Expert Criminal Defense Lawyers in Colombia

Computer crime in Colombia, also known as cybercrime or electronic crime, refers to any illegal activity carried out through computer media or electronic communication networks. These crimes involve the improper use of information and communications technology for the purpose of committing fraud, damaging computer systems, stealing information, sabotage, among others. These actions are on the rise along with technological advances, as indicated by the portal Ámbito Jurídico: “In 2021, more than 48,000 complaints were registered for cybercrime, exceeding by 21% those filed in 2020, a year in which, in itself, there was a substantial increase in cybercrime due to the boom in the digital world that the pandemic brought about.” In Colombia, Law 1273 of 2003 added to the Penal Code a title referring to the protection of information and data, defining and punishing various types of computer crimes. ## Some of the main computer crimes in Colombia include: 1. **Abusive access to a computer system:** Consists of accessing, in an unauthorized manner, a computer system or part of it, with the purpose of obtaining, altering or destroying information contained in said system. 2. **Computer damage:** Refers to causing damage to a computer system, interrupting its operation, deleting or modifying information without authorization. 3. **Computer sabotage:** Involves altering or interfering with the normal operation of a computer system, whether of a public or private institution, with the intention of causing damage. 4. **Computer fraud:** Includes fraudulent activities carried out through electronic means, such as online fraud, identity theft or phishing, with the aim of obtaining illicit economic benefits. 5. **Child pornography:** The production, distribution, storage or possession of pornographic material involving minors is a serious computer crime punishable in Colombia. 6. **Computer forgery:** Consists of the alteration or falsification of electronic data, digital documents or online transactions, with the purpose of deceiving or harming third parties. 7. **Illegitimate obstruction of a computer system or telecommunication network:** This consists of obstructing the normal operation of or access to a computer system, the computer data contained therein, or a telecommunication network without being authorized to do so. 8. **Violation of personal data:** obtaining, compiling, subtracting, offering, selling, exchanging, sending, buying, intercepting, disclosing, modifying or using personal codes, personal data contained in files, archives, databases or similar means without being authorized to do so, for personal gain or for the benefit of a third party. ### Cybergraphy [ https://www.policia.gov.co/denuncia-virtual/delitos-informaticos#:\~:text=The%20reporting%20offenses%20are%20conduct,(Regulations%20on%20reporting%20offenses%20are%20conduct,(Regulations%20on%20reporting%20offenses%20are%20conduct,(Regulations%20on%20reporting%20offenses%20are%20conduct)). ](https://www.policia.gov.co/denuncia-virtual/delitos-informaticos#:~:text=Los%20delitos%20inform%C3%A1ticos%20son%20conductas,%28Normatividad%20sobre%20delitos%20inform%C3%A1ticos%29). <https://www.pymas.com.co/ideas-para-crecer/mundo-pyme/delitos-informaticos-colombia#:~:text=Acceder%20de%20manera%20abusiva%20a,algunos%20de%20los%20actos%20que> <https://www.policia.gov.co/denuncia-virtual/normatividad-delitos-informaticos> <https://www.colombialegalcorp.com/blog/que-son-los-delitos-informaticos-en-colombia/> <https://www.ambitojuridico.com/noticias/especiales/los-desafios-del-delito-informatico>

The criminal complaint in Colombia is a legal process used to inform the competent authorities of a possible crime. It is an important tool in the fight against crime and the maintenance of the rule of law in the country through the manifestation of knowledge by means of which a person informs the investigating body of a criminal act, with a detailed expression of the circumstances of time, manner and place that are known to him/her. In Colombia, anyone can report a crime to the competent authorities, whether as a victim, witness or simply an informed citizen. However, in view of the serious social, patrimonial, moral and legal implications that a criminal complaint may entail, the legislator has chosen to surround this declaration of knowledge with a series of requirements aimed at preserving the fundamental rights to honor and good name, to prevent reckless complaints, and to protect the jurisdictional apparatus from improper use. ## Process for filing a criminal complaint in Colombia The first parameter is that the facts must have the characteristics of a crime, without having to resort to evaluative aspects to determine this characteristic. The second parameter refers to the fact that the complaint must be duly grounded, that is to say, that there must be sufficient motives and circumstances to predicate the existence of the crime. The complaint may be filed with the Attorney General’s Office, the National Police or the corresponding judicial authority. It is