Costa Rica tightens penalties for environmental offences as part of the fight against organised crime
“Costa Rica benefits from comprehensive protection under current environmental legislation; however, in light of the rise in activities linked to organised crime, it is necessary to increase the prison sentences applicable to certain offences, both to strengthen their deterrent effect and to discourage such offences from being committed”, explained Marco Quesada, Director of Environmental Law at ECIJA Costa Rica.
Amendments to Law 7317, the Wildlife Conservation Act
Articles 95 and 96 of this Act were amended as follows:
Article 95 establishes a prison sentence of two to four years for anyone who trades, deals in, traffics or transports wild animals or their by-products. The penalty shall be increased to between three and six years’ imprisonment where such acts involve species with reduced populations or those at risk of extinction, or species listed under the Convention on International Trade in Endangered Species.
Meanwhile, Article 96 imposes a prison sentence of two to four years on anyone who imports or exports wild animals, their products or derivatives, without the permission of the National System of Conservation Areas. The penalty shall be increased to between three and six years’ imprisonment where such acts relate to species with reduced populations or those in danger of extinction, or to species listed under the Convention on International Trade in Endangered Species.
Amendments to Law 7575, the Forestry Act
Article 57 bis is added, under which the custodial sentences provided for in Chapter II of Title VI shall be increased to between one and six years’ imprisonment where the offences have been committed by two or more persons under the conditions set out in Law 8754, the Law against Organised Crime.
The offences covered by this chapter include: (i) trespassing on a conservation or protected area, exploiting forest resources on land forming part of the State’s natural heritage, or breaching forest protection regulations (Article 58); (ii) wilfully causing a forest fire (Article 59); (iii) negligently causing a forest fire (Article 60); iv) harvesting forest products on private property without a permit, acquiring or processing them without authorisation, carrying out land-use conversion activities, removing them from private or State property, or transporting them without a permit (Article 61); v) constructing roads or tracks on forest land, or using logging machinery or equipment without a management plan (Article 62); and vi) moving timber without a permit, or poisoning or ringing trees without authorisation (Article 63).
Amendments to Act 8436, the Fisheries and Aquaculture Act
Article 157 bis is added, pursuant to which the custodial sentences provided for in Chapter I of Title X shall be increased from two to six years’ imprisonment where the offences have been committed by two or more persons under the conditions set out in Law 8754, the Law against Organised Crime.
Among the offences punishable by imprisonment in that chapter are: (i) permitting, ordering or authorising, at unloading points, the landing of shark fins without the corresponding body or tail, for the purpose of selling or marketing them (Article 139); (ii) pursuing, capturing, injuring, killing, transporting or trading in chelonians, marine mammals or aquatic species declared to be in danger of extinction and protected by international conventions applicable to Costa Rica, within the territorial sea (Article 140); and iii) unlawfully taking possession of fishing gear, machinery, tools, equipment, seed stock, inputs or products intended for or derived from fishing, or which are in use for aquaculture activities, where the value of the items taken does not exceed five times the basic wage.
Amendments to Law 8325, the Law on the Protection, Conservation and Recovery of Sea Turtle Populations
A second paragraph is added to Article 6 to increase the penalties from two to six years’ imprisonment where the following acts are committed by three or more persons: killing, hunting, capturing, butchering, transporting or trading in sea turtles, as well as keeping them for commercial purposes or trading in products or by-products derived from these species.
Amendments to Act 6797, the Mining Code
Articles 139, 140 and 141 of this Act were amended as follows:
Article 139 imposes a prison sentence of between two and eight years on anyone who carries out mining activities involving prospecting, exploration, extraction or exploitation in any area forming part of the State’s natural heritage, whether a national park, a biological reserve or another protected wilderness area.
Meanwhile, Article 140 imposes a prison sentence of two to six years on anyone who promotes, finances, administers, organises, facilitates or directs illegal mining activities involving prospecting, exploration, exploitation, extraction, processing, transport, marketing or beneficiation of mineral resources, or who derives a benefit from such activities for themselves or a third party, without holding the relevant permit or concession.
Finally, Article 141 imposes a prison sentence of one to six years on anyone who carries out mining activities involving prospecting, exploration, the movement of sediments, the movement of mineral resources, processing, storage, marketing, extraction or exploitation, without the required permit or concession.
In conclusion, the reform strengthens Costa Rica’s environmental criminal law framework by increasing the penalties applicable to conduct which, due to its organised nature, causes particularly serious damage to biodiversity, forests, fishery resources, sea turtles and mineral resources. Furthermore, it harmonises the punitive response to various forms of environmental crime and recognises that these activities may be carried out by organised structures that require a more rigorous state response.
“The effectiveness of the reform will depend not only on increased penalties, but also on the institutional capacity to investigate, coordinate and prosecute these offences, as well as on effective judicial enforcement that translates the tougher legislation into real protection for the country’s natural heritage,” said Quesada.