Disciplinary Proceedings in Colombia: Rights of the Accused and How to Build a Defense

## What is disciplinary law?

Disciplinary law governs the conduct of those who exercise a public function: public servants, contractors performing public functions, notaries, managers of public companies, among others.

It's mainly governed by Law 734 of 2002 (the Single Disciplinary Code) and Law 1952 of 2019 (the General Disciplinary Code, in force since 2022).

Who can open a disciplinary proceeding?

• The Office of the Attorney General (Procuraduría General de la Nación): for all public servants, including those elected by popular vote
• The Comptroller's Office: for fiscal matters (which connects with disciplinary matters)
• Each agency's internal disciplinary control office
• The Ombudsman's local office (Personería): for officials of territorial entities

Disciplinary offenses: very serious, serious, and minor

Very serious offenses Exhaustively listed in the law. Examples: entering into contracts in violation of the disqualification regime, or engaging in politics while holding public office.

Typical sanction: removal from office and disqualification from holding public office (10 to 20 years).

Serious offenses Violations involving negligence, recklessness, or a breach of official duties that significantly affects the public service.

Typical sanction: suspension without pay (1 to 12 months) or a fine.

Minor offenses Conduct that has a minimal effect on the public service.

Typical sanction: a written reprimand.

Stages of a disciplinary proceeding

Preliminary inquiry (maximum 6 months) The agency checks whether there are grounds to open an investigation. No one is formally charged yet.

Disciplinary investigation (maximum 12 months) An investigation is formally opened, the accused is formally notified, and evidence is gathered.

Charges If there's enough evidence, formal charges are filed. From this point on, the accused has full access to the case file.

Response to charges The accused has 15 days to submit a written response to the charges and request evidence.

Closing arguments Each side presents its closing arguments before the ruling.

First-instance ruling The agency decides whether disciplinary liability exists and what sanction applies.

Appeals A motion for reconsideration and an appeal are available against the first-instance ruling. Against the second-instance ruling, an action for annulment and restoration of rights may be filed before the Council of State.

Rights of the accused

• To know the charges from the moment they're filed
• To access the complete case file
• To request and submit evidence
• To have a defense attorney (either private counsel or a public defender)
• To remain silent without that being held against them as an indication of guilt
• To be judged without unjustified delay

Constitutional protection actions (tutela) in disciplinary proceedings

Although the disciplinary process has its own remedies, a tutela is available when: - Fundamental due process rights are seriously violated - Access to the case file is denied without justification - A sanction is imposed without the process's minimum guarantees

Were you notified of a disciplinary proceeding or charges before the Procuraduría? Acting in time when responding to the charges is critical. We can review the case file and build your defense.

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