Questioning at the Fiscalía: 7 urgent steps to protect yourself
Questioning at the Fiscalía (Colombia's Prosecutor's Office): what to prepare, what not to say under pressure, and when to call a criminal lawyer before you attend.
Early criminal defense
Have you received a summons to questioning? Before you answer, it is worth reviewing the summons, your procedural capacity, the documents and the personal or business risk.Corporate Criminal Law
Receiving a summons to the Fiscalía General de la Nación (Colombia's Prosecutor's Office) can be the most disorienting moment in a person's life or in an executive's schedule. Most people do not know whether they must go, what to say, what to keep quiet about or what rights they have. That uncertainty, more than the facts themselves, is usually the first mistake.
This guide answers that question before you go into any proceeding: in Colombia, questioning before the Fiscalía is not an informal chat. It is a formal proceeding governed by Ley 906 de 2004 (Código de Procedimiento Penal), with specific rights that the law grants you and with real consequences if you are unaware of them. For a natural person, what you say can determine whether the investigation moves forward or stops; for an executive or legal representative, it can put reputation, the company, corporate governance and liberty at risk.
The 7 steps set out here are not opinions: they are anchored in the statute. Article 8 of the Código de Procedimiento Penal recognizes twelve guarantees for the imputado (a person formally charged), among them the right not to incriminate oneself, the right to a lawyer of your own choosing and the prohibition on using silence as evidence of guilt. Article 66 of the same code provides that the Fiscalía's investigation is mandatory, not discretionary. And article 317 sets the time limits within which a person may be held in custody, with grounds for release when those time limits expire. Knowing that legal architecture is the difference between acting with a strategy and reacting on instinct.
In briefThe most important distinction before any proceeding: you may be summoned as a witness, as a a victim or as imputado or indiciado. Each procedural capacity carries completely different obligations and rights. If you do not know in what capacity you are appearing, that is the first point you must clear up before going into the proceeding. The answer to that question changes everything that follows.
The question that changes everything
Witness, victim or imputado: why that distinction comes first
The most frequent mistake on receiving a summons from the Fiscalía is to assume that all summonses are alike. They are not. Before preparing what you are going to say, before selecting documents, before even talking to your family, you need to know in what procedural capacity you are being called. That single answer determines whether you are required to testify, whether you may remain silent, whether you have the right to a lawyer from the outset and what procedural risks you face if you speak without a strategy.
Ley 906 de 2004 distinguishes these capacities precisely. The witness is the person who saw or knows facts relevant to an investigation; they are required to appear and, in principle, to tell the truth, although the Constitución Nacional (article 33) protects anyone who might incriminate themselves or implicate a close relative (C-782/2005, CC). The a victim has rights of their own within the proceedings: truth, justice and reparation, as well as access to the information in the case file. The imputado or indiciado, on the other hand, enjoys the full system of guarantees of article 8 of the CPP: they are not required to testify against themselves, they have the right to a lawyer of their own choosing or a court-appointed defender, and their silence cannot be interpreted as evidence of guilt.
The most dangerous confusion arises when someone arrives at the Fiscalía believing they are going as a witness and ends up answering questions that directly incriminate them. The summons does not always state the capacity with enough precision, and the Fiscalía may have a case file that is further advanced than the summons suggests. That is why the first step in any preparation is to verify the procedural capacity, and the second is to consult a criminal defense lawyer before answering a single question.
| Type of summons | Who issues it | Duty to attend | Duty to testify | Right to a lawyer from the outset |
|---|---|---|---|---|
| Summons as a witness | Fiscalía, policía judicial, judge | Yes, on pain of sanction | In principle yes, except where there is a risk of self-incrimination (art. 33 Const.) | May attend with a lawyer; it is not always mandatory |
| Summons as a victim | Fiscalía or juez de control de garantías (the judge who oversees constitutional guarantees at the pre-trial stage) | Yes | May testify; has the right to take part and to information about the proceedings | Yes, has the right to legal representation |
| Summons as an imputado or indiciado | Fiscalía | Yes, unless a justified request for postponement is made | No. Right to remain silent (art. 8 CPP); silence is not evidence of guilt | Yes; it is a right that cannot be waived without legal advice (art. 8 CPP) |
| Formal imputación proceeding | Juez de control de garantías (not the Fiscalía) | Yes — it is a separate procedural act | No. The imputación is notice of a procedural capacity, not questioning | Yes, with mandatory presence of defense counsel |
The formal imputación is a different act from questioning at the Fiscalía
It is important not to confuse questioning before the Fiscalía with the audiencia de formulación de imputación. Under article 286 of the Código de Procedimiento Penal (Ley 906 de 2004), the formulación de la imputación is the act by which the Fiscalía informs a person of their status as an imputado, and that act takes place before the juez de control de garantías, not at the Fiscalía's premises. If you are told that you are going to an "audiencia de imputación" at the Fiscalía, something does not add up: the formal imputación is a judicial hearing, with a judge present. The questioning of an indiciado (a person under investigation who has not yet been formally charged), by contrast, does take place at the Fiscalía, and its rules are different.
