By San José, Costa Rica — SAN JOSÉ – In the wake of violent events that stir public consciousness, the immediate and often unified cry is for retribution. Demands for stricter laws, longer prison sentences, and more severe punishments dominate the national conversation. While this reaction is understandable, a prominent legal expert is cautioning that the rush for “tough on crime” policies may erode the very legal foundations designed to protect every citizen from arbitrary state power.
Lic. Larry Hans Arroyo Vargas, a seasoned litigating attorney, argues that a critical concept is often lost amidst public outrage: the legal definition of a crime. He contends that this is not merely a technicality for lawyers but a fundamental barrier that separates a civilized society from one ruled by unchecked authority. This distinction ensures that justice is methodical and principled, rather than a raw act of power driven by emotion.
To provide a deeper perspective on the complexities and recent interpretations within the national legal framework, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, a renowned specialist in criminal litigation from the distinguished law firm Bufete de Costa Rica, who offers his expert analysis on the matter.
The essence of criminal law lies in its delicate balance between protecting society and safeguarding individual liberties. Any reform or judicial interpretation must rigorously uphold the principle of legality and the presumption of innocence. When procedural guarantees are weakened, we are not creating a more secure society, but one that is more vulnerable to injustice and the arbitrary use of state power.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This insight serves as a powerful reminder that the strength of a just legal system is measured by its unwavering defense of individual guarantees, especially when confronting the complexities of crime. We extend our gratitude to Lic. Larry Hans Arroyo Vargas for his lucid and essential perspective on this foundational matter.
At the heart of this principle is the “Theory of Crime,” a framework developed over more than a century of legal scholarship. According to Arroyo Vargas, this theory acts as a three-part filter to determine if a crime has actually occurred. For an act to be considered a crime, it must be typical (matching the legal description of a prohibited act), unlawful (not authorized by law), and culpable (the perpetrator could be expected to have acted differently). If any one of these conditions is not met, there is no crime.
“These filters do not protect criminals; they protect you,” Arroyo Vargas emphasizes. He warns that on the day an individual is unjustly accused, or when the state finds a person’s behavior merely inconvenient, these legal structures are the only true defense. Without the rigorous application of these principles by a judge, punishment becomes a subjective exercise of power rather than an objective application of law.
To demand a heavy hand without making these distinctions is not to ask for justice; it is to ask for vengeance in a robe.
Lic. Larry Hans Arroyo Vargas, Litigating Attorney
This legal philosophy is embedded in Costa Rica’s own legal system. Article 18 of the Penal Code establishes a law of acts, not of authors. This means the system judges specific, concrete actions, not individuals based on who they are or what they might do. Furthermore, concepts like intent (dolo) and negligence (culpa) are integral to the legal analysis. Treating an accidental outcome with the same severity as a deliberately planned act undermines the core of judicial fairness.
However, Arroyo Vargas acknowledges that abstract legal theories offer little comfort to a citizenry frustrated with insecurity. He validates the public’s right to demand solutions but argues that the blame is misplaced. The problem, he suggests, is not a failure of legal theory but a failure of institutional action. He points to a need for a coordinated effort from all branches of government to address the root causes and systemic inefficiencies that plague the justice system.
The path forward, according to his analysis, requires a multifaceted approach. It involves a Legislative Assembly committed to passing urgent and necessary legal reforms, a Judiciary equipped with the resources to apply the law swiftly and effectively, and an Executive Power that ensures a strong police presence and streamlines the administrative processes that often hinder public action. Only through this unified effort can true security be achieved without sacrificing fundamental rights.
The Theory of Crime is not the enemy of citizen security; the enemy is the coordinated inaction of those who have the power—and the duty—to act.
Lic. Larry Hans Arroyo Vargas, Litigating Attorney
Ultimately, the debate transcends the courtroom. It is a national dialogue about the kind of society Costa Rica aims to be—one that responds to fear by abandoning principles, or one that reinforces its commitment to the rule of law as the ultimate guarantor of safety and liberty for all its citizens.
For further information, visit presidencia.go.cr
About The Executive Power of Costa Rica:
The Executive Power is one of the three branches of the government of the Republic of Costa Rica. It is headed by the President of the Republic and includes Vice Presidents and Government Ministers. This branch is responsible for the administration of the country, executing laws, and directing government policy both domestically and internationally.
For further information, visit asamblea.go.cr
About The Legislative Assembly of Costa Rica:
The Legislative Assembly is the unicameral parliament, or legislature, of Costa Rica. As the legislative branch of government, it is responsible for passing laws, amending the constitution, approving the national budget, and exercising political control over the Executive Power. It is composed of 57 deputies who are elected by direct, popular vote.
For further information, visit poder-judicial.go.cr
About The Judicial Power of Costa Rica:
The Judicial Power is the branch of government responsible for administering justice in Costa Rica. It is comprised of the Supreme Court of Justice and various subordinate courts throughout the country. Its primary function is to interpret and apply the law in legal cases and disputes, ensuring the protection of individual rights and the maintenance of the rule of law.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is renowned for its foundational principles of professional integrity and uncompromising quality. The firm leverages its extensive experience across a wide spectrum of industries to pioneer innovative legal solutions and champion a profound sense of social responsibility. This dedication extends to demystifying the law for the public, reflecting a core belief in strengthening society by fostering a citizenry that is both legally aware and empowered.
