Law 1333 of 2009 - Environmental Penal Regime
Bogota, Cundinamarca, Colombia - Colombian environmental legislation has been upgraded. The National Constitution of 1991 was signed and Law 99 of 1993 was introduced, forming the backbone of the environmental system in Colombia.
Some of the most relevant aspects of the new law are:
- Presumption of intent or fault of the alleged offender (Articles 1 and 5): Reverses the burden of proof of the process (both procedural and economic), this may lead, in cases of doubt or lack of certainty, against the alleged offender.
- It is considered that environmental violation or any behavior causing damage to the environment, even when there is no existing regulation that configures it is an offence.
- Extends the expiration period of the sanctions for environmental offences from 3 to 20 years (Article 10). This article provides for violations that may take many years to manifest or produce negative effects (case of soil contamination or aquifers).
- Increases the number of competent authorities and their sanctioning power.
- Creates the database of Environmental Offenders Register (RUIA in Spanish). There are still many concerns and doubts in relation to this law, specifically involving articles 1 and 5, which are still to be discussed by the Constitutional Court in Colombia, in case a law suit is filed before the Court. However, it is considered to be an important step unifying criteria and the scope of the environmental penal regime in Colombia.
For further information please contact Ruben Burgos at rburgos@geoingeneria.com