Q COSTARICA — Mayuli Ortega Guzmán, a legislator of the ruling Partido Pueblo Soberano (PPSO), introduced a bill that seeks to establish prison sentences for drivers involved in a traffic accident who fail to “stop, provide assistance to injured or endangered persons, prevent the aggravation of injuries, or immediately notify authorities,” when they could do so without endangering themselves or others.
Article 144 of the Penal Code (Law No. 4573) already establishes a fine when a person fails to provide assistance to another person injured. However, the text points out that this article does not distinguish between situations in which the person was involved in the traffic accident that caused the injuries.
The explanatory memorandum justifies introducing this distinction by pointing to “the need to strengthen the protection of traffic accident victims by expressly and aggravating the offense of failure to render aid by a driver involved in the accident.”
The initiative proposes adding Article 144 bis to the Penal Code, which would establish the following penalties for these cases:
- Six months to two years in prison, a fine of 20 to 60 days, and suspension of the driver’s license for a period of one to three years, if the accident was caused by negligence.
- Two to five years in prison, a fine of 60 to 120 days, and suspension of the driver’s license for a period of three to five years, if the accident was caused intentionally.
The explanatory memorandum recalls that Article 328 of the 1970 Penal Code stipulated a penalty of six months to two years in prison for anyone who, after a traffic accident resulting in injury or death, left the scene. However, this article was struck down by the Constitutional Court in 1993, which considered that the penalty violated the presumption of innocence.
To align with this ruling, the initiative states that the obligation it seeks to establish is limited to “providing assistance, immediately activating emergency services, or taking measures to prevent the danger to life or physical integrity from worsening,” and that it cannot be interpreted as a “duty to testify against oneself, admit responsibility, confess to facts, provide incriminating evidence, or cooperate with the criminal investigation.”
The explanatory statement justifies this new penalty by stating: “This reform would close a clear regulatory gap and send a clear message of social intolerance toward those who abandon an injured person after a traffic accident. It’s not about staying to give a statement, but about helping.”
Red tape. The Legislative Assembly is currently in extraordinary session, meaning the initiative must be either convened by the Executive Branch (Government of Laura Fernández) or wait until August 1st to begin its corresponding legislative process.