QCOSTARICA — Costa Rica’s Constitutional Court determined that legislative file 23.986, “Law to guarantee preventive detention (remand or placing a defendant in custody) in crimes that threaten public safety,” is unconstitutional.
The judges pointed out that the added principles such as “danger to the community” and “acts of terrorism directly related to the investigation” violate the principles of presumption of innocence, criminal legality, reasonableness, and proportionality.
This project is one of the initiatives that have been proposed in the Security and Drug Trafficking Commission of the Legislative Assembly with the intention of combating organized crime and drug trafficking.
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Legislator Gilberth Jiménez, who presides over said legislative body, regretted the resolution of the Court and assured that what the judges indicated is not the focus of the initiative.
“I hope that our judges understand and comprehend that many times, by not putting a person who is involved in criminal acts in prison, we have a murder or people who die,” he said.
He also said that many suspects detained for organized crime are released because the judges consider that the evidence is insufficient to arrest them.
“I think that we are in a time of very unsafe situations, of violence, where we see that femicides unfortunately gain strength and damage many lives. This plan was an action to correct this type of acts,” he concluded.
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