Ley 906 de 2004 →The heart of the article
The 7 urgent steps to protect yourself before and during the questioning
These seven steps do not replace the advice of a criminal defense lawyer, but they do represent the logical order of any prudent response to a summons from the Fiscalía. They are framed for natural persons, executives and legal representatives alike, with the variations each scenario requires.
The statute you need to know
Article 8 of the CPP: twelve guarantees the Fiscalía cannot ignore
Article 8 of Ley 906 de 2004 is the most relevant provision for anyone facing questioning at the Fiscalía as an imputado or as an indiciado. It is not a statement of principles; it is a catalog of enforceable procedural rights. Knowing them is not optional: not knowing them can lead to waiving guarantees that the law protects (C-591/2005, CC).
The article recognizes twelve specific rights of the imputado, summarized below:
- No self-incrimination: no one is required to testify against themselves. It is the most important right in any questioning.
- A lawyer of your own choosing or a court-appointed defender: the imputado has the right to legal representation from the start of the investigation, without exception.
- Confidential communication with your lawyer: the imputado may speak with their defense counsel in private, before any authority puts questions to them, and that communication is inviolable.
- Knowledge of the charges: the Fiscalía must inform the imputado, clearly and understandably, of the acts attributed to them, including the circumstances of time, manner and place.
- Reasonable time and means for the defense: the imputado has the right to sufficient time and adequate means to prepare their defense.
- Evidentiary rights: they may request, examine and challenge the evidentiary material and physical evidence held against them.
- A public, oral and adversarial trial: if the case goes to trial, the imputado has the right for it to be public and oral, with the possibility of cross-examining the prosecution witnesses.
- Silence is not evidence of guilt: the law expressly prohibits the imputado's silence from being used as an indication of criminal responsibility.
- Assistance of an interpreter: if the imputado does not speak Spanish or has a hearing or speech disability, they have the right to free translation or interpretation services.
- Confidentiality in negotiations: if preacuerdo or negotiation talks take place between the imputado and the Fiscalía, those communications are confidential.
- Restriction on waiving rights: some of these rights can be validly waived only where the imputado has legal advice; a waiver made without a lawyer may be open to challenge.
The Fiscalía's investigation is mandatory, not optional
Article 66 of Ley 906 de 2004 provides that the State, through the Fiscalía General de la Nación, has the duty to bring the criminal action and to investigate acts constituting punishable conduct, of its own motion or upon a complaint, a querella (the victim's formal complaint) or by other means. The Fiscalía may not suspend, interrupt or waive criminal prosecution, except in the cases where the law authorizes the principio de oportunidad (the prosecutor's discretionary power to drop the case), under the supervision of the juez de garantías. This means that if the Fiscalía summons you, it is because an active noticia criminal (the report that starts the case) and an ongoing investigation already exist. It is not an exploratory conversation; it is a proceeding within a real case.
Text of Ley 906 de 2004 →The time limits that protect your liberty
Article 317 of the CPP: the grounds for release your lawyer must watch
One of the most expensive mistakes in a criminal case is ignoring the time limits. Article 317 of Ley 906 de 2004 provides that the release of the imputado or of the accused must be granted immediately whenever any of the grounds set out in the statute arises, among them the expiry of the procedural time limits. The defense must actively monitor these time limits from day one.
| Ground for release (art. 317 CPP) | Deadline | When the count starts | Note |
|---|---|---|---|
| No accusation filed | 60 days | From the imputación | If the Fiscalía does not file the accusation within that period, release is available |
| No oral trial started | 120 days | From the accusation | The trial must begin within that period or release is available |
| No judgment read out | 150 days | From the start of the oral trial | The judgment must be handed down within that period or release is available |
| Acquittal or preclusión | Immediate | When the decision is handed down | Release must be carried out immediately |
| Principio de oportunidad approved | Immediate | When it is approved by the juez de garantías | It applies subject to the judge's review of legality |
The time limits double in cases before the specialized courts, where there are multiple imputados, or where corruption offenses are involved. Days lost through delays attributable to the accused or to their defense counsel are not counted. Your lawyer must keep a precise record of these time limits, because the Fiscalía and the courts do not always do so of their own motion, and the right to release only materializes when someone actively exercises it.
