Título Quinto. Colaboradores

A person who has participated in a criminal act, whether or not a member of an organized criminal group, who provides effective aid or collaboration for the investigation and prosecution of members of an organized criminal group, may receive the benefits granted in this Law.

The information provided by the collaborator that enables any of the following results shall be considered effective collaboration:

a)To prevent the continuation and consummation of crimes or to diminish their magnitude;

b)To learn the circumstances in which the crime was planned and executed, or the circumstances in which it is being planned or executed;

c)To identify the perpetrators or participants in a crime committed or to be committed; or the bosses, ringleaders or directors of the criminal organization;

d)To identify the members of a criminal organization and its functioning, enabling its dismantling, weakening or the detention of one or more of its members;

e)To ascertain the whereabouts or destination of the instruments, property, effects and proceeds of the crime, as well as to indicate the sources of financing and support of the criminal organizations;

accused.

f)The surrender of the instruments, effects, proceeds or property derived from the unlawful activity to the competent authorities.

Benefits for effective collaboration.

Except for the crimes referred to in the following article, the following benefits for effective collaboration may be granted:

a)The opportunity criterion or the conditional suspension of criminal prosecution;

b)During the oral and public trial and until before judgment is rendered, the dismissal of proceedings for accomplices, or the reduction of the penalty by up to two-thirds at the time judgment is rendered, for principals;

c)Conditional liberty or controlled liberty for any person who is serving a sentence.

The benefits described in the preceding article may not be granted in cases of genocide, forced disappearance, extrajudicial execution, torture and crimes against the duties of humanity.

The benefits of Opportunity Criterion, conditional suspension of criminal prosecution or dismissal of proceedings may not be granted to the chiefs, ringleaders or leaders of criminal organizations.

Benefits of restricted application.

. In the cases of the preceding article, the following benefits for effective collaboration may be granted:

a)Reduction of the penalty by up to two-thirds at the time judgment is rendered; or,

b)Conditional liberty or controlled liberty to whoever is serving a sentence.

Without prejudice to the foregoing, these benefits shall not be applicable to the bosses, ringleaders or leaders of criminal organizations who are being charged or have been convicted of genocide, forced disappearance, extrajudicial execution, torture or crimes against the duties of humanity.

Processing of the benefit.

The benefits of opportunity criterion, conditional suspension of criminal prosecution and dismissal of proceedings shall be processed before the judge or tribunal hearing the case in which the Interested Party has the status of suspect, accused person [incomplete text]. The benefits of conditional liberty or controlled liberty for a person who is serving a sentence shall be processed before the execution judge.

For the application of the opportunity criterion, the procedure established in the Code of Criminal Procedure for accomplices or perpetrators of the crime of concealment shall be followed.

For purposes of applying the benefits for effective collaboration, the limitations established by the laws based on the interested party's status as a public official, or based on the maximum duration of the penalties, shall not be taken into account.

The effective collaborator shall surrender all property, profits and proceeds that he may have obtained as a consequence of his unlawful activity in the criminal organization.

Abbreviated procedure.

Jointly with the application of the benefit of Article 92 Ter literal a), during the preparatory stage and until completion of the intermediate procedure, the Public Prosecutor's Office may request the judge hearing the case in which the interested person has the status of suspect or accused person to apply the abbreviated procedure, in accordance with the following rules:

The Public Prosecutor's Office shall specify its request before the first-instance judge, and must have the agreement of the accused person and his defense counsel, which shall extend to the admission of the act described in the indictment and his participation therein, and to the acceptance of the proposed avenue.

The judge shall hear the accused person and shall issue the corresponding decision, without further proceedings. The judge may acquit or convict, but the conviction may never exceed the penalty requested by the Public Prosecutor's Office. The rules of the judgment shall apply where pertinent.

The judgment shall be based on the act described in the indictment admitted by the accused person, without prejudice to incorporating others favorable to him, whose evidence has its source in the preparatory procedure, and a legal classification different from that of the indictment may be given to the act.

An appeal against the judgment shall be admissible.

The civil action shall not be discussed and may be brought again before the competent civil tribunal. However, those who were admitted as civil parties may file the appeal, with the established limitations and only to the extent that the judgment influences the outcome of a subsequent civil claim.

