WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS


Costa Rica

by

Henry Q. Giralt

This country report is one of many prepared for the World Factbook
of Criminal Justice Systems  under Grant No. 90-BJ-CX-0002 from the Bureau
of Justice Statistics to the State University of New York at
Albany.  The project director for the World Factbook of Criminal Justice
was Graeme R. Newman, but responsibility for the accuracy of the
information contained in each report is that of the individual
author.  The contents of these reports do not necessarily reflect the 
views or policies of the Bureau of Justice Statistics or the U.S. Department 
of Justice.

GENERAL OVERVIEW

1. Political System.

     Costa Rica is a country of approximately 3
million inhabitants.  It is located in Central
American between Panama and Nicaragua.  This is a
nation which has steadfastly remained a democracy
since its independence from Spain in September
1821. 

2. Legal System.

     The Costa Rican judiciary, El Poder Judicial,
was created in 1821 and has been functioning ever
since.  The Costa Rican legal system can be
classified as a Romano-Germanic style of law.  It
closely follows the Civil Law system and the
Positivist Roman school of thought.  The Civil Law
model sees crime as an offense against the State
rather than against an individual.  The state
assumes the role of investigator as well as
arbiter.  As an explanation of crime, the
Positivist Roman model looks towards the natural
sciences for the source of men's criminal
intentions.  It suggests that human behavior is a
result of biological, social, psychological and
economic influences.  Today this country's legal
system incorporates both of these concepts.

3. History of the Criminal Justice System.

     No information available.


CRIME


1.  Classification of Crimes.

* Legal classification.  In Costa Rica there are
two main levels or types of crime. The more
serious types of crime,  known as "delitos" or
felonies, are categorized as such because they
involve greater amounts of harm or threat.  These
include crimes against life or family, sex
crimes, property damage, crimes involving public
or national security, and human rights crimes. 
Drug trafficking and usage are also considered
serious offenses in Costa Rica.  The definition of
illegal drugs mirror the definitions used by the
U.S. and other countries.   
     The second level of crime is less serious,
and includes the misdemeanor or contravention
categories.  These carry penalties of less than 1
year in jail and include minor offenses against
physical integrity or against property, the state
or public safety.  In both categories a person may
receive a combination of prison and  fines.  The
limits of punishment are pre-set by the penal code
but the judge may exercise discretion and
jurisprudence in cases with unusual circumstances.

* Age of criminal responsibility.  The age of
legal accountability in Costa Rica is 18 years,
with exception made only for persons who are close
to the legal age and have committed a heinous
crime.  Costa Rica also subscribes to the United
Nations Convention on Children's Rights.  That
convention asks that nations include the 18th year
as part of the definition of childhood.  The
result is that those instances where 18 year olds
are treated as adults within the criminal justice
system are rare.  In the case of juvenile
offenders, there is a division between youth 12
years of age and over and those under 12.  For 
those over 12, there is a juvenile facility whose
main emphasis is on rehabilitation and re-
socialization.  There is no punitive action
whatsoever taken with those under 12.  They are
referred to social agencies which are prepared to
deal with wayward children. 

* Drug offenses.  Costa Rica mirrors the United
States in what drugs it considers illegal.  These
include marijuana, cocaine, and heroin.

2.  Crime Statistics.

     The most currently available nationwide crime
statistics, compiled for the year 1993, cover the
following selected areas of serious crime: murder,
forcible rape, property crime and drug offenses. 
These figures represent the number of cases
reported to the police and are not necessarily
representative of those cases in which the accused
has been found guilty.  The statistics are based
on the legal definitions of the mentioned crimes.

