U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS

BJS chief editor, Carolyn C. Williams
COSTA RICA
NCJ 199273
                           
by Jos Mara Rico
 
Section I: GENERAL OVERVIEW
 
Located in Central America between Panama and 
Nicaragua, Costa Rica is a relatively small 
country in terms of both, surface area (51,100 km 
squared), and population (some four million 
inhabitants up to February 2001). Some of its main 
social indicators (for instance, concerning 
education and health), place it among the most 
advanced countries. According to the Human 
Development Report 2000, of the United Nations 
Development Programme (UNDP), the real per capita 
gross domestic product (GDP) for 1998 was $5,987, 
and the mean annual inflation rate was 12%.
 
 1. Brief History
 
The Costa Rican state and legal systems stem from 
the Spanish colonial system, especially the 
Constitution -- a liberal one -- of 1812.

In legislative terms, the rules that govern the 
penal system are the 1949 Constitution, the 1970 
Penal Code (whose revision is well underway), the 
1996 Penal Procedural Code (which introduced the 
accusatory system), and the 1996 Penal Juvenile 
Justice Law (based on the definition of juveniles 
as subjects entitled to full rights and to de-
penalization measures, and on the need for 
integrated protection of minor offenders).  

The model of policing that prevailed in the 
European continent, characterized by its 
essentially repressive nature intended to maintain 
law and order, was the first one that the 
Spaniards introduced. Although the abolition of 
the army in 1949 formally eliminated the military 
features that for decades characterized the police 
forces in the other Latin American countries, it 
did not eradicate a certain confusion between the 
functions of a civil police force and those that 
the armed forces normally perform. The 1994 
General Police Law (Ley General de Polica) 
constitutes an important instrument for the 
modernization and professionalization of this 
sector.

Concerning the judicial realm, the 1887 Courts 
Organic Law (Ley Orgnica de Tribunales) 
established the basis for the current structure of 
the Judicial Branch (the Supreme Court, the 
Appellate Courts, and the Lower Courts). This law 
was strengthened in the 1949 Constitution through 
the creation of an administrative matters 
jurisdiction, the increase in the number of 
Supreme Court justices, the requirement of a two-
thirds vote of National Assembly congresspersons 
for the dismissal of the Supreme Court justices, 
and the establishment of a fixed budget for the 
Judicial Branch (6% of the nation's general 
budget). 

The Public Defenders Department (Departamento de 
Defensores Pblicos), attached to the Judicial 
Branch, was created in 1970 to ensure the 
application of the principle of equality before 
justice, and in 1973 the Prosecutorial Agency 
(Ministerio Pblico) and the Judicial 
Investigations Agency (Organismo de Investigacin 
Judicial, OIJ) became attached to the Judicial 
Branch. The current rules that govern this sector 
are represented by the 1993 Organic Law of the 
Judicial Branch (Ley Orgnica del Poder Judicial), 
that regulates all matters relative to the 
Superior Judicial Branch Council (Consejo Superior 
del Poder Judicial), responsible for the 
management and discipline of this branch, and law 
practice. Although the Costa Rican judicial system 
is regarded as one of the best in Latin America, 
critics allege it is highly vertical and that 
there is a concentration of power in the Supreme 
Court.

Lastly, the correctional system, regarded up to 
the 1950s as a mechanism devoted to the isolation 
and punishment of offenders, has considered the 
United Nations Minimum Rules; this process reached 
its height with the creation, in 1971, of the 
National Social Adjustment General Directorate 
(Direccin General de Adaptacin Social), the 
organization that governs the current system under 
the responsibility of the Ministry of Justice, and 
which emphasizes the treatment of individuals 
sentenced to prison.

An important modernization of the judicial system 
in its entirety has been in progress for the past 
5 years, with the financial co-operation of 
several international agencies (U.S. Agency for 
International Development (USAID), the Inter-
American Development Bank, and the United Nations 
Development Programme).
 
2. Legal System
 
As in the rest of the Latin American countries, 
the Costa Rican legal system belongs to the Roman-
Germanic (or continental-European) family. It is a 
system characterized by the importance it affords 
codification, legal definitions -- generally 
expressed in terms of abstract and general 
precepts -- the deductive method, and dogmatic-
theoretical legal constructs. However, the Anglo-
Saxon common law system -- especially its United 
States variant -- has greatly influenced aspects 
as important as the judicial constitution and 
organization model, the control of the 
constitutionality of the law by the Supreme Court, 
the habeas corpus civil rights protection remedy 
and, above all, the introduction of the accusatory 
system into the legal procedure.
 
 3. Political System
   
Since its independence from Spain in 1821, Costa 
Rica, which is comprised of seven provinces, 
remains the Latin American country with the most 
solid democratic tradition. Its latest 
constitution was drawn up in 1949, and both, the 
congresspersons of the unicameral Legislative 
Assembly, and the President of the Republic, are 
elected by popular vote every 4 years.
 
Section II: CRIME
 
1. Classification of Crimes
 
A. General legal classification of crime
 
In accordance with the seriousness of their 
consequences, the Penal Code recognizes two broad 
categories of punishable acts: felonies and 
misdemeanors. Felonies are classified according to 
the legal asset affected: life, property, sexual 
freedom, honor, the family, the administration of 
justice, human rights, etc. Misdemeanors 
correspond to similar categories but at a lower 
level of seriousness.
 
B. Age of criminal responsibility

The provisions and punishments provided for in the 
Penal Code are applied to persons over 18, while 
those 12 to 18 years old are subject to the 
Juvenile Penal Justice Law. A distinction 
concerning procedure, punishment, and application 
of punishment is made between two juvenile age 
groups: ages 12 to 15 and 15 to 18 years. Those 
under 12 must be referred by the penal courts to 
the National Children's Protection Board 
(Patronato Nacional de la Infancia), for the 
necessary care and follow up.
 
C. Drug offenses

According to the international legislation on drug 
offenses, which Costa Rica has approved, all drug-
related matters are governed by the 1991 Law on 
Narcotics, Psychotropic Substances, Non-authorized 
Drugs and Related Activities. This law provides 
for stiff prison terms for violators and their 
accomplices: 8 to 20 years for international 
traffic, distribution, trade, supply, manufacture, 
cultivation, production, transportation, storage 
and sale without being legally authorized; 6 to 12 
years in the case of public officials related, by 
virtue of their position, to the prosecution, 
investigation and custody of individuals related 
to the offenses defined by the Law, who may seek 
impunity or evasion concerning such individuals, 
or who may alter, conceal, or take evidence or 
cause such evidence to disappear; from 4 to 8 
years for those who foster or promote unauthorized 
consumption of drugs and for those who, being 
legally authorized, unnecessarily prescribe a 
larger dose than would be required; and from 1 to 
3 years for those who make facilities available 
for drug consumption. Unauthorized consumption of 
drugs in public places or in places accessible to 
the public is punished only with a fine equivalent 
to the salary of 60 to 180 days.
 
2. Crime Statistics
 
A-B-D. Crime data
   
The total number of crimes is given for the main 
offenses reported to the Prosecutorial Agency in 
1990, 1995, and 1999, as well as the respective 
rates per 100,000 inhabitants (table 1). It does 
not include data on attempts to commit the 
offenses indicated. These data show, among other 
things: a) a constant increase in the rates for 
all officially recorded crimes between 1990 and 
1999 (84%); b) a particularly important upward 
trend in the case of robbery (562%), fraud (131%), 
rape (100%) and theft (93%); c) a reduction in 
injuries between 1995 and 1999 (7%); d) the fact 
that in 1999 crimes against property represented 
56% of all offenses, while offenses against life 
represented 16%; and e) that drug-related offenses 
reported to the police or to the Prosecutorial 
Agency, or known to them are not high (3% of the 
entirety), although this percentage does not match 
reality (it is estimated that the actual number is 
very high in this sector).

Concerning petty offenses and misdemeanors, 55,815 
cases were recorded in 1999, especially in the 
province of San Jos (53%), that were filed for 
causes related to threats, petty theft, battery, 
and violations of the Health Law.
 
C. Definitions

Official statistics are available in Costa Rica 
for the police, judicial, and correctional levels. 
However, the data compiled by the Prosecutorial 
Agency, and which the judicial police (OIJ) 
started providing after the new Penal Procedural 
Code was in force, is closest to the real (crime) 
measures. Some offenses are reported to any 
judicial office in the country, while others are 
detected directly by the police, especially in 
cases where perpetrators are caught in the act, in 
which case they are recorded in their respective 
departments. Misdemeanors are generally filed in 
courts devoted to petty offenses. The statistics 
of the Prosecutorial Agency present data relative 
to all the offenses defined in the Penal Code and 
in several special laws (totaling more than 200 
categories, many of which are of little 
quantitative and qualitative importance). Also, 
some of the occurrences recorded are not offenses 
but actions that police personnel and prosecutors 
must carry out in the performance of their duties 
(for instance, investigate disappearances, deaths, 
and accidental injuries).

In general the level of reliability of the 
instrument mentioned is quite high. A uniform 
reporting and compiling method is used for the 
entire country, and all OIJ and Prosecutorial 
Agency offices regularly transmit their data to 
the Statistics Section of the Planning Department 
of the Judicial Branch, the entity in charge of 
receiving, compiling, classifying and processing 
the data submitted. 
 