What makes the defense harder
Common mistakes that worsen the situation before you go into the proceeding
Most mistakes in questioning before the Fiscalía do not happen inside the proceeding: they happen before it. They are decisions taken under pressure, out of misinformation, or in the belief that cooperating without a strategy reduces the risk. The table below sets out the most common ones, their consequence and the correct alternative course.
| Common mistake | Possible consequence | What to do instead |
|---|---|---|
| Attending without a lawyer because "I have nothing to hide" | Waiving procedural guarantees that cannot be waived, without legal advice; testifying against yourself without realizing it | Always attend with a lawyer of your own choosing or a court-appointed defender (art. 8 CPP) |
| Deleting messages, emails or files before the proceeding | It may be read as destruction of evidence and worsen your procedural position | Preserve and organize all the information; delete nothing without first taking advice |
| Going in to "get it over with quickly" and saying too much | Incomplete or hurried answers that look like contradictions; opening unnecessary lines of investigation | Take the time to prepare the answers with your lawyer; brevity is not suspicious when it is deliberate |
| Bringing documents that nobody formally requested | Adding unrequested evidence to the case file; widening the scope of the questioning | Hand over only what was requested in writing and on a legal basis |
| Signing the acta or other documents without reading them | Waiving rights that the law allows you to give up only with legal advice | Read everything and consult your lawyer before signing anything |
| Not asking in what capacity you are being summoned | Answering as a witness when the Fiscalía is treating you as an indiciado, losing fundamental protections | Verify your procedural capacity before answering the first question |
| Discussing the case with colleagues or family, or on social media | Creating conflicting versions; leaking information that reaches the case file by indirect routes | Discuss the case only with your lawyer, under professional privilege |
Before you leave home
A 10-point checklist before you go to the Fiscalía
Use this list as a pre-check. Every point left unresolved is a risk you carry with you into the proceeding. Check them off as you verify them with your lawyer.
- You have read the summons in full: the radicado, the issuing office, the date, the time, the procedural capacity in which you are summoned and the name of the prosecutor or official in charge.
- You know in what capacity you are appearing: witness, victim, indiciado or imputado. If you do not know, your lawyer must find out before the proceeding.
- You have appointed a lawyer of your own choosing: not improvised, not "a friend who knows some law". A criminal defense lawyer who already knows the facts and has reviewed the summons.
- You have spoken with your lawyer in private before the proceeding: no witnesses, not on a relative's phone, not on speakerphone. Confidential communication is part of the right (art. 8 CPP).
- You have preserved and organized all the relevant documents: complete chats, emails, contracts, records, payment receipts. Nothing deleted, nothing altered, no excerpts picked out.
- You will not bring documents that were not formally requested from you: you have reviewed with your lawyer what you are taking and what you are not, and you are clear on the basis for each item you hand over.
- You know you may remain silent if you are an imputado: and you know that this silence cannot be used as evidence of guilt (art. 8 CPP).
- You will delete nothing before or after the proceeding: no messages, no emails, no files. If you have a doubt about a document, you take it to your lawyer; you do not delete it.
- You are clear on what not to say: some questions are best answered precisely, others with reserve and others with silence. Your lawyer should have guided you on which is which in your particular case.
- You will document the proceeding as you leave: who was present, what was asked, what you answered, what documents you were shown or given. In writing, as soon as you leave the Fiscalía.
Depending on the context
Common scenarios and how to prepare according to the type of case
Not all summonses to the Fiscalía come from the same type of conflict, nor do they carry the same level of risk. The context of the case determines which documents are relevant, which questions are foreseeable and which fronts must be covered at the same time. The scenarios below group together the most common ones.