Type of crime         No. of cases
                        in 1993 

Murder                    504 
Forcible Rape             203 
Robbery                 4,250 
Arson                      60 
Drug Offenses           
Marijuana                  16 
Cultivation of            
Marijuana                  90 
All other illegal drugs   104

* Crime regions.  The areas of Costa Rica which
have the greatest concentration of criminal
activity are those within the Great Metropolitan
Area.  This area is largely defined by the natural 
mountain boundaries and includes a large portion
of the central plateau of the country.  The cities
of San Jose, parts of Cartago, Heredia, and
Alajuela form most of this area.  These cities,
which are densely populated, have a greater
percentage of total crime than the outlying rural
areas.
     The port cities of Limon and Puntarenas
experience a great amount of drug-related
incidents. Assault and robbery are more common
because their populations are of a more
transient nature.  Although not specifically
mentioned in this report, petty crimes, mugging,
shoplifting, and fraud are prevalent in cities
such as San Jose and the rest of the greater
metropolitan area.  In recent years the cities
have seen a large increase in juvenile criminal
gang activities.  These young criminal children,
generally called "Chapulines" or grasshoppers, are
"a phenomena that reflects the breakdown of the
family unit in Costa Rica." (Sandi)
    

VICTIMS

1. Groups Most Victimized by Crime.  No
information available.

2. Victims' Assistance Agencies.
     There are various types of victim services
such as rape crisis centers, victim's support
groups, and other counseling and aftercare
services. These agencies have appeared in the past
5-10 years.  Available victim support services are
run by private foundations which act in close
liaison with government agencies.     
     In recent months, the Interamerican Institute
of Human Rights has begun taking steps to better
inform the public on women's issues.  Conferences
like the one discussing the problems of violence
against women,  held on 21 July of this year,  are
the beginning "increased steps" in developing a
social conscience which is still in its infancy. 
These efforts have not yet reached the public at
the grassroots level, mainly because the culture
continues to be largely male dominated. 

3. Role of Victim in Prosecution and Sentencing.

     The victim of a crime has the opportunity to
make a statement to the judge during the pre-trial
investigation phase.  The victim has no right to
protest the decision made by the judge and is not
involved in any of the processes except during
testimony.  The victim is asked to leave the court
after having given his testimony.  The victim has
no access to information that is not available to
the general public.  If the victim seeks
remuneration for damages he must present a
separate legal action in the form of a civil suit. 


4.  Victims' Right's Legislation.

     Victims' rights are protected by the
Civil and Criminal codes.  The victim is a witness
within the process and he is treated as such.


POLICE

1.  Administration.

     There are six main branches of the police.
The Organismo de Investigacion Judicial (OIJ) is
the highest branch and is the judicial police. 
This is primarily a repressive force and falls
under the Executive Branch of the government. 
There are also the Metro police who are responsible
for public safety within the downtown San Jose
greater metropolitan area.  The Guardia de
Asistencia Rural (GAR) has jurisdiction in all
outer areas of Costa Rica.  The Guardia Civil or
civil defense, found countrywide, is responsible
for maintaining a high profile at public
facilities such as museums, and in tourist and
market areas.  The Metro, GAR and Guardia Civil
are preventive forces.
     In Costa Rica the justice system is divided
in a manner that limits the authority of its
officers.  An officer who makes an arrest, based
on direct observation or as a referral from
another source, transports the offender to a
holding facility, but does not file charges.
Instead he files a report before the judge of the
peace, or alcaldia.  He surrenders the offender to
an agency of the Ministry of Justice, states the
facts as he knows them, and his job is ended until
he is summoned by the prosecutor's office or the
investigative judge to testify or help in further
investigations.  He does not have the power to
charge the suspect or to hold him for more than 24
hours and any formal investigation is handled by
the Department of Justice and not by the police
department.
     Costa Rica does not maintain a formal
military force/army; it is the GAR that most
closely resembles a military power. In the event
of large public disturbance, or foreign threat,
the GAR will be called to respond.  
    In addition to the police mentioned above, 
there is a separate division under the Ministry of
Public Works and Transportation, (MOPT) assigned
to handle traffic laws and motorized public
safety. 

2. Resources.

* Expenditures.  The most recent statistics show
an annual expenditure of the GAR to be
approximately 5.5 million dollars.  Although exact
annual budget figures for the traffic, civil
defense, and other forces could not be obtained at
the time of my visit, I was informed by the
director of the GAR that the budget for these
agencies has quadrupled from 1.6 million colones
in 1986. 

