Juan Antonio Matiz Monroy — Lawyer, Universidad de los Andes · Specialist in Criminal Law, Universidad Sergio Arboleda · Professional licence 294.746 (C.S.J.)
There is no single route. These are the stages of criminal proceedings most cases go through in Colombia: the ordinary and the abbreviated, in the order in which they happen and with the clock for each stretch.
01. Stages of criminal proceedings in Colombia: why a map and not a single list
When you are under investigation, or when you are the victim of an offence, the problem is usually not a lack of information. It is the excess.
You hear new words —inquiry, charge, written indictment— and no one tells you in what order they arrive.
This article does not expect you to memorise every step. It aims at something simpler: that you should know which route you are on and what comes next.
In Colombia there is no single criminal procedure. There are, above all, two: the ordinary and the abbreviated. Knowing which is yours changes what you can expect.
02. Eight words for reading what follows
Before going on, it is worth fixing eight words you will meet in everything that follows.
The inquiry is the first stage: the prosecution finds out, confidentially, whether there was an offence and who may have committed it.
The charge is the moment when the prosecution tells you, formally and before a judge, which offence you are being investigated for.
The indictment has two moments: the written document with the charges and the evidence, and the hearing at which the prosecution formulates it before the judge.
The preparatory hearing decides which of the announced items of evidence will be taken at trial.
The oral trial is where that evidence is taken and argued before the judge.
The Prosecution Service investigates and indicts. It does not judge.
The judge of control of guarantees —we will call them the guarantees judge— makes sure your rights are respected, above all at the start of the proceeding. By law, this is a different judge from the one who will later hear the merits of your case.
The trial judge receives the indictment, conducts the trial and decides whether there is a conviction.
03. How to know which of the two is yours
The rule is not how serious the offence looks.
If the offence requires a querella —a formal complaint by the victim— your case goes by the abbreviated route. The same applies if it is on the list the law reserved for that route.
If it is not there, it goes by the ordinary route. That is the general rule.
Offences such as simple theft, some personal injuries, failure to pay maintenance or domestic violence usually go by the abbreviated route. It is not a closed list; it is worth confirming with your lawyer.
There is an important exception. If the person under investigation is charged with several related offences and one of them goes by the ordinary route, the whole case —whether you are the victim or the person under investigation— is processed by the ordinary route.
If you are the victim, with a lawyer you can prosecute in the abbreviated procedure. The route does not change; who walks it as prosecutor does. See more on your options as a victim.
04. The ordinary procedure, in the order it happens
The inquiry
The prosecution finds out whether there was an offence and who may have committed it. There are no formal charges yet.
The prosecution acts, supported by the judicial police. If you are the one under investigation, you may not know it yet; if you are the victim, you can already put in evidence or be called for an interview.
If you are summoned or arrested, you have rights of defence from that moment. Read about those rights here. If you are the victim, you also have the right to receive information about the case from this stage.
What is not decided yet: there are no formal charges and no detention measure.
The charge
The prosecution formally communicates the offence it attributes to you, at a hearing before the guarantees judge.
The prosecution acts, formulating the charges; the guarantees judge presides; you, now as the accused, may accept them or not.
From here you stop being an indiciado and become an accused. The time limit starts to run for the prosecution to indict you or to ask for the case to be closed. At this hearing, or a later one, pre-trial detention may be sought, a decision that also directly concerns the victim, especially where protection is sought. See how that measure works.
What is not decided yet: your responsibility. The charge is not a conviction.
The indictment
The indictment is completed in two moments: the document the prosecution files, and the hearing at which it formulates it before the trial judge.
The prosecution acts, first filing the document with the charges and the evidence it announces. Then, at a hearing, it formulates it orally; the trial judge presides and resolves any objection to the document.
You go from accused at the charging stage to indicted. With the document you learn, for the first time, the complete case you will face; the hearing leaves those charges formally communicated. The victim also receives a copy of the document, for information.
What is not decided yet: there is no judgment, and the announced evidence has not yet been taken.
The preparatory hearing
Prosecution and defence present the evidence they want to take to trial, and the judge decides which to admit.
The trial judge acts; the prosecution and the defence make submissions; the victim, with a lawyer, may also ask for evidence.
From this hearing you know precisely what evidence the judge will see at trial.
What is not decided yet: nothing is weighed yet. Here only what is going to be argued gets organised.
The trial and the judgment
The admitted evidence is taken, argued over, and the judge decides whether there is responsibility.
The trial judge acts, conducting and deciding; the prosecution and the defence contest the evidence.
Here your position is settled, whether you are the person under investigation or the victim: the judge gives judgment, convicting or acquitting.
What is not decided yet: whether the judgment is final. The parties may appeal.
The hearings that can cut across before trial
So far the map looks like a straight line. In practice it is not entirely.
If there was an arrest, the legalisation of that arrest, the charge and the application for pre-trial detention can happen at the same hearing. Sometimes they happen in sequence, very early in the proceeding. See what to do if you are arrested.
