COSTA RICA - Criminal Prosecution to Punish War Crimes and Crimes against Humanity No. 8272

Article 2. Articles 378 and 379 are hereby appended to Part XVII of the Penal Code; the numbering of the subsequent articles is incremented accordingly.

The texts shall read as follows:

"Article 378. War Crimes. A prison term of between ten and twenty-five years shall be applied to anyone who, in the course of an armed conflict, commits or orders the commission of acts recognised as grave violations or war crimes by international treaties to which Costa Rica is party – where these treaties relate to participation in hostilities; the protection of the sick, wounded and shipwrecked; the treatment of prisoners of war; and the protection of civilians and cultural objects in cases of armed conflict – or by virtue of any other instruments of international humanitarian law.”

“Article 379. Crimes against Humanity. A prison term of between ten and twenty-five years shall be applied to anyone who, as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, commits or orders the commission of acts recognised as crimes against humanity by international treaties to which Costa Rica is party – where these treaties relate to the protection of human rights – or by virtue of the Rome Statute."

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.