| Scenario | Main risk | Priority preparation |
|---|---|---|
| Conflict involving a couple, the family or a former business partner | Answering from emotion; admitting facts without context or proportion | A verifiable chronology with dates, complete chats, earlier agreements and direct witnesses |
| A case involving a company, contracts or payments | Mixing corporate decisions with improvised personal explanations | Review minutes, contracts, approval emails, the chain of command and the compliance policy |
| A fight, a threat or personal injury | Playing down what happened or overstating self-defense without supporting evidence | Separate the initial aggression, proportionality and objective evidence (camera footage, witnesses, medical records) |
| A case involving property, personal wealth or assets | Leaving the origin or the flow of the assets unexplained | Document the origin, transfers, deeds, bank statements and earlier tax returns |
| An executive or legal representative summoned over business decisions | Answering as if all the decisions had been personal when they were collective, delegated or based on professional advice | Identify board minutes, powers of attorney, job-description manuals, internal approvals and earlier audits |
| A case involving employees or former employees | That the employee's account shapes the Fiscalía's hypothesis unchallenged | Review employment contracts, emails, written warnings, internal policies and the digital chain of custody |
For executives and legal representatives
When the questioning touches a company: what is really at stake
For an executive, legal representative, founder, board member or finance manager, questioning at the Fiscalía is rarely confined to the criminal question. It can affect contracts under way, banking relationships, negotiations with shareholders, compliance reporting, directors and officers (D&O) insurance and the team's confidence. The criminal defense of an executive is also a matter of corporate governance.
The first distinction the summoned executive must be clear about is the one between personal liability and corporate traceability. The Colombian Código Penal (article 29) provides that a person who acts as a member or representative body of a legal entity may be a principal in the offense, even where the special elements of the statutory offense are present not in that person but in the company. This means the Fiscalía may charge the manager even though the conduct was "the company's": the point is whether that person knew of the acts, approved them, carried them out, or had a duty to prevent them and did not. That is why an executive's preparation cannot be limited to recalling facts: it must cover what was delegated, what was approved in the minutes, what controls existed and what information did or did not reach the position.
The second distinction is the one between the defense of the executive and the defense of the company. They are not always the same. If there is a risk that the interests of the company and of the executive diverge (because other shareholders, executives or employees are also involved), a conflict of interest may arise that prevents one and the same lawyer from defending everyone. That assessment must be made before the first proceeding, not after.
| Front | Key question for the executive | Documents that tend to be decisive |
|---|---|---|
| Criminal front | Can the decision at issue be read as deceit, criminal breach of trust, misappropriation, forgery, disloyal management or money laundering? | Contracts, board minutes, powers of attorney, approval emails, payment records, decision matrix |
| Corporate front | Was the action authorized by the board, the shareholders' meeting, the bylaws or an internal delegation? Are there minutes proving it? | Shareholders' meeting minutes, bylaws, job-description manuals, formal approvals, declared conflicts of interest |
| Compliance front | Did the company have reasonable controls? Was there a SAGRILAFT or PTEE policy? Was it applied in this particular case? | Compliance manual, customer due diligence, internal alerts, reports and control policies |
| Reputational front | What message will shareholders, clients, banks and employees receive if the summons leaks? | Communications protocol, a designated spokesperson, a record of earlier decisions |
| Employment front | Are there employees or former employees involved who may have different accounts? | Employment contracts, emails, written warnings, internal policies, digital chain of custody |
Act with order, not with panic
A 48-hour protocol for executives who receive a summons
When an executive receives a summons to questioning at the Fiscalía, the company should not react with scattered phone calls or with unrecorded meetings. The prudent course is to activate a short, discreet and documented protocol. These are the actions that should take place in the first 48 hours:
- Centralize the information in a single person. A trusted person, other than the summoned executive, should gather the relevant documents in order to avoid parallel versions or loss of evidence.
- Freeze the routine destruction of information. Suspend automatic deletion of emails, corporate chats and folders related to the case until the lawyer says otherwise.
- Keep legal advice separate from operational conversation. The legal assessment must not be mixed with corridor discussions, informal chats or unsupervised meetings. What is said informally can reach the wrong ears.
- Identify the internal witnesses without coaching them. Establish which people inside the company know the relevant facts and where the supporting documents are. Do not tell them what to say or how. Any instruction may be read as obstruction.
- Assess conflicts of interest in the defense. The company's lawyer cannot always represent the executive where interests diverge. That assessment must happen before any proceeding, not after.
- Prepare a single, verifiable timeline. Facts, decisions, approvals, execution and subsequent communications, with documentary sources for each milestone. Not from memory.
- Define minimum communications to third parties. The board, shareholders, banks or employees should receive only information that is necessary, precise and non-speculative. Any premature communication can compromise the defense strategy.
