Carlos Caicedo was found criminally liable on July 29, 2026, over the irregularities surrounding the contracting of several health posts and centers during his term as mayor of Santa Marta.
Bogotá's Ninth Criminal Circuit Court announced a guilty verdict against Carlos Caicedo in the case tied to work on the Mamatoco, Bastidas, La Paz, María Eugenia and Taganga health centers.
The decision marks a decisive legal shift. Until now, the claims against Carlos Caicedo were the prosecution's accusation and had to be presented as alleged facts. With the guilty verdict, a trial judge concluded, after the trial, that the former mayor's criminal liability had been proven.
That does not mean the conviction against Carlos Caicedo is final. The full sentence, the penalty imposed, any accessory sanctions, and the outcome of the defense's appeals are still pending. But this is no longer a preliminary investigation or a mere prosecutorial request: there is now a judicial finding of liability in first instance.
The case against Carlos Caicedo originated in the contracting carried out to demolish, rebuild and refurbish several health centers in Santa Marta during his term as mayor, from 2012 to 2015.
The work covered the Bastidas, Mamatoco, La Paz, María Eugenia and Taganga health posts. The contracts exceeded 6.5 billion pesos and were entered into within the administrative structure of the Alejandro Próspero Reverend state social enterprise.
The prosecution argued at trial that the contracting showed substantial irregularities from the outset and that public funds ended up benefiting third parties without the work being carried out as required.
Carlos Caicedo's liability did not depend solely on his having held the mayor's office when the contracts were signed. The prosecution had to prove conscious involvement in the contracting decisions and knowledge of the relevant irregularities.
After hearing the evidence and the arguments of the prosecution, the victims' representative, the Attorney General's Office, and the defense, the court accepted the theory of criminal liability.
The full written ruling will show what specific conduct the judge attributed to Carlos Caicedo, which evidence was deemed decisive, and how the court addressed the defense's arguments on administrative delegation, later completion of the work, and the absence of personal enrichment.
The main health-posts case against Carlos Caicedo was brought for offenses against public administration, specifically contracting without meeting legal requirements and embezzlement by appropriation in favor of third parties.
The offense of contracting without meeting legal requirements punishes a public official who processes, executes or settles a state contract without observing essential legal requirements.
Not every contracting irregularity amounts to criminal liability. Criminal law does not turn every administrative error, breach, or interpretive disagreement into a crime. To convict Carlos Caicedo, the judge had to find a breach of essential requirements and intentional conduct — that is, conscious and voluntary.
Embezzlement by appropriation in favor of third parties requires proof that funds or assets whose administration, custody or possession were tied to the public office were improperly transferred into someone else's estate.
For that reason, holding Carlos Caicedo liable required more than showing that a project was left unfinished, delayed, or deficient. It required proving the link between his decisions, the irregular handling of the funds, and the financial benefit obtained by third parties.
The written ruling will need to explain how those elements were established and what Carlos Caicedo's concrete criminal participation was.
One of the case's most relevant issues is how far a mayor can be criminally liable for contracts whose processing or execution was delegated to other officials.
Holding the office of mayor or budget authority does not automatically create criminal liability. Colombia bars strict liability: no one may be convicted solely because of the office they held when the events occurred.
The prosecution had to prove that Carlos Caicedo knew of the essential irregularities, took part in them, or knowingly allowed them to continue.
At the same time, delegation alone does not eliminate all liability. A public official cannot use the internal distribution of duties as an absolute shield when they retain decision-making power, know of an illegal act, or take part directly in it.
The issue could not be resolved, then, with two blanket formulas: neither "the mayor answers for everything" nor "the mayor never answers because he delegated."
The court had to reconstruct what Carlos Caicedo knew, what decisions he made, what documents he saw, what warnings he received, and what his material involvement in the contracting process was.
The full ruling will be essential to determine whether the conviction rested on Carlos Caicedo's direct acts, on a guarantor position, on his control over the contracting process, or on a combination of those elements.
