What is a criminal complaint (denuncia) and how does it differ from a querella?

The complaint (denuncia) is the act by which you bring to the attention of the Attorney General's Office (Fiscalía) the possible commission of an offense subject to investigation ex officio, whereas the querella is the procedural prerequisite required for certain offenses in which criminal action is initiated only if the victim files it. The distinction matters because, in querella-based offenses, without a timely querella from the entitled party the proceeding cannot advance. It is advisable to review with a lawyer which category your case falls into, since the terms and the admissibility depend on it.

Am I obligated to report a crime, or is it a voluntary decision?

As a general rule, every person has the duty to report offenses they become aware of and that must be investigated ex officio. There are exceptions: no one is obligated to testify against themselves, their spouse, permanent companion, or relatives within the degrees set by law. If you have doubts about whether your case fits any exception, it is advisable to consult a lawyer before acting.

For which offenses is the victim's querella required for the Attorney General's Office (Fiscalía) to act?

The law sets out an exhaustive list of querella-based offenses, among them certain low-value offenses against property, personal injuries that do not exceed certain limits, slander and libel, and domestic violence in certain circumstances. In those cases, without the querella from the entitled party criminal action cannot be initiated and, moreover, the exhaustion of conciliation is usually required as a procedural prerequisite. Since the list changes with reforms, it is advisable to verify the specific situation with a lawyer.

Is there a deadline to file the complaint (denuncia) or the querella?

A complaint for offenses subject to investigation ex officio may be filed as long as the criminal action has not lapsed by limitation. The querella, by contrast, has an expiration term of six months counted, as a general rule, from when the victim becomes aware of the facts, with some special rules when that awareness comes later. Since the limitation periods depend on the offense and the penalty, it is advisable to review your case with a lawyer so as not to miss the opportunity to act.

Before whom and through what channels can I file a criminal complaint in Colombia?

The complaint is filed before the Attorney General's Office (Fiscalía General de la Nación) and may also be received through the National Police or other authorities with judicial police functions, which are obligated to forward it to the Fiscalía. Today there are in-person channels at the Immediate Response Units (URI) and service centers, as well as virtual mechanisms such as the ¡A Denunciar! portal for certain offenses. If you are not sure of the appropriate channel for your case, it is advisable to seek guidance from a lawyer, especially when there is a risk to your safety.

What information and evidence must I provide when filing a complaint?

The complaint must contain a detailed account of the facts, with the circumstances of time, manner, and place that you are aware of, and the information that allows the alleged perpetrators to be identified or individualized, if you have it. It is useful to provide from the outset the elements you have, such as documents, messages, photographs, videos, or witnesses, without tampering with them. To determine what material strengthens your case and how to present it, it is advisable to rely on a lawyer.

Can I file the complaint anonymously?

The law allows anonymous information to be received, but on its own it does not amount to a formal complaint nor is it sufficient to initiate criminal action; it serves as a guiding criterion for the authority to verify and, eventually, find other elements. There are also protection measures and identity confidentiality for victims and witnesses in situations of risk. If you fear for your safety, it is advisable to assess with a lawyer the best course and the protections available.

Does filing a complaint have any cost?

Filing a complaint before the Fiscalía or the Police does not require the payment of fees for the victim or the complainant, since access to the criminal justice system is not subject to that type of charge. Professional support is a different matter: the advice and representation of a lawyer who guides the complaint, structures the case, and follows up is a professional service. At Cafore we handle these matters on a fee basis, and the scope and conditions are agreed in advance.

What happens with my case once the complaint is filed?

After receiving the complaint, the Fiscalía conducts the inquiry to verify whether an offense actually occurred and who might be responsible; on that basis it decides whether to file charges, shelve the proceedings, or apply another figure provided for by law. Not every case advances to trial, as it depends on the elements gathered. It is advisable for a lawyer to follow up on the process and attend to any requirements that arise.

How long can a criminal investigation take?

