Criminal Procedure Code at Costa Rica
Costa Rica's criminal justice system is governed by the Criminal Procedure Code, established under Law No. 7594 of April 10, 1996, which came into force on January 1, 1998. This Code introduced significant reforms to transition from an inquisitorial to an adversarial system, emphasizing oral trials and the protection of defendants' rights. The Code has been amended several times, with the most recent amendment being Law No. 10200 of May 5, 2022, which entered into force on May 31, 2022. (Code of Criminal Procedure (Law No. 7594 of April 10, 1996, as amended up to Law No. 10200 of May 5, 2022), Costa Rica, WIPO Lex)
⚖️ Key Features of Costa Rica's Criminal Procedure Code
1. Adversarial System
The Code established an adversarial system of justice, moving away from the inquisitorial system previously in place. This shift introduced new roles for judges, prosecutors, and defense attorneys, emphasizing the protection of defendants' rights and ensuring a fair trial process.
2. Victim Protection
The Code enshrines several fundamental rights for individuals involved in criminal proceedings, including:
The right to be informed of charges promptly.
The right to legal counsel.
The right to a public trial within a reasonable time.
The right to remain silent and not to self-incriminate.
The right to an interpreter if necessary.
The right to appeal decisions.
3. Plea Bargaining
Plea bargaining was introduced as a mechanism to expedite legal proceedings and reduce case backlogs. This practice allows defendants to plead guilty in exchange for more lenient sentences, provided that the agreement complies with legal standards and is approved by the court.
4. Fair Trial Rights
The Code enshrines several fundamental rights for individuals involved in criminal proceedings, including:
The right to be informed of charges promptly.
The right to legal counsel.
The right to a public trial within a reasonable time.
The right to remain silent and not to self-incriminate.
The right to an interpreter if necessary.
The right to appeal decisions.
5. Custody and Detention
The Code specifies conditions under which individuals may be detained, ensuring that detention is lawful, necessary, and proportionate. It also outlines procedures for reviewing detention orders and provides safeguards against arbitrary detention. (Legislation)
6. Rehabilitation and Compensation
Individuals who have been unjustifiably convicted or deprived of liberty have the right to compensation and rehabilitation of their reputation, as stipulated by the Code. (Legislation)
📄 Accessing the Full Text
For a comprehensive understanding of the Code, you can refer to the official English translation provided by the United Nations Office on Drugs and Crime (UNODC):
Costa Rica Code of Criminal Procedure (Law No. 7594 of April 10, 1996)
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