What is release on expiration of terms?

Freedom Due to Lapse of Time in Colombia

On previous occasions, we have discussed the issue of freedom in Colombia, the existence of protection mechanisms when it is believed that it is being deprived, and also alternatives to the fulfillment of sentences that benefit the convicted.

Following this thread on freedom, we want to discuss this time the freedom due to lapse of time, a somewhat controversial guarantee that seeks to grant freedom to Colombians under certain conditions.

What is freedom due to lapse of time?

Any person under investigation has the right to have their legal situation resolved, that is, to be declared innocent or guilty as soon as possible. In theory, it sounds simple, but the reality is different.

With a judicial system like Colombia's, which is so congested due to the immense number of cases and the large number of preventive detentions, the law, always seeking to benefit the people, designed the mechanism of freedom due to lapse of time.

This mechanism grants freedom to a person or group of people who have been deprived of their freedom preventively for a certain amount of time, while the due legal process is carried out against them, but said process fails to resolve the situation of the accused.

The biggest problem with this guarantee is that it ends up being fulfilled due to the lack of competent personnel who can intervene in the cases, according to the statistics presented by the Corporación Excelencia en Justicia for 2017 "…in the country there were 11.2 judges per 100,000 inhabitants, as well as 10 prosecutors and 9 defenders, for that same number of people".

When can freedom due to lapse of time be applied?

Freedom due to lapse of time is regulated in Article 317 of the Code of Criminal Procedure; this article specifies the cases in which freedom is granted to the accused or defendant:

1. When sixty (60) days have elapsed from the date of imputation, the indictment has not been filed or preclusion has not been requested, in accordance with the provisions of Article 294.
2. When one hundred and twenty (120) days have elapsed from the date of filing the indictment, the trial hearing has not begun.
3. When one hundred and fifty (150) days have elapsed from the start of the trial hearing, the judgment reading hearing or its equivalent has not been held.

Extension of Deadlines

The same article also specifies that these times will be increased by the same initial term when "the process is carried out before specialized criminal justice, or there are three (3) or more defendants or accused, or it is an investigation or trial of acts of corruption as provided for in Law 1474 of 2011 or any of the conduct provided for in Title IV of Book Two of Law 599 of 2000”.

As you can see, freedom due to lapse of time is another of the guarantees that Colombians have to protect their freedom; although it is a guarantee that still presents failures, due to the limited capacity to resolve cases, a more concrete definition is still needed from Congress.

At Servicio Legal, we are experts in criminal law, and we can verify the lapse of time to help you request freedom due to lapse of time; if you wish to know more about our services and wish to schedule an appointment, you can contact us by clicking here.