Colombia

Law No. 975, 25 July 2005 Issuing Provisions for the Reincorporation of Members of Illegal Armed Groups Who Effectively Contribute to the Attainment of National Peace, and Other Provisions for Humanitarian Accords Are Issued

CHAPTER IV
Investigation and prosecution

Article 18. Arraignment. When, based on the material evidence, physical evidence, information lawfully obtained, or the spontaneous declaration, one may reasonably infer that the demobilized person is a perpetrator of or participant in one or several crimes being investigated, the prosecutor delegate for the case shall ask the judge who performs the function of controlling guarantees to schedule a preliminary arraignment hearing.
At this hearing, the prosecutor shall make the factual indictment of the charges investigated and shall ask the judge to order the pre-trial detention of the accused in the appropriate detention center as provided for in this law. In addition, the prosecutor shall ask that precautionary measures be adopted with respect to illegally obtained assets that have been surrendered for the purpose of making reparation to the victims.
Within sixty (60) days of this hearing, the National Prosecutorial Unit for Justice and Peace, with the support of its group of judicial police, will undertake the investigation and verification of the facts admitted by the accused, and all those that may come to its attention within the scope of its jurisdiction. Upon the conclusion of this term, or earlier if possible, the prosecutor assigned to the case shall ask the judge who performs the function of controlling guarantees to schedule an indictment hearing, within ten (10) days following the request, if there is to be one.
The statute of limitations on the criminal action is interrupted by the arraignment.

Keywords

Statute of limitations - national proceedings
Taking of evidence - national procedures for ICC proceedings
Questioning of persons - national procedures for ICC proceedings



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