Carlos Caicedo's defense, publicly led by attorney Iván Cancino, argued that the prosecution had not proven any appropriation of funds or intentional wrongdoing by the former mayor.
Carlos Caicedo's political team also argued that the health centers in question exist and provide services, and presented the case as a judicial persecution timed to electoral moments. Under that view, there was no loss of funds, and the later completion or operation of the projects undercut the prosecution's theory.
That argument had to be examined carefully. A project being finished years later does not automatically erase crimes that may have been committed during the initial contracting or execution.
Criminal liability is assessed against the facts as they stood at the time of the conduct. Later completion can be relevant to establishing the existence and amount of harm, the appropriation, restitution, or the sentence, but it does not necessarily erase a criminal irregularity already completed.
Nor is it enough for the prosecution to prove administrative shortcomings. It had to prove every element of the offenses charged against Carlos Caicedo, including intentional conduct.
The court concluded that the evidence cleared that bar. The written ruling will need to show why it rejected the acquittal theory and what elements allowed the conduct to be personally attributed to Carlos Caicedo.
The news needs an important procedural clarification: what was announced against Carlos Caicedo was a guilty verdict (sentido de fallo condenatorio).
In Colombian criminal procedure, the verdict announcement states whether the accused will be acquitted or convicted once the trial concludes. The judge then holds a sentencing hearing, where the legal reasoning is laid out, the penalty is set, and the additional consequences are resolved.
It can therefore already be said that Carlos Caicedo was found guilty in first instance, but not yet that there is a final, enforceable conviction.
Until the full written sentence is known, it should not be assumed:
Those matters depend on the individualized sentencing, on the specific offenses ultimately convicted, and on the court's specific rulings.
The sentence against Carlos Caicedo can be appealed to the Criminal Chamber of Bogotá's Superior Tribunal.
On appeal, the defense may challenge the weighing of the evidence, the interpretation of the offenses, the personal attribution of the contracting decisions, the finding of intent, and any due-process violation during the trial.
The appeal cannot simply repeat, in general terms, that Carlos Caicedo is innocent or that the case was politically motivated. It will need to identify concrete errors in the ruling and explain their effect on the finding of liability.
Among the issues likely to matter are the division of duties within the mayor's office and the state social enterprise, the traceability of the funds, the benefit attributed to third parties, Carlos Caicedo's actual involvement, and the court's treatment of evidence the defense tried to introduce.
In June 2026, the Supreme Court found inadmissible a constitutional action ('tutela') filed by Carlos Caicedo's defense to introduce interviews with a deceased former official. The Court held that the criminal case was still ongoing and that the defense retained ordinary channels to raise the issue.
That dispute could resurface on appeal if the defense shows the exclusion of evidence was unlawful and could have realistically changed the outcome of the trial.
Until Bogotá's Superior Tribunal rules on the appeal, the conviction against Carlos Caicedo will remain a first-instance decision.
The presumption of innocence holds until there is a final, enforceable conviction. That guarantee, however, does not license describing the ruling as though nothing had changed.
Before July 29, Carlos Caicedo was a defendant whose liability had yet to be established. After the guilty verdict, there is now a judicial decision finding him liable, even though it remains subject to review.
The legally accurate description is that Carlos Caicedo was convicted in first instance, or that a guilty verdict was announced against him — not that he is now definitively and irreversibly liable.
The Tribunal may uphold the decision, modify it in part, or overturn it and acquit Carlos Caicedo.
The finding of liability alone does not mean Carlos Caicedo will be arrested immediately.
The answer depends on what the court orders in the written sentence. The judge must weigh the penalty imposed, the legal restrictions applicable to offenses against public administration, the defendant's custodial status, and whether the sanction must be enforced before or after the ruling becomes final.
Anti-corruption legislation imposes strict limits on substitute or alternative sentencing measures for certain offenses against public administration. Applying it, however, requires knowing exactly which offenses were found proven, the date of the conduct, the law in force at that time, and the specific decision the judge made.
For that reason, it would be premature to say Carlos Caicedo will necessarily go to prison as soon as the verdict is announced.
