For individuals navigating the legal landscape in Costa Rica, understanding the fee structure for legal services, particularly in criminal cases, is essential. The Arancel de Honorarios por Servicios Profesionales de Abogacía y Notariado en asuntos Penales, issued by the Poder Ejecutivo, delineates the minimum tariffs applicable in various scenarios.
According to the Arancel, the fees for legal representation in criminal cases vary based on the stage and nature of the legal proceedings:
1. Types of Cases and Associated Fees:
Traffic Violations and Minor Offenses: In cases where a trial is held, the minimum fee is set at fifty thousand colones. If the case concludes before the trial, the fee is reduced to fifty percent of the indicated amount.
Cases Tried by a Single Judge: For oral trials in cases under the jurisdiction of a single judge, the minimum fees are set at one hundred fifty thousand colones. A fifty percent reduction applies if the process concludes before sentencing or through the abbreviated procedure.
Cases Tried by a Collegiate Tribunal: In cases heard by a Collegiate Tribunal, the minimum fee is two hundred thousand colones for trials that proceed to oral stages. This fee is halved if the case concludes before trial for any reason.
Sentence Review Processes and Appeals: The minimum fee for sentence review processes is seventy-five thousand colones. Appeals to higher courts, specifically the casación, attract a minimum fee of two hundred thousand colones.
2. Additional Costs:
Execution of Civil Sentences from Penal Cases: Seventy-five percent of the tariff stated in Article 18 is charged.
Extradition Processes: A minimum fee of one hundred fifty thousand colones is charged, reduced by fifty percent if the process concludes before any judgment.
3. Civil Actions Related to Criminal Cases:
Civil Actions: Fees for civil actions resulting from criminal cases are independent of the fees for the criminal proceedings themselves.
Querellas: When combined with a civil action, an additional fifteen percent of the established tariff applies.
4. Fee Determination and Contracts:
Contractual Agreements: For fees exceeding the minimum tariffs, a detailed contract specifying the amount and payment terms is necessary between the lawyer and the client.
The Arancel serves as a guiding document for both legal practitioners and individuals seeking legal assistance in criminal matters in Costa Rica, ensuring transparency and clarity regarding legal fees.
This tariff system aligns legal service costs with the various stages and complexities of criminal proceedings, promoting fair compensation for legal professionals while offering a standardized framework for clients seeking legal representation.
It’s crucial for individuals engaging legal services to discuss and clarify fee structures with their legal representatives, ensuring mutual understanding and adherence to legal regulations in Costa Rica’s judicial system.