Victims’ rights in the Colombian criminal process

Who are considered victims?

Victims are understood to be natural and legal persons who, individually or collectively, have suffered harm as a result of a crime. To begin the process, it may be helpful to learn about Filing a criminal complaint in Colombia.

What can I do as a victim in a criminal process?

In Law 906 of 2004, unlike its predecessors, the victim plays a preponderant role in the criminal process. They are not only entitled to compensation but also to truth and justice, leading to a series of other rights, such as:

• To be heard.
• To be facilitated in providing evidence.
• To the guarantee of their safety, that of their family members, and witnesses in their favor.
• To receive comprehensive assistance for their recovery.
• To have their interests considered before any relevant decision is made in the process.
• To be assisted in their participation during the trial and during the incident of integral reparation.
• To be informed about any action they can take and the rights they have.
• To be notified of proceedings and hearings.
• To initiate a Claim process to seek compensation for damages suffered.

In exercising these rights, during the trial phase, you can:

1. Request the decree of precautionary measures on the assets of the accused for the purpose of compensating for damages caused by the crime.
2. Request the judge, through the prosecutor:
   • The restitution of assets recovered from the crime.
   • Authorization for the use and enjoyment of assets recovered from the crime, provided they were acquired in good faith.
   • The recognition of provisional aid charged to the victim compensation fund.
3. Request, by themselves or through the prosecutor, the necessary measures for their care and protection.
4. Demand to be informed of any decision made regarding the prosecution of the crime.
5. Request legal representation for their intervention from the preparatory hearing onwards.
6. Accept or refuse to mediate with the defendant. For more information on this process, consult Conciliation in criminal matters in Colombia.
7. Request means of evidence from the judge, by themselves or through the prosecutor.
8. Present arguments regarding the defendant's responsibility.
9. File appeals against any action to which they are entitled.

Furthermore, subsequently, and if criminal responsibility is declared, you can initiate an incident of integral reparation, where you can:

1. Request the applicable precautionary measures.
2. Request the summons of the insurer or third party civilly liable, that is, whoever is legally liable for the damages caused by the conduct of the convicted person, even if they are not criminally liable.
3. Mediate or conciliate, or choose not to. You can consult What is conciliation in Colombia? to better understand this mechanism.
4. File appeals against any action to which they are entitled.
5. In general, to any action to which they would be entitled as a plaintiff in a civil process.

Reminder

Remember that, from the preparatory hearing in Colombia, to claim the victims' rights to which you can access, you will require the representation of a lawyer.

At Servicio Legal, we have expert lawyers in criminal law ready to represent you as a victim and uphold your rights.

If you require legal advice, we invite you to contact us through our website.