The written sentence will need to specify whether an arrest is ordered, whether he remains free while the appeal is decided, and what personal consequences take effect immediately.
The conviction against Carlos Caicedo also carries potential consequences for his ability to exercise public rights and functions.
Offenses against public administration typically carry accessory penalties of disqualification from office. In certain cases, the Constitution also imposes permanent bans on holding certain positions or contracting with the State once there is a conviction for offenses affecting public assets.
Here too, however, the exact scope cannot be anticipated without knowing the sentence and its later finality.
Carlos Caicedo was mayor of Santa Marta, governor of Magdalena, and a presidential candidate. The decision will have an immediate political impact on Fuerza Ciudadana and on the former official's public career, but the definitive legal effect will depend on the outcome of the appeal.
A first-instance conviction can hurt Carlos Caicedo politically, but the definitive disqualifications tied to criminal liability require examining the finality of the ruling, the specific offense, and the nature of the sanction.
The July 29 decision concerns only the case tied to the health posts and centers. It does not resolve every criminal case linked to Carlos Caicedo's administration in Santa Marta.
The prosecution has also filed charges over other contracts, including one related to the refurbishment of the Coliseo de Gaira. That case examines alleged failures in preliminary studies, the lack of a construction permit, insufficient deadlines, contract amendments, and possible harm to public funds.
There are also proceedings tied to early-childhood centers and play libraries ("ludotecas"), in which the prosecution has charged Carlos Caicedo with contracting without meeting legal requirements, embezzlement by appropriation, and ideological falsehood in a public document.
These cases must be kept separate.
The conviction over the health posts does not automatically prove Carlos Caicedo's liability in the other cases. Each case has its own facts, contracts, evidence, and judicial decisions.
Likewise, investigations that were closed or favorable rulings Carlos Caicedo obtained in other matters do not substitute for the evidentiary analysis carried out in this trial.
Carlos Caicedo's conviction inevitably has a political dimension, but its legal legitimacy must be judged on the sentence and the evidence, not on the ideological identity of the person convicted.
Carlos Caicedo and his supporters have for years presented the cases against him as a persecution driven by traditional political sectors seeking to weaken his political project in Magdalena.
The prosecution and the victims, by contrast, argued that illegal contracting decisions affected funds meant for the health of vulnerable communities.
The judge's role was not to settle that political dispute, but to determine whether the prosecution had proven, beyond reasonable doubt, the elements of the offenses and Carlos Caicedo's individual liability.
The guilty verdict shows the court answered yes. How solid that conclusion is can only be fully assessed once the written reasoning behind the sentence is known.
The next procedural step will be the reading of the sentence against Carlos Caicedo.
That ruling will reveal:
The appeal process before Bogotá's Superior Tribunal will then begin.
Carlos Caicedo's defense may ask that the conviction be overturned entirely or challenge specific aspects, such as the legal classification of the offenses, the form of participation, the amount attributed, the sentencing calculation, or the additional sanctions.
Until that dispute is resolved, Carlos Caicedo will remain convicted in first instance, but without a definitive finding of liability.
July 29, 2026 did not legally end Carlos Caicedo's case, but it did close its most important stage in first instance.
The prosecution got a judge to accept its theory that crimes occurred in the contracting of the health posts and that the former mayor of Santa Marta bears criminal liability for them.
The defense retains the right to appeal and to obtain a full review of the ruling. That second instance can uphold or dismantle the evidentiary case that led to the conviction.
The precise statement is this: Carlos Caicedo was found guilty in first instance over irregularities tied to the contracting of Santa Marta's health posts; the sentence and its full reasoning will be known once the ruling is read, and the decision can be appealed.
The Carlos Caicedo case is also a reminder of an essential distinction in Colombian criminal procedure. An accusation is not a conviction; a guilty verdict is not a final, enforceable sentence; and the existence of appeals does not make a first-instance decision legally nonexistent.
There is, today, a conviction against Carlos Caicedo. Whether it becomes final will depend on what the Superior Tribunal of Bogotá decides.