The legislators of the Security and Drug Trafficking Commission approved a text that replaces the draft law for the extinction of ownership, which seeks to transfer the assets acquired through illicit activities to the State.
According to Gustavo Viales, president of the legislative forum, this text has the endorsement of the Costa Rican Institute on Drugs (ICD) and the Judicial Investigation Agency (OIJ) as they participated in its preparation.
Viales accepted that there are still changes to be made through motions; however, in this initiative progress was made in eliminating stages in the process to ensure protection of fundamental rights in due process and others.
Another key factor is related to a limitation period of ten years after the beginning of the process.
In order for the State to remove the assets of people who commit crimes, which will be detailed below, a due process is required, which includes a Court of Appeal in charge of resolving the appeals filed by the parties, while the First Chamber of the Supreme Court of Justice shall resolve the appeals against the resolutions issued by the Court of Appeal, that totally or partially confirm, or definitively resolve the sentence dictated.
In the case of the Judicial Investigation Agency (OIJ), it will be the institution in charge of initiating investigations, by complaint or by order of any judicial authority, through a specialized department in this matter.
These are the crimes listed:
a. Crimes provided for in Law No. 7786 on narcotic drugs, psychotropic substances, drugs for unauthorized use, related activities, legitimization of capital and financing of terrorism and its reforms.
b. Money laundering.
c. Public corruption, bribery, illegal exaction, embezzlement, influence peddling, corruption of officials and judges and any type of fraud in public office or to the detriment of public finances.
d. Illicit enrichment
e. Smuggling.
F. Tax evasion and tax crimes.
g. Illicit trafficking of weapons and explosives and infractions to the legislation in force that regulates the matter.
h. Terrorism in all its forms, its financing, as well as the proliferation of weapons of mass destruction.
i. Kidnapping for extortion or taking hostages.
j. Sexual exploitation in all its forms.
k. Trafficking in persons, illicit trafficking in persons or illicit trafficking in organs.
l. Manufacture or production of child pornography.
m. Paid murder.
n. Bank subtractions via telematics.
o. Cybercrime
p. Transport transfer of money from illegal activities
q. Genocide.
r. Typical behaviors that meet the objective requirements of the phenomenon of organized crime.