Criminal Law

The criminal proceeding in Colombia is divided into several phases within the Accusatory Criminal Justice System. In the inquiry and investigation, the Fiscalía investigates the circumstances of time, manner and place in which the criminal facts occurred. During this phase, preliminary hearings are held before the Control of Guarantees Judge, notably the imputation hearing where the Fiscalía formally links the imputed person.

The accusation phase begins with the filing of the accusation document before the Trial Judge, where motions for incompetence, recusal and nullity may be presented. In this hearing, the Fiscalía exposes the legally relevant facts and discloses the material evidence supporting its claim.

Finally, the trial phase consists of two hearings: the preparatory hearing, where evidence is requested with objections through exclusion and rejection, and the oral trial hearing, where the admitted evidence is practiced. Our team assumes your technical defense from the first stage to protect your liberty and ensure due process.

An arrest in flagrante delicto occurs when a person is surprised committing a crime, is apprehended after pursuit, or is found in possession of materials used to commit the crime. This type of arrest does not require prior judicial authorization and is grounded in the need to immediately stop someone committing a criminal act.

An arrest warrant is issued by a Control of Guarantees Judge upon reasoned petition by the Fiscalía, after evaluating evidence and indications of responsibility. In exceptional and duly argued events, the Fiscalía may issue an arrest order without prior judicial authorization.

In all cases, the detained person must be presented before the Control of Guarantees Judge within thirty-six (36) hours so that the legality of the arrest is verified.

The principle of opportunity (principio de oportunidad) is a constitutional and criminal figure that empowers the Colombian Attorney General's Office to suspend, interrupt or waive criminal action when the requirements established in articles 323 and 324 of Law 906 of 2004 are met.

It is important to understand that the principle of opportunity is an exclusive faculty of the Fiscalía and does not constitute a right of the imputed person, nor is its application mandatory. However, the defense has the right to request it. Although it is a discretionary faculty, it is regulated and limited to specific causes set forth in the Code of Criminal Procedure.

Once applied, the decision must be submitted to the mandatory control of a Control of Guarantees Judge. Our team specializes in evaluating the real possibilities of application and structuring integral reparation proposals to negotiate the most favorable conditions for the extinction of criminal action.

Custodial pretrial detention is custodial detention in a prison facility, where the defendant remains deprived of liberty during the criminal proceeding.

This measure is imposed by a Control of Guarantees Judge upon petition by the Fiscalía or victim's counsel, who must prove it is necessary to: prevent obstruction of justice, demonstrate that the imputed person constitutes a danger to society or the victim, or establish probable non-appearance or non-compliance with the sentence. Our team specializes in challenging these presumptions through solid technical defenses and seeking substitution by less restrictive measures such as house arrest or electronic monitoring.

The acceptance of the charges filed by the Fiscalía implies formal recognition of the facts and crimes imputed. This acceptance may bring a significant sentence reduction. However, the earlier in the proceeding it is made, the greater the reduction.

Although this option may appear as the quickest and most beneficial path, it must always be discussed with a specialized criminal lawyer who will analyze whether other legal alternatives may yield a better outcome. Sometimes, exercising the right to technical defense at oral trial or negotiating less restrictive measures may be more favorable than early acceptance. The decision must be conscious, informed, and supported by specialized legal counsel.

Yes. Colombian law guarantees the right to choose counsel of your own choosing at any stage of the proceeding. If you consider your current defense insufficient or want a second legal opinion, you can change lawyers. However, to avoid problems and even disciplinary sanctions, the previous lawyer must issue a clearance certificate (paz y salvo) confirming that the agreed obligations have been met.

Pursuant to article 303 of the Code of Criminal Procedure, upon arrest a person has the right to be informed of: (i) the facts attributed and the reason for arrest and the official who ordered it; (ii) the right to indicate the person to whom the apprehension should be communicated; (iii) the right to remain silent — knowing that statements may be used against them and that they are not obliged to testify against their spouse, partner or relatives within the fourth degree of consanguinity or civil kinship, or second degree of affinity; and (iv) the right to designate and meet with privately retained defense counsel as soon as possible.

Additionally, it is of utmost importance that the arrest is legalized before a Control of Guarantees Judge within 36 hours of the apprehension.

The dismissal of investigation (preclusión) is a legal mechanism aimed at terminating the criminal proceeding when the causes specified in article 332 of the Code of Criminal Procedure arise. Generally, these consist of: criminal action being unable to start or continue due to extinction; causes excluding criminal liability; non-existence of the fact, atypicality or non-participation of the imputed person; impossibility of overcoming the presumption of innocence; or expiration of the maximum term established in article 294 of the same procedural statute.

It is important to have the counsel of a specialized criminal lawyer to review your case and determine whether any of these circumstances may apply, and if so, bring them to the attention of the judge in charge of the case.