E. Bibliographical references
 
Anuario de Estadsticas del Organismo de 
     Investigacin Judicial, Poder Judicial, 
     Departamento de Planificacin, 
     Seccin de Estadsticas (Statistical
     Yearbook of the Judicial Investigations 
     Agency, Judicial Branch, Planning 
     Department, Statistics Section).
 Anuario de Estadsticas Judiciales, Poder 
     Judicial, Departamento de Planificacin, 
     Seccin de Estadsticas (Judicial Statistics 
     Yearbook, Judicial Branch, Planning 
     Department, Statistics Section).
Chinchilla, Laura (1992), "La seguridad ciudadana: 
     el caso costarricense" ("Citizen Security: 
     the Costa Rican case"). Revista de Ciencias 
     Jurdicas (73): 9-39.
Carranza, Elas (1994). Criminalidad Prevencin o 
     promocin?. San Jos: EUED.
Carranza, Elas (1997). "Situacin del delito y de 
     la seguridad de los habitantes en los pases 
     de Amrica Latina" ("The status of crime and 
     citizen security in the Latin American 
     countries") in Carranza, Elas (co-ordinator), 
     Delito y seguridad de los habitantes. 
     Mxico: Siglo XXI Editores.
 
F.  Crime regions

In 1999 the province of San Jos accounted for 39% 
of all violations known or reported, followed by 
Alajuela (14%), Limn (10%), Cartago (9%), and 
Puntarenas (9%).
 
Section III:  CRIME VICTIMS
 
1.  Crime Victim Survey Findings  
 
According to the findings of a public opinion poll 
taken in February 1999, 27% of those interviewed 
indicated that a member of the household had been 
the victim of an offense within the preceding 12 
months. The most frequent offenses that caused 
victimization in the household were theft or 
assault in a public place (51%), theft or assault 
in the house (25%), and theft and assault in a 
public place with aggression (10%). Other offenses 
had lower rates: fraud (3%), and cases of physical 
aggression (2%) -- vehicle theft with aggression 
and rape or attempts thereof. Those interviewed 
among the upper middle and upper strata reported 
greater victimization than those among the middle 
and lower strata.

The data also show a high percentage of persons 
who did not report the occurrence to the competent 
authorities: theft or assault in a public place 
(79%), theft or assault in a public place with 
aggression (67%), vehicle theft (61%), and theft 
or assault in the house (53%).
 
2.  Victim Assistance. Number and Types of 
Agencies
 
The Prosecutorial Agency has a Victims' Civil 
Defense Office managed by an attorney who, in 
addition to handling civil actions for damages, 
sees to the observance of the rights of the 
victims of mandatory prosecution offenses.

The main official agencies that assist certain 
victims are the National Children's Protection 
Agency and the National Women's Institute 
(Instituto Nacional de las Mujeres - INAMU) that 
handles cases of violence within the household.
 
3.  Victim's Role
 
According to the 1996 Penal Procedural Code, the 
victim has, among others, the right to: 
* bring action for an optional prosecution offense 
(against honor, and unfair publicity); 
* initiate a penal action or join the cause 
already initiated by the Prosecutorial Agency in 
cases of mandatory prosecution offenses; 
* participate in the penal prosecution; 
* be informed about the final decisions; 
* appeal dismissals and acquittals; 
* control the decisions of the Prosecutorial 
Agency; 
* become a civil party to bring action for 
damages; 
* participate in the granting of precautionary 
measures to the accused. 
 
4.  Victims' Rights Legislation
 
In addition to the cited provisions of the Penal 
Procedural Code, there is a Law Against Domestic 
Violence (Ley contra la Violencia Domstica) that 
was passed in 1996.
 
Section IV:  CRIMINAL PROCEDURE AND RELATED 
MATTERS
 
The Penal Procedural Code provides for two 
procedures, the regular and the special. Special 
procedures consist of the following: the 
abbreviated procedure (the person accused admits 
the charges and accepts the application of this 
procedure); the procedure applicable to matters 
involving complex processing of the evidence 
(because of multiplicity of occurrences, a large 
number of accused individuals or victims, or cases 
related to the investigation of any form of 
organized crime); the procedure applicable to 
offenses subject to prosecution at the discretion 
of the victim (slander, denigration, defamation, 
and unfair publicity); the procedure for the 
application of security measures (admission into a 
psychiatric hospital, or into a special 
educational institution and submission to 
psychiatric treatment); the procedure to prosecute 
the members of the supreme branches of the State; 
the procedure to prosecute for misdemeanors; and 
the procedure for the revision of the conviction. 
The Costa Rican penal procedure does not provide 
for judgment by a jury.

In the case of regular trials (to which the 
following comments shall refer exclusively), the 
main phases are: the preparatory procedure 
(essentially to determine whether or not there are 
grounds for prosecution), the intermediate 
procedure (to decide whether to acquit or to 
prosecute), and the public and oral trial.
 
1.  Investigation, Search, Seizure, Detention
 
A-B. Sequences in the criminal justice process
 
The penal procedure starts with the report (either 
oral or written) that is filed with the Prosecutorial 
Agency, a court with penal competence, or the Judicial 
Police, by any person having knowledge of the commission 
of a mandatory prosecution offense. Once the report is 
filed, the agents of the Judicial Police must inform the 
Prosecutorial Agency about the occurrence and proceed, 
under the supervision and control of the prosecutor in 
charge of the investigation, to take the preliminary steps 
to gather or secure the elements that may lead to a conviction, 
and prevent those under suspicion from escaping or hiding. 

The Prosecutorial Agency is empowered to undertake 
the preparatory investigation tasks that do not 
require judicial authorization (for instance, 
those that may help to secure essential pieces of 
evidence and to identify the perpetrators and 
other participants), and to order the application 
of precautionary measures (especially preventive 
imprisonment of the accused). It must also 
authorize the presence of the parties in any 
actions it carries out. 

Control of the actions performed during this phase 
by the Judicial Police and the Prosecutorial 
Agency corresponds to the Preparatory Procedure 
Penal Court (Tribunal Penal del Procedimiento 
Preparatorio). This procedural stage ends with a 
request by the Prosecutorial Agency to the 
Intermediate Procedure Penal Court (Tribunal Penal 
del Procedimiento Intermedio) for the court to 
accept or to reject some of the following 
measures: dismissal of the case, acquittal, 
suspension of the probation process, application 
of the opportunity criteria, conciliation, and 
opening of prosecution.

The Penal Procedural Code also establishes that 
the police authorities may arrest any individual 
even without a court order, when such individual 
is caught during the commission of an offense, or 
when pursued immediately after attempting to 
commit it or after having committed it, when the 
person has escaped from a correctional institution 
or any other detention facility, or when there are 
proven indications of her or his participation in 
the commission of an offense. The police authority 
that arrests a person must expeditiously subject 
her or him to the authority of the Prosecutorial 
Agency, which may request the judge to order the 
preventive imprisonment of the accused if deemed 
necessary.

With the exception of being caught in the act, 
only the Prosecutorial Agency can order the 
detention of an individual, which cannot exceed 24 
hours. If the Prosecutorial Agency feels the 
person must be kept under custody for a longer 
period of time, it will refer her or him to the 
Preparatory Procedure Penal Court with the request 
to order preventive imprisonment or any other 
alternative measure; otherwise, it must order the 
release of the person.

The inspection of the place where the offense was 
committed is made by order of the Prosecutorial 
Agency; the order for a physical search of the 
accused or the search of her or his vehicle is 
made by the judge or prosecutor in charge of the 
investigation. Although entering into and 
searching a home must be ordered by a judge, under 
certain circumstances (fire, flood, or any other 
similar occurrence; distress signal (S.O.S.); 
pursuit of a suspect for commission of a serious 
offense who may enter any premises, etc.), this 
may be done without a court order by the 
Prosecutorial Agency or the police. 

Once the accused is under arrest, the prosecuting 
agent in charge of the investigation receives her 
or his statement immediately, or no later than 24 
hours from the time of the arrest. Before taking 
the statement, the agent must advise the accused 
that she or he may abstain from making a statement 
and that her or his silence will not harm or 
affect her or him, and that if she or he chooses 
to depose, her or his statement may be taken into 
consideration against her or him. The agent shall 
also advise the accused of her or his right to 
assistance from a defense attorney (whether 
private or provided by the State). The police may 
not take a statement from the accused. In the same 
sense, the General Police Law establishes that 
agents are obliged to explain the reason for the 
arrest and to inform the accused about her or his 
right to assistance by a defender and to abstain 
from deposing against her or himself.

According to the General Police Law, members of 
the police bodies may use force only when strictly 
necessary and to the extent required to comply 
with their duties. The violation of this precept, 
as well as any abuse of authority or mistreatment 
shall be regarded, even in the event that it is 
not an offense, as a serious fault that may 
warrant suspension without pay from 1 to 30 days, 
or dismissal for cause.

Members of the regular police force are regarded 
as officers of the Judicial Police when performing 
duties provided for in the Penal Procedural Code. 
In that case they are under the authority of the 
judges and prosecutors.
 
