Criminal Litigation in Costa Rica.
Criminal litigation in Costa Rica encompasses the legal mechanisms available for addressing violations of criminal law. Representing victims is a cornerstone of our approach at CPG LEGAL. The process involves managing a structured legal system underpinned by the principles of justice and fairness. At CPG LEGAL, we specialize in offering expert guidance through every phase of criminal litigation. This ensures that both victims and accused parties can feel reassured, knowing that their rights are protected.
Criminal litigation can be complex and emotionally taxing, involving intricate laws, regulations, and legal interpretations. Understanding the system’s nuances is crucial for successfully managing legal disputes. While structured and efficient, Costa Rica’s judicial system often requires professional expertise to address the cultural, procedural, and linguistic barriers that can arise, particularly for foreign nationals. This page delves deeply into the essentials of criminal litigation in Costa Rica, highlighting every step of the process. It also emphasizes the importance of having seasoned legal representation, which provides a sense of security and protection, in pursuing criminal justice and resolving criminal lawsuits.
Governing Rights in the Costa Rican Criminal System:
The Legality Principle.
All felonies (delitos) and misdemeanors (contravenciones) are legally established and detailed in previously sanctioned criminal laws, such as the Costa Rican Penal Code. This is known as the Legality Principle or “Principio de Legalidad.” It establishes that no one can be prosecuted or punished for an act that is not explicitly defined as a crime (delito) or misdemeanor (contravención) by a previous law when it was committed. This principle ensures predictability and fairness, preventing arbitrary prosecutions. It firmly establishes that all felonies and misdemeanors must be created and defined by law and never by jurisprudence.
In Costa Rica, the Penal Legality Principle (principio de legalidad criminal) reflects the rule of law. A conducta criminal (criminal conduct) refers to the specific actions or omissions that violate criminal law and are defined as offenses by a criminal statute. Criminal statutes must be clear and enacted by law. The Legality Principle safeguards individuals’ rights by ensuring that only behaviors explicitly codified as crimes can be prosecuted. It serves as a constitutional guarantee, reinforcing the strength of the legal system, and as a governing principle of codification.
The Principle of Non-Retroactivity.
The Principle of Non-Retroactivity (principio de irretroactividad), is closely linked to the Legality Principle. A person cannot be punished for an act that was not classified as a crime at the time it was committed. Criminal laws cannot be applied retroactively to impose penalties.
The Presumption of Innocence.
The Presumption of Innocense (presunción de inocencia), is a constitutional guarantee of the Costa Rican criminal system of justice. Every person is presumed innocent until proven guilty through a fair trial. This principle ensures that the burden of proof lies with the prosecution. If the prosecution fails to prove beyond the burden, then the Judges must absolve the accused due to doubt.
Doubt in Favor of the Accused. (In dubio pro reo.)
The principle of in dubio pro reo plays a critical role in Costa Rica’s criminal justice system. It mandates that when doubt exists regarding the evidence and or the accused, sentencing must favor the accused. This principle directly connects to the presumption of innocence, reinforcing that no individual should be convicted unless their guilt is proven beyond a reasonable doubt. Together, these principles ensure fairness, prevent wrongful convictions, and uphold the integrity of criminal justice proceedings.
The Right to a Defense and Legal Counsel:
Every accused person has the right to be represented by a defense attorney of their choice or one appointed by the State. This includes access to legal counsel during all stages of the criminal process.
The Right to Due Process of Law:
Due Process (Debido Proceso) is a right that guarantees that all individuals involved in a criminal proceeding receive fair treatment under the law. These include but are not limited to, timely notifications, opportunities to present evidence, the right to counsel, to confront the accuser, impartial adjudication and the right to appeal.
The Right to Silence:
The right not to incriminate oneself (derecho a no incriminarse) is a fundamental guarantee in criminal law that offers a strong protection to individuals, shielding them from being compelled to provide evidence or testimony that could directly implicate them in a crime. This right is closely tied to the principles of due process and the presumption of innocence, ensuring that the burden of proof rests on the prosecution.
In Costa Rica, as in many other legal systems, this right allows defendants to remain silent during interrogations and trials without their silence being interpreted as an admission of guilt. It also ensures that individuals cannot be forced to produce documents, answer questions, or undergo procedures that might incriminate them. This principle upholds the fairness and integrity of the criminal justice process.
The Right to Be Heard:
Both victims and accused parties have the right to participate actively in the proceedings, presenting evidence and arguments before a decision is made.
Prohibition of Double Jeopardy:
Costa Rica abides by the prohibition of Double Jeopardy or Non Bis In Idem. An individual cannot be tried or punished twice for the same crime once a final judgment has been rendered. Final resolutions in criminal cases, produce an effect that is called “cosa juzgada material”, or material res judicata. This is in essence the non bis in idem rule, you can´t be tried and sentenced more than one time, for the particular criminal conduct.