These hearings are not another rung on the list above. They overlap the map; they do not replace it.
05. The abbreviated procedure, in the order it happens
The inquiry
Here the same thing happens as in the ordinary procedure: the prosecution finds out whether there was an offence. The difference is that, from the start, it is already known that the case will go by the abbreviated route.
The prosecution acts. If there was an arrest, there may be a hearing to legalise it and, at the same hearing, to impose a detention measure.
Although there is no charging hearing, you may end up under a detention measure if you were arrested, a decision that also directly concerns the victim. The prosecution may hand over the written indictment at the start of that same hearing.
What is not decided yet: the charges, formally speaking, have not yet been communicated to you in writing.
Service of the written indictment
In the abbreviated procedure there is no charging hearing. Instead, the prosecution serves the written indictment on you directly.
The prosecution acts, drafting the document and summoning to this step both the person under investigation with their defence and the victim. You, and the victim too, receive the document and can review it.
You go from indiciado to indicted without passing through the accused stage. From service the time limit starts to run for preparing the concentrated hearing.
What is not decided yet: there is no hearing yet, nor has it been fixed what evidence will be taken.
The concentrated hearing
In a single hearing what takes several in the ordinary procedure is brought together: the charges are formalised, the evidence is decided and the trial is prepared.
The trial judge, the prosecution and the defence act. If you are a victim with a lawyer, at this point you can take on the role of prosecutor.
On leaving this hearing, you already know what evidence will be taken and in what order.
What is not decided yet: there is no judgment. This hearing organises the trial; it does not replace it.
The trial
The evidence fixed at the concentrated hearing is taken and the judge decides.
The trial judge acts, conducting and giving judgment; the prosecution —or the victim as prosecutor— and the defence contest the evidence.
Here your legal position is settled, just as in the ordinary procedure.
What is not decided yet: the appeals, if any party decides to lodge them.
06. The two routes, side by side
In short: the ordinary procedure has five hearings before judgment; the abbreviated, two.
| Ordinary | Abbreviated | |
|---|---|---|
| Hearings before judgment | Five: charge, formulation of indictment, preparatory, trial, and sentencing | Two, after the inquiry: concentrated hearing and trial |
| How the charges are communicated | At a charging hearing, before the guarantees judge | By service of the written indictment, with no prior hearing |
| Who can prosecute | Only the Prosecution Service | The Prosecution Service, or you yourself if you are a victim with a lawyer |
| Pre-trial detention | Sought after the charge | Can be sought from the inquiry stage, if there was an arrest |
| Approximate time to trial | Can take more than a year | Weeks or a few months, with shorter limits |
07. The clock for each stretch
In the ordinary procedure, the inquiry has a limit of two years from when the offence is reported.
That limit rises to three years where there are several related offences or three or more people charged. And it reaches five years where the case is before a specialised court.
Once you are charged, the prosecution has 90 days to indict you or to ask for the case to be closed. In more complex proceedings, that limit can reach 120 days.
From the indictment, the preparatory hearing must be listed within the following 45 days. The trial, within 45 days after the preparatory hearing.
If the inquiry limit expires and no one has done anything, the case does not close by itself. Someone —you or your defence— has to apply for it formally before the judge.
It is different if the limit expires after you have already been charged. There the prosecution does lose the ability to keep running your case.
In the abbreviated procedure, from service of the written indictment there are 60 days to prepare the concentrated hearing.
That hearing must be held within 10 days of the expiry of those 60. And the trial, within 30 days after the concentrated hearing.
If you are under a custodial measure while the abbreviated procedure runs, that measure cannot exceed 180 days.
08. What changes once you know which one you are in
Knowing whether your case is ordinary or abbreviated tells you how many hearings to expect, how long the proceeding may last and when the charges will be settled.
It also tells you when it is worth seeking advice, and not later.
If your offence requires a querella, there may be room for a conciliation before trial. See how that works.
09. Conclusions
In Colombia, most criminal cases follow one of two routes. One is the ordinary procedure of Law 906 of 2004; the other, the abbreviated procedure of Law 1826 of 2017. What decides it is how the law classifies the offence, not how serious it looks. Does it require a querella, or is it on the list in article 534? That answer determines the number of hearings, when the charges are communicated and the time limits for each stretch.
Both routes share the inquiry and the trial, but not what lies between. The ordinary procedure has five hearings before judgment; the abbreviated, two after the inquiry: the concentrated hearing and the trial. In the ordinary, the charges are communicated at a hearing before the guarantees judge; in the abbreviated, by service of the written indictment.
Identifying the route, the stage and the time limits that are running is the first task of any strategy. That is the purpose of the initial consultation. We review your case, whether you are the person under investigation or the victim. We determine the procedural route and define what to ask for at each hearing. On the basis of that diagnosis, the firm can take on the criminal defence or the victim representation throughout the proceeding.