* Number of police.  Costa Rica has a total police
force of approximately 8,500 officers. 
Approximately 2,200 of these are active officers
in the GAR.  

3. Technology.

* Availability of police automobiles.  The cars
used by the police in Costa Rica are subcompacts
and are normally newer models.  The ones in use
during 1993-1994 were 1993 models.  Two officers
are assigned per vehicle.  These usually are a
rookie and a more experienced trainer or partner.

* Electronic equipment.  Radios are models similar
to the ones used in the United States.  Much of
the equipment has been donated by foreign
governments.  Cars, at this point, are not
equipped with computer-aided dispatch, nor do they
use video recording equipment.  Radar guns are
used sporadically by the transit police in rural
areas.  There are older computers used mainly for
word processing at administrative level offices.

* Weapons.  Bulletproof vests are available but
not normally worn unless a high threat operation
is in progress.  The most commonly used weapons
are the typical service weapons such as the .38,
the .45, and the M- 16.  Heavy weapons are also
available, but in limited quantities.  Ammunition
is readily available to all officers in Costa Rica.

4. Training and Qualifications.

     Training for most police officers is carried
out at service academies or specialized schools,
depending upon the job requirements.  Attendance
at these schools may be as short as 1 month, with
the result that not all policemen are well
trained, especially those in the rural areas. 
Those officers assigned to the OIJ, which is an
advanced agency, receive the most extensive
training.  Upper ranking officers require a
university degree and are often sent to other
Latin American countries or the US to train. 
Outside of the OIJ, the average time an entry-level
officer spends at an academy is 12 weeks.  There
may be additional training for those who are
assigned to certain areas.  The assignment of
particular jobs is based upon the aptitude and
temperament of the recruit, with past school
performance taken into account.  
     Officers in most areas are now required to
have completed high school, with preference for
those who have completed junior college.  Recruits
must also undergo psychological and physical
evaluations and have  recommendations from
respected members of their home communities.  

5. Discretion.

* Use of force.  The amount of power allowed the
police force is limited by the constitution and
the desire of the people to protect their rights. 
Use of force is limited to that amount necessary
to take control of a situation; deadly force is
employed only when the officer's life or public
safety is at stake.  Officer normally carry
either a .38mm or a .45mm firearm.  They may also
carry nightsticks or batons and handcuffs.       

* Stop/apprehend a suspect. Officers must have
orders from a judge, probable cause, or catch the
person in the act in order to carry out an arrest. 
However, there is some leniency in the use of the
term "probable cause". 

* Decision to arrest.  Police do not make the
decision whether or not to enter a detainee into
the correctional system.  They merely transport
the offender and it is left to the judge to
further process or release the person.  They do
not normally handle preventative measures but can
decide to use cautioning approaches based on the
circumstances.  Arrests are seldom conducted
without properly issued official warrants.

* Search and seizure.   An officer may act on his
suspicions if he thinks they can be proven and
then property may be freely inspected.  A planned
search requires a court-issued warrant.

* Confessions.  During the initial questioning of
a suspect, the police may advise the use of a lawyer
if the crime is considered serious.  Normally, the
investigative questioning and research is not done
by the police, but by the Justice department. 
Testimony made by the defendant to the police
cannot be used as evidence. and since the
defendant is not considered a witness, he is not
required to testify under oath.

6. Accountability.

     Accountability of the police and complaints
of alleged police misconduct are handled by the
internal affairs office, which comes under the
Department of Justice.  This office receives
complaints both from the public and from
governmental agencies.  Once a complaint has been
filed, an investigation follows, which, if
substantiated, results in disciplinary action or
dismissal from the force.  There are relatively
few grievances filed each year.  
    

PROSECUTORIAL AND JUDICIAL PROCESS 

1. Rights of the Accused.

* Rights of the accused at trial.  A person
accused of a crime in Costa Rica has certain basic
rights.  These rights are maintained throughout
the steps of the legal process.  These rights
include: the right to an attorney, the right to
know what charges are being filed against him, the
right to obtain release on bail if it is
authorized, and the right to a speedy trial. 
During the trial the accused does not have the
right to trial by a jury of his peers.  The
judgment is made by a panel of three judges or
only one judge if the crime has a maximum penalty
of three years or less.  

