At Colombia Law Connection, we specialize in helping expats navigate the Colombian legal system. One of the most common concerns for foreigners relocating to or doing business in Colombia is understanding how the country’s legal framework differs from that of the United States.
While both nations operate under legal systems rooted in the rule of law, their approaches to various aspects of criminal law, drug policy, and commercial law differ significantly.
In this article, we will explore key distinctions that foreigners should be aware of when dealing with legal matters in Colombia.
1. Criminal Law and Penal SystemLegal System and Procedure
Colombia follows a civil law system, derived from Spanish and Roman law traditions, whereas the United States follows a common law system based on English precedent. This fundamental difference impacts everything from how trials are conducted to how legal decisions are made.
In the U.S., legal cases often rely heavily on judicial precedent (case law), meaning past rulings can influence future cases.
In contrast, Colombia’s legal system is based on codified statutes, meaning judges refer primarily to written laws rather than past judicial decisions.
Another critical difference is the role of plea bargains. In the U.S., plea bargaining is a common practice where defendants may negotiate lesser sentences in exchange for guilty pleas.
In Colombia, plea bargaining exists but is not as widely used, and many cases go through a full trial process.
Punishments and Sentencing
Colombia has abolished the death penalty, whereas several U.S. states still have capital punishment for the most severe crimes.
Additionally, Colombian prison sentences tend to be shorter than those in the U.S., though conditions in Colombian prisons can be far harsher.
Furthermore, Colombia does not have life imprisonment; the maximum sentence is 60 years, typically reserved for serious crimes like terrorism or aggravated murder.
2. Drug Laws and Policy
Colombia and the U.S. have starkly different approaches to drug policy. While Colombia is known as a major producer of illicit drugs, its domestic laws regarding personal drug use are relatively lenient compared to the U.S.
Personal Use and Possession
In Colombia, small amounts of certain drugs for personal use are decriminalized. The Constitutional Court ruled that individuals cannot be criminalized for possessing less than 20 grams of marijuana or 1 gram of cocaine for personal use. However, selling or distributing drugs remains strictly illegal and carries severe penalties.
In contrast, the U.S. has a patchwork of state and federal laws on drug possession. While some states have fully legalized marijuana, others still impose strict criminal penalties.
Cocaine possession, even in small amounts, remains illegal under U.S. federal law and can lead to severe consequences, including prison time.
Drug Trafficking
Colombia enforces strict laws against drug trafficking, with severe penalties for those caught producing, selling, or exporting narcotics.
The punishments include long prison sentences and substantial fines. Due to international pressure, Colombia works closely with the U.S. on drug enforcement, leading to frequent extraditions of drug traffickers to the United States.
In contrast, the U.S. has harsh mandatory minimum sentences for drug trafficking, with federal laws often imposing decades-long prison terms, especially for repeat offenders.
3. Gun Laws
Gun laws in Colombia are significantly stricter than in the United States.
Gun Ownership Restrictions
In the U.S., the Second Amendment of the Constitution grants citizens the right to own firearms, and gun laws vary widely by state. Many states allow the open or concealed carry of weapons with minimal restrictions.
In Colombia, private gun ownership is heavily restricted, and only licensed individuals may possess firearms.
The government strictly regulates gun permits, which are only granted for self-defense or occupational necessity.
The military oversees gun licensing, and automatic weapons, assault rifles, and high-capacity firearms are prohibited.
Carrying a firearm in public is illegal without explicit authorization, and unauthorized possession of a firearm can lead to severe criminal penalties, including prison time.
4. Commercial Law and Business Regulations
For foreigners looking to start a business in Colombia, understanding the differences in commercial law is crucial.
Business Formation
Colombia has a simpler process for forming a business than many U.S. states. A company can be established quickly through the Chamber of Commerce (Cámara de Comercio), and Colombia has various legal structures for businesses, such as:
- Sociedad por Acciones Simplificada (SAS) – Similar to an LLC in the U.S., it provides limited liability and flexibility.
- Sociedad Anónima (SA) – Similar to a corporation, requiring a board of directors and shareholders.
The U.S., by contrast, has different state-by-state requirements for forming an LLC or corporation, often requiring more paperwork and legal complexity.
Taxation Differences
Colombia has a territorial tax system, meaning that only income earned within Colombia is taxed. This is different from the U.S. worldwide tax system, where U.S. citizens and residents must pay taxes on income earned globally.
Corporate tax rates in Colombia are generally higher than in the U.S., with businesses facing tax rates around 35%, compared to the U.S. corporate tax rate of 21% under federal law (though state taxes can add additional burdens).
Additionally, value-added tax (VAT) in Colombia is 19%, which applies to most goods and services. The U.S. does not have a nationwide VAT but instead uses state and local sales taxes, which vary widely.
5. Family and Divorce LawMarriage and Divorce
Colombia recognizes both civil and religious marriages, similar to the U.S. However, Colombia also allows for de facto unions (uniones maritales de hecho), which give couples legal rights similar to marriage after two years of cohabitation.
Divorce laws differ significantly between the two countries. In the U.S., some states allow for no-fault divorce, meaning couples can divorce without proving wrongdoing.
In Colombia, while divorce is permitted, it requires specific legal grounds, such as infidelity, abuse, or mutual agreement.
Additionally, Colombia’s divorce process is often faster and less expensive than in the U.S., where legal fees and court proceedings can be lengthy and costly.
Child Custody and Support
Colombian courts prioritize the best interests of the child, much like in the U.S. However, child support laws are strictly enforced in Colombia, with failure to pay resulting in serious legal consequences, including potential jail time.
In the U.S., penalties for non-payment of child support vary by state and often involve wage garnishment rather than imprisonment.
Conclusion
Understanding the key legal differences between Colombia and the U.S. is crucial for foreigners living, working, or doing business in Colombia.
From drug laws and criminal penalties to business regulations and family law, Colombia’s legal landscape presents unique challenges and opportunities.
At Colombia Law Connection, we help expats navigate the complexities of Colombian law, ensuring compliance and protecting their rights.
Whether you need assistance with business formation, visas, family law, or legal disputes, our team is here to guide you.
For legal support in Colombia, contact Colombia Law Connection today for expert legal advice tailored to your needs.
