Conciliation is not losing — and most people do not see that until it is too late
In querellable offences, a successful conciliation extinguishes the criminal action. The proceeding ends. No oral trial, no conviction, no criminal record. For the accused, that outcome is often better than any acquittal. For the victim, it means real redress —on the terms and timetable they negotiated— instead of a judgment that arrives years later and may be impossible to enforce.
Criminal conciliation is not a sideshow of the proceeding. In many cases it is the most intelligent way out available to both sides. The problem is that most people arrive at the hearing without knowing this — and without representation to make use of it.
What happens if conciliation fails
When a conciliation hearing does not reach agreement, the case moves on to the next procedural stage. For the accused, that means an oral trial: years of proceedings, successive hearings, public exposure, accumulated costs and the possibility of a conviction. For the victim, the redress sought is deferred by years, with an uncertain outcome.
The failure of a conciliation is not always inevitable. In most cases it has concrete causes: a badly calculated position, poor handling of the hearing, ignorance of what the other side actually wants, or an emotional element that was not managed in time. Specialist representation reduces those causes significantly.
Strategic representation at criminal conciliation hearings
Representation and strategic advice at criminal conciliation hearings, both before the proceeding begins and within it. Conciliation can be the most efficient mechanism for resolving the legal conflict, provided its procedural implications are correctly assessed and the negotiation is conducted from a technically informed position.
- Prior analysis of whether conciliation is viable and advisable in the specific case
- Preparation of the client for the hearing: position, limits and strategic objectives
- Assessment of the procedural implications of the agreement for both sides
- Active representation during the hearing before the conciliator or the competent judge
Why going to a conciliation unrepresented is the most frequent mistake
You may think a conciliation hearing is a minor formality. That it needs no lawyer. That it can be handled without representation.
The other side at a criminal conciliation almost always arrives represented. What looks like a conversation between parties is in fact a negotiation in which one side arrives with technical preparation, knowledge of what their client actually wants and the tools to manage it, and the other arrives with their own perception of the case.
In a conciliation where the agreement may extinguish a criminal action or determine the amount and terms of redress, the asymmetry of information between the represented party and the unrepresented one can be decisive. For the victim as much as for the accused.
Why rely on this firm for that negotiation
Juan Antonio Matiz Monroy is a criminal lawyer, a graduate of Universidad de los Andes, with a specialisation in Criminal Law from Universidad Sergio Arboleda and a candidate for the Master’s in Evidential Reasoning (Universitat de Girona — Università di Genova). The firm practises criminal law exclusively and has direct familiarity with how criminal conciliations actually work: what each side really wants, the elements that block or unlock agreement, and the difference between an agreement that resolves the conflict and one that only suspends it. Every case receives the full attention of the founding partner.
Straight talking from the first analysis
In the initial consultation we assess with you whether conciliation is the most favourable way out for your case, what the other side is likely to want and what strategic position is reasonable to hold. If we conclude that conciliation is not the best alternative available, we say so plainly. The aim is not to reach an agreement at any price: it is to reach the best agreement possible, or to decide consciously that the proceeding is preferable.
Frequently asked questions
What people usually ask us
Does criminal conciliation mean admitting guilt?
No. Criminal conciliation in Colombia is an alternative dispute resolution mechanism that does not involve any admission of guilt by the accused. The conciliation agreement is an arrangement between the parties about the consequences of the act —above all redress for the harm— and it is not equivalent to a conviction or a confession. Indeed, for many querellable offences a successful conciliation extinguishes the criminal action: the proceeding ends with no conviction, no criminal record and no oral trial.
In which offences can conciliation end the criminal proceeding?
In querellable offences —those that can only be investigated if the victim files a complaint or querella— conciliation is a precondition: without attempting conciliation first, the case cannot move to the next stage. In addition, if conciliation succeeds in these offences, the criminal action is extinguished. Examples of querellable offences include insult and calumny, domestic violence in its less serious forms, damage to another’s property, disturbance of possession and theft in certain circumstances. For non-querellable offences, conciliation may affect civil redress but does not extinguish the criminal action.
What if the other side does not want to conciliate?
Conciliation requires the willingness of both sides. If the other party does not attend the hearing or refuses to negotiate, the proceeding moves to the next stage. In many cases, however, initial resistance is not final: it is driven by miscalibrated expectations, emotional positions or ignorance of what continuing the proceeding entails. Strategic handling of the hearing —including recognition of what the other side wants and technically well-built proposals— can open space for an agreement that looked impossible at the start.
How does criminal conciliation differ from a civil settlement?
Criminal conciliation has procedural consequences that an ordinary civil settlement does not. In querellable offences, a conciliation agreement duly registered before the competent conciliator can extinguish the criminal action. A civil settlement resolves financial liability but does not affect the criminal proceeding. In addition, criminal conciliation is processed before specific authorities —the prosecution, authorised conciliation centres or a judge— with formal requirements of its own, and breach of it has direct procedural consequences.
What does the lawyer do during the conciliation hearing?
A lawyer at a criminal conciliation hearing performs several functions at once: advising the client on when to accept, refuse or counter-offer; managing the dynamics of the hearing so as to keep the conditions that allow an agreement; assessing the other side’s proposals and their procedural implications in real time; and drafting or reviewing the agreement so that its terms are enforceable and do not create ambiguities that lead to later disputes. In a hearing where the agreement may carry consequences as significant as the extinction of a criminal action, specialist representation is not a luxury.
Should I bring a lawyer even if the hearing is informal?
Criminal conciliation hearings, although held in a less formal setting than a court hearing, carry legal consequences of equal weight. The agreement signed there may be final. The other side in these proceedings arrives, in most cases, with legal representation. Bringing your own is not a gesture of mistrust or escalation: it is exercising the same level of preparation the other party has. For the victim, it ensures the agreement reflects what they actually want and is enforceable. For the accused, it ensures the agreement carries no adverse terms that went unnoticed.
What happens if the agreement is not complied with after signature?
A properly formalised conciliation agreement is enforceable as an executive title: it can be enforced before a judge without a prior declaratory proceeding. If the obligated party does not comply on the agreed terms, the affected party may start enforcement proceedings. Where the agreement was tied to the extinction of the criminal action in a querellable offence, breach may reactivate the criminal proceeding. For that reason, precise drafting of the agreement —its terms, deadlines, conditions of performance and consequences of breach— is an integral part of specialist representation.