Counsel and representation of companies, executives, board members, and shareholders facing latent or materialized criminal risks within the organization
Fraud risk and criminal liability are a reality in every organization, and given their implications, they cannot be ignored. Legal representatives, board members, executives, and even employees face growing exposure to criminal investigations arising from the ordinary activity of the company: contractual breaches, handling of public resources, environmental regulation compliance, financial operations — in general, any poorly planned or executed operation within the normal course of business can become an investigation that ends in a criminal proceeding.
Specialized corporate counsel and defense
At Guevara Castaño Abogados we are ready to advise and represent your company during inquiries or criminal proceedings, applying the experience and strategic knowledge that characterizes us to protect the liberty of administrators, executives, and employees, as well as the organization's assets.
We understand the complexity of the corporate environment and work integrally to shield your company against legal risks. Our priority is to offer a rigorous technical defense that mitigates contingencies, ensures the continuity of your operations, and safeguards institutional reputation against any criminal challenge.
Companies do not commit crimes; their representatives do. Anticipating corporate criminal risk means protecting the people who lead them.
— Guevara Castaño Abogados
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Frequently asked questions
What our clients ask
In Colombia, criminal liability remains individual — only natural persons can be criminally convicted. However, this does not mean the company is exempt. When an employee or executive commits a crime in the exercise of their duties, the legal entity may face serious consequences such as administrative fines, cancellation of legal personality, suspension of activities, closure of establishments, disqualification from contracting with the State, and, in cases linked to money laundering or terrorism financing, asset forfeiture (extinción de dominio).
Additionally, Law 1778 of 2016 — the Anti-Corruption Statute — does establish direct administrative liability for legal entities in cases of transnational bribery, with sanctions that can reach 200,000 minimum legal monthly wages. Compliance program prevention is therefore not optional: it is the line of defense that separates a controllable contingency from a corporate crisis.
The legal representative assumes a guarantor position before the company and third parties, exposing them to criminal liability both by action (decisions taken) and by omission (controls that should have been implemented and were not). The most frequent crimes are unfair administration (administración desleal), procedural fraud, falsification of private documents, omission of assets and inclusion of nonexistent liabilities, money laundering, omission by the withholding agent, undue use of privileged information, and crimes associated with non-compliance with SAGRILAFT or PTEE obligations.
A critical point many executives do not know: delegating functions to a compliance committee or compliance officer does not automatically release the legal representative from liability. The Supreme Court has been clear that a duty of supervision persists, the breach of which may constitute commission by omission. Preventive defense, with specialized counsel before making risk decisions, is the most effective tool.
Unfair administration (administración desleal) is criminalized in article 250B of the Colombian Criminal Code (incorporated by Law 1474 of 2011) and applies when the de facto or de jure administrator of a company, to its detriment, fraudulently disposes of its assets or contracts obligations against it, abusing the functions of their position. The penalty ranges from 4 to 8 years of imprisonment, plus fines.
Typical scenarios include simulated contracts with related parties, sales at unreasonable prices, authorization of personal expenses charged to the company, granting guarantees without consideration, and unrevealed conflict-of-interest operations.
Money laundering is the process by which an appearance of legality is given to resources of illicit origin, integrating them into the formal financial or economic system. In Colombia it is criminalized in article 323 of the Criminal Code with penalties of 10 to 30 years of imprisonment.
For a commercial company, the risks are multiple and simultaneous: individual criminal liability of involved executives, asset forfeiture under Law 1708 of 2014, freezing of accounts, inclusion in international restrictive lists (OFAC, UN), loss of banking relationships, and irrecoverable reputational damage. Typical exposure arises from accepting cash payments of unverified origin, dealing with unsuitable counterparties, receiving unjustified capital contributions, or processing transactions for third parties. SAGRILAFT, when applicable, is the main legal prevention tool.
Yes. Colombian law recognizes any shareholder, regardless of ownership percentage, the right to criminally report conduct of the administration or board of directors that constitutes a crime. The most frequent crimes invoked are unfair administration, abuse of confidence, falsification of private documents, procedural fraud, and, when there is improper distribution of profits or misleading information to partners, other corporate crimes.
For the complaint to prosper, alleging disagreement with management is not enough: concrete evidence is required such as manipulated financial statements, simulated contracts, altered minutes, unrevealed related-party operations, or asset disposals without economic justification.
Criminal risk prevention is built on five concrete pillars. First, a criminal compliance program with a risk matrix identified by business process — not generic templates. Second, internal whistleblower channels (ethics hotlines) ensuring confidentiality and non-retaliation, a requirement of both Law 2195 of 2022 and international best practices. Third, documented due diligence of clients, suppliers, intermediaries, and related parties, with periodic renewal. Fourth, recurring training of executives and critical areas (procurement, commercial, financial) with attendance records. Fifth, independent internal audits and periodic review by the board.
A company with these controls drastically reduces the probability of criminal conduct, and in case of investigation, has objective evidence of due diligence — which in Colombian judicial practice operates as a significant mitigating factor or even as a cause for non-liability of administrators.
A summons to interrogation from the Attorney General's Office (Fiscalía) is a critical moment that defines the course of the case. First: attendance is mandatory, but testifying is not. The executive has the right to remain silent (total or partial) and must always appear accompanied by privately retained counsel — not the company's lawyer, as interests may not align.
Before the proceeding, it is essential to know the procedural role: whether the person is summoned as suspect, indictee, witness, or victim, since rights and strategy vary. Documents must never be handed over without prior judicial order. Preparation — reviewing documentation, anticipating questioning lines, and defining topics to address — separates a controlled proceeding from unnecessary procedural risk.
While the Colombian Code of Criminal Procedure does not expressly state that a legal entity may be constituted as a victim, it does not exclude it either. The Code (Law 906 of 2004) limits itself to stating that the victim is anyone who has suffered harm or damage as a consequence of a crime.
Since under civil legislation persons may be natural or legal, the criminal procedure law is understood to encompass both. Legal entities may therefore exercise the rights of a victim from the inquiry stage and obtain due recognition from the accusation.