* Assistance to the accused.   During the process,
the accused has the right, at all levels, to a
defense attorney.  An attorney will be provided if
the person cannot afford to hire one.

2. Procedures.

* Preparatory procedures for bringing a suspect to
trial.  Upon arrest, the accused is taken before a
fact-finding authority.  This initial questioning
period is aimed at general fact finding and some
investigation.  If the case is felt to have
sufficient merit in the opinion of the investigator
it is processed to the next level, where a judge of
instruction hears the facts in the case.

* Official who conducts prosecution.  The state is
represented by the Ministerio Publico or
Prosecutor.  The job of the judge of instruction
is to gather further evidence if necessary and
ensure that the case in ready to be tried.  Judges
at this level fine tune the legal process to
ensure accuracy of information and the
availability of necessary evidence and witnesses
before the case proceeds to the tribunal.  

* Alternatives to trial.  The concept of plea
bargaining does not exist and the accused may not
receive a lighter sentence in exchange for giving
information about another crime or offender.  The
instructional judge can determine which crimes the
defendant may be charged with.  The accused is
generally prosecuted on the more severe
violations.  The judge can set aside the lesser
charges.  A trial before a judge is held even if
the individual is willing to plead guilty.  It is
always up to the judge to decide guilt or
innocence.   

* Proportion of prosecuted cases going to trial. 
No information available.

* Pre-trial incarceration conditions.  The general
practice in Costa Rica is to set bail or release
all suspects.  This release is conditioned on the
background, past criminal record, and the probable
reliability of the offender.  The seriousness of
the crime and community impact are also analyzed.

* Bail procedures.  Personal factors are used to
determine release and include details of the
mother's family background, level of accused's
education, status in the community, job
performance, number of children, marital status,
and leisure time activities.  These are used in
the decision to grant pre-trial release.  

* Proportion of pre-trial offenders incarcerated. 
It is estimated that 85% of those awaiting trial
are released on their own recognizance.  Only
those who have been judged dangerous, likely to
flee, or not cooperative in pre-trial proceedings
are detained in a holding facility.  Time served
in holding facilities is deducted from the
sentence if the accused is found guilty.   

    
JUDICIAL SYSTEM

1. Administration.

     There are five main levels within Costa
Rica's judicial system.  Alcaldias handle
misdemeanors, and are directed by Judges of Peace
or Magistrates.  Juzgados are courts of First
Instance, which deal with crimes whose penalties
will be less than 3 years.  Tribunal Superior and
the Supreme Tribunal each deal with cases where the
penalty is more than 3 years.  The Tribunal 
Superior is a court of appeals and Supreme Tribunal
serves as a Trial Court for Felonies.  The Juzgados
de Instruccion is handled by a magistrate who
has Grand Jury responsibilities, duties and
powers.  The Salas Corte Suprema de Justicia is
composed of 4 sections:  Sala Primera is for Civil
and family matters; Sala Segunda is the court of
Labor and various other matters; Sala Tercera deals
with Criminal matters; and Sala Cuarta handles
Constitutional issues.  

2. Judges.

* Number of judges.  There are approximately 348
justices, judges and alcaldes as of this date. 
These breakdown as follows:


Type of Court  Number of  Number of  Title
               Offices    People

Supreme Court      1         22      Justices
Tribunal Superior 10         89      Judges
Juzgados          84        120      Judges
Alcaldia         103        117      Alcaldes

     The three lower courts are distributed
throughout the seven provinces of Costa Rica, with
the appeals and magistrates seated only in the
capital city, San Jose.  
     There are two female Justices but the gender
breakdown for the other courts was not available.

* Appointment and qualifications.  Appellate and
Superior Judges are appointed by the Supreme
Court.  Judgeships of lower courts are appointed
by the Judicial Counsel.  These individuals must
be attorneys with a high level of education. 
Schooling in Spain, England, or the United States
is highly desirable if one wishes to be appointed
and ongoing education is encouraged.        