The existence of several accused persons in the same procedure shall not prevent the application of these rules to any of them.

The abbreviated procedure described in this article is independent of the effective cooperation agreement. Therefore, the decisions issued therein shall not affect the validity of the effective cooperation agreement nor the obligations derived therefrom.

Parameters for granting benefits.

The benefits described in Articles 92 and 92 TER shall be granted in consideration of the following four elements, considered jointly:

a)The degree of effectiveness or importance of the cooperation in clarifying the crimes under investigation and in the sanction of the principal persons responsible;

b)The seriousness of the crimes that have been the subject of the effective cooperation;

c)The degree of responsibility within the criminal organization of the effective collaborator; and,

d)The seriousness of the crime and the degree of responsibility attributed to the effective collaborator therein.

The benefits established in this Law shall be granted under the condition that the collaborator does not commit an intentional crime, for a time of not less than twice the maximum penalty established by law for the crime with which the collaborator is charged or which the collaborator has committed, for having been granted such benefit. Consequently, if the collaborator reoffends in such activity, the benefit granted to the benefited collaborator shall be revoked.

Entering into an agreement with the beneficiaries.

Prosecutors may request the competent judge to enter into agreements to grant the benefits described above, with persons investigated, prosecuted or convicted, observing the rules established in this Law. For this purpose, prosecutors, during the investigation or at any stage of the proceedings, may hold meetings with the collaborators, when there is no impediment or detention order against them.

As a consequence of the interviews he conducts, the prosecutor shall order the investigative acts necessary to corroborate the information provided, and may order the National Civil Police to carry out the preliminary inquiries and submit a report to the prosecutor who ordered them. While the information that has been provided is being corroborated, the prosecutor shall take the necessary measures to guarantee the personal safety of the collaborator.

Upon completion of the investigative acts that corroborate the information provided, the prosecutor, if the prosecutor considers it appropriate, shall request from the competent judge the granting of any benefit provided for in this Law, which shall contain the following:

a)The benefit granted;

b)The information provided by the collaborator and the inquiries or investigations that have corroborated such information;

c)If necessary, the personal measures to guarantee the safety of the collaborator;

d)The commitment of the person to continue collaborating during the course of the criminal proceedings, on the understanding that this does not imply a diminution of their right not to testify against themselves; and,

e)The obligations to which the benefited person remains subject.

In the event that the information provided is not corroborated, the prosecutor shall deny the benefit and the agreement to the interested person, without prejudice to continuing with the respective investigation.

If reasonable indications of criminal participation by the persons identified by the collaborator are established from the information provided, the prosecutor shall proceed in accordance with a previously designed plan to initiate criminal prosecution against them.

Judicial decision on the collaboration agreement.

The agreement containing the benefit and the other requirements established in Article 98 of this Law shall be approved by the competent judge. In deciding on the agreement submitted, the judge may make the pertinent modifications to adapt the benefit to the obligations to be imposed, according to the nature and modality of the punishable act.

The judge's refusal to grant the collaboration agreement must be reasoned, clearly stating therein the legal requirements not complied with by the Public Prosecutor's Office; once the defects indicated have been cured, the Public Prosecutor's Office may, without further proceedings, again request approval of the collaboration agreement.

When the benefits provided for in this Law are granted, one or more of the following obligations shall be imposed on the beneficiary:

a)To appear periodically before the competent authorities;

b)To repair the damage caused by the unlawful acts committed according to his or her economic capacity; family members; of a permanent nature, the beneficiary and his or her having to

c)Not to go to certain places or to visit certain persons;

d)Prohibition on carrying firearms, unless the prosecutor deems it necessary for his own safety;

e)If necessary, to adopt a different identity that allows for better collaboration;

f)To return the property derived from unlawful activity;

g)Not to leave a given territorial jurisdiction without prior judicial authorization.

Revocation of the benefit granted.

The benefits established in the present Law shall be revoked exclusively at the request of the Public Prosecutor's Office, in the following cases:

a)For having committed an intentional crime during a period of less than double the time of the maximum penalty depriving of liberty established by the law that would have corresponded to them if the benefit had not been applied;

b)For the information delivered by the effective collaborator having been declared false by final judgment;

c)For non-compliance by the beneficiary with any of the commitments and obligations in the record in which the collaboration agreement is set forth.

