Political Constitution of Colombia (1991)

It is the responsibility of the Office of the Attorney General of the Nation, in the discharge of its duties or following a denunciation, special petition or dispute, to bring criminal charges and to conduct the investigation of the facts which may constitute offenses, if there are sufficient reasons to assume the commission of an offense. Excepted are the crimes committed by members of the public force in active service and related to the same service. For such a purpose, the Office of the Attorney General of the Nation shall do the following:

To request the judge responsible for the control of [the constitutional] guarantees to take the measures which ensure the appearance of the presumptive offenders of the penal law at the trial, the conservation of evidence and the protection of the community, and in particular of the victims.

The judge responsible for the guarantees may be in no case the judge competent to try the matter.

Exceptionally, an Act may authorize the Office of Attorney General of the Nation to carry out administrative detentions. In these cases, the judge responsible for respect of the guarantees exercises his/her control within thirty-six (36) hours following the detention at the latest.

To conduct searches, house visits, seizures and interceptions of communications. In such cases, the judge responsible for the control of guarantees carries out his/her subsequent control within thirty-six (36) hours at the latest.

To take possession of the material elements of evidence, keeping them in custody while they are being refuted [by the accused]. When additional measures that imply the infringement of fundamental rights are required, the corresponding authorization must be obtained from the judge responsible for the control of guarantees in order to proceed.

To present the indictment before the judge competent to try the matter with a view of initiating a public, oral, adversarial trial with immediacy of the evidence and all the other guarantees.

To request the preclusion of investigations before the judge competent to try the case when there are no merits to the case.

To request before the judge competent to the try the case the necessary judicial measures to assist the victims, and order the restoration of the law and the integral redress of those affected with the crime.

To oversee the protection of victims, juries, witnesses, and all other intervening parties in the criminal procedure. An Act shall determine the manner in which the victims may intervene in the criminal procedure and mechanisms of restorative justice.

To manage and coordinate the functions of the Judicial Police which are permanently carried out by the National Police and other organs that an Act establishes.

To comply with all other functions determined by an Act.

The Attorney General and his/her deputies have competence in all the national territory.

In the event an indictment is brought, the Attorney General or his/her deputies shall provide, through the judge competent to try the matter, all the elements of proof and information he/she is aware of, including those favorable to the defendant.

The Office of the General Prosecutor of the Nation shall continue to perform, in the new system of inquiry, investigation and criminal judgment, the functions of Article 277 of the National Constitution.

Depending on the character of the protected interest and the minor gravity of the punishable conduct, the legislature may authorize the victim or other authorities to bring criminal charges. In any case the action by the Office of Attorney General shall have priority.