C-D. Evidence and certain investigative techniques
    
Evidence is of value only if obtained through 
legal means and incorporated into the prosecution 
per the provisions of the Penal Procedural Code. 
Unless it benefits the accused, information 
obtained through torture, mistreatment, duress, 
threats, trickery, undue intrusion into the 
privacy of the home, correspondence, 
communications, private papers and files, or 
through any other means that will discredit the 
will or violate the basic rights of individuals 
may not be used. The Costa Rican penal procedural 
legislation permits certain methods for obtaining 
evidence, such as phone tapping, taking and 
examining correspondence or any private documents, 
or testimony from informers) only if the pertinent 
judge authorizes it by means of a written and duly 
justified order.
 
E.  Police crime laboratories
 
The OIJ has laboratories for the analysis of the 
evidence gathered, and specialized personnel for 
this purpose (see Section IV, 11).
 
2.  Pretrial Release/Preventive Detention
 
A-B. Pretrial release and bail/Criteria
     
In order to avoid the preventive detention of the 
accused, the competent court, automatically or at 
the request of the party having an interest, may, 
order the application of other precautionary 
measures:
* home arrest; 
* the obligation to submit one's self to 
supervision or surveillance by a given person or 
institution; 
* the obligation to appear regularly before the 
court or the authority designated by the court; 
* the impossibility of leaving the country or the 
locality of residence without permission; 
* the prohibition to attend certain meetings or to 
visit certain places and to live together or 
communicate with certain given individuals; 
* the obligation to abandon immediately the home 
in case of aggression against women and children; 
* and the payment of adequate bail or 
precautionary amount. 

Payment of bail or precautionary amount may be 
personal or real. In order to determine the 
quality and quantity of this measure, factors are 
evaluated, such as the nature of the offense, the 
financial status, the personality and background 
of the accused, and the guarantor. The real 
precautionary measure shall consist of a deposit 
in cash, tradable assets, or the delivery of 
collateral or mortgages.
 
C. Preventive detention
 
Preventive detention of the accused may be ordered 
only by a judicial decision that is implemented to 
cause the least possible harm to those affected. 
Its duration must be proportionate to the term 
that could be applied in that case. The court may 
order preventive detention when: 
* there are sufficient conviction elements to 
maintain reasonably that the accused is the 
perpetrator of, or a participant in a punishable 
act; 
* there are grounds to suspect reasonably the 
possibility of flight; 
* there may be obstruction in the search for the 
truth or a continuation of the criminal 
activities; 
* and when the offense for which the accused is 
charged is subject to imprisonment. 

In order to limit the possible arbitrariness of 
the judge, the Penal Procedural Code specifies 
what is understood as the risk of an escape and 
obstruction in the search for the truth. The court 
may also order the accused held incommunicado for 
up to 10 consecutive days, on the basis of a 
justified decision, if it deems that she or he 
could strike a deal with accomplices or otherwise 
obstruct the investigation. Preventive detention 
lasts for 12 months and may be extended for an 
additional 12 months, and an extra term of 6 
months when a conviction is handed down.  Judicial 
decisions that result in preventive detention of 
the accused may be revised, replaced, changed, or 
revoked.  
 
D. Statistics
 
In Costa Rica, 19% of the correctional population 
awaited trial in 1999. This is the lowest 
percentage for all of Latin America, and it 
compares favorably to that of the most advanced 
countries. The time spent under detention is 
discounted from the term of the sentence imposed, 
if this is an applicable punishment.
 
3. Legal Rights of Suspects/Accused
 
Pursuant to both the Constitution and the Penal 
Procedural Code, the accused is entitled to the 
following rights:
* to be assisted by a defense attorney; 
* not to be forced to incriminate her or himself 
or a close relative; 
* not to be detained without a proven indication 
that she or he would have committed an offense and 
without a written order issued by a judge or an 
authority responsible for law and order; 
* benefit from a final judicial decision within a 
reasonable period of time; * be regarded innocent 
during all stages of the prosecution until 
declared guilty through a final decision; 
* not to be sentenced or subject to a security 
measure except through a prosecution consistent 
with the Penal Procedural Code and in strict 
observance of the guarantees and rights 
established for the individual; 
* and not to be tried more than once for the same 
violation.

The right to a full defense is recognized from the 
start of the penal prosecution to the conclusion 
of the application of the punishment. To this 
effect, the accused can choose a defender that she 
or he trusts; in its absence, a public defender 
shall be assigned to the case.
 
4. Investigation and Case Preparation
 
As previously indicated (IV, 1, A-B), Judicial 
Police agents must, under the supervision and 
control of the prosecutor in charge of the 
investigation, carry out the preliminary 
operations to gather or secure evidence and to 
prevent the escape or concealment of suspects.  
For its part, the Prosecutorial Agency can perform 
the duties relative to the preparatory 
investigation that do not require judicial 
authorization. The control of all operations 
conducted during this phase by constables and 
prosecutors corresponds to the Preparatory 
Procedure Penal Court.

In general, the penal action corresponds to the 
Prosecutorial Agency, although in certain cases 
the complainant may bring action. In the preceding 
legislation the investigation was the 
responsibility of an investigative judge, who has 
been replaced in the current code by a "judge of 
guarantees."
 
5. Pretrial Diversion
 
A. Administration
 
The 1996 Penal Procedural Code introduced several 
alternative measures intended to decongest the 
courts and accelerate trials. Among them are the 
principle of opportunity (applicable in the case 
of: insignificant occurrences; collaboration 
provided in matters of violent or serious 
organized crime; or cases involving complex 
proceedings, etc.), discontinuance of the case by 
the complainant, reconciliation between the 
violator and the victim, and conditional 
suspension of the punishment. All of these 
measures must be requested by the Prosecutorial 
Agency to the Intermediate Procedure Penal Court.
 
B. Statistics
 
Due to the novelty of the measures in the 1996 
Penal Procedural Code that did not exist in the 
preceding legislation, the statistical data show 
limited recourse in use of pretrial diversion 
options. Thus, of the 102,441 cases concluded in 
the penal prosecutor's departments in 1999, the 
prosecutors requested the competent court to apply 
conciliation only in 3,650 cases (4%), and the 
opportunity criteria in 1,631 cases (2%). Most of 
the requests formulated by the Prosecutorial 
Agency refer to case dismissal(26%), which the 
courts accepted in 46% of the cases.  
 
6. Case Dismissals
 
Once the preparatory procedure is completed, the 
request formulated by the Prosecutorial Agency is 
examined during the intermediate procedure, to 
establish whether the case will be dismissed 
(provisionally or finally), or entered into an 
oral and public trial. This decision is made by 
the Intermediate Procedure Penal Court after a 
hearing that is attended by the prosecutor and the 
defense attorney.

Of the 102,441 cases heard by the penal 
prosecutor's departments in 1999, there were only 
9,956 cases (10%) with a final dismissal 
requested, and 8,179 cases (8%) with the opening 
of a trial requested.
 
7. Convictions Without Trials
 
The plea bargaining practice does not exist in 
Costa Rica.
 
8. Trials
 
A. Description
 
The last phase of the penal proceedings is the 
trial, that must be held in an oral, public, 
adversarial, and continuous manner within 1 month 
from the receipt of the results of the preceding 
stage. It starts with the deposition of the 
accused, the receipt of evidence, the depositions 
and interrogation of expert witnesses and 
witnesses, the presentation of the final 
allegations by the parties, the deliberation of 
the judges, and the handing down of the judgment 
(either an acquittal or a sentence).
 
B. Outcomes at trial
 
In 1999, of the 9,001 cases cleared by the courts 
(whether comprised of one or several judges), 
4,301 (48%) ended with a judgment; 3,294 (37%) 
with a dismissal; and 207 (2%) with a decision of 
lack of jurisdiction. Of the 4,301 cases that 
ended with the handing down of a sentence, 2,332 
cases (54%) resulted in a conviction affecting 
3,186 persons, and 1,227 cases (29%) resulted in 
acquittals involving 2,009 persons.

Coincident with the 1996 Penal Procedural Code, 
there was an important reduction in the number of 
cases that ended with the handing down of a 
judgment. Thus, while the figures were 10,836 
cases for 1995, 11,888 cases for 1996, and 14,283 
for 1997, in 1998 these figures fell to 4,797, and 
to 4,301 in 1999. There are two possible reasons 
for such reduction. The first is having recourse 
to alternative measures provided for in the new 
penal procedural legislation. As indicated 
already, it is quite limited. The second is an 
excessive number of traffic cases (50% of the 
total in 1999), whose processing can be more 
expeditious.

Abbreviated procedures, intended to reduce the 
number of cases tried in court, were scarcely used 
within the first 2 years of the introduction of 
the 1996 Penal Procedural Code. In 1999, the 
prosecutors used them in 107 cases (0.1% of the 
total of finished cases), and the courts in 597 
cases (1%).
 
9. Sentencing and Penology
 
A-B. Discretion and sentencing
 
Once the debate is closed, the judges deliberate 
in a secret session immediately and without 
interruption, for a period not to exceed 2 days.  
During the deliberation, they assess the evidence 
produced in the course of the prosecution, 
according to the rules of reasoned judgment (sana 
crtica).  The decisions are adopted by a majority 
vote, and the judicial decision is worded and 
signed immediately after the deliberation. Next, 
the court summons the parties verbally, and the 
judicial decision is read aloud by the secretary 
to those in attendance.

