Q COSTARICA — In Costa Rica, police “pasadas”—checks—are a different concept from a criminal case. They do not necessarily equate to a criminal record; the Fiscalia (Public Prosecutor’s Office) clarified that, within the police context, the term “checks” refers to interventions or actions carried out by law enforcement in situations that do not necessarily constitute a crime or infraction.
For example, these may involve incidents related to public intoxication or alcohol consumption, disturbing the peace, or possession of small amounts of drugs for personal use. These “pasadas” are recorded in administrative police logs, but, since they do not always involve criminal acts, not all of these cases are referred to the prosecutor’s office for charges to be filed.
The term gained prominence after President Laura Fernández stated that one of the suspects in the shooting of two police officers in Batán de Limón—an incident in which one of them died—had “29 ‘pasadas’.” This sparked a wave of criticism against the Judiciary, as it was questioned how a person with “so many prior criminal records” could be free, when in reality, the two are completely different situations.
In its review, the Prosecutor’s Office specified that the three suspects, surnamed Menocal, Vílchez, and Mora, have six pending criminal cases and that none of them have a record of homicide. The three men will serve six months of pretrial detention for their alleged involvement in the murder of Gerson Rosales Cascante, a police officer who was shot in the head. They are also linked to the crimes of attempted homicide, criminal conspiracy, and illegal possession of a permitted firearm.
Explanation from a former judge
David Hernández, a former judge, clarified that “pasadas” are usually associated with detentions for the alleged commission of a crime. However, this is not necessarily the case. These are entries made by the police in their digital files and are based on a variety of reasons, which may or may not constitute crimes, such as non-payment of child support, public disturbances, or cases of domestic violence.
Therefore, some entries remain solely within the police system, and the person detained is released. Others reach the Public Prosecutor’s Office, but the evidence is not strong enough to establish probable cause. In these cases, the prosecutor releases the detained person and subsequently requests a dismissal or acquittal due to lack of evidence. Likewise, other cases pass this stage of analysis, and the Prosecutor’s Office requests a trial. In other words, the prosecutor determined that there was sufficient evidence to bring the case to trial.
Hernández emphasized that these entries do not determine whether a person should be convicted. That depends on the conduct covered by criminal law, which includes not only the provisions of the Penal Code, but also many special laws, such as the Forestry Law, the Wildlife Conservation Law, and the Firearms Law, among others.
The former judge believes that, if greater transparency is sought for Costa Ricans, it would be appropriate to indicate how many of these cases remained solely at the police level, which ones reached the Prosecutor’s Office, which ones progressed to the courts, and what the final resolution was in each case.
“It is not the ‘pasadas’ that determine the functioning of the Judiciary in criminal matters or its decisions. It is the criminal act and the evidence, which undergo multiple analyses. This is in keeping with a democratic state, in which the freedom of all citizens is fundamental,” Hernández emphasized.
“Do you see that it’s not so simple to tell the Costa Rican people that he was checked 29 times and then try to convince them that it’s the fault of the Judiciary? Really, be honest, Madam President; don’t lie to Costa Ricans and don’t take advantage of other people’s pain,” the former judge concluded.
Legal cases of the suspects in the murder of a police officer
Menocal is listed as a defendant in a case of aggravated robbery, in which a motion for dismissal was filed on October 31, 2025. The case was processed by the Batán Prosecutor’s Office.
Vílchez is listed as a defendant in two cases of domestic violence against women and one for violation of a protection order. Motions to dismiss the domestic violence cases were filed on June 30, 2025, and October 12, 2023, respectively. Regarding the case for breach of a protection order, dismissal was requested on July 31, 2019. All cases were processed by the Batán Prosecutor’s Office.
For his part, Mora is listed as a defendant in a case for aggravated robbery and drug possession, which has already been opened for trial, as well as in another case for receiving stolen goods, which was dismissed on March 14, 2024.
The Prosecutor’s Office specified that the cases concluded with dismissal or acquittal were resolved in that way because the evidence gathered during the investigation did not allow for an accusation to be supported.