Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
In my 17 years practicing as Colombian lawyer for US citizens in Colombia, I can see the differences between the US criminal case vs the Colombian criminal case. Here is a summary of the Colombian structure criminal under the view of a US citizen.
the criminal legal case structure follows a well-defined process that ensures fairness and transparency for all parties involved. The structure of a legal case in Colombia typically consists of several key stages, each contributing to the overall resolution of the case.
The first stage of a legal case in Colombia is the filing of a criminal complaint. The party or parties aggrieved by an alleged offense or violation must submit a formal complaint to the competent authority, usually the Colombia Public Prosecutor’s Office. This complaint should include detailed information about the incident and the identity of the parties involved.
Once the complaint is filed, the next stage is the investigation. This involves gathering evidence, interviewing witnesses, and conducting any necessary forensic examinations. The investigating prosecutor will meticulously analyze all the evidence to determine the legal validity of the case and identify potential culprits. As part of the investigation, the prosecutor may also order the arrest or detention of the accused, if deemed necessary.
In this specific case, the Colombian criminal law allows the victim or party aggrieved to submit through his attorney, to participate, submit, gather, and collect all kind of evidence to make the criminal stronger.
After the investigation, the case moves to the prosecution stage. The prosecutor will evaluate the evidence and decide whether to proceed with formal charges against the accused. If charges are filed, the case proceeds to the trial stage. In Colombia, trials are generally conducted before a judge, who evaluates the evidence, hears testimonies, and ultimately decides the outcome of the case.
The pretrial steps are.
Notice of charges: The prosecutor with the presence of the judge and the offender, serve him the charges that has been charged to him.
Indictment: Prosecutor files an accusation and provides the evidence that support the call for trial
Trial It is divided into.
- Preparatory Hearing. It is the step in which the defense attorney presents and request evidence on favor of the accused to be done in the judgment hearing.}
- Judgement hearing: all evidence is done and practiced, the judge then assesses the evidence presented and renders a verdict based on the principles of Colombian law.
Following the trial, the parties involved can appeal the verdict if they believe that legal errors occurred during the proceedings or if they disagree with the judgment. Appeals are typically directed to the higher courts, such as the Court of Appeals or the Supreme Court, depending on the nature and severity of the case.
It is essential to note that the Colombian legal system places great importance on the principle of due process, ensuring that all individuals involved in a case are treated fairly and granted their fundamental rights. Additionally, throughout the legal process, all parties are expected to comply with the established ethical standards to maintain the integrity of the legal system in Colombia.
In conclusion, the structure of a legal case in Colombia involves various stages, from the filing of a complaint to the trial and, if necessary, the appeal. The system aims to ensure fairness, transparency, and adherence to the rule of law for all parties involved in a legal dispute.
If you are victim or was accused, please contact us for further consultation.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
