Corporate Criminal Liability
Criminal compliance programs, director liability defense, and corporate risk prevention under Colombian law.
Contact UsCorporate Criminal Liability
While Colombia does not currently impose direct criminal liability on legal entities (companies cannot be criminally convicted as such), individual directors, executives, legal representatives, and compliance officers face personal criminal liability for decisions that constitute crimes — including tax evasion, fraud, disloyal administration, bribery, and environmental offenses. Law 1778 of 2016 and Law 2195 of 2022 also impose severe administrative sanctions on companies for transnational bribery and corruption.
The Superintendencia de Sociedades actively investigates and sanctions companies for non-compliance with anti-bribery and AML obligations, with penalties that can reach up to 200,000 monthly minimum wages. Additionally, companies are required to implement compliance programs (programas de ética empresarial) to prevent corruption, money laundering, and terrorism financing. The absence of such programs significantly increases the risk of administrative sanctions and personal criminal exposure for executives.
At Legal Diligence Medellín, we help companies and their leadership navigate this complex landscape by designing criminal compliance programs, conducting internal investigations, and defending executives who face personal criminal liability for business decisions. Our approach combines preventive compliance with aggressive defense to protect both the company and the individuals who run it.
Problems We Solve
Executive facing criminal charges
A director, legal representative, or manager is under criminal investigation for business decisions involving alleged tax fraud, disloyal administration, or corruption — with personal imprisonment at stake.
No compliance program in place
Your company lacks a formal criminal compliance program, anti-bribery policy, or ethics code, leaving executives exposed to personal liability and the company to administrative sanctions.
Internal fraud or misconduct discovered
You have discovered fraud, embezzlement, or corruption within your company and need to conduct an internal investigation while managing criminal, regulatory, and reputational risks.
Superintendencia investigation
The Superintendencia de Sociedades has opened an investigation into your company for alleged non-compliance with anti-bribery, AML, or transparency regulations under Law 1778 or Law 2195.
Our Approach
Compliance Program Design
We create comprehensive criminal compliance programs including codes of ethics, whistleblower channels, risk matrices, due diligence protocols, and training programs tailored to your industry and regulatory obligations.
Internal Investigation
We conduct confidential internal investigations to identify criminal exposure, preserve evidence, and develop strategies that protect the company and its leadership while cooperating appropriately with authorities.
Executive Defense
We provide personal criminal defense for directors, executives, and compliance officers facing investigations or charges related to business activities, from the initial Fiscalía inquiry through trial.
Frequently Asked Questions
No. Colombia does not currently recognize criminal liability for legal entities (companies). However, individual executives, directors, and legal representatives face personal criminal liability for decisions that constitute crimes. Companies also face severe administrative sanctions under Laws 1778 and 2195 for bribery and corruption.
Directors and legal representatives can be imprisoned for tax evasion, fraud, disloyal administration, bribery, money laundering, and environmental crimes committed in the context of business operations. Penalties range from 3 to 20+ years depending on the offense.
A robust compliance program should include a code of ethics, risk assessment matrices, internal reporting channels (whistleblower lines), due diligence procedures for partners and suppliers, employee training, and clear sanctions for violations. It should also integrate with SAGRILAFT and anti-bribery requirements where applicable.
The Superintendencia de Sociedades can investigate and impose administrative sanctions including fines up to 200,000 monthly minimum wages, temporary or permanent disqualification from government contracting, and publication of the sanction. These proceedings can also trigger parallel criminal investigations by the Fiscalía.
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