Your rights if the police detain you in Costa Rica

If the police detain someone in Costa Rica, that person has specific rights protected by the Constitución Política and the Código Procesal Penal (Ley N.º 7594) — knowing them helps you understand whether a procedure is being followed correctly.

Immediate rights at the moment of detention (Artículo 82 del Código Procesal Penal):

• Know the cause or reason for the detention, and which official ordered it.
• Be assisted by a lawyer of your choice from the very first moment of the process — if you do not choose one, a public defender will be assigned; you cannot be left without legal representation.
• Remain silent and not make any statement — and if you decide to speak, you have the right to have your lawyer present during that statement.
• Contact immediately a person of your choice to inform them of the detention.
• Not be subjected to coercion, torture, or any method that affects your dignity or your free will to decide.

The 24‑hour limit (Artículo 37 de la Constitución Política, and Artículo 91 del Código Procesal Penal): the police authority that detains someone must hand them over to the Ministerio Público, and the Ministerio Público has a maximum period of **24 hours** from the capture to present the person before a competent judge — either to request preventive detention or another measure, or to release them. If that deadline passes without being brought before a judge, the detention becomes illegitimate, and a habeas corpus petition (see the sheet on the Ley de Jurisdicción Constitucional) can be filed with the Sala Constitucional to challenge it.

Note: this sheet summarizes the most commonly consulted basic rights; it does not replace the advice of a defense attorney in an actual case. If you or someone you know is detained, the first thing is to ask to speak with a lawyer (your own or a public defender) before answering any questions — it is a right, not an indication of guilt.