Costa Rica’s Legislative Focus Shifts Toward Stricter Penal Measures Amid Rising Crime Rates
The Costa Rican Assembly prioritizes punitive reforms over preventive measures in a climate of escalating violence.
As Costa Rica grapples with unprecedented homicide rates and escalating insecurity, legislative developments in the Assembly reflect a clear trend: out of 17 bills enacted in 2024, only one was preventive, while 12 emphasized punitive measures aimed at increasing prison sentences and facilitating criminal prosecution.
Notable among the recent laws is 10.471, which establishes extortion as a punishable crime, imposing sentences ranging from eight to fifteen years for unscrupulous lenders threatening debtors.
Law 10.519 introduces penalties of three to nine years for those who feign weapon use during robberies.
Additionally, Law 10.450 revokes the conditional release of offenders arrested while on parole, and Law 10.517 eliminates the option for electronic home detention for individuals convicted of organized crime.
New entities have also been created to bolster the prosecution and adjudication of crime, including the Batán Penal Court in Matina, Limón, and a Training Center for the Judicial Investigation Agency (OIJ), tasked with proposing and executing national and international training policies.
The assembly also passed Law 10.500, which permits wiretapping in investigations pertaining to homicides and femicides.
A report from the Criminology program at the State Distance University (UNED) highlighted that the only preventive legislation enacted was Law 10.475, approved in July, aimed at preventing violence among minors and youths through educational, cultural, and social programs.
However, this initiative was passed without an identified funding source.
The ongoing conditions conducive to organized crime were highlighted by UNED criminologist Rodrigo Campos, who noted that the lack of preventive projects could have long-term repercussions, perpetuating the social and economic factors contributing to the resurgence of organized crime.
Campos stated that merely increasing penalties and reducing prison benefits is insufficient to address insecurity.
He emphasized that assuming that harsher penalties will reduce crime is misinformed, citing a lack of evidence linking the two variables, as offenders are often motivated by factors beyond punitive measures.
Campos expressed concern that without a coherent prison policy, an increased incarcerated population could lead to prisons evolving into centers for criminal operations funded by the state.
Campos acknowledged the establishment of the OIJ Training Center as a positive development and urged other institutions to pursue similar initiatives to ensure continual training for law enforcement.
Former Security Minister Gustavo Mata opined that Costa Rica required many of the legislative measures approved to adapt its penal system to present-day challenges.
He acknowledged the short timeframe in which Congress has efficiently advanced significant security-related projects.
While recognizing the current emphasis on punitive measures, Mata noted the essential nature of preventive legislation, asserting that updating existing laws is crucial given the evolving landscape of crime, particularly concerning organized crime and drug-related violence.
He mentioned that the Ministry of Public Security currently lacks optimal resources to mitigate this increasing threat.
The president of the Commission on Security and Narcotrafficking, Gilberth Jiménez of the National Liberation Party (PLN), confirmed that Congress has prioritized punitive projects in light of the country’s needs but assured that preventive initiatives are also being considered to maintain a balanced approach toward security.
Priscilla Vindas, a deputy from the Broad Front and secretary of the Security Commission, criticized the punitive approach adopted by many factions in the Assembly, labeling it short-sighted and populist.
She argued that mere punitive measures do not address the deeper-rooted issues fostering criminal environments, especially among vulnerable youth who face limited opportunities amid growing inequality.
Moreover, Vindas contended that any increase in penalties should be proportionate to the offenses to avoid compromising human rights and incurring higher costs for the state.
Notable among the recent laws is 10.471, which establishes extortion as a punishable crime, imposing sentences ranging from eight to fifteen years for unscrupulous lenders threatening debtors.
Law 10.519 introduces penalties of three to nine years for those who feign weapon use during robberies.
Additionally, Law 10.450 revokes the conditional release of offenders arrested while on parole, and Law 10.517 eliminates the option for electronic home detention for individuals convicted of organized crime.
New entities have also been created to bolster the prosecution and adjudication of crime, including the Batán Penal Court in Matina, Limón, and a Training Center for the Judicial Investigation Agency (OIJ), tasked with proposing and executing national and international training policies.
The assembly also passed Law 10.500, which permits wiretapping in investigations pertaining to homicides and femicides.
A report from the Criminology program at the State Distance University (UNED) highlighted that the only preventive legislation enacted was Law 10.475, approved in July, aimed at preventing violence among minors and youths through educational, cultural, and social programs.
However, this initiative was passed without an identified funding source.
The ongoing conditions conducive to organized crime were highlighted by UNED criminologist Rodrigo Campos, who noted that the lack of preventive projects could have long-term repercussions, perpetuating the social and economic factors contributing to the resurgence of organized crime.
Campos stated that merely increasing penalties and reducing prison benefits is insufficient to address insecurity.
He emphasized that assuming that harsher penalties will reduce crime is misinformed, citing a lack of evidence linking the two variables, as offenders are often motivated by factors beyond punitive measures.
Campos expressed concern that without a coherent prison policy, an increased incarcerated population could lead to prisons evolving into centers for criminal operations funded by the state.
Campos acknowledged the establishment of the OIJ Training Center as a positive development and urged other institutions to pursue similar initiatives to ensure continual training for law enforcement.
Former Security Minister Gustavo Mata opined that Costa Rica required many of the legislative measures approved to adapt its penal system to present-day challenges.
He acknowledged the short timeframe in which Congress has efficiently advanced significant security-related projects.
While recognizing the current emphasis on punitive measures, Mata noted the essential nature of preventive legislation, asserting that updating existing laws is crucial given the evolving landscape of crime, particularly concerning organized crime and drug-related violence.
He mentioned that the Ministry of Public Security currently lacks optimal resources to mitigate this increasing threat.
The president of the Commission on Security and Narcotrafficking, Gilberth Jiménez of the National Liberation Party (PLN), confirmed that Congress has prioritized punitive projects in light of the country’s needs but assured that preventive initiatives are also being considered to maintain a balanced approach toward security.
Priscilla Vindas, a deputy from the Broad Front and secretary of the Security Commission, criticized the punitive approach adopted by many factions in the Assembly, labeling it short-sighted and populist.
She argued that mere punitive measures do not address the deeper-rooted issues fostering criminal environments, especially among vulnerable youth who face limited opportunities amid growing inequality.
Moreover, Vindas contended that any increase in penalties should be proportionate to the offenses to avoid compromising human rights and incurring higher costs for the state.
