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Res. 17471-2021 Sala Constitucional · Sala Constitucional · 06/08/2021
OutcomeResultado
The Constitutional Court denied the habeas corpus, holding that the sentence is not yet final and computation can only occur once finality is achieved, with no judicial delay found.La Sala Constitucional declaró sin lugar el hábeas corpus, pues la pena no está firme y el cómputo solo procede al adquirir firmeza, sin que exista mora judicial.
SummaryResumen
The Constitutional Chamber denied a habeas corpus petition filed by an inmate who claimed that the Criminal Trial Court of Pérez Zeledón had not forwarded a final conviction with a defined sentence, preventing him from accessing prison benefits and a proper sentence computation. The Chamber found that the sentence imposed on the inmate—for offenses including aggravated violations of the Psychotropic Substances Law, violations of the Forestry Law (invasion of a protected area, illegal logging, and land-use change), embezzlement, and usurpation of public property—was not final. The Appeals Court of Cartago had repeatedly struck down the sentencing portion and the legal characterization of the acts, ordering further retrials. The Chamber held there was no undue delay by the judicial authorities and that computation of the sentence requires the penalty to be fully final. It referred to prior rulings on the same matter, concluding that the inmate's fundamental rights had not been violated, as the delays stemmed from legitimate exercise of procedural remedies by the parties.La Sala Constitucional declaró sin lugar un recurso de hábeas corpus interpuesto por un privado de libertad que reclamaba que el Tribunal Penal de Pérez Zeledón no había remitido la sentencia condenatoria firme para el cómputo de la pena, alegando que ello le impedía acceder a beneficios penitenciarios. La Sala constató que la pena impuesta al recurrente —por delitos como infracción agravada a la Ley de Psicotrópicos, infracción a la Ley Forestal (invasión a área de protección, aprovechamiento ilegal de recurso forestal y cambio de uso del suelo), peculado de uso y usurpación de bienes de dominio público— no se encontraba firme, pues el Tribunal de Apelación de Sentencia Penal de Cartago había anulado repetidamente el fallo en cuanto a la calificación legal y la determinación de la sanción, ordenando nuevos juicios de reenvío. La Sala consideró que no existía mora judicial atribuible a las autoridades y que el cómputo de la pena solo procede una vez que la sentencia adquiera firmeza también respecto del quantum de la pena. Además, se remitió a lo ya resuelto en sentencias previas sobre la misma situación del recurrente, reiterando que las partes han hecho un uso legítimo de los recursos procesales y que no se apreciaba lesión a sus derechos fundamentales.
Key excerptExtracto clave
In the case at hand, it was not proven that the petitioner has been sentenced to eleven years and six months in prison, nor that the quantum of the penalty for the crimes for which he was convicted in criminal case No. [Valor 005] had been set. Rather, it is observed that the criminal proceedings are still ongoing regarding the quantum of the penalty, and therefore the sentence computation cannot be issued until that aspect also becomes final. Accordingly, since the factual situation of the present case coincides with the facts resolved in this Chamber's ruling No. 2021008914 of 9:15 a.m. on April 30, 2021, the petitioner must abide by what was decided at that time.En el sub lite no se comprobó que el accionante se encuentre sentenciado a once años y seis meses de prisión, ni tampoco que se le hubiese fijado el quantum de la pena por los delitos a los que fue condenado en la causa penal n.ͦ [Valor 005]. Más bien, se observa que el proceso penal sigue en trámite en relación con el quantum de la pena, por lo que el cómputo de esta aún no se puede emitir hasta tanto tal extremo adquiera firmeza también. En ese sentido, como la situación fáctica del caso concreto coincide con los hechos que fueron resueltos en la sentencia de esta Sala n.ͦ 2021008914 de las 9:15 horas de 30 de abril de 2021, deberá estarse el accionante a lo dispuesto en esa oportunidad.
Pull quotesCitas destacadas
"En el sub lite no se comprobó que el accionante se encuentre sentenciado a once años y seis meses de prisión, ni tampoco que se le hubiese fijado el quantum de la pena por los delitos a los que fue condenado... Más bien, se observa que el proceso penal sigue en trámite en relación con el quantum de la pena, por lo que el cómputo de esta aún no se puede emitir hasta tanto tal extremo adquiera firmeza también."
"In the case at hand, it was not proven that the petitioner has been sentenced to eleven years and six months in prison, nor that the quantum of the penalty for the crimes for which he was convicted had been set... Rather, it is observed that the criminal proceedings are still ongoing regarding the quantum of the penalty, and therefore the sentence computation cannot be issued until that aspect also becomes final."
