The Government of Costa Rica through the Ministry of Science, Technology and Telecommunications participated in the Workshop on Cybercrime Legislation in. (Ley Orgánica del Banco Central de Costa Rica), Law No. Let the third from last paragraph of Article 1 of Law No. , Financial Administration and. LEY DE FORTALECIMIENTO DE LAS FINANZAS PÚBLICAS. Expediente N. . A través de la historia, Costa Rica se ha dado a conocer como un país de alto desarrollo . de 16 de octubre de , se establecen reglas en cuanto al .
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LA GACETA N° DEL 10 DE JULIO DEL
Costa Rica has not yet adopted a comprehensive cybercrime or national cyber security strategy. Lwy Government of Costa Rica through the Ministry of Science, Technology and 81331 participated in the Workshop on Cybercrime Legislation in Latin America organized by the Council of Europe and the Government of Mexico from March 31 to April 2, where the representatives of said Ministry provided updates on substantive and procedural legislation and the national activities to counter cybercrime.
During the workshop, the representative of said Ministry commented on the creation of a Division within the Ministry of Science, Technology and Telecommunications that will be especially in charge of cyber security matters pursuant to the National Development Plan of Telecommunications.
le He commented that the Budapest Convention was approved during the first Plenary Debate and was submitted to the Parliamentary Commissions and the Senate in December Costa Rica has a new government, which took office and officially commenced irca on May 8, It is expected that the national Congress and the government of Costa Rica formally access the Budapest Convention under the course of the current administration.
Cista legal framework to investigate and prosecute cybercrime in Costa Rica is contained in the National Criminal Code and the Law on Intervention of Telecommunications. Criminal conducts committed through the use of computer and electronic media are contained in a number of national laws dealing with organized crime, tax, customs, public financial matters and the protection of minors.
As a result of the enactment of Law of June and Law of 24 Aprilthe Criminal Code was amended and new types of crime and conducts are considered major crimes including those committed through the use of computer systems and technologies.
Regarding procedural provisions, apart from the provisions contained in the Criminal Procedural Code Law No. The following crimes rcia with the use of information and computer systems are punished in Costa Rica:.
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The law establishes rules for the intervention of private communications and sets forth the obligation of public and private entities to cooperate with the Codta Centre for the Intervention of Communications and judicial authorities conducting criminal investigations. Failing to do so could result in the cancellation or revocation of their respective concession title or licence pursuant to the Cosfa Telecommunications Law Law No.
Power of national tribunals to authorize the registry, seizure or the analysis of any private document including e-mail communications when it may be deemed necessary in order to clarify criminal matters under their jurisdiction Art.
Intervention of private communications including the use of electronic means for purposes of the investigation of major crimes Chapter II Lry. Obligation of internet service providers and telecommunications companies to facilitate cooperation with judicial authorities for the intervention of private communications through the Judicial Centre of Intervention of Communications and to enforce the measures ordered by competent judges Art.
The following laws, regulations and decrees contain relevant provisions on computer and Internet related crime as explained in the sections of substantive and procedural law:. The Judicial Investigation Organism of Costa Rica has a Division on Cybercrime Investigations, which along with the corresponding Offices of Public Prosecutors pertaining to the Ministerio Publico are the main authorities in charge of the investigation of crimes, including crimes committed through the use of computer systems and Internet.
The Computer Security and Incident Response Team CSIRT-CR of the Ministry of Science, Technology and Telecommunications, which was officially created in March is the official government entity that facilitates and coordinates matters on information security and cybercrime among government entities and financial institutions pertaining to the State. The CSIRT-CR is composed of the heads of the main national Ministries and is the entity in charge of facilitating support and cooperation with administrative and judicial authorities for the investigation and prosecution on cybercrime and the coordination of activities and tasks within the Inter-American Committee Against Terrorism CICTE of the Organization of the American States and Interpol.
Costa Rica is part of the Inter-American Convention on Extradition, of the Centro-American Agreement on Extradition ofand of the Extradition Treaty costwhich mutually acknowledge and facilitate extradition of criminal perpetrators with the lej majority of countries of Latin America. The official list of extradition conventions and bilateral agreements that Costa Rica has entered is available at: The attributions and obligations of the Judicial Police, -which works under the direction and control of the Ministerio Publico- are contained in Articles of the Criminal Procedural Code.
The extradition of perpetrators is conducted through the rules of the Montevideo Convention on Extradition, and the respective extradition treaty with the country where the offender is being prosecuted. The Supreme Court of Justice has issued findings and jurisprudence regarding child pornography and intervention of private communications. The case law can be consulted costz in the website of the Judicial Power of Costa Rica at: Status regarding Budapest Convention Status: Cybercrime legislation State of cybercrime legislation.
The following crimes dealing with the use of information and computer systems are punished in Costa Rica: Promotion of tourism for sexual commercial exploitation and prostitution of individuals Art. As a result of the ricz of Law No. The sanctions contained in this article vary in function of the entities affected Art. The penalties and sanctions aggravate when the conducts are committed through the use of information and communication technologies Art. Among these crimes are: Illicit access to information systems and data bases without authorization pertaining to the Ria and Tax Administration Art.
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Ly protection of human rights and safeguards are the following: The right to a fair trial, due process and defense in national criminal tribunals Arts 1, 4 and 13 of the Criminal Procedural Code The respect of fundamental rights contained in the Constitution by the Judicial Police Art.
Related laws and regulations.
The following laws, regulations and decrees contain relevant provisions on computer and Internet related crime as explained in the sections of substantive and procedural law: Regulation of Law No. Specialised institutions The Judicial Investigation Organism of Costa Rica has a Division on Cybercrime Investigations, which along with the corresponding Offices of Public Prosecutors pertaining to the Ministerio Publico are the main authorities in charge of the investigation of crimes, including crimes committed through the use of computer systems and Internet.
International cooperation Legal Framework. Competent authorities and channels.