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Causing a forest fire is an environmental violation and a crime that has administrative, criminal and pecuniary repercussions.
According to the technical visits carried out by Codechocó, in its area of jurisdiction, and the reports carried out by the Institute of Hydrology, Meteorology and Environmental Studies IDEAM, the impacts of the season of less rain continue to increase for the municipalities of Acandí, Unguía, Carmen del Darién, Riosucio, Bagadó, among others, generating effects such as low rainfall, high heat temperatures and threats of probability of vegetation cover fires.
For this reason, the Corporation warns that natural persons, companies and the community in general, who carry out activities that cause forest fires, generating different impacts on the environment, such as the soil, subsoil, fauna, flora and gas emissions that are generated in the atmosphere, they will be responsible for the damages caused in administrative sanctioning matters, where the entity, in compliance with its missionary objective and in accordance with Law 1333 of 2009, may initiate an administrative and pecuniary sanctioning process against the offender.
In the event of a forest fire generated by an offender, first of all, the Corporation imposes a preventive measure that translates into suspending the activity. Subsequently, the entity begins an administrative process through which a fine may be imposed according to article 40 of Law 1333 of up to five thousand current legal monthly minimum wages and will be determined according to the environmental impact generated.
On the other hand, Colombian legislation contemplates penalties for those who cause a forest fire in accordance with the provisions of Law 599 of 2000 in its article 331 on damage to natural resources and article 350 on fires.
In addition to Law 2111 of 2021 in its articles 330 and 333 regarding deforestation and damage to natural resources and ecocide, where, as criminal offenses are classified as criminal offenses, the author or participant in the generation of a forest fire can be sentenced to up to 15 years in prison.
Finally, with the purpose of being rigorous when enforcing current environmental regulations, Codechocó, according to the provisions of article 20 of Law 1333 of 2009 on referral to other entities, will send a copy to the Attorney General’s Office, to so that progress can be made in a criminal act if necessary.
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