Attorney General issued concept on the use of vehicle license declared a total loss

• For the prosecution, penalizing the transfer or use, any title documents, licenses and identification numbers of motor vehicles declared a total loss, does not violate the Constitution.
 
 

The Attorney General's Office, Alejandro Ordóñez Maldonado, issuing a concept in constitutional claim against the paragraph of Article 447 of the Criminal Code, Act 599 of 2000, which defines the crime of stolen auto parts market and penalizes document transfer, license and vehicle identification numbers declared a total loss, asked the Court to declare inhibited.

For the prosecution, the defendant rule, which is part of crimes against the effective administration of justice and righteous, protects both owners and buyers of vehicles and spare parts, further explained that when there is total loss of a vehicle , in accordance with the provisions of Resolution 004 775 of 1 October 2009 the Ministry of Transport, their registration should be canceled, because "there are assets that can be transferred to others or that can be used for purposes consistent with the legal but are inseparable linked to the vehicle so lost. "

For this reason, in the opinion of Attorney, it is clear that if any material or device element of a vehicle declared a total loss is profitable, which should be determined after a rigorous technical review, the standard does not require defendant strictly your marketing is prohibited or penalized, but it will be when it is a part that is linked to a document, a license or identification number.

Thus, for the Attorney General, as it can be concluded that the acquisition of vehicles that make insurance companies is possible within this context.

However, when analyzing the application, the Attorney General found that not meet the requirements of accuracy, relevance and sufficiency set forth in the law, because it not part of a direct confrontation between the constitutional provisions invoked and the statute defendant, but a number of legal considerations, doctrinal and subjective actor, so it asked the Constitutional Court to declare INHIBITED to rule on the constitutionality of paragraph of Article 447A of Act 599 of 2000.