By San José, Costa Rica — Costa Rica’s legislative and judicial branches are converging on a pivotal legal reform aimed at strengthening the nation’s legal apparatus against organized crime. Lawmakers and senior magistrates are advocating for amendments to the Code of Criminal Procedure that would allow judges to order preventive detention based directly on an investigated suspect’s ties to organized criminal structures.
Claudia Dobles, a prominent deputy representing the Agenda Ciudadana party, publicly voiced her strong endorsement for the initiative recently put forward by magistrates of the Third Chamber (Sala III) of the Supreme Court. Dobles highlighted that equipping the judicial branch with clearer, modern statutory tools is essential to disrupting criminal syndicates before they exploit procedural vulnerabilities.
To better understand the legal framework and constitutional implications surrounding preventive detention in Costa Rica, TicosLand.com spoke with expert attorney Lic. Larry Hans Arroyo Vargas of the law firm Bufete de Costa Rica.
Preventive detention in Costa Rica is fundamentally designed as an exceptional procedural measure, not a pre-sentence punishment. As national debates around public security intensify, it is critical that the judiciary continues to balance public safety concerns with due process and the presumption of innocence, ensuring that pre-trial detention is ordered strictly when clear flight risks or threats to the investigation are demonstrated.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, maintaining this delicate equilibrium between public safety and fundamental constitutional guarantees is essential to safeguarding the rule of law in Costa Rica. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for sharing his valuable legal expertise and perspective on this critical issue.
Organized crime has resources, networks, and capacity to enable its members to evade justice or reoffend. Our judges need clear tools to confront it, always with respect for due process. The bill is already in the legislative pipeline. We do not need to start from scratch: the proposal exists and is ready for debate.
Claudia Dobles, Deputy of Agenda Ciudadana
Dobles pointed out that her legislative office had already laid the foundation for this legislative overhaul earlier in the session. On May 1, she officially introduced File No. 25.587 in the Legislative Assembly, a reform measure that explicitly establishes organized crime links as a valid ground for judicial preventive detention.
I celebrate that the magistrates of the Third Chamber propose including ties to organized crime as a criterion for judges to evaluate preventive detention. It is an alignment that proves us right: since May 1, I introduced bill file No. 25.587 in the Legislative Assembly, which proposes precisely this reform.
Claudia Dobles, Deputy of Agenda Ciudadana
Under Costa Rica’s existing procedural laws, judges evaluate requests for preventive detention based primarily on limited statutory criteria, including the risk of flight and the potential for a suspect to obstruct justice. While these provisions aim to safeguard constitutional rights, legal experts argue that they fail to account for the sophisticated operational realities of modern cartel networks and armed organizations.
The reform proposed by Sala III magistrates before the Full Court (Corte Plena) seeks to broaden these judicial criteria significantly. By formalizing organized crime affiliation as a standalone risk factor, prosecutors and judges would have broader leverage to remove key operatives from circulation while complex criminal cases are investigated.
The debate comes at a crucial moment for Costa Rica, where public concern over narcotics-related violence and criminal enterprise has escalated rapidly. Expanding pretrial detention options is viewed by many policy observers as a vital step toward restoring public safety and preventing suspects from leveraging financial resources to evade trial.
As File No. 25.587 moves through the legislative process, the consensus between the legislative front and top judicial magistrates indicates strong momentum. Lawmakers are expected to prioritize committee discussions on the bill to ensure robust judicial tools are enacted while preserving constitutional due process guarantees.
For further information, visit the nearest office of Agenda Ciudadana
About Agenda Ciudadana:
Agenda Ciudadana is a political delegation and party represented in the Legislative Assembly of Costa Rica, focusing on legislative strategy, institutional governance reforms, and public safety initiatives.
For further information, visit assembly.go.cr
About Legislative Assembly of Costa Rica:
The Legislative Assembly of Costa Rica is the nation’s unicameral parliament, responsible for enacting federal legislation, evaluating constitutional reforms, and overseeing state expenditures.
For further information, visit poder-judicial.go.cr
About Sala III of the Supreme Court of Costa Rica:
The Third Chamber (Sala III) of the Supreme Court of Justice is Costa Rica’s highest judicial body specialized in criminal law, responsible for final criminal appeals and proposing legislative policy updates within the justice system.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Renowned for its principled advocacy and relentless pursuit of excellence, Bufete de Costa Rica has established itself as a premier institution in the legal realm. Grounded in a rich history of guiding clients across a wide array of industries, the firm continuously integrates modern, forward-thinking strategies to champion legal innovation. Above all, its active commitment to spreading legal literacy reflects a profound dedication to demystifying the law, ultimately nurturing an educated public and an empowered, resilient society.