important to bear in mind that the complaint can be presented verbally or in writing and is an act that implies voluntariness. In addition, no proxy is required to file. The criminal complaint process in Colombia begins with the filing of the complaint with the competent authorities. The report should include detailed information about the crime, such as date, place, perpetrators and available evidence. It is important to provide all available information to help the authorities investigate and prosecute those responsible. With the complaint must be enclosed the citizenship card or document with photograph together with all the documents that serve as proof. Once the complaint is filed, the competent authorities will review it and take the necessary steps to investigate the crime. This may include witness and victim interviews, evidence collection, forensic analysis and any other measures necessary to clarify the facts. If sufficient evidence is found, those responsible for the crime will be prosecuted and tried according to law. It is important to bear in mind that a criminal complaint in Colombia does not automatically guarantee the conviction of those responsible. ### In conclusion Criminal complaints in Colombia are an important process in the fight against crime and the maintenance of the rule of law in the country. It allows the competent authorities to investigate and prosecute those responsible for crimes, and can also help prevent future crimes. While the process can be long and complex, it is an important step in promoting justice in society. ### Cybergraphy: [ https://www.corteconstitucional.gov.co/relatoria/2005/C-1177-05.htm#:\~:text=The%20complaint%20in%20criminal%20matter%20and%20place%2C%20that%20contains%20it%20in%20criminal%20matter%20. ](https://www.corteconstitucional.gov.co/relatoria/2005/C-1177-05.htm#:~:text=La%20denuncia%20en%20materia%20penal,y%20lugar%2C%20que%20le%20consten). <https://www.juridicospenales.com/presentacion-denuncia-penal/> <https://www.colombia.com/actualidad/tramitologia/denuncia-penal.aspx>

The indictment hearing is a preliminary hearing that takes place before the judge for the control of guarantees, in which the Attorney General’s Office informs a person of his or her status as an accused when from the material evidence, physical evidence or legally obtained information it is possible to reasonably infer that the accused is the author of or a participant in the crime under investigation. If appropriate, the prosecutor may request at this time the imposition of the corresponding security measure, and is the first opportunity for the defendant to plead guilty to the charges and obtain a reduced sentence. The indictment hearing is a fundamental procedure within the criminal process in Colombia. The purpose of the hearing is to ensure that the accused has clear and complete knowledge of the charges against him, and that he is able to defend himself adequately throughout the criminal proceedings. ## What is done during the indictment hearing? During the indictment hearing, the prosecutor must clearly explain to the judge the charges against the accused, based on the evidence and information gathered during the investigation. The defendant has the right to be present at the hearing, receive detailed information about the charges and have the opportunity to respond to the accusations against him/her. In some cases, the defendant may be represented by a defense attorney. The importance of the indictment hearing is that it is the first step in ensuring that the criminal process is conducted in a fair and equitable manner. It allows the Prosecutor’s Office to formally file charges against the accused, which initiates the criminal trial stage. It is also a mechanism to guarantee the rights of the accused, since he/she has the opportunity to know the charges against him/her and to present his/her version of the facts before a judge. If the judge determines that there is sufficient evidence to sustain the charges, the accused will be formally charged and will proceed to the next stage of the criminal process. If, on the other hand, the judge determines that there is insufficient evidence to sustain the charges, the case may be terminated at that point or additional charges may be allowed to be filed with new evidence. ### In conclusion The indictment hearing is a crucial stage of the criminal process in Colombia, the purpose of which is to formally charge an accused person and, in this sense, to ensure that the criminal process is conducted in a fair and transparent manner. In addition, it allows the defendant to have access to the information necessary to adequately prepare his or her defense. The indictment hearing is a fundamental right of the accused and its compliance is essential for the protection of human rights and constitutional guarantees in Colombia. ### Cybergraphy <https://www.colombialegalcorp.com/blog/que-es-la-formulacion-de-imputacion-de-cargos/> <https://cortesuprema.gov.co/corte/wp-content/uploads/relatorias/pe/spa/NATURALEZA.pdf> <https://www.fiscalia.gov.co/colombia/wp-content/uploads/2012/01/EstructuradelProcesoPenalAcusatorio.pdf> <https://tribunalsuperiordecucuta.gov.co/wp-content/uploads/2021/04/MOPA-17-Audiencia-de-formulacion-de-imputacion.pdf>

