Before reporting: Practical guide on what to do and how to file a criminal complaint correctly

The complaint may be filed by the victim or by any other person who has knowledge of the act, and does not require complex procedures; it suffices to clearly communicate what occurred.

In procedural terms, a witness's failure to file a complaint does not constitute a crime. However, making a false report (fabricating crimes or accusing someone of a crime knowing it did not occur) is itself a crime. The Criminal Code classifies such conduct as slander or perjury (arts. 220-221, 442 and related provisions). false complaint (article 435 and, when the complaint is made against a specific person known to be innocent, article 436); the calumnia (article 221), when a person is publicly imputed a false criminal conduct; and falso testimonio (article 442), when the statement is given under oath before a competent authority.

It is not a mandatory requirement to have a lawyer to file a criminal complaint: any person may go directly to the Prosecutor's Office or a Police station and file the complaint. However, when it is advisable to consult a criminal-defense attorney, it is worth identifying them before the case advances to charging or to the preparatory hearing.

Not all crimes can be freely reported by just anyone. In some cases, the law requires the victim (or their legal representative) to file a private complaint in order to initiate criminal proceedings. These are known as offenses subject to private complaint or private-action offenses. In other words, if the facts are of this type, the Prosecutor's Office cannot open an investigation based solely on a third party's report: the victim's express will is required for the proceedings to move forward. complaint-based crimes (querellables). It is worth noting that doctrine and the Criminal Procedure Code distinguish between complaint-requiring crimes (whose action is public but requires a party complaint to start) and non-complaint crimes (which can be reported by anyone).

The Criminal Procedure Code (Art. 74) indicates which those crimes are. In general, they are considered less serious conduct or that mainly affects private interests, such as personal injury.

It is important to keep in mind that the querella must be filed within six months following the commission of the act (Art. 73 CPP). If the victim does not do so within that period, the right to initiate

In contrast, non-complaint-based crimes, also called public-action crimes, may be reported at any time (as long as the criminal action has not prescribed), and the Prosecutor's Office may investigate even

In sum, while a criminal complaint may be filed by any person who has knowledge of a public-action offense, a private criminal complaint (querella) is a step that only the victim can take in offenses subject to private or semi-private action. For this reason, before going to report, it is advisable to seek counsel to determine whether the facts are subject to private complaint, since the opening of the investigation depends on it.

And the special petition, which is the route to initiate criminal action for crimes committed abroad under certain conditions (CPP Art. 75). It is processed by the Attorney General at the request of the authorities.

In general, there is no single fixed deadline to file a criminal complaint before the Prosecutor's Office, since many crimes are public-action and the law does not impose an explicit term to report them. However,

The Colombian Criminal Code provides that crimes whose penalty is not deprivation of liberty prescribe in five years. In other cases, prescription periods depend on the seriousness of the crime,

Furthermore, for complaint-based crimes there is a deadline of expiration: the querella must be filed within six (6) months following the commission of the punishable conduct.

For public crimes, there is no fixed 'expiration' deadline to report (general criminal prescription does exist as provided in the Criminal Code); however, the more time passes, the more difficult it becomes.

Once the complaint is filed, it cannot simply be 'withdrawn' because criminal action is public. The prosecutor has the obligation to investigate regardless of the complainant's will.

Solo en los complaint-based crimes (querellables) (article 74 of the Criminal Procedure Code) the victim who filed the private complaint may withdraw from the proceeding. The CPP allows this: at any time before the oral trial hearing.

But this is different from the complaint: the complainant in a public process does not have that option.

In principle, a criminal act may be reported without revealing personal data (e.g., via internet or telephone lines). However, the law warns that 'anonymous writings that do not provide

Reporting something knowing it is a lie is a crime. As mentioned, false reporting may constitute the crime of false complaint (article 435 of the Criminal Code) or, when it is made against a specific person knowing their innocence, the offense of false complaint against a specific person (article 436). If the false attribution of criminal conduct is made publicly, it may constitute calumnia (article 221). If the statement is given under oath before a competent authority, it could also constitute falso testimonio (article 442). In any case, whoever invents a crime or unjustly accuses another will face fines or imprisonment depending on the case.

In addition, the warning act at the police station makes clear that criminal punishment is provided for those who report falsely.

If the Prosecutor's Office reviews the case and finds there is no sufficient evidence (nor proof of the reported facts), the archiving of the investigation will be requested. This means the case is indefinitely suspended.

However, archiving is not a judgment against the complainant; it simply reflects that the crime could not be proven. If new elements later appear, the Prosecutor's Office may reopen the case.