There is no special guide in Costa Rica to 
determine sentencing. The decision of the judges 
(one or several) is based on the provisions of the 
Penal Code and the Penal Procedural Code. The 
submission of a pre-judgment report by 
psychiatrists, psychologists or social workers is 
not explicitly provided for, except within the 
framework of tests by experts.
 
C. Probation
 
The closest that there is to probation is the 
suspension of the procedure based on the testing 
of the conduct of the accused, that must be 
requested by the accused before the opening of the 
trial, in cases where the conditional application 
of punishment through suspension applies. The 
granting of this benefit is subject to the 
requirement that the accused admit the charges. 
The request must contain a plan for the reparation 
of the damage caused by the commission of the 
offense, and a list of terms and conditions with 
which the accused will comply. The plan may 
consist of conciliation with the victim and 
reparation (either real or symbolic) of the damage 
caused.

Among the terms and conditions to be complied with 
during a term of not less than 2 years and not 
more than 5, are: to live at a given location, not 
to visit certain places or associate with certain 
persons, to abstain from using drugs or from 
excessive consumption of alcoholic beverages, to 
participate in special treatment programs, to 
submit to medical or psychological treatment, to 
start or end elementary school, to learn a 
profession or trade, to take training courses, to 
provide services to the State or public welfare 
institutions, to accept being under surveillance, 
not to own or carry weapons, not to drive, etc.

In 1999, this measure was requested by the 
prosecuting agents only in 459 cases (0.4% of the 
total of cases concluded).
 
D. Penalties
 
The Penal Code establishes the following 
penalties: imprisonment (not to exceed 50 years), 
fine (established on the basis of units consisting 
of a day's salary), expulsion of a foreigner from 
the country for a term of 6 months to 10 years, 
and qualification (for instance to perform in 
public positions or to practice a profession, and 
to hold parental rights or the custody of 
children). In handing down a sentence, the judge 
has the power to apply conditional application of 
punishment when the applicable penalty does not 
exceed 3 years imprisonment of estrangement. In 
order to impose a penalty, the judge must take 
into consideration the seriousness of the offense 
and the personality of the perpetrator (as 
determined by the Criminology Institute).

Most offenses are punishable with imprisonment. 
For instance, simple homicide (12 to 18 years), 
qualified homicide (20 to 35 years), serious 
injuries (1 to 6 years), rape (10 to 16 years), 
kidnaping (4 to 12 years), theft (1 month to 3 
years), robbery with the use of force against 
objects (6 months to 6 years), robbery with 
violence against persons (3 to 9 years), fraud (2 
months to 10 years), damages (15 days to 1 year, 
or a fine of 10 to 100 day salaries), arson (5 to 
10 years), abuse of authority (3 months to 2 
years), unlawful enrichment (6 months to 2 years), 
embezzlement (3 to 12 years), and genocide (10 to 
25 years). The penalty of day salaries, which is 
calculated on the basis of the financial condition 
of the accused, is provided for in the case of 
defamation (10 to 50 days), slander (50 to 150 
days), libel (20 to 60 days), misappropriation (30 
to 90 days), racial discrimination (20 to 60 
days), and misdemeanors. Disqualification and a 
penalty of imprisonment from 2 to 6 years shall be 
applied in the case of fraudulent bankruptcy.

In 1999, 3,186 persons were sentenced by the 
courts (comprised of one or more judges) as 
follows: 168 (5%) to the payment of fines 
consisting of a number of day salaries, 1,916 
(60%) to prison, 12 (0.4%) to a security measure, 
and 1,090 (34%) to the conditional application of 
the penalty.
 
E.  Death penalty
 
There is no death penalty in Costa Rica. This 
punishment was abolished in 1877. 
 
10. Appeals
 
In order to challenge the decisions of the 
judicial bodies, the Penal Procedural Code 
provides for the remedies of revocation, appeal, 
and cassation. The revocation remedy applies to 
decisions concerning a procedural step, in order 
that the same court that made the decision re-
examines the matter. The appeal applies only to 
decisions of the preparatory and intermediate 
courts, provided they are deemed subject to 
appeal, cause irreparable damage, end the penal 
action, or hamper the continuation of penal 
action. The remedy of cassation before the Supreme 
Court or the Penal Cassation Court applies when 
the decision ignored or erroneously applied a 
legal precept; such court shall intervene 
especially against the judgment and the dismissal 
handed down by the trial court.

In 1999, the penal courts heard 4,862 appeals from 
the penal courts, the Prosecutorial Agency, the 
penal application system, and other offices. Of 
the 4,722 decisions adopted, 2,736 (58%) confirmed 
the appeal, 719 (15%) revoked it, 97 (2%) changed 
it, and 160 (3%) annulled it.

That same year, the 2002 cases filed with or 
pending at the Penal Section of the Supreme Court 
resulted in 1,588 decisions (63% overruling, 25% 
sustaining). At the Penal Cassation Court, of the 
688 cases filed or pending, 41% were dismissed or 
rejected.
 
11. Parole
 
According to the Penal Code, all those sentenced 
to prison can request the competent judge to grant 
conditional release upon completion of half their 
imposed term. In this case, the judge requests the 
Criminology Institute, an entity attached to the 
correctional system, to make a criminological 
diagnosis and prognosis of the inmate, as well as 
a report indicating whether the applicant has 
complied with the basic treatment ordered. The 
Criminology Institute may also at any time request 
the conditional release if the judge would have 
denied the benefit when applied for by the inmate. 

Conditional release may be granted if the 
applicant has not been previously convicted for a 
common offense punishable with imprisonment of 
more than 6 months, and the Criminology Institute 
informs about the good conduct, services 
performed, occupation and skills acquired by the 
inmate, and submits a study of her or his 
personality and social milieu, as well as an 
opinion in favor of the desirability of this 
measure. In granting parole, the judge may impose 
conditions upon the inmate as she or he deems 
appropriate, in accordance with the report 
submitted by the Criminology Institute. 

By extrapolating the monthly data it is noted that 
240 conditional releases were granted during the 
year 2000.
 
12.  General Case Flow and Other Data
 
In 1999 the flow of cases filed with the judicial 
system showed 8% of concluded cases of the 
Prosecutorial Agency went to trial (figure 1). 
Data was also available on the main decisions 
adopted with respect to the preparatory and 
intermediate phase courts, and trial courts.

With the data from the three jurisdictional levels 
it is possible to draw the following comments: a) 
Requests and actions for the opening of a trial 
were of little numerical importance in terms of 
decisions adopted by the Prosecutorial Agency and 
the preparatory and intermediate procedure courts 
(between 8% and 6%); b) The trial courts handed 
down judgment in almost one-half the number of 
cases filed. Guilty sentences were handed down in 
more than half the number of cases so resolved. c) 
The most frequently imposed penalty was 
imprisonment, followed by conditional application 
of punishment.

The average time period between the submission of 
a report and the handing down of a first-instance 
judgment at the penal courts in 1999 was 19 months 
and 1 week. 
 
Section V:  POLICE
 
The enactment in 1994 of the General Police Law 
(Ley General de Polica) constituted a notable 
step forward for Costa Rica, in a sector 
traditionally regarded as a "political booty," and 
whose professionalization was permanently impaired 
by the total turnover of police personnel in its 
entirety by every new administration. This law, 
for the first time, equipped the country with a 
legal framework that enables it to guarantee 
aspects of police function as important as the 
determination of the basic principles of police 
intervention, stability on the job, and 
professionalism. However, as a consequence of the 
abolition of the army in 1949, a certain confusion 
between police and military functions has 
continued.

Pursuant to the General Police Law, the forces in 
charge of public security are subordinated to the 
power of the civil society and at the service of 
the community. In accordance with the provisions 
of international legislation (essentially the Code 
of Conduct for Law Enforcement Officials, approved 
in 1979 by the General Assembly of the United 
Nations;  the Declaration on the Police, adopted 
that same year by the Council of Europe; the 
International Covenant of Civil and Political 
Rights; and the American Convention of Human 
Rights), the basic principles of police 
intervention, as well as the general powers of the 
country's police forces are also determined by 
this law.  Lastly, one of the main contributions 
of the law has been the provision of a legal basis 
for the existence of the National Security Council 
(Consejo Nacional de Seguridad), established at 
the beginning of the eighties with the purpose of 
defining the general policies of the different 
police bodies of Costa Rica.
 
1. Administrative Organization
 
The following police forces are in charge of 
public security: the Intelligence and National 
Security Directorate (Direccin de Inteligencia y 
Seguridad Nacional) and the Special Intervention 
Unit (Unidad Especial de Intervencin), attached 
to the Presidency of  the Republic; the Civil 
Guard (Guardia Civil), the Rural Guard (Guardia 
Rural), the Border Police (Polica de Fronteras), 
the Drug Control Police (Polica del Control de 
Drogas) and the Immigration and Alien Affairs 
Police (Polica de Inmigracin y Extranjera), 
attached to the Ministry of Public Security; the 
Correctional Police (Polica Penitenciaria) of the 
Ministry of Justice; and the Traffic Police 
(Polica de Trnsito), attached to the Ministry of 
Public Works and Transportation. 

