Execution of the Sentence in Costa Rica – Probation and Prison Regime

Costa Rica does not yet have a single comprehensive law dedicated exclusively to the execution of sentences — the topic is divided among the Codigo Penal (the benefit of libertad condicional), the Codigo Procesal Penal (the procedure before the judge of execution of the sentence), and a regulation of the Ministerio de Justicia y Paz that organizes the daily prison regimen.

Important notice about a recent bill: in 2026 the Asamblea Legislativa approved a bill for a Ley de Ejecucion de la Pena (file 24.019) that would have created for the first time that comprehensive law, but the Poder Ejecutivo vetoed it completely in March 2026, citing constitutional concerns — which requires the Sala Constitucional to rule before the Asamblea can insist on approving it. As of the date of this sheet, that bill is NOT current law; if you see news about this reform, keep in mind that it is still pending and does not yet apply.

Libertad condicional — how it works today (Codigo Penal, Articulos 64-68): it is a benefit that the judge may grant (it is not automatic) to any person sentenced to prison, once half of the imposed sentence has been served in a final judgment. Requirements (Articulo 65): the person must not have been previously convicted of another common crime with a penalty greater than six months, and the Instituto Nacional de Criminologia must report on good conduct, employment or trade acquired, and issue a favorable opinion on the advisability of granting it.

Conditions and revocation (Articulos 66-67): the judge may impose conditions on the released person (including, since a 2014 reform, permanent location monitoring with an electronic device), which can be modified later. Libertad condicional is revoked if the person breaches those conditions, or if they commit a new crime punishable with more than six months of prison during the probation period — in that case the remaining part of the sentence must be deducted.

The three levels of care in the penitentiary system: the Ministerio de Justicia y Paz (through the Direccion General de Adaptacion Social) organizes the execution of sentences in three levels, from most to least restrictive:

Nivel institucional: closed centers, for those who require physical containment.
Nivel semi-institucional: less physical containment, with support from external networks; allows outings from the center for hours or days according to the program. Assigned by the Consejo Tecnico Penitenciario, for persons who no longer require physical containment and have family or community support.
Nivel de atencion en comunidad: the person serves the sentence in a socio‑community environment, outside a closed center. Placement at this level is decided directly by a tribunal of justice, not by the penitentiary administration.

Note: this sheet summarizes the most consulted benefit (libertad condicional) based on the current text of the Codigo Penal. The complete operational regulation of the prison regimen (detailed requirements to move from one level to another, specific rights within each center, disciplinary regime) is a lengthy technical document that is not detailed article by article here — for a real case, consult directly the Defensa Publica del Poder Judicial or the Instituto Nacional de Criminologia of the Ministerio de Justicia y Paz.