Key Benefits:
599 OF 2000
(July 24)
Official Journal No. 44,097 of July 24, 2000
14 of Law 890 of 2004.
About the particular, the editor highlights that in the country's legal community there are different interpretations on the scope of the next sentence of the article 14 of Law 890 of 2004:" The penalties provided for in the criminal types contained in the Special Part of the Criminal Code ... "
The editor's interpretation is based on the clarity of the text of Article 14 of Law 890 of 2004 and the definitions contained in the Articles 35 and 43 of the Criminal Code (Act 599 of 2000) >
this Code comes into effect one (1) year after enactment. >
COLOMBIA CONGRESS
For which the Criminal Code is issued
DECRETA:
BOOK I.
GENERAL PART
OF COLOMBIAN CRIMINAL LAW GOVERNING RULES
ARTICLE 1o. HUMAN DIGNITY. Criminal law will be based on respect for human dignity.
ARTICLE 2o. INTEGRATION. The norms and postulates that on human rights are recorded in the Political Constitution, in the international treaties and conventions ratified by Colombia, will make an integral part of this code.
ARTICLE 3o. PRINCIPLES OF CRIMINAL SANCTIONS. The imposition of the penalty or the security measure shall be in accordance with the principles of necessity, proportionality and reasonableness.
The principle of necessity will be understood in the framework of prevention and according to the institutions that develop it.
ARTICLE 4. FUNCTIONS OF THE SENTENCE. The sentence will serve the functions of general prevention, fair retribution, special prevention, social reinsertion and protection of the condemned person.
Special prevention and social reintegration operate at the time of the execution of the prison sentence.
ARTICLE 5o. FUNCTIONS OF THE SECURITY MEASURE. At the time of the execution of the security measure they operate the functions of protection, healing, guardianship and rehabilitation.
ARTICLE 6o. LEGALITY. No one can be tried but according to the laws pre-existing to the act that is imputed to him, before the competent judge or tribunal and with the observance of the fullness of the own forms of each trial. The preexistence of the rule is also applicable for the forwarding in the field of blank criminal types.
The permissive or favorable law, even if it is later, will apply without exception, preferably to the restrictive or unfavorable. This also applies to those convicted.
The analogy will only apply in permissive matters.
ARTICLE 7o. EQUALITY. Criminal law shall apply to persons without taking into account considerations other than those laid down in it. The judicial officer shall have special consideration in the case of assessing the unjust, the guilt and the legal consequences of the crime, in relation to the persons who are in the situations described in the final subparagraph of the Article 13 of the Political Constitution.
ARTICLE 8o. PROHIBITION OF DOUBLE CRIMINALITY. No one may be charged more than once with the same punishable conduct, regardless of the legal name given to him or her, except as established in the international instruments.
ARTICLE 9o. PUNABLE TA. For conduct to be punishable it is required to be typical, legal and guilty. Causation alone is not sufficient for the legal imputation of the result.
For the conduct of the unimpeachable to be punishable it is required that it be typical, anti-legal, and the absence of causal absence of liability is noted.
ARTICLE 10. TIPICITY. The criminal law will define unequivocally, express and clear the basic structural characteristics of the penal type.
In the types of omission also the duty will have to be clearly enshrined and delimited in the Political Constitution or in the law.
ARTICLE 11. ANTIJURIDICITY. For a typical conduct to be punishable, it is required to injure or effectively endanger, without fair cause, the legally protected property.
ARTICLE 12. GUILT. You can only impose penalties for conduct carried out with guilt. All forms of objective responsibility are eradicated.
ARTICLE 13. GOVERNING STANDARDS AND REGULATORY FORCE. The rules governing the rules contained in this Code constitute the essence and orientation of the criminal system. They prevail over others and inform their interpretation.
OF THE PENAL ACT APPLICATION
ENFORCEMENT OF CRIMINAL LAW IN SPACE
ARTICLE 14. TERRITORIALITY. The Colombian penal law will apply to every person who violates it in the national territory, except for exceptions enshrined in international law.
Punishable behavior is considered to be performed:
1. In the place where the action was fully or partially developed.
2. At the place where the omitted action should have been performed.
3. At the place where the result occurred or should have occurred.
ARTICLE 15. TERRITORIALITY BY EXTENSION.
21 of Law 1121 of 2006. The new text is as follows: > The Colombian criminal law will apply to the person who commits the conduct punishable on board or operated by the State or operated by the State, which is outside the national territory, except for the exceptions enshrined in the law. in international treaties or conventions ratified by Colombia.
It shall also apply to the person who commits the conduct on board any other national aircraft or aircraft, which is located in the air, when criminal action has not been initiated abroad.
ARTICLE 16. EXTRATERRITORIALITY. The Colombian criminal law will apply:
1. 22 of Law 1121 of 2006. The new text is as follows: > To the person who commits abroad a crime against the existence and security of the State, against the constitutional regime, against the social economic order except the conduct defined in the article 323 of this Code, against public administration, or falsifies national currency or incurs the crime of terrorist financing and administration of resources related to terrorist activities, even when she has been acquitted or sentenced abroad to a lesser sentence than that provided for in law
In any case, the time that has been deprived of his freedom will be served as part of the sentence.
2. To the person who is at the service of the Colombian State, enjoy immunity recognized by international law and commit crime abroad.
3. To the person who is at the service of the Colombian State, he does not enjoy immunity recognized by international law and commits a foreign crime other than those mentioned in the number 1o., when he has not been tried abroad.
4. To the national that outside of the cases provided for in the previous numerals, is found in Colombia after having committed a crime in foreign territory, when the Colombian penal law reprints it with a custodial sentence whose minimum is not is less than two (2) years and has not been tried abroad.