3.  Special courts.

     The court system includes family, juvenile,
land, and work courts.

4.  Procedure.

     The majority of courts cases are resolved by
trial process. Even if an individual decides to
enter a plea of guilty, a judge must decide the
case based on all available information.

PENALTIES AND SENTENCING

1.  Sentencing Process.

* Who determines the sentence?  The judge or panel
of judges makes the sentence determination.

* Is there a special sentencing hearing? 
Sentences are determined by the guidelines set in
the penal code.  The judge has some flexibility in
adjusting the sentence to fit the crime based on
all available data.

* Which persons have input into the sentencing
process?  If he feels the information is necessary
the judge may receive inputs from psychologists,
psychiatrists, social workers, clergy and
professionals. 

2.  Types of penalties.  

* Range of penalties.  The range of penalties
includes fines, imprisonment, and house arrest. 
Penalties for misdemeanors are less than 1 year in
prison, while felonies carry from 1 to 25 years in
prison.  It is possible to receive a longer
sentence based on multiple offenses.  A recent
change to the constitution forbids a combined
sentence of more than 50 years in prison.
     Homicide carries a penalty of 15-25 years
unless it is considered a crime of passion with
just cause.  In that case, the sentence usually
carries from 1-6 years.  Sexual violation of 
minors under the age of 12, or of those of any 
age and of either sex against their will is a 10-16 year
crime.
    Robbery in Costa Rica is punished according to
a specific formula which is based on the
offender's economic situation.  Penalties are
calculated with a formula that uses the base
income of the offender to calculate sentences and
fines.  If the value of the articles stolen or
damaged does not exceed 3 times the base figure of
the offender's annual income, then the sentence is
set accordingly at somewhere between 6 months to 3
years.  The sentence of 3 to 9 years is commonly
given when injuries have occurred or the amount of
the theft or loss was larger than 3 times the base
income of the offender. 
     The types of crime punishable by fines are,
for example, traffic offenses or drunk driving,
fist fights, threats, cruelty to animals, slander,
or illegal fishing. 
     Fines for misdemeanors are calculated using a
system which is termed "Dias multa."  Dias multa
can be defined as fine days, or the number of days
for which the accused is sentenced to pay a
prescribed percentage of his income.  These fines
are set by the court with attention given to the
income, means of subsistence, and rent of the
condemned. He then has 15 days in which to pay or
be remanded to jail.  This time period may be
altered by order of the judge if the economic
situation of the offender is dire.

* Death penalty.  There is no death penalty in
Costa Rica.


PRISON

1. Description.

* Number of prisons and type.  There are 4 major
correctional institutions which are clustered in
the central plateau of the country.  In San Jose
and in each of the country's seven provinces there
is at least one jail.  There is one maximum
security institution for males, one maximum
security institution for females, one juvenile
institution for males, and one mixed juvenile
institution.

* Number of prison beds.  Exact capacity figures
for all facilities were not available.  The
maximum male facility has a capacity of about
2,000 inmates.  The female facility has as
capacity of 150 inmates. The male juvenile
facility has a capacity of 150 inmates. 

* Average daily/number of prisoners.  The average
combined total inmate population is estimated to
be 2,500.  

* Number of annual admissions.  No information
available.

* Actual or estimated proportions of inmates
incarcerated for various crimes.  No information
is available.

2. Administration. 

* Administration.  The prison system falls under
authority of the Ministry of Justice and is
managed by the Department of Social Adaptation. 
This department is also responsible for the hiring
of guards.

* Prison guards.  The ratio of guards to inmates
is about 1 to 20.

* Training and qualifications.  Training for jail
guards is mainly done on the job.  A technical
school and an academy are available and increased
numbers of new personnel must attend these
facilities.  Standard psychological, physical and
intelligence tests are prerequisites to becoming
employed in the jail system.  

* Expenditure on the prison system.  No
information available.

* Number of prisoners awaiting trial.  No
information available.

