Ley 599 de 2000

Este preámbulo identifica la Ley 599 de 2000, que expide el Código Penal, y señala una nota sobre su entrada en vigor.

Criminal law must be based on respect for human dignity.

Rules and principles on human rights found in the Constitution and in ratified international treaties are part of this code.

When imposing a criminal penalty or security measure, the decision must be guided by necessity, proportionality, and reasonableness.

The penalty is to serve general prevention, fair retribution, special prevention, social reintegration, and protection of the convicted person.

At the time a security measure is carried out, its functions are protection, cure, supervision, and rehabilitation.

No one may be tried except under pre-existing law, before a competent judge or court, and with the proper procedural forms.

La ley penal debe aplicarse sin tomar en cuenta consideraciones distintas de las previstas en ella, y el funcionario judicial debe prestar especial consideración al valorar el injusto, la culpabilidad y las consecuencias jurídicas del delito en ciertos casos constitucionales.

No one may be charged more than once for the same punishable conduct, regardless of the legal label used.

Conduct is punishable only if it is typical, unlawful, and culpable; causation alone is not enough.

The criminal law must clearly define the basic structural features of a criminal offense, and in omission offenses the duty must also be clearly set out in the Constitution or the law.

A typical act is punishable only if it harms or effectively endangers the legally protected interest without just cause.

Only penalties may be imposed for conduct done with culpability; objective liability is ruled out.

Las normas rectoras de este Código son la base del sistema penal, prevalecen sobre las demás y orientan su interpretación.

La ley penal colombiana se aplica a quien la infrinja en el territorio nacional, salvo excepciones del derecho internacional.

La ley penal colombiana se aplica a ciertas conductas cometidas en naves o aeronaves fuera del territorio nacional, con una excepción por tratados internacionales.

This article says when Colombian criminal law can apply to offenses committed outside Colombia.

Foreign acquittals or convictions can have legal effect, but foreign judgments for the offences listed in articles 15 and 16(1) and (2) do not count as res judicata under Colombian law.

This article says extradition may be requested, granted, or offered under public treaties, or otherwise under the law.

This article classifies punishable conduct into crimes and contraventions.

This article defines which persons are treated as public servants for criminal law purposes.

This article says conduct can be intentional, negligent, or preterintentional, and that negligence and preterintentional conduct are punishable only when the law expressly says so.

A conduct is intentional when the actor knows the facts that make up the offense and wants the result, or when the offense was foreseen as probable and its non-occurrence is left to chance.

Conduct is considered culpable when the typical result comes from breach of the objective duty of care and the person should have foreseen it, or, having foreseen it, trusted they could avoid it.

The article defines conduct as preterintentional when the foreseeable result goes beyond the agent's intent.

A punishable conduct can be committed by action or omission. A person who has a legal duty to prevent a result, can do so, and fails to act may be subject to the criminal penalty set by the applicable criminal norm.

The punishable conduct is treated as occurring when the act is carried out, or when an omitted act should have been carried out, even if the result happens later.

Whoever starts a punishable offense but does not complete it for reasons beyond their control is subject to a reduced penalty.

The article states that authors and participants take part in the commission of a punishable act.

Defines who is considered an author or coauthor of a punishable act, including use of another person as an instrument and certain representation scenarios.