Clearing up the picture
What questioning at the Fiscalía is not and cannot be
There are several common confusions about what can and cannot happen inside a proceeding at the Fiscalía. Clearing them up helps you arrive with the right expectations and without surprises that throw the strategy off balance.
- Questioning at the Fiscalía is not the formal audiencia de imputación. As article 286 of the CPP provides, the imputación takes place before the juez de control de garantías, not at the Fiscalía's premises. If someone tells you that you "are going to be made an imputado at the Fiscalía", there is a conceptual error: the imputación is a judicial act, not an administrative proceeding.
- The Fiscalía cannot convict you in that proceeding. Questioning is an investigative proceeding, not a trial. A conviction requires an accusation, an oral trial and a judgment by a judge. None of those steps happens at the Fiscalía during questioning.
- The prosecutor does not have to show you all the evidence. Under the Colombian adversarial system, the Fiscalía is not required to disclose during questioning the evidentiary material it has gathered. That happens at the accusation. This is why answering without knowing what the Fiscalía holds can be an expensive decision.
- You are not required to hand over your phone, your computer or your access passwords. Those items can be reached only through formal proceedings ordered by the competent authority and subject to judicial review, or with your free and informed consent. If you are asked during questioning for access to devices or accounts, consult your lawyer before authorizing anything.
- The company's lawyer does not always represent you. If the case involves corporate and personal interests that may diverge, you need your own lawyer. The company may have its own legal adviser, and that representation may not match your own best interest.
The evidence that builds the defense
Documents that can define your defense before the proceeding
Documentary order is not bureaucracy: it is the difference between a solid defense and one that improvises on memories. These are the types of documents that carry the most weight in questioning before the Fiscalía, with a note on how to handle them properly.
| Type of document | What it can prove | Precaution in handling it |
|---|---|---|
| Chats, emails and audio recordings | Actual communication, dates, agreements or threats | Keep the complete conversation, not isolated screenshots; save it with its metadata and source |
| Contracts, records and receipts | The legal relationship, payments, deliveries or obligations | Mark the versions in force, the annexes and the signature dates; do not submit drafts without making clear that they are drafts |
| Location or access records | Presence at or absence from a place at a specific moment | Do not extrapolate conclusions if the record only proves an approximate location |
| Minutes of the board, a committee or the shareholders' meeting | Formal authorization, deliberation, abstentions and declared conflicts of interest | Take the original document or a certified copy; do not summarize the minutes from memory or orally |
| Risk and compliance matrices | Controls applied, due diligence and internal alerts predating the event | Distinguish the policies that exist from the actions taken in the particular case; do not generalize |
| Tax returns, bank statements and deeds | Lawful origin of assets, money flows and ownership of property | Check that the returns and the transactions are consistent before handing them over |
The risk nobody measures
How to handle internal communications without making the problem worse
One of the most frequent sources of mistakes in corporate cases is not what is said at the Fiscalía but what is said internally while the proceeding is being prepared. WhatsApp messages between shareholders, unrecorded meetings and "strategy" emails that never went through the lawyer can become adverse evidence if they reach the case file by indirect routes.
A sound communications strategy separates three levels:
- Privileged legal communication with your lawyer: everything to do with the defense strategy must happen in that channel, under professional privilege. It is the only space where you can speak freely.
- Necessary operational communication: the bare minimum needed to preserve information, suspend the destruction of files and coordinate those who know the facts. With no instructions about what to say.
- Institutional communication to third parties: shareholders, banks, clients or employees should receive only information that is necessary, precise and non-speculative. Nothing that anticipates conclusions the Fiscalía has not yet established.
What must definitely not happen: messages along the lines of "everyone says the same thing", "delete that chat" or "that meeting never took place". Such instructions, besides being ethically wrong, may in themselves amount to conduct that worsens the procedural position of whoever sends them.
To assess the urgency
Risk traffic light: how urgent it is to prepare before you go
This traffic light does not measure guilt: it measures exposure and the need for a strategy. It is designed to help you decide how urgently you must act after receiving a summons from the Fiscalía.
What you must have settled
High-value questions that must be answered before you go in
These are the questions your lawyer must be able to answer for you before you go into the proceeding. If any remains unanswered, that is exactly what is still to be prepared.
- In what capacity am I appearing: witness, victim, indiciado or imputado? Is that capacity clear in the summons, or must I find it out beforehand?
- What is the radicado number of the investigation, and which office has it been assigned to?
- What are the facts the Fiscalía is investigating, and what is my connection with them?