3. Prison Conditions.

* Remissions.  Remissions are possible and time
off for good behavior and participation in work
programs is offered.  An inmate is also eligible
to apply for benficio or benefit after 50% of the
sentence has been served.  This entitles the
prisoner to move to an open or semi-open facility
and to make a smoother transition back into
civilian life.  

* Work/education.  While in prison, inmates are
not required to work, however, shorter time in
prison can result from participation in training
programs. 

* Amenities/privileges.  Group therapy, and
educational and vocational training are available
based on behavior and willingness to participate. 
During leisure time, television sets are
available, radios and other personal property are
allowed.  Family visits and conjugal privileges
are permitted.  
     There are no uniforms and there are very few
outlets for recreation. In the juvenile facility
60 youths shared one basketball and did not have a
single ping pong ball for use with their homemade
table. 
     Medical care and religious services are
readily provided and food is plentiful and
balanced.  

EXTRADITION AND TREATIES

* Extradition.  The Costa Rican judicial system
has criminal extradition agreements or treaties
with the following countries:    Argentina,
Belgium,  China, Colombia, Italy, Nicaragua, Peru,
and Spain.  For those countries with whom no valid
treaty exists, Costa Rica's law on extradition is
applied and allows for extradition of prisoners on
a case by case basis.  This country has a full
cooperation policy with all nations.

* Exchange of prisoners.  No information available

* Specified conditions.  No information available.


SOURCES

Anuario de Estadisticas Judiciales, document by
     the Poder     Judicial, Departamento de
     Planificacion, Seccion de Estadistica.  1992. 
Araujo, Ana Margarita.  Ministerio de Relaciones
     Exteriores, Tratados.  223-7555, Ext. 286.  
Arroyo, Guillermo, Director, Direccion General de
     Adaptacion      Social, Ministerio de
     Justicia. 222-0661.  July 1994. 
Barrantes, Fabian, Licensiado., Jefe Departamento
     de Informacion y Relaciones Publicas.  Corte
     Suprema de Justicia,   Tel 229-3429, Apartado
     84-1000, San Jose. 
Carazo, Ana T., Licensiada.  Deputy Director,
     Center for the Administration of Justice. 
     Florida International University, North Miami
     Campus. (305) 940-5952.  June 1994. 
Chavez-Solera, Carlos, Licensiado.  Juez Segundo
     de Instruccion San Jose.  Tribunales de
     Justicia.  July 1994. 
Codigo Penal.  San Jose Costa Rica.  Anno IV, #58
     Investigaciones Juridicas S.A.  1993. 
Cruz-Conejo, Luis Diego, Licensiado.  Consultant. 
     Universidad de Costa Rica.  Data and research
     coordinator. 289-6989 Guillen, Rafael Angel,
     Licensiado, Director General 
Organismo de Investigacion Judicial (OIJ).
     221-1592, 257-0666, X-3336.  July 1994. 
Madrigal-Guevara, Luis Angel, Licensiado.  Former
     Organismo de Investigacion Judicial agent. 
     225-2500.     
Pacheco, Alejandro.  Personal interview.  Poder
     Judicial, Departamento de Planificacion,
     Seccion de Estadistica. 8 July 1994. 
Rico, Jose Ma; Luis Salas.  La Justicia Penal en
     Costa Rica.  Editorial Universitaria
     Centroamericana.  Edited by Florida
     International University.  1988 
Sandi, Fabio Salazar, Coronel.  Director General
     De La Guardia de Asistencia Rural(GAR), 
     Telephone:  222-5044, 222-6544.  San Jose,
     Costa Rica.  July 1994. 
Ley de Extradicion.  Indice de Tratados
     Ratificados por Costa Rica.  Recopilada por:
     Andrea Hulbert Volio San Jose, Costa, Rica,
     1991, Anno II, No 27. Book by Investigaciones
     Judiridicas.  Apdo 631-2010 Zapote.

HENRY Q. GIRALT 
P.O. Box 83344 
Fairbanks, AK  99708-3344 
PHONE:  (907) 474-8892 
E-MAIL: FFHQG@AURORA.ALASKA.EDU