When talking about punishment, deprivation of liberty is perhaps the most severe punishment that can be offered, but in Colombia, as a social state based on the rule of law, it cannot be forgotten that the main purpose is to be able to reintegrate people who have been punished into society. As mentioned by Justice Antonio José Lizarazo, “during the execution of sentences, the search for the resocialization of the offender must predominate…” It also states that “imprisonment or intramural punishment cannot be considered as the only way of executing the sanction imposed on the convicted person”. That is why there are other preventive measures that allow for the fulfillment of the sentence and, in turn, social reintegration. On this occasion we would like to talk about parole, what it is, how it can be accessed and what obligations the convicted person has if he/she accesses this modality. ## What is parole in Colombia? Parole is an alternative to serving a punishment of deprivation of liberty (such as prison or house arrest) granted by the competent judge so that, as its name indicates, you can be outside a prison or your home, but at the same time you must follow a series of obligations in order to serve your sentence. Everything related to parole is enshrined in articles 63 to 68 of the Colombian penal code. ## How can I access parole in Colombia? Pursuant to **[article 64](http://leyes.co/codigo%5Fpenal/64.htm)** of the Colombian penal code, it will be the judge who, by prior evaluation of the act that led to the conviction, and, in addition, if the convicted person meets certain requirements, may grant him/her conditional release. These requirements are: * That the person has served three-fifths (3/5) of the sentence. * During your stay in the detention center, you have demonstrated good behavior and performance. * Demonstrates family and social roots. As mentioned above, it will be the judge who, analyzing the case and verifying that the convicted person has complied with the three conditions above, will grant parole. This does not mean that the convicted person has been acquitted of the charges; he must still answer for his actions and fulfill specific obligations. This article also mentions that the remaining time of the sentence will be taken as a probationary period, and if such time is less than 3 years, the judge may increase the probationary period up to another year if deemed necessary. ## What are the obligations of a person granted parole in Colombia? Previously, we mentioned that, even with parole, the convicted person must comply with specific obligations in order to be able to enjoy this modality. [ **Article 65 of the Colombian Penal Code** ](http://leyes.co/codigo%5Fpenal/65.htm) of the Colombian penal code: * Report any change of residence. * Observing good conduct. * To repair the damages caused by the crime, unless it is proven that he/she is financially unable to do so. * Appear in person before the judicial authority that oversees the execution of the sentence. * Not to leave the country without prior authorization from the official overseeing the execution of the sentence. The rule is very strict and clear: if any of the obligations mentioned above are not fulfilled, the benefit of parole will be revoked and the prisoner will have to return to the penitentiary center to serve his sentence ([ **Article 66** ](http://leyes.co/codigo%5Fpenal/66.htm)). ## Special cases There is a special case in which the convicted person may be granted a benefit and this is when he/she has a very serious illness that makes it impossible for him/her to serve his/her sentence in the penitentiary center. A specialized medical examiner will perform the appropriate examinations and will confirm or not that the convicted person has a serious illness, so that he can serve his sentence at home or in a hospital, as determined by the judge. The National Penitentiary and Prison Institute (INPEC) will be responsible for assigning such a place if the sentence is served in a hospital. If the convicted person wishes to serve his sentence in a specific hospital, he may do so, but the costs will be borne by him. The judge will order periodic examinations to observe the evolution of the disease: * If the disease evolved to a condition in which treatment can be performed inside the prison, the benefit will be recovered. * If after the time of the sentence, the person does not show improvement, the sentence will be suspended and the person will obtain absolute freedom. ## In conclusion Parole is a benefit and an alternative tool to serving the sentence that reinforces the resocializing purpose sought by the Colombian justice system. At Servicio Legal, your online legal support, we specialize in criminal law and can advise you on parole and how to apply for it if necessary. ### [Contact us through our website if you want to know more about this topic.](https://serviciolegal.com.co/contact/?lang=en)