- Is there a specific complaint? Who filed it, and when?
- Which questions are the most foreseeable, and how should I answer them, with what precision and within what limits?
- Are there documents I must bring? Which ones, and in what format?
- May I remain silent on any specific question, and how do I do that without it looking like evasion?
- Does the company's lawyer represent me, or is there a conflict of interest that calls for my own defense counsel?
- Are there procedural time limits the Fiscalía must observe and that my lawyer is already tracking?
- What do I do if, during the proceeding, I am asked a question I was not expecting and do not know how to answer?
What goes unnoticed
Silent mistakes that surface after the questioning
Some of the costliest mistakes in criminal proceedings do not happen during the questioning but after it. The proceeding ends, the person believes it went well and lets their guard down at exactly the moment when the proceedings continue.
- Failing to document what happened. If there is no record of what was asked and what was answered, you will not be able to contradict a different version of the acta should any discrepancy appear later on.
- Discussing the outcome with people other than your lawyer. The urge to tell people "how it went" can create versions that reach the case file by routes you did not anticipate.
- Believing that the proceeding closed the case. Questioning at the Fiscalía is a proceeding within an investigation, not a closure. The investigation may continue, widen or give rise to new proceedings.
- Ceasing to preserve relevant information. After the proceeding, the tendency is to "relax" about handling documents. Do not do so: the case file may move forward for months, and that information may still be relevant.
- Failing to track the time limits in article 317 of the CPP. If deprivation of liberty is involved, the 60-, 120- and 150-day time limits do not monitor themselves. Your lawyer must do so actively.
During the proceeding
What you may ask for and clarify within the proceeding
A summons to the Fiscalía does not turn you into a passive subject with no voice. Within the proceeding you have active rights that you may and should exercise. Knowing them allows you to take part with a strategy instead of reacting on instinct.
- You may ask to have the reason for the proceeding explained to you and in what capacity you are appearing, if the summons did not specify it.
- You may ask whether there is an active noticia criminal and what its radicado number is, so that your lawyer can follow the case file.
- You may ask for confusing questions to be clarified before you answer them. A question that mixes different facts, or that contains a false premise, does not have to be answered as though that premise were true.
- You may ask for a recess to consult your lawyer if questions come up during the proceeding that were not prepared for and that require legal guidance before you answer.
- You may ask for a copy of the acta of the proceeding once it has ended, so that you and your lawyer can check that what was recorded matches what actually happened.
- You may withhold your answer to specific questions if they are of a kind that could incriminate you, invoking article 8 of the CPP and article 33 of the Constitución. Exercising that right must be calm, clear and framed in the terms your lawyer has indicated to you.
Two fronts, one strategy
When a company is involved: separating the personal defense from the corporate one
When the questioning arises from facts connected with a company, the legal fronts multiply. What the executive says can affect not only their own position but that of the company, of other shareholders, of employees and of clients. That complexity calls for a strategy that attends at the same time to the individual criminal defense and to the institutional handling of the company.
There are two risks that must be identified from the outset. The first is the mixing of liabilities: the executive answers for what they did, not for what the company did in the abstract, but the line between the two can be blurred if the answers are not well calibrated. Article 29 of the Código Penal provides that a person who acts as the representative of a legal entity may be a principal in an offense even though the special elements of the statutory offense are present in the company and not in that person directly. That liability exists, but it also has limits that depend on what they knew, decided and could have prevented.
The second risk is the conflict of interest in the legal representation. If the company, the legal representative and other executives have different versions or different risks, having one and the same lawyer represent them all may harm one of them. That conflict must be assessed before the first proceeding, not after the problem is already visible. For cases where a company is involved, our page on corporate criminal law advice offers a starting point.
The time to act
When and why to call a criminal defense lawyer before going to the Fiscalía
The short answer: whenever there is doubt. But there are signals that make the consultation urgent rather than optional:
- You do not know in what capacity you are being summoned, or the summons is ambiguous.
- A company, money, contracts, shareholders, employees, property or assets are involved.
- There is violence, threats, recordings, fraud, criminal breach of trust, computer crimes or documents that can be read in more than one way.
- You have already attended an earlier proceeding and feel that something was poorly explained or that your answers did not reflect the facts properly.
- You have a family, children, jointly held property or personal wealth that may be put at risk.
- The summons arrives after a dismissal, a corporate dispute, an employment lawsuit or a complaint in other proceedings.
- You are an executive, legal representative, accountant, auditor or hold any position with control or approval responsibilities.