There is no single duration, because it depends on the complexity of the case, the number of people involved, and the evidence to be gathered. The law sets maximum terms for some stages, such as the one the Fiscalía has to file an accusation or request dismissal after the filing of charges, but the total time varies from one proceeding to another and these terms may be affected by the reforms the legislator introduces. Your lawyer can advise you on the terms that apply today to your particular situation.

Can my case be shelved, and what can I do if that happens?

The Fiscalía may order the shelving of a case when it finds no grounds or circumstances that allow the existence of an offense to be established. That shelving is not always final: if new elements appear, the inquiry may be resumed, and the victim has mechanisms to challenge the decision. If your complaint was shelved, it is advisable to review with a lawyer whether there are grounds to request its reactivation or to resort to the corresponding review.

What happens if I am summoned to a conciliation before the proceeding continues?

In querella-based offenses, the law requires the exhaustion of conciliation as a procedural prerequisite before the Fiscalía continues the proceeding, a step that may take place before the prosecutor or at a conciliation center. If the parties reach an agreement and it is complied with, the matter may end; if there is no agreement or the agreement is breached, the proceeding continues. It is advisable to prepare that hearing with a lawyer, since whatever is agreed there has legal effects.

What rights do I have as a victim within the criminal proceeding?

As a victim, you have the right to be treated with dignity, to be informed about the proceedings, to take part in the process, and to have truth, justice, and full reparation taken into account. These rights can be exercised more effectively with legal representation that monitors the proceedings and participates in the hearings. It is advisable to define with a lawyer the timing and manner of asserting each one according to the stage of the process.

Is it a crime to report someone knowing they are innocent?

Yes. Reporting to the authorities a criminal act that has not been committed, or fabricating evidence to incriminate someone, may constitute offenses such as false reporting (falsa denuncia), false reporting against a specific person (falsa denuncia contra persona determinada), or procedural fraud (fraude procesal). For this reason, the report must be confined to facts that you know and can substantiate. If you have doubts about how to present your case without exposing yourself, it is advisable to seek advice from a lawyer before filing it.

Can I withdraw or drop a complaint I have already filed?

It depends on the type of offense. In offenses requiring a private complaint (querellables), withdrawal of the complaint (desistimiento de la querella) is usually allowed before a certain stage, which may lead to the termination of the matter; by contrast, in offenses prosecutable on the authorities' own initiative (investigables de oficio), the criminal action is not in the hands of the complainant, and the mere wish to withdraw the report does not stop the investigation. Since the consequences vary, it is advisable to assess with a lawyer whether withdrawal applies in your case and what effects it would have.

Do I need a lawyer to file the complaint?

Filing the report does not, in itself, require the presence of a lawyer, since the authority is obligated to receive it. However, having professional support helps to relate the facts properly, provide the relevant materials, follow up on the proceedings, and participate as a victim in the hearings, which may influence how the case develops. The advisability and scope of such counsel depend on the particulars of your situation.

Criminal Complaint in Colombia | What to do before reporting

CRIMINAL LAW

Crime is inherent in the reality of every society, and Colombian society is no exception. As a citizen, do you know how to act and what to do when faced with such a situation?

What is a criminal complaint?

It is the formal act by which a person informs the authorities that an offense has been committed. The Código de Procedimiento Penal (CPP) provides that "every person must report to the authorities the offenses of whose commission they are aware" (art. 67), and anyone may file it, not only the victim.

However, it does not always work the same way: there are important exceptions and differences. For example, no one is obligated to report against themselves, their spouse, partner, or relatives.

In addition, there are offenses that are not investigated ex officio but only at the victim's request —the so-called private-action or querellable offenses: in those cases the investigation and the trial usually begin only if the querella (the victim's formal complaint) is filed. The querella is subject to a time limit: it must be filed within the six (6) months following the commission of the punishable conduct (art. 73 CPP), except in cases of proven force majeure or fortuitous event.