Considerando V
"En el sub lite no se comprobó que el accionante se encuentre sentenciado a once años y seis meses de prisión, ni tampoco que se le hubiese fijado el quantum de la pena por los delitos a los que fue condenado... Más bien, se observa que el proceso penal sigue en trámite en relación con el quantum de la pena, por lo que el cómputo de esta aún no se puede emitir hasta tanto tal extremo adquiera firmeza también."
Considerando V
"El cómputo de pena, efectivamente, dicho trámite únicamente puede ser realizado una vez que la sentencia quede firme en cuanto a la pena impuesta, sin que ello constituya lesión alguna a sus derechos fundamentales, por cuanto así está establecido en la legislación infra constitucional vigente."
"The sentence computation can indeed only be performed once the judgment has become final with regard to the penalty imposed, and this does not constitute any violation of fundamental rights, as it is so established under the current infra-constitutional legislation."
Referencia a sentencia previa N° 2020-021694, Considerando III
"El cómputo de pena, efectivamente, dicho trámite únicamente puede ser realizado una vez que la sentencia quede firme en cuanto a la pena impuesta, sin que ello constituya lesión alguna a sus derechos fundamentales, por cuanto así está establecido en la legislación infra constitucional vigente."
Referencia a sentencia previa N° 2020-021694, Considerando III
"Si lo que pretende el accionante es cuestionar algún tipo de mora en la tramitación del proceso, debe advertirse que, relativo a la materia penal, en reiteradas ocasiones este Tribunal ha señalado que, si en la tramitación de algún asunto, recurso o gestión se ha producido algún retardo, la parte interesada deberá formular pronto despacho..."
"If the petitioner intends to contest any kind of delay in the processing of the case, it must be noted that, in criminal matters, this Court has repeatedly stated that if any delay has occurred in the processing of any matter, appeal, or procedure, the interested party must file a motion for prompt dispatch..."
Considerando V
"Si lo que pretende el accionante es cuestionar algún tipo de mora en la tramitación del proceso, debe advertirse que, relativo a la materia penal, en reiteradas ocasiones este Tribunal ha señalado que, si en la tramitación de algún asunto, recurso o gestión se ha producido algún retardo, la parte interesada deberá formular pronto despacho..."
Considerando V
Full documentDocumento completo
Date of Resolution: August 6, 2021 at 9:15 a.m.
Type of matter: Habeas corpus petition Judgment with protected data, in accordance with current regulations *210145340007CO* SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE JUSTICIA. San José, at nine hours fifteen minutes on the sixth of August two thousand twenty-one.
Habeas corpus petition processed in expediente no. ⸰ 21-014534 0007-CO, filed by [Name 001], identity card [Value 001], against the MINISTERIO DE JUSTICIA Y PAZ and the PODER JUDICIAL.
Considering:
Drafted by Magistrate Delgado Faith; and,
Considering:
I.Purpose of the petition. The petitioner, deprived of liberty in the CAI Antonio Bastida de Paz, indicates that he is at the disposal of the INC. He claims that he was sentenced to 11 years and six months of imprisonment; however, the Tribunal Penal de Pérez Zeledón has not sent the breakdown of the proven facts or the basis for the sentence to the “computation department.” He adds that sending the final and binding judgment is necessary to correctly calculate the days of imprisonment. He claims that, as a result of the above, he is going to be denied the benefit of Article 64 and, furthermore, one-third of the sentence had not been recognized as served. He adds that evaluations are also denied him because he lacks an “established” judgment. He states that he does not “choose” to modify the sentence, but rather that he be provided with the finality of the conviction. He asserts his condition is that of non-imputable. He censures the fact that the judgment is not final and binding. He asks that his conviction acquire finality and that the sentence liquidation order be issued as soon as possible.
On August 26, 2016, the protected individual entered the CAI Antonio Bastida de Paz at the disposal of the Juzgado Penal de Buenos Aires, for criminal cause no. [Value 005]. (Report from the director of the CAI Antonio Bastida de Paz).
The Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, in judgment No. 21-2019 at 4:00 p.m. on January 22, 2019, issued in cause no. [Value 003], ordered regarding the protected individual: “(...) POR TANTO In accordance with the foregoing, Articles 39, 41, and 50, of the Constitución Política, 8 subsection 2) of the Convención Americana de Derechos Humanos, 11 of the Declaración Universal de Derechos Humanos, 14 of the Pacto Internacional de Derechos Civiles y Políticos, applicable rules on civil liability of the Código Penal of 1941; 1045 and 1048 of the Código Civil; Decreto de Honorarios de Abogado number 36562-JP, in force at the time of the facts; 221 and 222 of the Código Procesal Civil; 1, 21, 22, 30, 31, 45, 49 to 51, 57, 71 to 76, 227 subsection 2, 281, 339 and 361 of the Código Penal; 1, 2, 3, 4, 5, 6, 8, 9, 16, 38, 70, 75, 110, 111 to 124, 142, 175 to 178, 184, 200, 258, 265 to 270, 303, 306, 308, 341 to 368 of the Código Procesal Penal; 1 and 3 subsections a) and d) of the Ley Orgánica de la Procuraduría General de la República; 1, 58, 77 subsection 0, 87, 90 to 93, of the Ley Sobre Estupefacientes, Sustancias Psicotrópicas, Drogas de Uso No Autorizado y Actividades Conexas, law number 8204; 11, 33, 34, 58 subsection a) and b), 61 subsection c) and 67 of the Ley Forestal number 7575, 9 of the Ley Contra la Delincuencia Organizada, law number 8754; by the result of the votes and unanimously, [Name 004], [Name 005], [Name 006], [Name 001], [Name 007], [Name 008], [Name 009], [Name 010] and [Name 011] are DECLARED responsible perpetrators of the crimes of VIOLATION OF THE LEY FORESTAL in the modalities of INVASIÓN EN ÁREA DE PROTECCIÓN, APROVECHAMIENTO ILEGAL DE RECURSO FORESTAL AND CAMBIO DE USO DEL SUELO in ideal concurrence with the crimes of PECULADO DE USO AND USURPACIÓN DE BIENES DE DOMINIO PUBLICO (sic), which concur materially with the crimes of ASOCIACIÓN ILICITA AND VIOLATION OF the Ley Sobre Estupefacientes, Sustancias Psicotrópicas, Drogas de Uso No Autorizado y Actividades Conexas in the modalities of CULTIVATION, PREPARATION, EXTRACTION AND TRANSPORT OF CANNABIS SATIVA FOR TRAFFICKING PURPOSES in an AGGRAVATED form, committed to the detriment of the NATURAL RESOURCES, PUBLIC HEALTH, PROPERTY, PUBLIC TRANQUILITY, and the ADMINISTRATION OF JUSTICE, and in that sense TWO YEARS OF IMPRISONMENT FOR THE CRIME OF ASOCIACÓN ILICÍTA IS IMPOSED ON EACH OF THE ACCUSED.
(...) Regarding the accused [Name 006] and [Name 001], each is imposed a sentence of FOUR YEARS OF IMPRISONMENT (sic), FOR THE CRIMES OF VIOLATION OF THE LEY FORESTAL in the modalities of INVASIÓN EN ÁREA DE PROTECCIÓN, APROVECHAMIENTO ILEGAL DE RECURSO FORESTAL AND CAMBIO DE USO DEL SUELO in its aggravated form, in ideal concurrence with the crimes of PECULADO DE USO, and USURPACIÓN DE BIENES DE DOMINIO PUBLICO (sic); and TWELVE YEARS OF IMPRISONMENT for each for the crime of VIOLATION of the Ley Sobre Estupefacientes, Sustancias Psicotrópicas, Drogas de Uso No Autorizado y Actividades Conexas through CULTIVATION, PREPARATION, EXTRACTION, AND TRANSPORT OF CANNABIS SATIVA FOR TRAFFICKING PURPOSES (sic), in its aggravated form, for a total of EIGHTEEN YEARS OF IMPRISONMENT. [Name 006] AND [Name 001] are also DECLARED responsible perpetrators of the crime of INCUMPLIMIENTO DE DEBERES, committed to the detriment of the DUTIES OF THE PUBLICA FUNCION (sic) and in that sense each is imposed the penalty of INHABILITACION (sic) PARA EL EJERCICIO DE CARGOS PUBLICOS (sic) for a period of FOUR YEARS, which shall be communicated to the corresponding entity. (...).” (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
The Tribunal de Apelación de Sentencia Penal de Cartago, by resolution No. 2019-438 at 10:13 a.m. on September 17, 2019, issued in cause no. [Value 003], resolved: “(...) POR TANTO The second ground of challenge raised by licenciado Leonel Villalobos Salazar is partially granted; partially the second ground of appeal by adhesion by licenciado Rafael Rodríguez Salazar and the second ground of appeal set forth by the Ministerio Público. Consequently, the ineffectiveness of the ruling is ordered regarding the legal classification of the facts deemed accredited in relation to the accused [Name 004], [Name 005], [Name 006], [Name 001], [Name 007], [Name 008], [Name 009], [Name 010] and [Name 011] for the crimes of violation of the Ley Forestal in the modalities of invasion into protected areas, illegal exploitation of forest resources, land-use change, peculado de uso, usurpation of public domain property, asociación ilícita and violation of the Ley Sobre Estupefacientes, Sustancias Psicotrópicas, Drogas de Uso No Autorizado y Actividades Conexas in the modalities of cultivation, preparation, extraction and transport of cannabis sativa for trafficking purposes in their aggravated form; as well as in relation to [Name 048] for the crimes of asociación ilícita and violation of the Ley sobre Estupefacientes in its modality of drug transport for trafficking purposes; the same as with respect to [Name 006] and [Name 001] for the crime of incumplimiento de deberes.