If you have already attended and believe something went wrong, do not improvise informal corrections. Consult your lawyer about what was recorded in the acta and assess whether a supplementary statement, a clarification or a subsequent defense strategy is available. Trying to correct something without professional guidance can do more damage than the original mistake.
The statutes that support you
Statutory basis: the articles that ground each step
Each of the seven steps and each of the rights described in this guide has a concrete legal basis. The table below lists them so that you can check them directly in the official sources.
| Statute | Content relevant to this guide |
|---|---|
| Constitución Nacional, art. 29 | Due process and the right to a defense; no one may be tried without having had the opportunity to defend themselves |
| Constitución Nacional, art. 33 | No one may be compelled to testify against themselves; protection from self-incrimination and from testifying against close relatives |
| CPP art. 8 (Ley 906 de 2004) | Twelve guarantees of the imputado: no self-incrimination, the right to a lawyer, silence is not evidence, confidential communication, knowledge of the charges, time for the defense, among others |
| CPP art. 26 (Ley 906 de 2004) | The governing rules of the CPP are mandatory and prevail over any other provision of the code |
| CPP art. 66 (Ley 906 de 2004) | The Fiscalía's investigation is mandatory, not discretionary; it may not be suspended or waived except by way of the principio de oportunidad |
| CPP art. 286 (Ley 906 de 2004) | The formulación de imputación is an act before the juez de control de garantías, not at the Fiscalía; it defines what it is and where it takes place |
| CPP art. 317 (Ley 906 de 2004) | Grounds for release on the expiry of the time limits: 60 days with no accusation, 120 days without the trial starting, 150 days with no judgment |
| Código Penal art. 29 (Ley 599 de 2000) | Principal liability; a person who acts as the representative of a legal entity may be a principal in the offense even though the special elements are not present in that person |
To keep preparing
Reading and services related to criminal defense in Colombia
If your case has further angles, these resources can help you widen the picture before you make decisions:
- Advice on corporate criminal law, for cases involving companies, executives or corporate governance decisions.
- Criminal defense lawyer in Bogotá, if the summons calls for immediate criminal support or if an imputación is already under way.
- Corporate Lawyer, if the questioning involves shareholders, boards or business decisions carrying corporate risk.
- Trademark registration and protection, if the dispute touches intangible assets, the unauthorized use of signs or unfair competition.
We review your summons before you answer
Speak with a criminal defense lawyer before going into the Fiscalía
At Cafore Abogados we review the summons, identify your procedural capacity, reconstruct the timeline, put the relevant documents in order and assess the criminal, business and reputational risks before any proceeding. Consult in good time: preparing always costs less than correcting.
A legal orientation guide from Cafore Abogados
About this guide
This guide was prepared by the Cafore Abogados team for readers who need to make quick, prudent decisions before questioning at the Fiscalía General de la Nación. Its purpose is to help you put risks, documents and questions in order, not to replace the review of a specific summons, a case file or a defense strategy built on your particular facts.
The articles cited correspond to Ley 906 de 2004 (Código de Procedimiento Penal) and to Ley 599 de 2000 (Código Penal), verified against the text in force. Before applying any conclusion of this guide to a specific situation, it is worth reviewing the summons, the procedural capacity in which you were called and the documents available with a criminal defense lawyer. Last editorial review: June 2026.
So you can check it yourself
Laws and case law cited
- Ley 906 de 2004 — Código de Procedimiento Penal: arts. 8, 26, 66, 286, 317 (official text, Función Pública).
- Ley 599 de 2000 — Código Penal: art. 29 (principal liability of representatives of legal entities).
- Corte Constitucional de Colombia: Constitución Nacional, arts. 29 and 33 (due process and the prohibition on self-incrimination).
- Fiscalía General de la Nación: institutional information on proceedings and on the adversarial procedure.
Content prepared by Cafore Abogados for general guidance in Colombia. The right strategy depends on the specific facts, the capacity in which you take part in the proceedings, the court assigned and the documents available. Before acting on any conclusion in this article, it is worth going over the summons and the facts with a criminal lawyer. Last editorial review: June 2026.
We answer your questions
Frequently asked questions about criminal proceedings
What are the stages of criminal proceedings in Colombia?
What happens after the audiencia de imputación?
How long can criminal proceedings last?
What does a preacuerdo or an allanamiento a cargos involve?
Can I refuse to go if the Fiscalía summons me?