What people usually ask us
What is the difference between the charge and the indictment?
The charge is an oral hearing, before the guarantees judge, where the prosecution tells you which offence it is investigating. The indictment is different: the prosecution first files a written document with the charges and the evidence, and then formulates it orally at a hearing before the trial judge. The charging hearing exists only in the ordinary procedure.
What are preliminary hearings and when do they happen?
They are called that because they are held before the judge of control of guarantees, not the trial judge. By law, all steps other than the indictment hearing, the preparatory hearing and the oral trial are preliminary. That includes legalisation of arrest, imposition of pre-trial detention and the charging hearing itself. They can happen very early in the proceeding, even on the same day, and they often overlap.
How long can the proceeding take?
It depends on the route and on the case. The ordinary procedure has longer time limits, which can add up to more than a year before trial. The abbreviated procedure is designed to be faster, with limits counted in weeks or a few months. Neither set of limits is automatic: they depend on what happens in your particular case.
How do I know whether my case goes by the abbreviated route?
It depends on the offence, whether you are the person under investigation or the victim, not on how serious it seems to you. If it requires a querella or is on the list the law reserved for the abbreviated procedure, that is the route, unless it is joined to an offence that goes by the ordinary one. Confirming it precisely requires reviewing your particular case.
Are there other criminal procedures besides these two?
Yes. These are the commonest stages of criminal proceedings, but there are special procedures for particular situations, such as some offences within the jurisdiction of the Supreme Court or cases with rules of their own. For the great majority of people under investigation or victims, however, the route is the ordinary or the abbreviated one.
Legal and bibliographic references
Legislation. Ley 906 de 2004, arts. 1 a 27 (título preliminar) y 175 par. 1 (término de la indagación en el ordinario). Arts. 336 (presentación del escrito de acusación), 337 (contenido de la acusación y documentos anexos), 338 (citación a audiencia de formulación de acusación, dentro de los 3 días siguientes al recibo del escrito) y 339 CPP (trámite de la audiencia: traslado, resolución de competencia/impedimentos/recusaciones/nulidades, observaciones al escrito y formulación oral de la acusación por la Fiscalía).
Ley 1826 de 2017, que incorporó el procedimiento penal abreviado al CPP: arts. 534 (delitos que se tramitan por esta vía), 536 (traslado del escrito de acusación), 537 (legalización de captura, medida y entrega de la acusación), 541 (audiencia concentrada), 543 (término para el juicio) y 548 (término máximo de la medida privativa de la libertad).
Art. 74 CPP (delitos querellables). Art. 294 CPP (pérdida de competencia del fiscal por vencimiento de términos). Art. 447 CPP (individualización de pena y sentencia, tras el sentido del fallo). Art. 39 CPP (función de control de garantías, ejercida por juez penal municipal; el juez que la ejerce queda impedido para conocer el fondo del mismo caso). Arts. 153 (noción de audiencia preliminar, por exclusión de las audiencias de formulación de acusación, preparatoria y juicio oral, ante el juez de control de garantías) y 154 CPP (enumeración no taxativa de audiencias preliminares, entre ellas la formulación de imputación, la legalización de captura y la imposición de medida de aseguramiento). La Ley 2477 de 2025 y el art. 78A CPP introdujeron ajustes recientes al trámite, que no se desarrollan en este artículo por no incidir en la estructura general aquí explicada.
Case law. Corte Constitucional, sentencia C-893 de 2012, y Corte Suprema de Justicia, Sala de Casación Penal, auto AP1173 de 2014: el vencimiento del término de indagación no produce, por sí solo, el archivo o la preclusión del caso. Corte Suprema de Justicia, Sala de Casación Penal, auto del 21 de noviembre de 2012, y Corte Constitucional, sentencia C-390 de 2014: la acusación es un acto complejo, conformado por dos oportunidades procesales distintas —el escrito que presenta la Fiscalía y la audiencia de formulación de acusación que dirige el juez de conocimiento—, reguladas de forma independiente. Corte Suprema de Justicia, Sala de Casación Penal, sentencia SP369-2021: distingue el número y la naturaleza de las audiencias entre el proceso ordinario y el abreviado.
About the author
Juan Antonio Matiz Monroy — A graduate of the Universidad de los Andes (2017) with a specialisation in Criminal Law from the Universidad Sergio Arboleda (2021), he built a solid command of oral litigation at the Universidad del Rosario and at the Universidad de Salamanca, Spain. He sharpened his rigour in evidential reasoning with CESJUL and the Universidad Externado de Colombia. In parallel he went deeper into asset forfeiture —a field that requires understanding the State’s logic on property with the same rigour with which liberty is defended—. He is currently a candidate for the Master’s in Evidential Reasoning at the Universitat de Girona (Spain) and the Università degli Studi di Genova (Italy). Professional licence 294.746 (C.S.J.).