What you need to know about
property forfeiture laws in Colombia
Hiring an attorney who is an expert in property forfeiture laws in Colombia is very important, given the complexity of this type of legal process. In simple words for people who are not lawyers, property forfeiture is a legal action by which the government seizes someone`s property without remunerating its owner. This can occur when authorities determine that the property has been obtained with funds resulting from illegal activities or when the property has been used for the purpose of criminal activities. That is to say, the government seizes the property and termintates the owner`s rights on that property.
Property forfeiture laws in Colombia apply to real estate as well as, vehicles, equipment, companies, bank accounts, cash, jewels, stock, among many others. The complexity of this legal process is not to be taken lightly, because when a person or their property is involved in this type of legal actions, they are not presumed innocent. On the contrary, the owner or owners of the property must prove its legal origin or be able to show that there is no connection between the property and any criminal conduct for which the property has been linked to this type of process.
Getting advice for property forfeiture cases in Colombia
It is here where the importance of having the advice and representation of an expert lawyer is necessary. An attorney who has proven successful results in property forfeiture cases in Colombia. Being well advised and represented in this type of process increases the chances of success. But not every lawyer in Colombia, has experience representing clients in property forfeiture law cases. So it is important to keep in mind that property forfeiture laws in Colombia are very complex and these types of cases shouldn`t be in the hands of inexperienced attorneys.
What does a property forfeiture process entail?
Property forfeiture laws in Colombia is regulated by Law 1708 from 2014 which is the main code that applies to this type of process. This law is very clear and its reading demonstrates the burden that everyone involved in this type of legal proceedings has, in order to unlink and recover their assets. In Colombia, every person enjoys the presumption of innocence, however this is not the case in this type of process.
Although the investigative and accusatory part of the process is under the jurisdiction of the Attorney General’s Office, it is not considered a criminal process per se. Mainly because the legal action goes after the property and someone`s freedom is not at stake. A lawyer with experience in this type of legal process knows that in addition to demonstrating that there is no link between the owner of the property and illegal activities, he or she should also
focus efforts in proving good faith.
Good faith is a guiding principle of Colombia law, however, in processes like the one of property forfeiture it is necessary to demonstrate it. Contrary to what is established in the Constitution and laws of Colombia, this principle is not an automatic presumption, especially in processes such as those involving property forfeiture laws in Colombia.
If you want comprehensive legal advice for your specific case, please contact us today. We are here to serve you in any city of Colombia. We have a team of experienced English speaking attorneys ready to fight for your property rights.
Consult your property forteiture case in Colombia
with an expert attorney
Our team of experts in property forfeiture processes, has a long history of success in these types of cases. However, each case is different and results are impossible to guarantee. If you or your property are involved in these types of processes, it is important to have specific legal advice according to the details of your situation. That is why, we recommend consulting with a lawyer with expertise in property forfeiture laws in Colombia.