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 19. Acceptance of charges. In the indictment hearing the accused may accept the charges presented by the Office of the Attorney General, as a result of the spontaneous declaration or the investigations under way at the time of the demobilization.
In order for it to be valid, he or she must do so freely, voluntarily, spontaneously, and with the assistance of defense counsel. In this case the judge who performs the function of controlling guarantees shall immediately send the record to the Office of the Clerk of the Chamber of the Superior Judicial District Court that is to hear the matter.
Once the record is received, the corresponding Chamber shall schedule a public hearing, within ten (10) days, to determine whether the acceptance of charges was free, voluntary, spontaneous, and with the assistance of defense counsel. If it is found to be according to law, within the following ten (10) days it will schedule a hearing for sentencing and imposition of the individual penalty.
Paragraph 1. If in this hearing the accused does not accept the charges, or retracts those admitted to in the spontaneous declaration, the National Prosecutorial Unit for Justice and Peace shall refer the record to the government officer with jurisdiction, pursuant to the law in force at the time the conduct investigated was committed.

Paragraph 2. When there is a request for comprehensive reparation, the provisions of Article 23 of this law shall be implemented first.

Keywords

Fair trial standards
Rights during trial - legal assistance



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