Bill 293.

Summary.

The bill amends Law 63 of August 28, 2008 to allocate jurisdiction in criminal matters. The Criminal Chamber (Sala Penal) would hear proceedings against specified senior officials, cassation and review appeals, jurisdictional disputes, habeas corpus appeals, and objections to decisions of the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) in extradition cases. The Superior Courts of Appeal (Tribunales Superiores de Apelaciones) would hear habeas corpus actions, appeals against decisions of other judges, disputes between indigenous traditional authorities and comarca judges, and other extradition applications brought by the Public Prosecutor's Office (Ministerio Público) or the defense. The listed offices include the Ombudsman (Defensor del Pueblo) and leaders of the National Police (Policía Nacional).

A private complaint would have to be filed in writing through legal counsel, identify the parties, describe the conduct, state the civil claim and offer evidence, with a copy for each respondent. Prosecutors and courts would exclude civil compensation if they receive evidence that the victim has pursued the claim in another jurisdiction. The bill governs provisional seizure of property connected with the listed offenses: the property would remain at the disposal of the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) pending a judicial decision. It provides for registration of the measure, provisional custody by third party owners, and protection of interests unconnected with the offense in businesses with multiple owners. Upon filing the complaint with the Public Prosecutor's Office, the complainant could request property related precautionary measures from the Guarantee Judge under the Civil Procedure Code (Código Procesal Civil), including against a third party whose civil liability is substantiated.

To bring formal charges, the Public Prosecutor's Office would request a hearing, set out the facts and evidentiary material, and explain their relevance. The defense would receive an equal period to make submissions and could present material of its own. The Guarantee Judge would admit or reject the charges in an appealable decision; admission would formally make the person a defendant in the proceedings. At the accusation hearing, the judge would decide preliminary objections and require corrections to the accusation without adding new evidence. A complainant's failure to attend would constitute withdrawal of the criminal action. The higher court would decide an appeal concerning disqualification or recusal within five days, and another hearing would be scheduled within five days after its ruling is received.

Once preliminary objections are resolved, the Public Prosecutor's Office would present its evidentiary material, and the defense could challenge it, seek exclusions and offer its own evidence. Where applicable, the defense would provide a simple copy within three days. The judge would decide whether probable cause supports referral to the Trial Court (Tribunal de Juicio) or whether to reject the accusation. An appeal that suspends the hearing would be decided within ten days. The order opening the oral trial would identify the court, parties, accusation, established facts and evidence. A conviction would be confined to the facts, circumstances and criminal provision invoked in the accusation. An acquittal would order release, termination of measures and restitution; a conviction would specify penalties and decide the disposition of property and the civil claim. In extradition proceedings, a detained person could seek bail upon showing ties to the national territory, with an appeal to the Second Criminal Chamber (Sala Segunda de lo Penal).

The Public Prosecutor's Office could seek designation of a case as complex under the stated conditions and grounds. The judge would assess investigative diligence, the time needed and whether proceedings can be separated; the designation could be limited to certain defendants, reviewed or revoked. Authorization would extend pretrial detention for the period granted and the ordinary investigation period up to two years, subject to the proposed extension rules. Finally, the bill amends Law 402 of October 9, 2023: it specifies which civil objections receive preliminary determination, applies that procedure to limitation periods, and regulates service, evidence, hearings and appeals. These provisions concern courts, prosecutors, investigated persons, victims, complainants, third parties with affected property and participants in civil litigation.