QCOSTARICA — Starting today, October 1, 2024, Costa Rica will experience a fundamental transformation in the way Family Law processes are managed, with the implementation of the new Código Procesal de Familia (Family Procedural Code).
This regulatory change seeks to modernize judicial proceedings, moving from a system based on the written process to an oral one, in order to offer faster, more efficient and closer justice to people.
“And the fact is that Family Law, until now, lacked its own procedural framework. Claims in this area were being processed under the procedures of the Civil Procedural Code, a rule that dates back to 1989 and that, although repealed for civil cases, continued to be used for family processes,” said Ricardo Núñez Montes de Oca, professor at the School of Law of Universidad Fidélitas.
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According to Núñez, this generated fragmentation, with around 35 different processes distributed in a multiplicity of laws and codes. Consequently, the new Family Procedural Code will consolidate all these claims into three main processes and four special processes, facilitating their management in the courts, added the law professional.
Link to the Codigo Procesal de Familia on Pgrweb.co.cr
A procedural model that puts people at the center
One of the main innovations of the new Code is its humanistic approach. “It has the person as its central axis and this will allow users to address the judge directly, favoring personal communication during oral hearings,” explained the professor. This dynamic will facilitate a space in which minors will also be able to participate actively, being heard and valued on equal terms with the other procedural parties (art. 41).
Simplification and speed in the processes
The main benefit expected with the implementation of the Family Procedural Code is the agility of the procedures. The cases will be resolved orally, allowing the issuance of sentences at the end of the hearings or a few days later.
In addition, new technologies will play a key role in this new system, since in addition to the recording of the trials in audio, the possibility of holding hearings by videoconference for witnesses who are far from the court premises or in other countries is also given.
Comprehensive protection for children and against gender violence
According to Núñez, the new regulations will also reinforce the protection of children and adolescents through coordination with institutions such as the Patronato Nacional de la Infancia (PANI) – National Children’s Trust and the Instituto Nacional de las Mujeres (INAMU) – National Institute for Women, among others. Guidelines and protocols will be implemented to guarantee their safety and well-being at all times.
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Conciliation
Conciliation is not mandatory, but optional when applicable, since in certain cases it is prohibited, such as when unequal power relations between the parties are identified.
Conciliation will be attempted in a preliminary hearing before starting the formal process; if successful, it will resolve the conflict between the parties, but if not, the process will continue until its conclusion (art. 9).
Subsequently, during the main hearing, a new conciliation session will be scheduled, at which time the parties will already be aware of the arguments and evidence of both parties.
Revolution in family justice
“With the entry into force of the Family Procedural Code, a revolution in access to family justice in Costa Rica is expected.
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“This code, by putting people at the center of the judicial process and simplifying the procedures, promises to significantly improve the experience of those seeking legal solutions in this area, especially in cases involving minors and situations of gender violence,” emphasized Núñez.
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