Organized crime and Law 1908 of 2018
Defense in investigations involving Organized Criminal Groups, Armed Organized Groups, criminal conspiracy, alleged membership, support networks and conduct attributed to individuals connected to those structures.
Discuss the caseA special investigative and procedural framework
Law 1908 of 2018 strengthened the investigation and prosecution of organized criminal structures and introduced mechanisms related to submission to justice.
Its application does not allow general allegations concerning a criminal structure to replace proof of individual conduct. Prosecutors must establish the specific conduct, knowledge, contribution and legally relevant connection attributed to each person.
The law distinguishes between Organized Criminal Groups and Armed Organized Groups, categories with different elements and consequences.
Organized Criminal Groups and Armed Organized Groups
Organized Criminal Group
A structured group of three or more persons existing for a period of time and acting together to commit serious offenses or offenses covered by the Palermo Convention for financial or other material benefit.
Armed Organized Group
An organization operating under responsible command with the organization, armed capacity and territorial control required to conduct sustained and coordinated military operations.
The two categories must not be treated as interchangeable. Membership in either must be legally substantiated — it cannot rest solely on a label used by an authority, an intelligence report or a news article.
Matters covered
Alleged membership
Cases in which a person is alleged to belong to the structure, act under its instructions or perform a function within it.
Criminal conspiracy
Investigations involving agreements to commit offenses in an organized, stable or continuing manner.
Support networks
Cases involving alleged financial, logistical, transportation, communications or information support.
Criminal finances
Investigations concerning assets, businesses, transfers, nominees or economic activities allegedly supporting the organization.
Advice to organized groups
Proceedings involving professional or technical services allegedly intended to facilitate criminal activity.
Individual submission to justice
Legal advice concerning voluntary presentation, cooperation or access to applicable submission mechanisms.
Individual responsibility must be proven
A family, business, personal or territorial relationship with an investigated person does not by itself establish membership in an organized criminal group.
Nor does appearing in a conversation, an intelligence report, a photograph, a financial transaction or a cooperating witness's statement automatically establish responsibility.
The analysis must identify:
- What conduct is alleged.
- When it occurred.
- What the person knew.
- What their contribution was.
- Whether it was voluntary.
- Whether a shared purpose existed.
- How their conduct connects to the organization's activity.
Special investigative measures
Cases may involve:
- Intercepted communications.
- Undercover operations.
- Controlled deliveries.
- Database searches.
- Surveillance.
- Digital devices.
- Electronic monitoring.
- International judicial cooperation.
- Cooperating witnesses.
- Financial analysis.
- Evidence from other proceedings.
Law 1908 expanded or adapted certain investigative measures and terms for GDO and GAO cases. Their use remains subject to judicial review, legality requirements and the right to contest the evidence.
Evidence requiring careful review
The defense may need to examine:
- Complete intercepted communications, not only excerpts.
- Judicial police reports.
- Intelligence reports.
- Witness or cooperating-witness statements.
- Immigration records.
- Digital messages and communications.
- Banking information.
- Corporate structures.
- Geolocation data.
- Evidence obtained abroad.
- Contextual analysis.
- Reports on the structure and its members.
Every item must be reviewed for legality, origin, authenticity, integrity, context and actual evidentiary significance.
Investigating the structure and individual responsibility
The existence of an organization does not automatically establish the responsibility of every person named in an investigation. The defense must separate:
Individual submission and cooperation
Decree 965 of 2020 regulates an individual submission route for certain members of Armed Organized Groups who voluntarily abandon the organization and cooperate with the authorities.
Voluntary presentation does not automatically terminate judicial orders or produce benefits without decisions by the competent authorities. Each situation must be resolved under the Constitution, Law 600, Law 906, the asset forfeiture regime and other applicable rules.
Legal advice should begin before any statement, disclosure of information or action that could produce criminal, financial or safety consequences.
Specialized institutions
Decree Law 898 of 2017 created a Special Investigation Unit for certain criminal phenomena involving homicides, massacres, attacks on human rights defenders and successor organizations of paramilitarism. It also reorganized the Prosecutor's Office and strengthened units related to organized crime and criminal finances.
Not every Law 1908 case automatically falls under that Special Unit. Jurisdiction must be established according to the nature of the facts and the assignment made by the Prosecutor's Office.
Representation throughout the proceedings
Representation may include:
- Preliminary investigations.
- Arrest and preliminary hearings.
- Interviews and questioning.
- Charging hearings.
- Precautionary measures.
- Indictment.
- Pretrial proceedings.
- Trial.
- Appeals.
- Criminal cassation.
- Individual submission.
- Parallel asset-related proceedings.
This representation is provided throughout every stage of the criminal proceedings.
Parallel proceedings
The same matter may simultaneously give rise to:
- Criminal proceedings.
- Asset forfeiture.
- Money-laundering investigations.
- Extradition requests.
- International judicial cooperation.
- Precautionary measures on assets.
- Proceedings against companies.
- Tax investigations.
- Disciplinary or fiscal proceedings.
- Proceedings in other jurisdictions.
The strategy must coordinate these scenarios to avoid inconsistent positions and protect liberty, property, safety and the client's legal position.
Current legal and policy developments
UPDATED AUGUST 1, 2026
The outgoing administration adopted measures involving negotiations, temporary locations and focalized suspensions of offensive operations.
President-elect Abelardo de la Espriella has announced that his administration intends to dismantle central mechanisms of the "Total Peace" policy beginning August 7. This section must be reviewed after the new administration issues the corresponding decrees or resolutions.
Policy may change; the right to defense remains
Changes in security or peace policy do not eliminate due process, judicial review, individual criminal responsibility, the right to counsel or the ability to challenge evidence and protect property.
Frequently asked questions
An Organized Criminal Group is a structure organized to commit serious offenses for financial or material benefit. An Armed Organized Group additionally requires armed organization, command, violence and sustained operational capacity.
Not automatically. The report must be weighed against legally obtained evidence and individually attributable acts.
No. Specific conduct, knowledge and a legally relevant contribution must be proven.
The law introduced special rules for certain investigative actions and terms, but its application depends on the case and remains subject to judicial review.
Individual submission routes exist for certain members of Armed Organized Groups, subject to requirements, certifications and decisions by the competent authorities.
No. Investigations, orders and judicial proceedings continue unless modified or terminated by the competent authority.
Yes. Information and documents provided are protected by professional confidentiality.
Key legal sources
- Law 1908 of 2018.
- Law 599 of 2000.
- Law 906 of 2004.
- Law 800 of 2003 — Palermo Convention.
- Decree Law 898 of 2017.
- Decree 965 of 2020.
- Law 1708 of 2014.
- Judgment C-559 of 2019.
- Judgment C-013 of 2018.
- Current regulations and administrative acts incorporated in future updates.
Related practice areas
Consultation regarding an organized crime investigation
The consultation allows an initial review of the alleged classification, individual conduct, available evidence, procedural stage and potential consequences for liberty and property.
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