The Right to a Speedy Trial in Costa Rica:
The right to a speedy trial (celeridad procesal), ensures that the penal process must be conducted within a reasonable timeframe to avoid undue delays that could prejudice the rights of the accused or the victim.
Equality Before the Law:
Equality under the law (igualdad ante la ley), is a governing principle that ensures that all individuals, regardless of nationality, gender, or social status, are entitled to equal protection under the law. The same legal standards apply to everyone, in criminal proceedings.
Protection of Victim´s Rights:
Victims are granted the right to file complaints, private accusations (querella), provide evidence, participate in hearings, and seek reparations for damages caused by the crime (acción civil resarcitoria).
Key Features of Criminal Litigation:
Public and Private Criminal Actions:
Most criminal complaints are filed with the Public Prosecutor’s Office (Ministerio Público). A prosecutor (fiscal) will be asigned to the case and thus, the criminal action is comenced. Some felonies don´t need a complaint for the process to initiate, as it is initiated ex officio (de oficio). Crimes such as murder for example, are initiated by the State, without the requirement of a complaint by the relatives of the victim. However, in most cases, the public prosecutor´s office (Ministerio Público), can´t initiate the criminal action without a formal complaint. Understanding these distinctions is vital for determining the correct legal path and securing justice within the criminal justice framework and criminal lawsuits.
Filing a criminal complaint:
Criminal complaints can be filed verbally or in writing with the Public Prosecutor’s Office. For private complaints, such as defamation, a private criminal lawsuit (querella privada) is filed directly with the appropriate court. Complaints must include:
A detailed account of the alleged offense.
Identification of participants, witnesses, and other relevant information.
Certain professionals, such as doctors or public officials, are legally obligated to report specific crimes they encounter during their duties unless protected by confidentiality laws. This mandatory reporting ensures that serious offenses do not go unnoticed, reinforcing accountability across societal roles.
The complaint’s content is critical in determining the investigation’s direction. A well-drafted complaint with sufficient detail can significantly enhance the likelihood of a thorough and effective investigation and positive outcome. At CPG LEGAL, we assist victims in preparing comprehensive complaints that meet all legal requirements within the structure of criminal justice and criminal lawsuits.
The Role of the Public Prosecutor´s Office (Ministerio Público):
The Public Prosecutor’s Office leads investigations for public criminal actions. After the investigation, the prosecutor (fiscal), can request the dismissal of all charges, or file the corresponding accusation to move to trial. The Penal Judge initially resolves these requests in the preliminary hearing. Prosecutors act as the primary drivers of criminal cases, working alongside the Judicial Police to gather and present evidence. Their impartiality and adherence to the rule of law are fundamental to justice. It´s up to them, but primarily to the Criminal Judges, during all phases of the criminal proceedings, to uphold criminal justice principles and successfully resolve criminal lawsuits. The Public Prosecutor´s Office and the Criminal Judges ensure that:
Evidence is collected impartially, safeguarding the rights of both victims and accused parties.
Legal standards are upheld throughout the process, maintaining the integrity of judicial proceedings.
Victims and witnesses are supported, ensuring their participation and cooperation during the investigation and trial phases.
The Querella: A Private Criminal Accusation:
The querella is a legal mechanism unique to Costa Rican criminal law, allowing victims to take an active role in prosecuting crimes. It is especially relevant in two contexts:
Delitos de Acción Privada (Private Actions): In these cases, the victim is the primary initiator of the criminal proceedings. The querella must be presented directly to the court, bypassing the Public Prosecutor’s Office. Examples include crimes against honor, such as defamation or slander. The victim takes a leading role in all procedural stages, as the Ministerio Publico is not involved in these prosecutions by law.
Delitos de Acción Pública (Public Actions): For public actions, the querella allows victims to take an active role. Either adhere to an existing accusation filed by the Public Prosecutor’s Office, to move to trial after the investigation, or continue the case independently if the Public Prosecutor’s Office opts not to proceed. This ensures victims retain agency and influence over the pursuit of justice, regardless of prosecutorial decisions.
Steps in the Criminal Litigation Process:
The Initial Complaint (denuncia):
The process begins with filing a criminal complaint or “denuncia”. This is the “notitia criminis,” or the initial notification to authorities, triggers a formal investigation. Depending on the nature of the crime, the Public Prosecutor’s Office or the Judicial Police will proceed without needing a prior complaint or denuncia. In public actions that require the victim´s action, complaints must be filed directly by the victim. Collaboration between complainants (denunciantes) and prosecutors (fiscales) is crucial to building a robust case. Our firm facilitates this communication, ensuring that all relevant details are accurately conveyed.
