amended or partially rescinded; therefore, the following were the main elements in
force at the time of the facts.
Article 193: House raid and search. When the search is to be conducted in a place that is inhabited,
in its outbuildings, business premises or office, the raid and search shall be conducted in person by
the judge and he must initiate it between 6:00 a.m. and 6:00 p.m.
It can be conducted at any time when the resident or his representative consents or in extremely
serious and urgent cases. The order authorizing the raid shall indicate the urgent situation.
Article 195: Content of the order requiring the raid. The order requiring the raid shall contain:
a)
The name and position of the official who authorizes the raid and identification of the
proceedings in which it is ordered.
b)
The precise identification of the place or places to be searched.
c)
The name of the authority that will conduct the search, if the procedure will be delegated
to the Public Prosecution Service or the police, in order to proceed pursuant to the provisions
of this Title.
d)
The reason for the raid.
e)
The date and time that the procedure should be conducted.
71.
Both articles are in force currently. Also, regarding procedures to challenge the
decision to order pre-trial detention, at the time of the facts, the Code of Criminal
Procedure established:
Article 256: Appeal. During the preparatory and intermediate proceedings, the order that first
requires pre-trial detention or, after the first three months, rejects an alternative measure, may
be appealed without suspensive effect.
In addition, decisions that impose any other precautionary measure, or reject an alternative
measure may be appealed, without suspensive effect, when they are issued during the
preparatory and intermediate proceedings, in the absence of the cases described in the first
paragraph.
In those cases, the parties shall be summonsed for twenty-four hours and, once this has
elapsed, the higher court shall rule, without any procedures. To this end, only the essential
items to take a decision shall be sent to the court and the procedure established to process the
remedy of appeal shall not apply.
72.
In addition, the limitations to an order of pre-trial detention due to questions of
health are regulated in article 260, in force currently, and establish:
Article 260: Limitations. Pre-trial detention shall not be ordered for persons of more than
seventy years of age or valetudinarians, if the court considers that, if convicted, they will be
sentenced to less than five years’ imprisonment. In addition, it shall not be ordered for persons
suffering from a serious and terminal illness. In such cases, if it is essential to restrict their
liberty, house arrest shall be ordered or placement in a medical or geriatric center […].
73.
With regard to challenging judges, at the time of the facts articles 57 to 61 of
the Costa Rican Code of Criminal Procedure stipulated:
Article 57: Challenges of the judge. The Public Prosecution Service and the parties may
challenge the judge when they consider that there are reasons why he should recuse himself.
Article 58: Time and form of challenges. On submitting the challenge, the grounds on which it
is based and the pertinent evidence shall be indicated in writing, at the risk of inadmissibility.
The challenge shall be made within twenty-four hours of becoming aware of the grounds on
which it is based. During the hearings, the challenge shall be presented orally, under the same
admissibility conditions as the written presentations and a record shall be made of the grounds.
Article 59: Challenge procedure. If the judge admits the challenge, he shall apply the procedure
established for disqualification. To the contrary, he shall forward the challenge brief and his
report to the competent court or, if the judge is a member of a collegiate court, he shall request
that the other members also reject it. If it is considered necessary, a date shall be established
to hold a hearing to receive evidence and inform the parties. The competent court shall decide
the incidental plea within twenty-four hours, and no appeal is allowed.
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