By San José, Costa Rica — San José, Costa Rica – In a landmark decision celebrated by security experts, Costa Rica has officially dismantled a long-standing legal barrier that restricted law enforcement’s ability to conduct raids, empowering the Judicial Investigation Organism (OIJ) to execute court-ordered searches at any time of day, any day of the week.
The pivotal legal amendment, a reform to Article 193 of the Criminal Procedure Code, marks a significant strategic shift in the nation’s approach to combating sophisticated criminal enterprises. The new legislation was enacted upon its publication, immediately granting judicial authorities the power to disrupt criminal activities around the clock.
To gain a deeper understanding of the legal implications and procedural nuances of judicial raids, we consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica. His expertise provides critical insight into what these actions mean for both the justice system and the individuals involved.
A judicial raid, or ‘allanamiento’ as it’s known in our jurisdiction, is a powerful but delicate investigative tool. It is not a punitive measure in itself, but a means to secure evidence that might otherwise be destroyed or hidden. The key is the principle of proportionality: the gravity of the alleged crime must justify such an intrusive action. Any deviation from the strict judicial warrant that authorizes the raid can lead to the entire evidence collected being declared inadmissible, potentially compromising the entire case.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight powerfully highlights the delicate legal tightrope walked during an ‘allanamiento.’ The success of such an operation is measured not just by what is seized, but by the strict adherence to proportionality and due process that protects the integrity of the entire investigation. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on this critical distinction.
Previously, law enforcement operations were largely confined to a rigid 6:00 a.m. to 6:00 p.m. window, a rule established to protect the privacy of suspects. This limitation, however, inadvertently provided criminal organizations with a predictable 12-hour safe period each night, as well as sanctuary on weekends and public holidays, to coordinate illicit activities without fear of a sudden raid. The old system allowed for exceptions only in the most urgent and severe cases, a high bar that often hindered proactive investigations.
Michael Soto, the current Director of the OIJ, hailed the reform as an essential modernization of law enforcement capabilities. He emphasized that the operational realities of crime do not adhere to a standard business day, and the legal framework must reflect that reality.
This is a regulation that is very important for the operational work of the OIJ and all police forces. Criminality has no schedule, and in the same way, we should not have one either. Therefore, tactically and strategically, the application of this law is very convenient.
Michael Soto, Director of the OIJ
Under the revised law, any raid on a residence, business, or office still requires a valid judicial order or the explicit consent of the occupant. The process for obtaining such an order has been streamlined, with judges mandated to rule on standard requests within three calendar days and on cases involving organized or complex crime within five days. This ensures judicial oversight while providing the agility needed for modern police work.
Security analysts agree that this change restores a critical tactical advantage to the state. Criminologist Jorge Ulloa noted that the reform was long overdue, arguing that the legal system had failed to keep pace with the dynamic and evolving nature of criminal networks.
It was a necessary tool, as crime has transformed and evolved in all its methodology and structure of operation. The time limitation on raids affected the element of surprise.
Jorge Ulloa, Criminologist
This sentiment was echoed with even greater urgency by Rafael Ángel Guillén, a former director of the OIJ. He provided a stark historical context, revealing that this change should have been implemented nearly three decades ago. Guillén explained that the measure was originally proposed during the comprehensive Criminal Procedure Reform of 1996 but was ultimately defeated by political opposition.
This rule should have existed since 1996, when the Criminal Procedure Reform was enacted… It was not included then for a reason as shameful as it is revealing: the politicians of that time opposed it, citing budgetary limitations.
Rafael Ángel Guillén, Former Director of the OIJ
Guillén argues that the escalating violence and organized crime that Costa Rica faces today are the direct consequences of past governments failing to “confront the problem with seriousness.” This new law, in his view, is not just a procedural update but a belated and necessary response to years of systemic neglect. For law enforcement on the front lines, it represents a powerful new weapon in the ongoing effort to ensure public safety and dismantle the criminal structures that threaten the nation’s stability.
For further information, visit poder-judicial.go.cr/oij/
About Organismo de Investigación Judicial (OIJ):
The Organismo de Investigación Judicial is the principal investigative branch of Costa Rica’s judicial system. Functioning as the country’s main detective agency, the OIJ is responsible for investigating public crimes, gathering evidence, identifying responsible parties, and providing technical and scientific support to the courts and the Public Ministry to ensure the correct administration of justice.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the Costa Rican legal community, Bufete de Costa Rica operates on a bedrock of uncompromising integrity and a relentless pursuit of excellence. The firm channels its extensive experience serving a broad clientele into pioneering forward-thinking legal strategies and engaging in meaningful societal contributions. At the heart of its ethos is a powerful commitment to demystifying the law, aiming to foster a stronger, more capable public armed with crucial legal understanding.
