Thursday 30 October 2008, San José, Costa
Rica
Organized Crime Law
Getting Closer To
Legislative Approval
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Organized Crime Law
Getting Closer To
Legislative Approval
The Comisión Especial de
Seguridad Ciudadana
(Special Commission of
Public Security)
unanimously approved the
Ley de Combate contra el
Crimen Organizado (Law
To Combat Organized
Crime), which has been
in discussion at the
commission level for the
last two months.
The law, if approved by
the Legislative
Assembly, would provide
judicial officials and
police the legal tools
to investigate and
pursue organized
criminal gangs.
The proposal defines a
criminal organization a
group of three or more
people, permanent or
temporary, who conspire
to commit a serious
crime or a series of
serious crimes.
Among the crimes that
would be included as
organized crime are
murders, crimes that
result in serious
injuries against
journalists, judicial
officials and members of
the Supreme powers.
Included in the
provision are also
crimes such as
international
trafficking of drugs,
arms and people, sexual
exploitation, money
laundering and
corruption, among a long
list.
Legislator, Luis
Barrantes, head of the
Movimiento Libertario
legislative party
members and president of
the Comisión Especial de
Seguridad Ciudadana,
said that the commission
has taken seriously the
points made by the
Fiscal General,
Francisco Dall’Anese.
The changes expected by
the new law, when
passed, is the creating
of a criminal database
that will be shared by
all police and judicial
agencies called the "Plataforma
de Información Policial",
that will be maintained
by Dirección del
Organismo de
Investigación Judicial (OIJ).
Both national police and
judicial agents, as well
as foreign agencies, can
have access to the
database, which will
include "immediate"
access to information of
public entities,
municipalities and
government agencies,
although a judge's order
is required in such
cases.
The changes also entails
the expansion the use of
telephone wire tapping
that can be used by
authorities to break up
criminal gangs. The
proposal would mean a
minimum four year prison
term for anyone
associated with
organized crime.
The proposed law also
contemplates punishment
for organized crime to
include loss of
financial gains and
paying taxes on ill
goten gains, in addition
to a speedier procedures
for seized property to
be transferred to
judicial authorities and
the proceeds to used to
further combat organized
crime.
The proposed law against
organized crime is
complimentary to the Ley
de Fortalecimiento de la
Seguridad Ciudadana
(Strengthening the Law
of Citizen Security)
whcih is currently in
the motions phase of the
legislative process. The
Ley de Fortalecimiento
is to combat common
daily crimes.
Barrantes hopes that
once the commission has
heard all the motions
and made the required
amendments, the proposal
receives speedy
legislative approval. |
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