If this is a lower penalty, it will not be taken but because of a complaint from the Attorney General's Office.
5. Abroad, outside of the cases provided for in numerals 1, 2 and 3, is found in Colombia after having committed a crime abroad to the detriment of the State or a Colombian national, which the Colombian law provides with a custodial sentence. the freedom of which the minimum is not less than two years (2) and has not been judged abroad.
In this case, only a party or petition will be filed by the Attorney General of the Nation.
6. Foreign nationals who have committed a crime abroad to the detriment of foreign nationals, provided that these conditions are met:
a) That is in Colombian territory;
b) That the crime has a private penalty of liberty in Colombia, the minimum of which is not less than three (3) years;
c) That is not a political crime, and
d) The Colombian government has not granted the extradition request. Where extradition is not accepted, there will be criminal proceedings.
In the case referred to in this number, it will not be possible to proceed but through a complaint or request from the Attorney General of the Nation, and whenever he has not been tried abroad.
ARTICLE 17. FOREIGN JUDGMENT. The absolute or damning judgment delivered abroad shall have the value of res judicata for all legal purposes.
They will not have the value of res judicata before the Colombian law the sentences that are pronounced abroad regarding the crimes mentioned in the articles 15 and 16, numerals 1 and 2.
The penalty or part of it that the convicted person has served under such sentences will be deducted from the one that is imposed according to the Colombian law, if both are of the same nature and if not, the relevant conversions will be made, comparing the relevant legislation and observing the tenets of the penalty assessment referred to in this code.
ARTICLE 18. EXTRADITION. The extradition may be requested, granted or offered in accordance with the public treaties and, failing that, with the law.
In addition, the extradition of Colombians by birth will be granted for crimes committed , considered as such in Colombian criminal law.
Extradition will not proceed with political crimes.
The extradition will not proceed in the case of acts committed prior to the enactment of the Legislative Act 01 of 1997.
OF THE PUNCH BOX
ARTICLE 19. CRIMES AND VIOLATIONS. The punishable conduct is divided into crimes and violations.
ARTICLE 20. PUBLIC SERVANTS. For all the purposes of criminal law, public servants, employees and workers of the State and their decentralized entities territorially and for services are public servants.
For the same purposes, the members of the public force, the individuals who carry out public functions permanently or temporarily, the officials and workers of the Bank of the Republic, the members of the public force, are considered to be public servants. of the National Citizen Commission for the Fight Against Corruption and the people who administer the resources that is dealt with in Article 338 of the Political Constitution.
ARTICLE 21. MODALITIES OF THE PUNISHABLE CONDUCT. The conduct is intentional, culpable or preterintentional. Guilt and preterintention are only punishable in the cases expressly indicated by the law.
ARTICLE 22. DOLO. The conduct is painful when the agent knows the facts of the criminal offence and wants to carry it out. The conduct of the criminal offence has also been foreseen and its non-production is likely to be left to chance.
ARTICLE 23. CULPA. The conduct is blamed when the typical result is the product of the offence to the duty objective of care and the agent must have foreseen it for being predictable, or having foreseen it, I trust to be able to avoid it.
ARTICLE 24. The behavior is preterintentional when its outcome, being predictable, exceeds the intent of the agent.
ARTICLE 25. ACTION AND OMSION. The punishable behavior can be performed by action or by default.
Who has the legal duty to prevent a result belonging to a typical description and will not carry it out, being able to do so, will be subject to the penalty provided in the respective criminal law. To this end, the agent is required to be in charge of the protection in particular of the protected legal asset, or who has been entrusted with the supervision of a particular source of risk, in accordance with the Constitution or the law.
The following situations are constitutive of warranty positions:
1. When the actual protection of a person or a source of risk is voluntarily assumed, within the domain itself.
2. When there is a close community of life between people.
3. When carrying out a risky activity by several persons.
4. Where a legal situation of immediate risk is created before the relevant legal asset.
PARAGRAFO. Numerals 1, 2, 3, and 4 will only be taken into account in relation to criminal punishable conduct that attacks personal life and integrity, individual freedom, and sexual freedom and training.
ARTICLE 26. TIME OF THE PUNCH-POINT. The punishable conduct is considered to be carried out at the time of the execution of the action or in the time when the action is omitted, even if it is another one of the result.
ARTICLE 27. TENTATIVE. He who shall initiate the execution of a conduct punishable by acts which are appropriate and unequivocally directed to his or her consummation, and which is not produced by circumstances beyond his or her will, shall incur a penalty of not less than half of the minimum greater than three-quarters of the maximum of the indicated for the consumable conduct.
Where the punishable conduct is not consummated by circumstances beyond the discretion of the author or participant, it shall incur no less than the third part of the minimum and no greater than two thirds of the maximum of the maximum of the mark for its consummation, if has made all the necessary efforts to prevent it.
ARTICLE 28. CONTEST OF PERSONS IN THE PUNISHABLE CONDUCT. Concurren in the conduct of the conduct punishable by the authors and the participants.
ARTICLE 29. AUTHORS. It is author who performs the conduct punishable by himself or using another as an instrument.
It is co-authors who, by mediating a common agreement, act with division of criminal labor, taking into account the importance of the contribution.
It is also the author who acts as a member or organ of authorized or de facto representation of a legal person, of a collective entity without such an attribute, or of a natural person whose voluntary representation is held, and conducts conduct However, the special elements underlying the penalty of the respective punishable figure do not exist in him, but in the person or collective entity represented.
The author in his various modalities will incur the intended penalty for the punishable conduct.