Outside these situations, failing to report an offense when there is a duty to do so is punished by law. The Código Penal punishes the failure of a private individual to report: anyone who, knowing of the commission of extremely serious offenses such as genocide, enforced disappearance, torture, homicide, kidnapping or drug trafficking, fails without just cause to inform the authorities immediately, incurs imprisonment of three (3) to eight (8) years (CP art. 441). Also punished is anyone who, by reason of their position, occupation or activity, learns of the use of minors for the commission of offenses and fails to report it while having a legal duty to do so (CP art. 219B). On this point, the Corte Constitucional struck down the expression "de doce (12) años" ("aged twelve (12)") in article 441 —introduced by article 18 of Ley 1121 de 2006—, so that today the reinforced duty to report protects every minor under 18 (Sentencia C-853 de 2009).

Filing a criminal complaint is the first step for the State to investigate and sanction the commission of a crime. The complaint is the most used means to express knowledge

By reporting, the constitutional duty of the State to investigate and criminally prosecute the act is activated (CPP Art. 66). That is why it is crucial to draft it completely and truthfully: a

Art. 67 — Ley 906 de 2004 (Código de Procedimiento Penal)
Every person must report to the authorities the offenses of whose commission they are aware and which must be investigated ex officio.

The complaint may be filed orally, in writing, or even through electronic channels (CPP Article 69), provided it allows identification of the complainant. It must include precise information: the complainant's name (with ID), date and time of filing, and a clear, detailed account of the events that occurred.

For example, you may go to a Fiscalía (Prosecutor's Office) or a Comisaría, call the helplines (122, available 24/7), or use the "Denuncia Fácil" online platform on the Fiscalía website. Beyond the exception of the anonymous complaint, in every case the complainant must be duly identified (cédula or identity document) and must sign the written complaint; if they cannot sign, they may leave their fingerprint.

The official who receives the complaint will process it immediately, will record the information in the system (generating the NUNC) and will refer the case to the corresponding prosecutor.

Where to file a criminal complaint

Preferably before the Prosecutor General's Office (Fiscalía General de la Nación) — duty office or local prosecutor offices — or any National Police station that receives complaints.

Every Police Station and CAI has the obligation to receive the complaint and forward it to the Prosecutor's Office. The Prosecutor's Office and the Police operate 24 hours, year-round,

In addition, the Prosecutor's Office offers online channels that allow reporting without needing to travel.

Channel	How to access it	Availability
Fiscalía General — in-person office	Duty office or local Fiscalía offices	24 hours / 365 days
Policía Nacional — station or CAI	Any station or Comisaría	24 hours / 365 days
Line 122	Telephone call	24 hours / 365 days
Denuncia Fácil (online)	fiscalia.gov.co	Online

What the complaint must include so it is not weak

When drafting the complaint it is advisable to explain clearly what happened, how it happened and who was involved (if known). Recount the facts in chronological order and note specific dates and places; avoid speculation and be precise. Attach all the evidence or indications you have —contracts, receipts, photos, videos, messages, bank statements, medical reports, expert opinions and the names and telephone numbers of witnesses— because that makes it easier for the Fiscalía to verify what happened and to direct the investigation.

That is why it is usually very useful to have the representation of a lawyer for victims who can help you organize the information, identify the relevant evidence and draft the complaint properly; good support improves the quality of the complaint and, consequently, the direction the investigation will follow.

DOCUMENTS TO GATHER BEFORE FILING A COMPLAINT

Identity document (cédula or passport)
A written account of the facts in chronological order (dates, times, places)
Contracts, receipts or documents proving the relationship with the alleged perpetrator
Photos, videos or screenshots recording the incident
Relevant messages (SMS, WhatsApp, email)
Bank statements or proof of payment (in offenses against property)
Medical reports or expert opinions (in cases of injuries or damage to property)
Names, telephone numbers and address of possible witnesses

What happens after filing the complaint

If the person filing the complaint is not the victim, generally they do not become part of the criminal process and do not automatically have the right to receive notifications about the progress of the investigation.