In addition, the President of the Republic may, in 
order to handle emergencies or exceptional 
situations, organize temporarily and convoke the 
Police Reserve (Polica de Reserva). The 
investigation of criminal acts corresponds to the 
Judicial Investigations Agency (OIJ) and the 
Ministry of the Treasury (Fiscal Control Police, 
Polica de Control Fiscal), and some municipal 
governments have special police departments.

For a relatively small country in terms of 
geographical area and population, Costa Rica has a 
large number of police forces (11 without counting 
municipal police bodies), and ministries or 
institutions involved in police matters (6). One 
of the main reasons alleged for the adoption of 
this system is fear of the development of a 
"police State."
 
2. Annual Budget
 
The 2001 budget for police services attached to 
the Ministry of Public Security, numerically the 
most important in the country, amounted to $90.5 
million USD (U.S. dollars), that is, $2,262 
million USD per 100,000 inhabitants. The Traffic 
Police budget, which was much higher despite the 
fact that it had a smaller payroll, was equivalent 
to $5.3 million USD (approximately $131,000 USD 
per 100,000 inhabitants). The budget for the OIJ 
was $251 million USD.
 
3. Number of Personnel
 
In May 2001 the staff of the Costa Rican police 
consisted of 15,239 members distributed as 
follows: 136 in the Ministry of Information, 
11,346 in the Ministry of Public Security, 2,258 
in the Ministry of Justice, 702 in the Ministry of 
Public Works and Transportation, 35 in the 
Ministry of the Treasury, and 762 in the OIJ. This 
results in a ratio of 381 police per 100,000 
inhabitants.

In the same year, female police officers accounted 
for less than 7% of the total of members in the 
OIJ, 5% in the Ministry of Public Security, and 3% 
in the Traffic Police.
 
4. Qualifications and Entry Requirements and 
Removal
 
In order to become a member of any of the forces 
provided for in the General Police Law, applicants 
must be Costa Ricans, older than 18 without a 
police record, who have completed the third cycle 
of Basic General Education. They must be 
physically and morally able for the performance of 
their duties, take the tests and examinations 
required by the law, and pass a test period of 6 
months. Candidates who qualify are admitted to the 
National Police Academy, where they submit 
themselves to medical, physical, intellectual and 
psycho-technical tests, as well as attending an 
interview.

Concerning OIJ members, the admission requirements 
include being of legal age and having a perfect 
conduct record. They must have finished 
Diversified Education Studies, and passed the 
basic course taught at the Judicial School.  
Required skills include typing, having the ability 
and physical conditions for the performance of 
their duties, and having a driver's licence in the 
case of agents. Requirements for the Director and 
Deputy Director include being a Costa Rican 
attorney, and having done studies in this specific 
field.
 
5. Initial and In-Service Training
 
The training of police staff as provided for in 
the General Police Law takes place at the National 
Police Academy, a civil-oriented and democratic 
institution that defends human rights. The Academy 
provides the following mandatory courses or 
programs: Basic Police Program, Non-commissioned 
Officer's Program, Officer's Program, and Police 
Training Program. In addition, it may offer 
courses or programs in police matters.

The basic course lasts 6 months and covers the 
following areas: humanistic, juridical, and 
technical police studies. Passing these courses is 
a prerequisite for graduation and promotion. The 
police training system includes scholarships in 
the country or abroad, which usually apply to 
high-ranking officers. Since 1995, 2,166 students 
have graduated. 

The Academy has 49 permanent instructors, as well 
as guest teachers for short lectures and small 
workshops.

OIJ agents study at the Judicial School, where the 
programs relative to judicial police matters are 
jointly prepared by the Judicial Branch and the 
OIJ.
 
6. Starting Salary 
 
At the beginning of 2001, the basic monthly salary 
at the time of admission was approximately $273 
USD in the independent services of the Ministry of 
Public Security, a 25% minimum supplement applying 
to those who benefitted from the police career. 
Traffic police not allowed to perform duties of 
any other nature had a monthly salary of 
approximately $615 USD; OIJ agents had a basic 
salary of approximately $460 USD and a final 
salary (for considerations of risk and other 
incentives) of $590 USD.
 
7. Accountability
 
In addition to the controls applied by several 
external organizations such as the Prosecutorial 
Agency (in cases of offenses committed by members 
of the police institution), the Ombudsman or the 
media, the main control mechanism concerning 
actions by the police is the internal one, set up 
to handle violations that police staff members 
might commit in the performance of their duties. 
The General Police Law establishes the category of 
violations (serious and minor) and sanctions 
(warning, suspension without pay from one to 30 
days, and dismissal for cause), as well as the 
procedure to follow against the members of the 
police bodies with respect to discipline.

With respect to police services attached to the 
Ministry of Public Security, internal control is 
the responsibility of the Police Inspection 
Department, where approximately 200 complaints are 
filed every month, especially for leaving the 
post, absenteeism due to alcoholism, and abuse of 
authority. In the OIJ, complaints are investigated 
by the Office of Internal Affairs, which reported 
659 cases in 1997, especially for damages against 
police assets (vehicles and equipment), default in 
the performance of duties, absenteeism, and abuse 
of authority.
 
8. Legal Authority
     
The legal basis for police intervention in Costa 
Rica are the pertinent provisions of the 
Constitution, the international legislation, the 
Penal Code, the Penal Procedural Code, and the 
respective organic laws thereof.
 
9. Relation to the Military
 
Because of the abolition of the army in 1949, the 
police departments do not have any such relations. 
However, the abolition has, since its inception, 
posed the problem of which State institution 
should undertake the functions traditionally 
entrusted to the armed forces. In Costa Rica, this 
situation has led to ambiguity in the functions of 
the Border Police (which in other countries are 
the responsibility of the army), the training 
programs (which must, as already indicated, be of 
a civilian nature), and weaponry (since the 
purchase and use of heavy material are frequent).
 
10. Union
 
In Costa Rica police bodies governed by the 
General Police Law, which does not contain any 
provisions on this matter, do not have labor 
unions. However, the OIJ has an investigators' 
union with a membership of some 200 agents.
 
11. Technological Infrastructure
 
A. Identifications systems
 
Citizens may be identified through the National 
Identity Card, which everyone of legal age must 
have. In matters that are more specifically 
related to police work, the OIJ has a computerized 
system for the identification of suspects 
(fingerprints, robot photographs, etc.), and 
forensic laboratories specializing in the 
different criminal investigation methods 
(ballistics, etc.).
 
B. Vehicles
 
In 2001, the police services attached to the 
Ministry of Public Security had 586 four-wheel 
vehicles, 427 motorcycles, and some 50 bicycles, 
in addition to communication equipment. 

That year the Traffic Police had 117 cars, 80 
pick-up trucks (40 of them 4-wheel drive and 40 
single drive), 16 tow trucks, one platform to 
transport vehicles, and 113 motorcycles (750 to 
1,100 cc), as well as a radar service; all cars 
had a radio connection to a base station. The OIJ 
had 336 4-wheel vehicles: 190 for regular patrol 
duty and the rest for undercover investigations, 
prisoner transportation and other duties.
 
C. Weapons
 
The regulation weapon for police services governed 
by the General Police Law is the 9 mm pistol or 
the .38 caliber revolver. M-16 rifles are also 
used for the protection of certain facilities, and 
UZI machine guns are used by some specialized 
units. The OIJ uses the same types of weapons, the 
heaviest ones being reserved for the emergency 
unit (Immediate Intervention Police Service).
 
D. Surveillance
 
The OIJ has teams for the surveillance of persons 
suspected of having committed an offense, such as 
electronic hearing devices, video recordings, etc. 
As indicated before, the other police body that 
uses such methods, the Intelligence and National 
Security Directorate, did not provide the 
information requested.
 
E. Radios
 
In general, all police cars have radios connected 
to a base station set up at the headquarters of 
each service. There is no central station that 
receives and processes all crime-related data.
 
F. Computers
 
The Costa Rican police services normally have 
computerized equipment, used mainly for 
administrative purposes, and in the main cities of 
the country.
 
12. Special Policies
 
Only the police force that is attached to the 
Ministry of Public Security has applied, between 
1996 and 1998 and on an experimental basis, the 
community police model in one of San Jos's 
counties. After this, programs of this type have 
consisted of the organization of the communities 
for preventive purposes. Although in May 2001 the 
government announced the existence of more than 
one thousand organized communities, such 
organization is merely formal; no specific action 
plans have been established, nor have mechanisms 
for follow up and evaluation been provided.
 
Section VI:  PROSECUTORS
 
The Prosecutorial Agency (Ministerio Pblico), 
whose Organic Law was enacted in October 1994 and 
reformed in December 1997 by the Judicial 
Reorganization Law, is a body of the Judicial 
Branch that enjoys total functional independence 
in the exercise of its legal powers. Its main 
function is to initiate penal action when an 
offense has been committed. Pursuant to the Penal 
Procedural Code, its powers have been enhanced, 
being in charge, above all, of the preparatory 
investigation of mandatory prosecution offenses, 
with the assistance of the Judicial Police, which 
used to correspond to the former investigative 
judge (juez de instruccin).  
 
