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Tuesday, Apr 01, 2025

Legislature Advances Bill To Extend Prescription Period for Corruption Crimes in Costa Rica

Legislature Advances Bill To Extend Prescription Period for Corruption Crimes in Costa Rica

An agreement between the Frente Amplio and Nueva República has led to the approval of a bill extending the prescription period for corruption-related offenses to 30 years.
In a recent development within the Costa Rican legislative framework, an agreement between the Frente Amplio (FA) and Nueva República (PNR) enabled the Assembly to pass, during an extraordinary session, a bill to extend the prescription period for corruption crimes from the current 10 years to 30 years.

The original initiative, proposed by FA legislator Ariel Robles, sought to extend this period to 25 years.

However, negotiations with members of the Fabricista party resulted in an agreement increasing the extension to 30 years.

The first debate of this bill garnered unanimous support from the 39 legislators present in the Assembly.

The collaboration emerged when the FA proposed to expedite the legislative process for their proposal.

Fabricio Alvarado, a member of the PNR, raised concerns regarding his party's more stringent draft, which had already been progressing through committee, identified as dossier 22460.

As a result, the ruling Partido Progreso Social Democrático (PPSD) backed the Fabricista proposal in early March, facilitating the approval of the FA's bill by aligning it to meet the extended timeframe suggested by the Fabricista party.

The proposed modifications involve amendments to two existing laws: adding a new subsection (d) to Article 31 of the Código Procesal Penal and revising Article 62 of the Ley contra la Corrupción y el Enriquecimiento Ilícito en la Función Pública.

The offenses addressed by these articles include abuse of authority, failure to fulfill duties, denial of assistance, misuse of force against legitimate actions, illegal appointments, violation of privileges, unauthorized disclosure of secrets, various forms of bribery, aggravated corruption, acceptance and offering of gifts, corruption of judges, liability of the corruptor, illicit enrichment, incompatible negotiations, extortion, unjust enrichment, embezzlement, and misappropriation, among others.

During the assembly session, Fabricio Alvarado emphasized the importance of transcending political differences to reach consensus on initiatives targeting corruption.

He remarked that the success of this initiative signals a shift towards accountability in addressing corruption in the country.

Ariel Robles expressed gratitude towards the Nueva República for their collaboration, asserting that the amendment addresses a long-standing issue in Costa Rica regarding the prosecution of corruption-related offenses and highlights a historic opportunity for the Assembly to demonstrate its commitment to fighting impunity.

Independent legislator Gloria Navas, a criminal law attorney, acknowledged the necessity of extending prescription periods but suggested that it may also be prudent to harmonize the timeframes for other serious offenses to ensure coherence in legal proceedings.

She pointed out that, during preliminary investigations, the prescription period is halved and proposed the consideration of extending deadlines for serious crimes such as aggravated homicide as well.

Daniel Vargas, deputy chief of the PPSD, noted that the ruling party is aligned with the government's stance to rigorously pursue and sanction corruption, supporting the replacement motion and the subsequent legislation.

However, he concurred with Navas regarding the review of prescription period extensions for other serious offenses.
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