It depends on the capacity in which you are being summoned. As a general rule, summonses from the Fiscalía must be attended to, and refusing without valid justification can carry procedural consequences. That said, you may request that the proceeding be postponed if you have justified reasons and you communicate them in good time. What is not advisable is to ignore the summons or simply not attend without giving notice: that needlessly worsens your position. Consult your lawyer as to the right answer in your particular case before deciding whether to attend, to seek a postponement or to ask for more information about the proceeding.
What happens if I testify without a lawyer in questioning at the Fiscalía?
If you are being treated as an indiciado or an imputado and you testify without a lawyer, you may be waiving procedural guarantees that article 8 of the Código de Procedimiento Penal recognizes for you, among them the right to confidential communication with your defense counsel before any question. Some rights can be validly waived only with legal advice; a waiver made without a lawyer may be challenged afterward, but that does not undo what has already been said. The statement can be used in the case file, and what is recorded in the acta carries weight within the proceedings. The most common mistake is to believe that "telling the truth" without preparation is the best defense; the truth well presented, with context and strategy, is more effective than the truth improvised.
Can the Fiscalía detain me during the questioning?
Detention is not an automatic consequence of questioning. For there to be deprivation of liberty in Colombia, specific procedural conditions are required: a formal imputación before the juez de control de garantías, a request for a medida de aseguramiento by the Fiscalía and a decision by the judge ordering it. Questioning at the Fiscalía, on its own, does not have that power. However, if at the time of the proceeding the Fiscalía already holds an arrest warrant against you, the situation changes: that is why it is important for your lawyer to check whether any warrant exists before you appear. That prior check is one of the steps no executive and no natural person should skip.
Can my silence be used against me in the proceedings?
No. Article 8 of the Código de Procedimiento Penal expressly prohibits the imputado's silence from being used as evidence of guilt. That right exists precisely so that people can exercise their guarantee against self-incrimination without fear that remaining silent will be turned against them. That said, silence must be exercised clearly and calmly, stating that you are making use of your constitutional and statutory right; not as an emotional refusal or a confrontation with the official. Your lawyer should guide you on how to frame it properly in the context of your case.
Does questioning at the Fiscalía mean that I am about to be charged?
Not necessarily. Questioning at the Fiscalía may be part of the investigation stage, where the Fiscalía gathers information, compares versions or moves forward with a noticia criminal that may or may not lead to an imputación. The formal imputación is a separate act: it takes place before the juez de control de garantías (art. 286 CPP) and not at the Fiscalía's premises. What the existence of questioning does confirm, however, is that there is an active investigation and that your name is already linked to it in some way. That is not a closure: it is the beginning of a stage in which you need an active defense, not passivity.
What should a company do if its legal representative is summoned to questioning?
Three actions are priorities. First, preserve information: suspend the routine destruction of emails, chats, folders and accounting records connected with the facts. Second, assess conflicts of interest: the company's lawyer may not be the right lawyer for the legal representative if the positions of the company and of the summoned natural person diverge. Third, review minutes, contracts, job-description manuals and internal approvals in order to identify the real scope of the representative's powers at the time of the facts. The questioning of a legal representative is also a matter of corporate governance, and the company has a legitimate interest in handling it with order and without improvisation.
May I ask for a copy of the acta of the proceeding?
Yes. Once the proceeding has ended, you have the right to request a copy of the acta or of the record of what happened. It is important to do so because that document may contain inaccuracies, omissions or formulations that do not reflect exactly what you said. Reviewing the acta with your lawyer immediately after the proceeding allows you to spot any discrepancy and act accordingly before the case file moves forward. Do not rely on memory: the acta is the official document and it carries procedural weight.
Do I have the right to remain silent if I am summoned by the Fiscalía?
What are my safeguards if I am arrested?
What is the presumption of innocence and how does it protect me?
Do I have the right to know the evidence against me before the trial?
What can the Fiscalía do during the investigation without a court order?
Can they search my home or intercept my communications?
What is a medida de aseguramiento and when may it be imposed?
Can the defense gather its own evidence during the investigation?
When should I hire a criminal defense lawyer?
What options are there for obtaining release during the proceedings?
What is preclusión and how can it work in my favour?
Is it possible to obtain a suspended sentence or an alternative penalty?
To go deeper
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Criminal defense in Bogotá
Resolve your criminal case with professional support
At Cafore Abogados we work alongside individuals and companies at every stage of the criminal proceedings: from the first summons to the oral trial hearing.
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