1. Administrative Organization
 
A. Structure
 
Under the authority of the Prosecutor General of 
the Republic, the Prosecutorial Agency is 
comprised of the adjunct prosecutor's departments, 
prosecutor's departments, and auxiliary 
prosecutor's departments. The adjunct prosecutor's 
departments, created by the Supreme Court at the 
request of the Prosecutor General, shall act in a 
given territory or by specialization. The 
prosecutor's departments, and auxiliary 
prosecutor's departments deemed necessary shall be 
attached to them, depending on the activity or 
territory where they must comply with their 
duties. The Prosecutorial Agency has a Victims' 
Civil defense Office headed by an attorney with 
the category of associate prosecutor.
 
B. Private prosecutors 
 
As already indicated, all persons who feel harmed 
by an optional prosecution offense (slander, 
defamation and unfair publicity) may file a 
complaint. In mandatory prosecution offenses, the 
victim and her or his legal representative (in the 
case of minors or disability) may trigger the 
penal action or join the action already brought by 
the Prosecutorial Agency.
 
2. Annual Budget
 
The Prosecutorial Agency budget for the year 2001 
was $18.5 million USD, representing $463,000 USD 
per 100,000 inhabitants.
 
3. Number of Personnel
 
Of the total of 252 prosecutors (6% per 100,000 
inhabitants), 19 are adjunct prosecutors, 46 are 
prosecutors, and 186 are auxiliary prosecutors.
 
4. Qualifications and Entry Requirements
 
The Prosecutor General is appointed for a period 
of 4 years by the vote of the absolute majority of 
the total number of members of the Supreme Court;  
she or he may be reelected for equal duration 
terms. The requirements are the same as those for 
Supreme Court justices. Applicants must be Costa 
Rican, over 35 years of age, not a member of a 
religious order, and attorneys.

The Prosecutor General is responsible for the 
appointment on the basis of a roster of all the 
prosecutors, who must be Costa Rican, of legal 
age, of proven moral solvency, qualified for the 
position, and attorneys. In order to be appointed 
permanently as an adjunct prosecutor, a minimum of 
2 years of actual experience as a prosecutor is 
required, and in order to be appointed as a 
prosecutor, an experience of 1 year as an 
auxiliary prosecutor is required.  
 
5. Initial and In-Service Training
 
The Training and Supervision Unit, headed by a 
staff member with broad experience and in the 
category of an adjunct prosecutor, is in charge of 
organizing the training programs for Prosecutorial 
Agency personnel, in co-ordination with the 
Judicial School.  
 
6. Starting Salary
 
At the beginning of 2001, the basic monthly salary 
of an auxiliary prosecutor was approximately $984 
USD.
 
7. Accountability
 
Prosecutorial Agency staff members are liable for 
their actions in the penal and the civil domains. 
For the application of sanctions against the 
Prosecutor General, the procedure established in 
the Organic Law of the Judicial Branch shall be 
applied, but the revocation of the appointment 
requires the vote of two thirds of the total 
number of members of the Supreme Court. The other 
members of the Prosecutorial Agency are subject to 
the discipline rules established by the Organica 
Law of the Judicial Branch (see Section VIII, 7). 
Among others, the Prosecutor General has the power 
to revoke the appointments of the prosecutors and 
to hear the appeal against the decision of the 
Judicial Inspection Court whereby such 
appointments are revoked.

In 1999, the Prosecutorial Inspection Unit 
gathered information about 232 cases, the most 
frequent being those relative to negligence, the 
disappearance of documents, discourteous 
treatment, abuse of authority, and delays. Of the 
128 decisions adopted, 104 were filed away, 64 
were dismissed, and 27 warranted  the application 
of a sanction (14 warnings, 10 reprimands, and 3 
suspensions), especially against auxiliary 
prosecutors. In addition to this Unit, the 
Judicial Inspection Court may admit complaints 
concerning the conduct of prosecutors and, 
whenever pertinent, apply the sanctions imposed 
(see Section VIII, 7).
 
8. Discretion
 
The powers of the prosecutors have already been 
analyzed in the section devoted to the penal 
procedure (Section IV, 1-7).
 
9. Technology
 
The Prosecutorial Agency is well equipped with 
computers and a recording system that reports the 
activities of the agency to the statistics section 
of the Judicial Branch.
 
Section VII: DEFENSE BAR
 
In Costa Rica, the defense of the accused may be 
undertaken by a private defense attorney or by a 
public defender when the accused does not have the 
sufficient financial resources to pay for a 
private lawyer's fees. This section refers only to 
public defense, which is guaranteed by the Public 
Defenders Department.
 
1. Administrative Organization
 
The Public Defenders Department depends 
administratively (not technically or 
professionally) on the Superior Council of the 
Judicial Branch. Its head is appointed by the 
Supreme Court; she or he must be Costa Rican, an 
attorney, and over 30 years old; she or he must 
have ample experience in the processing of 
judicial matters. Public defenders are appointed 
by the head of the Department; they must be of 
legal age and attorneys. The public defense shall 
have also the number of auxiliary personnel 
required to collaborate with the defenders in the 
performance of their duties, subject to the 
requirement of having passed at least the third 
year of law studies. If no attorneys are available 
in any given territorial jurisdiction, graduates 
of the departments or schools of law, or last year 
students may be appointed as defenders.
 
2. Annual Budget
 
For 2001 the budget for the Public Defenders 
Department was approximately $9.4 million USD, 
equal to $235,800 USD per 100,000 inhabitants.
 
3. Starting Salary
 
The basic monthly salary of a public defender at 
the time of her or his admission into the service 
is similar to that of the prosecutors.
 
4. Accountability
 
The Superior Council of the Judicial Branch is 
responsible for exercising disciplinary powers 
over public defenders. In 1999 only seven 
complaints were filed against public defenders.
 
Section VIII:  JUDICIARY
 
1. Administrative Organization
 
Pursuant to the Organic Law of the Judicial 
Branch, the judiciary is comprised of the 
following main organizations: the Supreme Court 
(Corte Suprema), the multi-judge courts 
(Tribunales Colegiados), the first instance and 
the penal courts (Juzgados de Primera Instancia y 
Penales), the petty offenses and misdemeanors 
courts (Juzgados de Menor Cuanta y 
Contravencionales), and certain auxiliary entities 
(such as the Prosecutorial Agency, the Public 
Defense, the Judicial Investigations Agency, the 
Judicial School, and the administrative services). 
The Superior Council of the Judicial Branch 
(Consejo Superior del Poder Judicial) reports to 
the Supreme Court, and it is responsible for the 
management and discipline of the Branch.

The Supreme Court is the superior court of the 
Judicial Branch and it also acts as its governing 
body. It is comprised of 23 senior justices and 50 
deputy justices; it is divided into three 
Cassation Sections, each consisting of 5 justices, 
and the Constitutional Section, with 7 justices. 
The First  Section hears civil, commercial and 
administrative conflicts cases; the Second 
Section, family, inheritance and labor matters; 
the Third Section penal cases; and the Fourth 
Section habeas corpus, civil rights protection and 
unconstitutionality matters. 

The 21 multi-judge courts in existence in the 
country are competent to hear appeals to cases in 
all areas (civil, penal, family, etc.).  In penal 
matters, the trial courts, comprised of at least 
four judges, act in the first instance in cases of 
offenses punishable with terms of more than 5 
years.  The Penal Cassation Court acts in cases of 
appeal, cassation and revision of the trial court 
decisions. The 121 first instance and penal 
courts, generally comprised of one judge, hear in 
the first instance the same matters as the courts 
with several judges.  In the penal domain, they 
examine the preparatory and the intermediate 
procedures, as well as appeals in misdemeanor 
cases. The 82 petty offenses and misdemeanors 
courts, which are also comprised of a single 
judge, take care of cases of little importance and 
misdemeanors.
 
2. Annual Budget
 
According to the Constitution, the budget of the 
Judicial Branch must not be less than 6% of the 
general budget of the nation. For 2001, this 
budget, which includes the courts, the 
Prosecutorial Agency, the Public Defenders 
Department, and the OIJ, amounted to approximately 
$140 million USD, that is, some $3.5 million USD 
per 100,000 inhabitants.
 
3. Number of Personnel
 
In April 2001 there was a total of 611 justices 
and judges, distributed as follows: 73 in the 
Supreme Court, 163 in the multi-judge courts, 283 
in the first instance and penal courts, and 92 in 
the petty offenses and misdemeanors courts. Among 
them, approximately 10% were females, although it 
is difficult to determine the exact number due to 
frequent changes, since most female judges hold 
temporary appointments.	There are in Costa Rica 
15.3 judges per 100,000 inhabitants.
 
4. Qualifications and Entry Requirements
     
The Supreme Court justices are elected by the 
Legislative Assembly by simple majority of votes 
and for a period of 8 years that may be extended 
for an additional similar term; non-re-election 
requires the negative vote of two-thirds of the 
total number of congresspersons. The cassation 
justices and judges of the multi-judge courts are 
appointed by the Supreme Court. All other judges 
are appointed by the Superior Council of the 
Judicial Branch. Candidates must be Costa Rican, 
older than 35, not members of religious orders, 
and attorneys. 

In order to serve as cassation justices candidates 
must be Costa Rican, older than 35, and attorneys. 
They must also have practiced the profession for 
10 years. In order to be a member of the multi-
judge courts, candidates must be Costa Rican, 
older than 30, and attorneys. Also, they must have 
practiced the profession for 6 years. The 1993 
Judicial Career Law governs all matters relative 
to appointments, selection, promotion, transfer, 
dismissal and remuneration of personnel.
 
