Understanding Pre-Trial Detention Rights

A Bogotá resident, Jaime Lombana is currently a professor at Universidad Jorge Tadeo Lozano. He also serves as a professor of criminal law at Universidad del Rosario. While he studied, Jaime Lombana finished a seminar in pre-trial detention and human rights.

Pre-trial detention takes place after an arrest and during incarceration before a trial. It prevents the individual from fleeing before the trial. It keeps the arrested off the streets, especially if they are a danger to society. Arrested and detained individuals are not necessarily guilty, as they are innocent until proven guilty. During pre-trial detention, a person under investigation cannot be forced into confessing that they are a part of a crime.

A person can also refuse to answer any questions, especially if they are not in the presence of a lawyer. Detained individuals are entitled to have a lawyer before and during an interrogation conducted by the police.

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Criminal Law in the United States

A graduate of the International Universidad de León, Jaime Lombana holds a PhD in law. He serves as a professor at Universidad Jorge Tadeo Lozano in his hometown Bogotá. Jaime Lombana also served as a professor at Universidad Sergio Arboleda, where he taught criminal law.

Criminal law deals with criminal offenses and acts. A criminal offense is any act that is immoral and represents a threat to society, the public, and property. These acts include murder, theft, and terrorism, such as damage to property or money laundering. A crime consists of three acts, the conduct, the mental state of an individual that commits a crime, and the causation. In cases of criminal prosecution, the judge must declare an individual guilty beyond a reasonable doubt to sentence an individual to prison.

In the United States, several crime categories exist, such as felonies, misdemeanors, strict liability offenses, and inchoate offenses. When there are more parties involved in a crime, the government and officials need to identify accomplices and their degree of involvement.

A Corruption Case Involving Contract

Based in Bogota, Colombia, Jaime Lombana is the founder of a law firm that handles financial, tax, and criminal matters. In one noteworthy case before the Supreme Court of Justice in 2021, Jaime Lombana represented witnesses who claim that members of the Parliament involved contract fixing beneficiaries during the tenure as Governor of current Congressman Richard Aguilar. Also named in the suit is Congressman Edwin Ballesteros, who managed a public services company at the alleged corruption.

As Attorney Lombana described it to Noticias Caracol, the witnesses he is working with engaged with a parallel office that existed to structure deals to the requirements of specific contractors. Enabling this “made-to-measure” bidding and contract fixing arrangement were payments, bribes, and commissions that never appeared on the official ledger. In total, contracts approved under this scheme are estimated to be in the 500 billion peso range.

Described as the “tip of the iceberg,” the incident that led the Prosecutor's Office to pursue investigation was a 3,000 million peso bribe related to the renovation of the Alfonso López de Bucaramanga Stadium. With this 22 billion peso project still not reaching completion, the contract fixing case led to other similar discoveries, such as that involving an aqueduct project in Landazuri.

Jaime Lombana – Approach to Law Rooted in Transparency and Ethics

Jaime Lombana is a prominent Bogota, Colombia attorney who guides a prominent law firm known for handling complex financial and criminal cases. In 2019, Jaime Lombana was interviewed by Asuntos:legales about noteworthy cases he represented and his legal philosophy.

He discussed one case against the Superintendence of Industry and Commerce (SIC), which is tasked with regulating commerce in Colombia and ensuring fair business practices. The matter centered on a SIC investigation of Tecnoglass, which was accused of illegally reselling tickets. As Mr. Lombana described it, the SIC overreached its mandate, as the attack on Tecnoglass lacked transparency and objectivity, which are required of a public agency.

The attorney also described his personal outlook when it comes to ensuring that justice is served. As he puts it, ethics and law are inseparable, and “criminal law and morality go hand in hand.” In practical terms, this means selecting cases to represent carefully while recognizing that the legal system protects the rights of those accused until a decision is rendered.

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