Q COSTA RICA — Amid the country’s battle against drug trafficking, magistrates from the Third Court are proposing that pre-trial detention be mandated for individuals under investigation who have ties to organized crime.
Under this measure, any suspect involved in drug trafficking, money laundering, or corruption would be held in custody (remand), rather than remaining free under precautionary measures.
The magistrates have submitted this proposal to the Full Court, requesting the drafting of a bill to amend the Code of Criminal Procedure.
Currently, pre-trial detention is reserved solely for suspects deemed a flight risk or a threat to the administration of justice.
“The transformations in criminal activity over recent years pose new challenges for the criminal justice system. Operations involving organized structures, access to greater financial and logistical resources, the ability to influence third parties, and—in certain cases—the territorial reach of these structures can significantly impact the risks that criminal proceedings aim to mitigate,” the proposal notes.
The goal of the reform is to equip the justice system with tools that align with the current nature of criminal activity.
Additionally, the plan clarifies the timeframe for forwarding appeals to the appellate court and addresses the temporary suspension of individuals from public office.
Ultimately, the proposal would need to be debated and approved by legislators.
Notably, this is a proposal that both the previous and current administrations have been championing. Furthermore, the First and Second Courts are also driving changes to contentious-administrative and labor legislation to prevent the reinstatement of civil servants under investigation for acts of corruption.