5. Initial and In-Service Training
 
The training of all judicial personnel corresponds 
to the Judicial School, which started to operate 
in 1964.
 
6. Starting Salary
 
At the beginning of 2001, the starting basic 
monthly salary for a judge at the lower level was 
$935 USD.
 
7. Accountability
 
Concerning control of the performance of judicial 
officials, the Organic Law of the Judicial Branch 
establishes that the matter of discipline 
corresponds to the Supreme Court (with respect to 
its members), and to the Superior Council of the 
Judicial Branch, with assistance from the Judicial 
Inspection Court in all other cases. In addition, 
the law itemizes the violations that judicial 
officials could commit (categorized as very 
serious, serious, and minor), and determines the 
procedure to be observed and the sanctions 
applicable (warning, written reprimand, 
suspension, and dismissal).

In 1999, 1,353 persons were reported to the 
Judicial Inspection Court, of which 1,208 belonged 
to the judicial domain: 1,015 judges, 53 
prosecutors, 7 public defenders, and 133 officials 
in other categories. 205 sanctions were imposed, 
including 72 warnings, 49 reprimands, and 58 
suspensions.
 
8. Technology
 
As in the case of the Judicial Branch as a whole, 
the courts are well equipped with computers and a 
recording system that reports on their activities 
to the statistics section of the Branch.
 
Section IX: PROBATION
   
There is no probation system in Costa Rica.
 
Section X: PRISON, JAILS, HOUSES OF CORRECTION
 
1. Administrative Organization
 
A. Organization
   
The correctional system of Costa Rica is attached 
to the General Directorate for Social Adjustment 
(Direccin General de Adaptacin Social), under 
the Ministry of Justice.

The traditional progressive correctional treatment 
model introduced in 1977, whose different phases 
(observation and classification, treatment, and 
parole) were applied in maximum, medium and 
minimum security centers, was replaced in 1993 by 
a new Institutional Development Plan. It rejected 
the ideas that inmates were rehabilitated in 
prison and promoted that punishment should be 
essentially retributive, with a view to the 
reinsertion of convicts into the society. 
According to this plan, the correctional system 
became restructured on the basis of four care 
levels: institutional (closed), semi-institutional 
(semi-open), in the community, and that reserved 
to minors.
 
B. Number of institutions
 
There are 16 institutionalized, 11 semi-
institutionalized, 14 community centers, and 1 
specialized center for minors. Most of the centers 
that provide care at the semi-institutional level 
and within the community are located in the 
institutional care centers or near them. There is 
only one correctional center for women.
 
C. Juvenile facilities
 
As indicted above, there is only one specialized 
center for minors convicted according to the 
Juvenile Penal Justice Law.
 
2. Annual Budget
 
The correctional system budget for 2001 amounted 
to some $34 million USD, that is, approximately 
$850,000 USD per 100,000 inhabitants.
 
3. Number of Personnel
 
A. Prison staff
 
In May 2001 surveillance personnel consisted of 
2,258 guards, which translated into a ratio of 381 
prison guards per 100,000 inhabitants, or 1 guard 
for every 5 inmates in the 4 care levels (4 if 
convicts placed within the community are 
excluded).
 
B. Prisoners
 
Up to March 31, 2001, the correctional population 
consisted of 11,152 inmates (a ratio of 279 per 
100,000 inhabitants), of whom 5,856 (53%) were at 
the institutional level, 966 (9%) at the semi-
institutional level, 4,037 (36%) in the community, 
and 293 (3%) were treated in compliance with the 
Juvenile Penal Justice Law. Women represented 10% 
of the total correctional population. Of the total 
correctional population, 5,701 were convicted 
inmates (51%), 1,595 were indicted (14%), 3,471 
(31%) had suspension of the sanction, and 385 (3%) 
were individuals subject to an alternative measure 
or who were detained for default in the payment of 
child support. A large increase in the number of 
inmates during the past few years can be noted: 
3,698 in 1994 and 5,454 in 1997. 

By extrapolating the data for October 2000, this 
year there were approximately 4,000 admissions and 
some 4,800 releases in the correctional system as 
a whole; almost in its entirety, such movement 
(90%) occurred at the institutional level.
 
C. Beds
 
The lodging capacity at the correctional centers 
is not estimated on the basis of number of beds, 
but of the number of "places" available. There may 
be numerous bunks at a given facility; however, 
there may be several inmates using the same bunk 
while some must frequently sleep on the floor in 
the space available between the bunks. This is why 
correctional overcrowding must not be necessarily 
estimated on the basis of official data concerning 
capacity of the facilities. In 1999, the excess in 
correctional population was 893 "places," that is, 
17%. The situation is usually worse at the larger 
centers.
 
4. Qualifications and Entry Requirements
 
As has already been pointed out, the Correctional 
Police, in charge of control and surveillance at 
the correctional facilities, belong to the police 
force. Their admission requirements are those 
provided for in the above-cited General Police Law 
(Section V.1 and 4).
 
5. Initial and In-Service Training
 
The personnel responsible for the surveillance and 
control of all correctional centers of the country 
belong to the police forces. Admission 
requirements include, among others, Costa Rican 
citizenship, over age 18, not having a record, 
having completed the third cycle of General Basic 
Education, being physically and morally qualified 
for the performance of the assigned duties, taking 
the tests and examinations provided for by the 
law, and passing satisfactorily a 6-month test 
period. 

Training for this personnel category is provided 
at the Correctional Training Center, which is 
responsible for updating the expertise at 
technical and surveillance personnel.
 
6. Starting Salary
 
Up to March 2001 the surveillance personnel had a 
basic monthly salary of approximately $222 USD, 
with an annual supplement of some $96 USD for 
risk.
 
7. Accountability
 
Control of compliance with the correctional rules 
and with the constitutional and legal objectives 
of the sanction and the security measures 
corresponds to the sentence application courts, 
under the Judicial Branch.

The Office of the Comptroller for Services of the 
Ministry of Justice is responsible, as regards 
correctional matters, for the complaints that the 
inmates, their representatives or relatives may 
file. During 2000, 219 complaints were processed, 
of which 111 were solved; 30 visits were made to 
correctional facilities. Inmates may also submit 
complaints or file habeas corpus remedies before 
the Constitutional Section of the Supreme Court.
 
8. Rehabilitation Activities
 
Concerning educational matters, courses are taught 
at the correctional centers from elementary to 
college levels, as well as high-school completion 
courses by maturity. High-school level courses are 
taught with the assistance of the Ministry of 
Education, at college level with the assistance of 
the State Distance Education University, and at 
technical level, including mechanics, masonry, 
cabinet making, and informatics, with the 
assistance of the National Education Institute. 
Therapy against drug addiction and workshops for 
AIDS prevention are also offered.

The inmates work in agricultural projects 
(cultivation of vegetables and fruit crops, and 
cattle raising) and in industrial projects 
(furniture making, cinder block manufacture); they 
produce arts and crafts and perform other types of 
manual labor, as well as cleaning duties in the 
administrative offices.
 
9. Conditions
 
The inmates of institutional centers (closed 
facilities) are entitled to family visits once a 
week for 3 to 4 hours, and a conjugal visit every 
15 days for approximately 4 hours. Temporary exit 
is authorized, always in the company of security 
personnel, in cases of serious illness or death of 
a close relative, as well as to receive 
specialized medical care in a clinic or hospital. 
All the centers have sports facilities (soccer, 
basketball, etc.) and inmates are allowed to have 
a battery-operated radio; there is a TV set in 
each module. 

There is freedom of worship, and Catholic priests, 
ministers or members of different religious 
communities are allowed to visit the inmates once 
a week. All the institutional centers have a 
general practitioner and a dentist on duty. 
Inmates are offered three meals a day of basic 
nutritional value, in addition to a coffee break 
in the afternoon.
 
10. Remissions
 
As indicated before (Section IV, 11), all persons 
sentenced to prison may be conditionally released 
after doing half the time, provided they have not 
been previously sentenced to serve more than 6 
months, and a favorable report is issued by the 
Criminology Institute. In addition to this 
benefit, inmates may obtain discounts from the 
time imposed for work performed, on the basis of 2 
days for each day of work.
 
Section XI: JUVENILE JUSTICE
 
1-2. Organization and Jurisdiction 
 
There is no special jurisdiction for minors in 
Costa Rica. Minors are tried by multi-judge courts 
and the juvenile penal courts, under the Judicial 
Branch. The courts apply the 1996 Juvenile Penal 
Justice Law (Ley de Justicia Penal Juvenil) and 
the 1998 Childhood and Adolescence Code (Cdigo de 
la Niez y de la Adolescencia).

The Juvenile Penal Justice Law contains provisions 
similar to those of the Penal Procedural Code with 
respect to the basic guarantees and phases of the 
prosecution. There is, naturally, a difference 
concerning the sanctions, which may be of a social 
and educational nature (reprimand and warning, 
assisted freedom, community service, and 
reparation of damages to the victim), of 
orientation and supervision (obligation to live in 
a given place, termination of relations with 
certain persons, prohibition to visit bars and 
discotheques, enrollment in an educational 
institution, obtaining employment, abstaining from 
alcohol or drug consumption, attending a 
detoxification health center), and of confinement 
(house confinement, confinement during spare time, 
confinement in specialized center).

