Criminal Law System !

Last time we explained to the point of the preliminary hearing and the ways to conclude the process without a trial. We discussed several different ways to stop the process, when it is possible to do so, and how to avoid a full trial and the possibility of jail.

Now we will continue with explaining the situation that poses no possibility for reconciliation or a trial basis suspension time. (see previous article) >If the crime does not allow for an agreement between the parties, or if the minimum prison time established for the specific crime is more than 3 years, then the preliminary hearing will follow the trial procedures and will develop in the following way.

The FISCAL (District Attorney, or assistant) will present the accusation to the judge. He will explain what were the circumstances, the crime, the Code and Article that was violated, and also will ask the judge for the case to go before the Trial Tribunal to be prosecuted.

THE QUERELLANTE (private prosecutor), will do the same job as the FISCAL, he will seek the prosecution of the case in order for the offender to serve time for his crime, with the same rights and obligations as the FISCAL, and the same possibilities of participation in the trial itself.

The ACTOR CIVIL (Damage claim from the offended), will explain what were the damages caused by the offender’s action, will state the amounts he thinks fair for indemnisation, and name the articles of law that provide him the right to participate and see that the case is prosecuted.

With this information, plus whatever is available in the file from the investigation (which up to that moment is only the preliminary investigation for a crime) the Judge in this part of the legal process, called JUDGE FOR THE INTERMEDIATE PROCESS, will decide if the case has enough arguments to take it to court, or if the case should be dismissed.

If he decides to dismiss, then he will produce a super session statement that will terminate the investigation and the person involved will not be investigated for the same events again.

If he decides to continue, then the process will go into the hands of the TRIAL JUDGES, normally three. One will prosecute, one will preside, and one will process. ( the third only signs the final statement)

The TRIAL JUDGE, will call upon the part's and put the file in disposition of any of the part's, will call on the accuser to present the evidence they have against the accused, testimony, expert, witness, offended declarations, laboratory exams, and all evidence available so both parties will be able to be prepared. (He will give a period of three days for that purpose)

At this moment the offender can solicit that the trial be taken in two separate parts. One only to determine his responsibility in the crime, and the second phase to determine the penalty he should serve in case he is found guilty.

The Tribunal will call for a date for the trial in the following five days after receiving the investigation. Also a previous date can be set to take some depositions, or to review evidence in case that the witness is very ill and in danger of dying, or he has to leave the country, or the evidence can fade or be destroyed because of time.

Limitations on the freedom of the offender: If the offender is free and the Tribunal thinks there is a possibility of fleeing, they can order the offender to be incarcerated until the date of trial. This in order to guarantee that it will take place.

All trials are public, anybody can be present at a trial, and the dates and places are always available in the courthouses.

In case of media participating with coverage of the trial; radio, television or written press, may install their recording equipment in the trial room. The tribunal will determine the conditions and place where this activity will take place in the courtroom.

No minor under 12 will be allowed in the courtroom except when accompanied by an adult. This is for purposes of maintaining order

The first action to take place on the date of trial are exemptions; this means that if there are any new events or knowledge of new situations involving the legality or the feasibility of the case taking place, this is the moment for the lawyer to say so. The Tribunal will hear all the exemptions and will make decisions regarding them. If the party involved does not like the decision he will make a statement to make it clear that he will appeal the final decision in this trial.

Once the trial starts all testimonies are heard, the professionals give expert opinions, then the tribunal asks the offender if he would like to make a statement. If he does, all the parties may cross examine the offender, so sometimes it is not recommended by the defense for the offender to take the bench. All the expert opinions and the witnesses can be cross-examined by the lawyers of all the parties, and by the district attorney.

After all witnesses and professionals are finished, the presiding judge will incorporate by a reading of all documents presented by the parties as evidence. This part can be omitted as if already read if the lawyers and the District attorney agree on this.

After all this the final statements are heard from all the parties and the District Attorney. The judges, depending on the complexity of the case, will give the final decision determined by them in a matter of days or weeks with the closing of the trial hearing.

We do not use Jurors. Our system only takes the opinion of legal experts for a conviction, and no moral considerations are taken as within the Common Law System. Our tradition expresses that no ordinary person is in a position to give a final conviction by his conscience that which the laws uphold, and that conscience is not the way to determine a crime, only the law.

I hope this explains clearly the general idea of the criminal system, so you can understand from our point of view how it works. I am also aware that every individual case is different, and now that you know all this you might have new questions, so feel free to call any time to my office and I will happily answer them to help you get on the right track.

© El Residente ARCR Administración S.A. San José, Costa Rica N.B. Like all information on the internet, this article may currently be incorrect or out of date.