A woman tragically died after an apparent hit-and-run incident in the 15 de Setiembre neighborhood in Hatillo, San Jose. This was discovered by two agents from the Judicial Investigation Organism (OIJ), who noticed the woman’s body on the public road.
The agents promptly contacted the Red Cross, and upon arrival, Red Cross personnel determined that the woman had no vital signs and declared her dead at the scene. Initial investigations suggest that she was struck by a vehicle, and the driver fled the scene.
This incident has brought to light the legal implications of hit-and-runs in Costa Rica. A hit-and-run is a car accident where a driver leaves the scene of an accident, rather than stopping to provide aid or contact details with the others involved.
In the U.S., a person convicted of a hit-and-run accident may face fines, jail time, license suspension, and other criminal charges, depending on the state. However, in Costa Rica, the situation varies.
William Anderson, a lawyer and former traffic officer, spoke about the legal implications for those who flee after causing a culpable homicide. “In cases of culpable homicide, the person responsible is not legally required to remain at the scene. Costa Rica is one of the few countries in the world where this is the case,” he mentioned.
Anderson also pointed out that if the person responsible is not found, there is no one to hold accountable, not even the system. “The Constitutional Court has even ruled that a person involved in a fatal hit-and-run or injuries does not have to stay at the scene, as it would constitute self-incrimination,” he added.
The Constitutional Chamber determined that sanctioning someone for leaving the scene of a traffic accident was unconstitutional. The Chamber considered that by virtue of the principle of defense, this was valid.
The Penal Code did contain a sanction for hit-and-run cases. However, the change in criterion by the Chamber caused the elimination of the sanction, reducing it from 6 months to 2 years. Now, in these cases, a legal proceeding must be initiated.
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Ileana Fernandez