As indicated before (Section II, 1, B), those 
under 12 are referred by the penal courts to the 
National Child Protection Agency.
 
3. Relationship to Adult Criminal Justice
 
Records concerning minors may not be transmitted 
to the penal courts when they become of legal age.
 
Section XII: INDIGENOUS CRIMINAL JUSTICE SYSTEMS
 
There are no such systems in Costa Rica.
 
Section XIII: TRANSNATIONAL/INTERNATIONAL CRIME & 
JUSTICE
 
1. Procedures
 
A-B. Extradition treaties and extraditions 
 
Costa Rica has entered into extradition treaties 
with Belgium, China-Taiwan, Colombia, Italy, 
Mexico, United States of America, and Venezuela; 
similar treaties are being negotiated with Brazil, 
Panama, Paraguay, Peru and Uruguay.
 
C-D. Foreign prosecutions
 
Costa Rican legislation provides for this 
possibility only within the framework of an 
investigation required to grant or refuse the 
extradition of aliens who would have committed an 
offense in their respective countries.
 
E-F. Foreign prisoner transfer treaties and number 
of prisoners transferred 
 
In addition to treaties with Colombia (1996) and 
Spain (1997), Costa Rica has entered into 2 
international agreements on the transfer of 
convicts -- that signed in Strasburg (1983) by 36 
countries almost totally European, and the Inter-
American Convention, signed in Managua, Nicaragua 
(which was ratified by Canada, Panama, United 
States of America, and Venezuela). To date, five 
Costa Ricans have been repatriated from Spain and 
Panama, and four persons have been transferred 
from Costa Rica to Canada, three to the United 
States of America, two to Germany, and two to 
Spain.
 
G. Mutual legal assistance treaties 
 
Costa Rica has entered into mutual legal 
assistance agreements on penal matters with El 
Salvador, Guatemala, Honduras, Mexico, Nicaragua, 
and Panama.
 
2. Foreign Law Enforcement/Justice Contacts
 
A. Training
 
During the past 5 years members of the Costa Rican 
police and judicial sectors have received 
specialized training mainly in the United States 
of America and Spain. Worthy of mention concerning 
the judicial sector is the Central American 
master's program on judicial matters that the 
University of Costa Rica is implementing.
 
B. International civilian police missions
 
Costa Rica has not participated in any 
international police mission.
 
C. Regional policy planning
 
At the regional level, efforts have been made 
since the beginning of the 1990s within the 
framework of the Central American Integration 
System (Sistema de Integracin Centroamericana -- 
SICA), towards a certain co-ordination of police 
action, whose basis was established in the Frame 
Agreement on Democratic Security in Central 
America (San Pedro Sula, 1995), signed by all 
presidents of the region. 

The latter sets the conditions for the 
effectiveness of two of the essential elements of 
this model: respect for the rule of law; and 
security of persons and their property. To date, 
the following organizations have been created as a 
result of this Agreement: the Association of 
Central American Chiefs of Police (1992); the 
Central American Security Commission (1994); the 
Permanent Central American Commission for the 
Eradication of the Unlawful Production, Traffic 
and Consumption of Narcotics and Psychotropic 
Substances (1994); and the Central American Higher 
Police Studies Institute (1996); agreements have 
also been signed on the Recovery and Return of 
Stolen, Robbed or Illegally of Unduly Taken 
Vehicles (1995), and on Prevention and Repression 
of Money and Asset Laundering and Illegal Drug 
Traffic and Related offenses (1997).

The "Puebla Process" having to do with 
intergovernmental efforts to combat illegal 
immigration and the smuggling of humans through 
Central America has never been brought into 
consideration by the authorities in Costa Rica.
 
D. Legats
 
This concept is not applied in Costa Rica.

E. Joint working groups
 
In 2000 Costa Rica signed an agreement with the 
United States of America, whereby a joint maritime 
police patrolling system was established against 
drug traffic. In addition, the country 
participates in the previously-mentioned SICA 
programs.
 
F. Transnational crime problems
 
The trafficking of drugs and weapons, car theft, 
and illegal aliens are the main problems posed by 
transnational crime.
 
Section XIV: RESEARCH & INFORMATION RESOURCES
 
1. Research
 
No State or college organization does research on 
subjects relative to crime and criminal justice. 
The research done thus far has been performed 
within the framework of international assistance 
programs sponsored by organizations such as USAID, 
UNDP, and the Inter-American Development Bank.
 
2. Publications
 
Following are the main magazines on subjects 
relative to crime and the criminal justice system: 
* Revista de Ciencias Jurdicas (Legal Sciences 
Review)
* Revista de Ciencias Penales (Penal Sciences 
Review)
* Revista Judicial (Judicial Review)
 
3. Professional Associations
 
There are the following professional associations: 
* Asociacin de Ciencias Penales de Costa Rica 
(Penal Science Association of Costa Rica) 
* Asociacin Costarricense de la Judicatura (Costa 
Rican Judicature Association)
* Asociacin Nacional de Empleados Judiciales 
(National Judicial Employee Association)
* Asociacin Nacional de Fiscales (National 
Prosecutors' Association)
 
Section XV: PUBLIC OPINION & SELF-HELP & 
VIGILANTISM
 
1. Survey Findings
 
Specialized firms (for instance, CID-Gallup) 
conduct surveys regularly on the country's main 
problems, among which those relative to crime and 
the penal system as a whole are included. The most 
recent and complete, which was done in February 
1999 within the framework of the Regional Justice 
Project sponsored by the United Nations 
Development Programme (UNDP), used a 
representative sample of 1,214 homes. Its results 
showed, among other things, that:
* 51% of those interviewed felt that the country's 
main problem was citizen insecurity;
* 27% of the members of the household had been 
victims of an offense within the preceding 12 
months;
* based on a 1 to 10 scale, where 1 would be 
equivalent to the highest and 10 to the lowest 
level of trust, the most trusted institutions were 
the Catholic Church (4.2), the Ombudsman (4.3), 
the OIJ (4.9), the media (5.2), the courts (5.3), 
the police in uniform (6.8), the Legislative 
Assembly (7.3), the labor unions (7.6), and the 
business chambers (8.1);
* the citizens perceive that the courts solve 
cases with excessive leniency (56%), excessive 
severity (30%), or with fairness (9%), although 
they take a long time to do so (76%).
 
2. Self-Help and Vigilantism
 
In contrast with other Central American countries, 
cases where the citizens have done justice on 
their own are not known. However, since the 
current community organization programs of the 
Ministry of Public Security do not have an 
adequate follow up and control system, they have 
started to show abuse on the part of the 
population (undue detentions, improper treatment, 
etc.).
 
3. Citizen Attacks
 
The citizens of Costa Rica protest through legal 
and peaceful demonstrations, but do not physically 
attack or charge against the members of the police 
forces or other penal system organizations.
 
Section XVI: SOURCES
  
Anuario de Estadsticas Judiciales. Poder 
     Judicial. Departamento de Planificacin. 
     Seccin de Estadsticas.
Anuario de Estadsticas del Organismo de 
     Investigacn Judicial. Poder Judicial.
     Departamento de Planificacin. 
     Seccin de Estadsticas.
Carranza, Elas (1994). Criminalidad Prevencin o 
     promocin?. San Jos: EUED.
Carranza, Elas (1997). "Situacin del delito y de 
     la seguridad de los habitantes en los pases 
     de Amrica Latina", in Carranza, Elas (co-
     ordinator), Delito y seguridad de los 
     habitantes. Mexico: Siglo XXI Editores.
Chinchilla, Laura (1992), "La seguridad ciudadana: 
     el caso costarricense". Revista de Ciencias 
     Jurdicas (73): 9-39.
Chinchilla M., Laura, editor (1999). Seguridad 
     ciudadana y justicia penal: perspectiva de 
     la sociedad civil. San Jos: United Nations  
     Development Programme. 
Colegio de Abogados de Costa Rica (1997). 
     Ministerio Pblico y reforma procesal penal. 
     San Jos.
Corte Suprema de Justicia and Asociacin de 
     Ciencias Penales de Costa Rica (1996). 
     Reflexiones sobre el nuevo proceso penal. San Jos.
Cruz C. Fernando and Daniel Gonzlez A. (1990). La 
     sancin penal. San Jos: Comisin Nacional para el 
     Mejoramiento de la Administracin de Justicia. 
Programa de las Naciones Unidas para el Desarrollo 
     (2000). Acceso a la justicia en Centroamrica y Panam. 
     Poblacin privada de libertad. San Jos.
Rico, Jos Mara et al. (1988). La Justicia Penal 
     en Costa Rica. San Jos: EDUCA. 

About the Author
  
Jos Mara Rico, Doctorate in Law, University of 
Granada, Spain, 1965; Diplomate in Criminology, 
University of Paris, France, 1965; LLB in Law, 
University of Paris, 1963. Professor of 
Criminology, University of Montreal, 1965-1997. 
Scientific Director of Citizen Security in Central 
America, Costa Rica. Author of more than 60 
articles on matters related with criminology, 
criminal law and administration of justice 
published in Spanish, French, English, Italian, 
Portuguese and Polish.

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06/03/03 ih