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With the phrase “The party is over for the corrupt”, The President of the Republic announced the filing of the Comprehensive law on transparency, prevention and fight against corruption in the Senate. It will be led by the Vice President, who will act as spokesperson for the latter before the legislative chambers.
One of the striking sections of the article is the one that lifts the corporate veil to apply sanctions of an administrative nature to private sector agents that violate the public patrimony of the nation, this in order to attack episodes of corporate interference that have cost the treasury billions of pesos in losses or indemnities. Within the protection measures, the project incorporates a special section for those who file complaints against phenomena of corruption against the state, providing “teeth” to investigation and control bodies, such as the Prosecutor’s Office and the Attorney General’s Office, for, in conjunction with the National Police , establish witness protection programs in the country. President Duque highlighted that this initiative, crystallized as a bill, was the result of a “harmonious consensus”Between different branches of the executive and legislative powers, seated at the table of the National Moralization Commission, which produced what the president called“a powerful legislative initiative”.
The law accelerates the mechanisms for domain extinction, one of the figures most used by investigation and prosecution mechanisms, to impact the structures of criminal groups and drug trafficking.
According to Duque, expediting extinctions will affect the improvement of state coffers, by removing the barriers that prevent confiscated money from entering the public treasury during the extinction process. Also, he emphasizes, that lThe penalties for offenders should be faster when applied, which will prevent them from appealing or, in extreme cases, avoiding their criminal responsibilities.
The article also contemplates a framework of punishments in the public sector, when determining the level of responsibility of the state legal companies when there is a ruling against their administrative directors or legal representatives, which could, eventually, distribute the burden of the test with the entity and allow the inspection and surveillance bodies to determine which part of the structure is involved in corruption events.
Another highlight is the inability of contributors to electoral campaigns who have accusations of corruption. Although the penalties were not disclosed for this type of corruption, according to the Presidency report, the indication is to establish who is involved in practices of this type in search of favors in cash or otherwise. Likewise, the project introduces the so-called Effective “compensation” for individual victims of corruption, with which the Colombian state intends to give visibility to those people who suffered the effects of corruption and who, at the time, were tried for erroneous information, which affected their good name. Another of the articles, based on the criterion of transparency, demands the obligation that public officials have to present their income statements before the competent authority. The latter grants teeth to entities such as DIAN to review assets and determine whether or not there is enrichment derived from practices associated with corruption.
The bill, made up of 12 chapters and 91 articles, will enter into legislative discussions in this virtual session of the Congress of the Republic.
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