Qué ocurre después de presentar una denuncia penal en Colombia

In contrast, when the person who reports is the victim, they do have procedural rights: they must be informed about the progress of the process, may submit evidence, and provide testimony. protective measures for domestic violence operates even in parallel with the criminal complaint before the Fiscalía. It is worth recalling that domestic violence is no longer an offense requiring a querella: since Ley 1542 de 2012 it is investigated ex officio, and neither conciliation nor withdrawal is available. Inasistencia alimentaria (the offense of withholding legally owed support) also ceased to require a querella and is prosecuted ex officio, but it retains a special treatment: Ley 1826 de 2017 brought it into the special abbreviated criminal procedure and, where the victim is an adult, it remains conciliable as a procedural prerequisite (arts. 74 and 522 CPP); where the victim is a minor, the law excludes the requirement of a querella (art. 74 CPP) and therefore conciliation is not available as a condition for investigating.

Additionally, the victim may have a lawyer to receive notifications, accompaniment, and ensure the protection of their rights during the investigation.

Sentencia C-209 de 2007 — Corte Constitucional (M.P. Manuel José Cepeda Espinosa)
The Corte Constitucional made clear that, in the Colombian adversarial criminal system, the victim does not have the status of party within the proceeding, but rather that of special intervener (interviniente especial). Under that status, the victim may exercise specific powers autonomously vis-à-vis the prosecutor —such as requesting the early taking of evidence before the juez de control de garantías (the judge who oversees constitutional guarantees at the pre-trial stage), requesting the disclosure of specific items of evidence, and going directly to the competent judge to request protection measures—. The Court based these powers on the fact that the victim's rights to truth, justice and full reparation are protected even in a system of adversarial character. C-209/2007 — the victim as a special intervener.

Reporting a crime is a citizen right and duty. Doing so clearly, completely, and honestly is essential for justice to act. Before reporting, inform yourself of your rights and gather evidence.

Act with responsibility, but without fear: provide truthful evidence and cooperate with the investigation. Remember that not reporting may also have legal consequences (Art. 67 CPP, Art. 219B and 441 of the Criminal Code).

Finally, file your complaint before the competent authority and keep the documentation (copies, evidence, NUNC number) in case it is required. The Prosecutor's Office is required to receive every well-founded complaint and to investigate it. By providing truthful and timely information, you will be contributing to the fight against crime and to the protection of victims' rights. criminal lawyers in Bogotá who will assess the nature of the act and guide the procedural strategy.

Legal sources on criminal complaints

The legal statements in this guide are supported by the following statutes and decisions, cited from their official source:

Law 906 of 2004 (Code of Criminal Procedure) — arts. 66 (ownership of the criminal action), 67 (duty to report), 68 (exemption from the duty to report), 69 (requirements of the complaint), 71 (legitimate complainant), 73 (lapse of the querella: six months from the commission of the conduct) and 74 (conducts requiring a querella). Official text — Función Pública.
Law 599 of 2000 (Criminal Code) — art. 441 (a private individual's failure to report: imprisonment of three to eight years), art. 219B (failure to report by a qualified subject in offenses against minors) and art. 435 (false reporting). Official text — Función Pública.
Law 1542 of 2012 — removed the querellable and dismissible nature of domestic violence (CP art. 229) and failure to provide support (CP art. 233). Official text — Función Pública.
Law 1826 of 2017 — created the special abbreviated criminal procedure and incorporated failure to provide support (CP art. 233), which remains prosecuted ex officio but retains its conciliable nature. Official text — Función Pública.
Constitutional Court, Judgment C-853 of 2009, M.P. Jorge Iván Palacio Palacio — struck down the expression "de doce (12) años" in art. 441 CP, introduced by art. 18 of Ley 1121 de 2006. Reporting Office — Constitutional Court.
Fiscalía General de la Nación — channels for filing complaints (line 122, virtual platform and in-person service). Where and how to file a complaint.