Organized Crime and Capital Growth

In criminal proceedings declared as special because of their delinquent nature, such as organized crime in Costa Rica, demands can be made, by civil means, for explanations of capital increases on the part of natural or legal persons who may lose them if they are not able to prove the legality of their origin.

Thursday, February 25, 2016

EDITORIAL

In Costa Rica Law 8754 Against Organized Crime was approved by the Legislature and promulgated by the Executive Branch in July 2009, but since May 2013, application of Articles 20, 21 and 22 have been suspended while a query was resolved with the supreme court on its possible unconstitutionality.

Now, a judgment emitted from that court has decreed "...The rules that were challenged do not violate the provisions of Articles 28 and 49 of the Constitution or the principles of innocence, in dubio pro reo, legitimacy of the trial judge's impartiality, intimation, technical defense, legality, criminality, property rights , abstention rights or due process (...), it also states that in the confiscation without criminal conviction or forfeiture, each party is required to substantiate the arguments supporting their position. "

See "Law 8754 Against Organized Crime" (in spanish).



More on this topic

Extinction of Domain and Fundamental Rights

May 2019

The bill being discussed in Costa Rica basically seeks to extinguish the assets of organized crime, but there are those who claim that as proposed, it puts at risk the presumption of innocence of individuals.

The extinction of domain is a concept that in practice refers to seizing or confiscating assets linked to criminal activities, and then transferring them in favor of the State.

Money Laundering in Central America

March 2017

The housing market, casinos, concert halls, and the livestock sector are all used to launder money in Central American countries.

Excerpted from the report "International Narcotics Control Strategy Report, Volume II, Money Laundering and Financial Crimes" by the  US State Department:

$4.2 billion Laundered in Costa Rica Per Year

March 2016

The figure is an estimate made by the Intelligence Directorate in Costa Rica released by the US State Department, along with information that indicates a rise in criminal organizations based in the country, and little capacity to combat them.

Money laundering is a criminal activity that handles amounts that are difficult to measure.

Rosenthal Case: Which Companies Can Keep Operating

October 2015

Assurance has been given that companies where Continental Group or its shareholders have a minority participation may continue to operate normally.

As outlined in an article on Televicentro.hn , the general coordinator of Government, Jorge Ramon Hernandez Alcerro, stated that "...

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