The protection measures provided for in this Law are applicable to those who, as collaborators, intervene in the investigations or criminal proceedings covered by this Law.

Protection measures.

The prosecutor may establish, according to the degree of existing risk or danger, the protection measures necessary to guarantee the security and preserve the identity of the protected person and that of his or her family members, his or her domicile, profession, place of work, and may adopt the following:

1.Police protection at his or her residence or its perimeter, as well as that of his or her family members, who may be at risk or in danger; this measure may include change of residence and concealment of his or her whereabouts;

2.Preserve his or her place of residence and that of his or her

3.Prior to the first statement of the accused person, preserve or conceal the identity of the beneficiary and other personal data;

4.After his or her statement given before a competent judge and provided there exists risk or danger to the life, integrity or liberty of the beneficiary or that of his or her family members, change of identity may be granted and facilitation of his or her departure from the country, with an immigration status that allows them to work, for which the prosecutor shall order the necessary measures and actions.

The protection office, with the advice of the prosecutor in charge of the case, shall be responsible for processing the necessary protection measures and actions ordered by the Prosecutor General of the Republic.

Change of identity.

The change of identity is a protection measure of an exceptional nature and shall only be applicable when the other measures are not sufficient or effective to guarantee the security of the beneficiary. The change of identity may be extended to the beneficiary's family members.

Requirements.

To apply the change-of-identity measure, the following is required:

a)That it be voluntary and with the full knowledge of the beneficiary;

b)That it be requested by the fiscal agent in charge of the case or by the beneficiary himself;

c)That the degree or level of risk be the maximum, as stipulated in the respective rules;

d)That the information provided be of relevance for the clarification of the fact or for prosecuting the persons responsible.

The change of identity shall only be processed immediately after the person has provided his/her declaration before a competent judicial authority. If the declaration is made at the preparatory or intermediate stage, it must be given as anticipated evidence. If it is made at the oral trial, it must be carried out during the conduct of the debate.

Article 104 SEXTIES. Period in force of the change of identity.

The change of identity is permanent, requiring family members to use the new identity permanently. Without prejudice to the foregoing, if the risk that prompted the measure has disappeared, the beneficiary and his/her family members may request that their former identity be processed for them.

New declaration.

In the event that a new declaration by the beneficiary is required, after the change of identity has been granted to him/her, the declaration shall be made with his/her original identity, with the authorities having to establish the appropriate mechanisms to provide security to the person, including the possibility of holding videoconferences or avoiding visual contact with the person; for such purpose, the person in charge of the protection office shall keep the corresponding register of the original identity.

Confidentiality.

Public officials or public employees who, by reason of office, know information regarding the change of identity of the person, as well as the original identity, shall safeguard the information under guarantee of confidentiality. The public official or public employee who discloses such information shall be criminally and administratively liable.

Procedure for change of Identity.

If the director of the protection office issues a favorable opinion of change of identity, the protection office shall:

a)Inform the prosecutor in charge of the case of the opinion issued. The prosecutor shall not know the information of the new Identity.

b)Keep a detailed register of the original identity and of the new identity of the beneficiary, and if necessary of his/her family;

c)Determine the specific aspects of the new identity.

d)Establish communications with the competent authorities of public registries to inform them of the change of identity. In such communications, the protection office shall warn the corresponding employees or public officials of the obligation of confidentiality with respect to the change-of-identity information and of criminal and administrative liability for breach of said obligation;

Among the documents that shall be issued with the new identity of the benefited person are the following: birth certificate; personal identification document; driver's license; passport; social security card; tax identification number (NIT);

e)Establish communication with the competent foreign authorities for the relocation of the beneficiary and, if necessary, of his/her family, providing the information necessary for such purpose;

f)Cover the transfer expenses and accompany the benefited person in the transfer.

For those benefited by effective collaboration who have been convicted or are serving a penalty of imprisonment, the computation of the penalty shall be carried out, taking into account the reductions established in literal c) of Article 92 of this Law.