The Organic Law for the application of the popular consultation and referendum of April 21, 2024 (the “Law”) was published in the Official Registry Supplement no. 599 of July 12, 2024. The Law includes reforms to the Comprehensive Organic Criminal Code (the “COIP”) to increase penalties for crimes related to organized crime, including the “illicit activity of mining resources” (Article 260, COIP).

Article 7 of the Law provides for the replacement of Article 260 by increasing the penalties for: the person who, without authorization from the competent authority, extracts, exploits, explores, exploits, transforms, transports, markets or stores mining resources. In this way, a distinction is made between (i) the general category of illegal mining activities, (ii) the case of illegal artisanal mining, (iii) when environmental damage is caused as a result of the crime, and (iv) if these acts are committed as part of the actions of organized crime or armed groups.

Previously, illegal activities of mining resources in their general category were punishable by imprisonment of 5 to 7 years. With the amended text, the penalty will be 16 to 20 years of imprisonment.

In cases of artisanal mining in which it is not justified as a legal activity with the permit granted by the competent authority, previously the prison sentence was 1 to 3 years. With the reform, the prison sentence is increased from 13 to 16 years.

When these illegal activities cause environmental damage, the penalty previously was between 7 and 10 years of imprisonment. Now, the penalty increases to a period of 22 to 26 years.

When the crime is committed as part of the actions or operations of organized crime or armed groups, it was punishable by imprisonment of 10 to 13 years and a fine of 80 to 120 unified basic salaries. The sanction is now between 26 to 30 years and a fine of 1000 to 1500 unified basic salaries.

For more information, please do not hesitate to contact us.

This bulletin contains a summary of legal developments of interest, and therefore cannot be considered as provided advice. If you have any questions, please contact the AVL Abogados team.