The Investigation Phase of the Criminal Proceedings:
The fase de investigación (investigation phase) in Costa Rican criminal proceedings is a critical stage in which evidence is gathered to determine whether there is sufficient basis to proceed with formal charges. The investigation phase aims to uncover facts, collect evidence, and identify the suspect(s) involved in a potential crime. It ensures that the case has a solid foundation before advancing to the next stages of criminal litigation.
The Public Prosecutor’s Office (Ministerio Público) oversees the investigation, often working in collaboration with the Judicial Police. Their responsibilities include interviewing witnesses, collecting forensic evidence, and analyzing documents. During the investigation, the accused has the right to legal representation and protection against self-incrimination. The presumption of innocence applies throughout this stage. Judges ensure the investigation adheres to due process, authorizing actions like search warrants.
If sufficient evidence is found, the Public Prosecutor’s Office files formal charges through an “accusation”. If evidence is insufficient or there is no crime to prosecute, the prosecutor will request the dismissal of all charges (solicitud de sobreseimiento). This triggers the case to move forward into the intermediate phase.
The Intermediate Phase and the Preliminary Hearing:
The fase intermedia (intermediate phase) in Costa Rican criminal litigation is a procedural stage where the evidence collected during the investigation phase is scrutinized to determine whether a case should proceed to trial. It serves as a critical checkpoint in the judicial process, balancing the rights of the accused with the interests of justice.
During this phase, a preliminary hearing is set, where a Judge analyzes the Public Prosecutor’s accusation. The defense also has the opportunity to challenge the admissibility and sufficiency of the accusation and its evidence. The judge’s role is to assess whether the evidence meets the legal standard of establishing a probabilidad razonable de culpabilidad (reasonable probability of guilt). If the judge deems the evidence inadequate, the case may be dismissed. Conversely, if the evidence is deemed sufficient, the case is elevated to trial. If the prosecutor requested a dismissal of all charges (solicitud de sobreseimiento), this too is resolved by the Penal Judge in the Preliminary Hearing.
Trial and Sentencing:
If the case moves forward:
The trial takes place in an open court, where both parties present their arguments. This phase includes direct and cross-examinations, presentation of evidence, and testimonies from witnesses.
The judge or tribunal evaluates the evidence and renders a verdict. Decisions are based on the principle of “sana crítica,” allowing judges to assess evidence comprehensively and logically.
Sentences, if applicable, are based on the severity of the crime and mitigating circumstances. These may include imprisonment, fines, or community service.
Trials in Costa Rica adhere to stringent procedural safeguards, ensuring transparency and accountability. At CPG LEGAL, we excel in presenting compelling arguments and countering prosecutorial claims, ensuring that justice is served in alignment with criminal justice standards and successful resolution of criminal lawsuits.
Appeals:
Parties may appeal the decision to higher courts, including the Sala Tercera of the Supreme Court of Justice, to challenge errors in law or fact. The appeals process provides a vital mechanism for correcting judicial errors and ensuring fairness.
Appellate litigation requires specialized expertise to manage complex legal precedents and procedural requirements. At CPG LEGAL, we have a proven track record of successfully representing both victims and accused parties in appellate courts, ensuring favorable outcomes even in challenging cases.
Expertise in Victim Advocacy and Criminal Actions:
At CPG LEGAL, our expertise encompasses both victim advocacy and criminal defense. We offer:
Victim Representation:
Guiding victims through every step of the legal process, from filing complaints to participating in trials. We prioritize empathetic and personalized support, ensuring that victims’ voices are heard and respected throughout the legal process.
Criminal Defense:
Protecting the rights of the accused, ensuring due process, and advocating for fair treatment under the law. Our defense strategies are meticulously crafted to address the specifics of each case, leveraging evidence and legal precedent to achieve the best possible outcome.
Why Choose CPG LEGAL?
1. Bilingual Expertise:
We ensure clear communication for both English and Spanish-speaking clients. Our ability to manage cultural and linguistic differences sets us apart, enabling us to provide tailored legal solutions.
2. Comprehensive Knowledge:
Our deep understanding of Costa Rican criminal law allows us to craft strategies tailored to each client’s case. From procedural intricacies to substantive law, our expertise covers every aspect of criminal litigation.
3. Client-Centered Approach:
We prioritize your needs, providing personalized support throughout the litigation process. Our commitment to transparency and accessibility ensures that you are informed and empowered at every stage.
4. Proven Results:
With a history of successful case outcomes, we have earned a reputation for excellence in litigation. Clients trust us to deliver results, whether through negotiation, trial advocacy, or appellate representation.
CPG LEGAL.