As a consequence of the foregoing, the ineffectiveness of the ruling is ordered regarding the section related to the reasoning and imposition of the criminal sanction in relation to the crimes whose concurrence must be established again by the Trial Court in the re-trial hearing (debate de reenvío). As unnecessary, a ruling is omitted in relation to the complaints related to the imposition of the sentence linked to the mentioned crimes. (...).” (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
The Sala Tercera de la Corte Suprema de Justicia, by resolution No. 2020-00345 at 10:23 a.m. on April 3, 2020, issued in cause no. [Value 003], declared inadmissible the cassation appeals filed against judgment No. 2019-438 at 10:13 a.m. on September 17, 2019. (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
The Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, by “Disposal Order” No. 738129 of April 17, 2020, issued in cause no. [Value 003], placed the protected individual at the disposal of the INC without establishing the quantum of the sentence; furthermore, this document stated that the judgment was dated January 22, 2019, and had become final on April 3, 2020. (Evidence provided by the deputy director of the INC).
The Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, by judgment No. 422-2020 at 3:00 p.m. on August 24, 2020, ordered: “(...) POR TANTO In accordance with the foregoing, cited norms, Articles 39 and 41 of the Constitución Política; sections 1, 11, 18, 19, 20, 21, 22, 30, 45, 50, 51, 59 to 63, 71, 75, 76, 227 subsection 3), 281, 339, 361 of the Código Penal; numbered 1 to 6, 12, 13, 16, 71, 142, 180 to 184, 341 to 367 of the Código Procesal Penal, directives 58, 77 subsections f) and h) of Ley sobre Estupefacientes, Sustancias Psicotrópicas, Drogas de Uso No Autorizado, Actividades Conexas, Legitimación de Capitales y Financiamiento al Terrorismo in Aggravated form, Articles 19, 33 subsection a), 58 subsections a) and b), 61 subsection c), 67 of the Ley Forestal; having declared the accused [Name 005], [Name 007], [Name 012], [Name 002], [Name 013], [Name 011], [Name 014] and [Name 015] guilty; it is resolved: (...) 2) In relation to the sentenced [Name 001] and [Name 006], it is classified as a crime of AGGRAVATED VIOLATION OF THE LEY DE PSICOTRÓPICOS, in its modality of Cultivation, Preparation, Extraction, and Transport of Cannabis Sativa for Trafficking purposes, committed to the detriment of PUBLIC HEALTH, which is in ideal concurrence with the crimes of VIOLATION OF THE LEY FORESTAL, in its modality of INVASIÓN A ÁREA DE CONSERVACIÓN Y PROTECCIÓN, APROVECHAMIENTO ILEGAL DE RECURSO FORESTAL, CAMBIO DE USO DE SUELO, committed to the detriment of NATURAL RESOURCES; a crime of USURPACIÓN DE BIENES DE DOMINIO PÚBLICO, committed to the detriment of STATE PROPERTY, a crime of PECULADO DE USO, committed to the detriment of the DUTY OF PROBITY, a crime of INCUMPLIMIENTO DE DEBERES to the detriment of the DUTIES OF THE PUBLIC FUNCTION, and in this character a sentence of ELEVEN YEARS and SIX MONTHS OF IMPRISONMENT and FOUR YEARS OF INHABILITACIÓN PARA OCUPAR CARGOS PÚBLICOS is imposed.
All of the above in material concurrence with the crime of ASOCIACIÓN ILÍCITA, committed to the detriment of PUBLIC TRANQUILITY, and in this character a sentence of ONE YEAR and SIX MONTHS OF IMPRISONMENT is imposed. Applying the rules of punishment for material concurrence and because it is more beneficial for the sentenced persons, the independently imposed sentences are applied. For meeting the legal requirements therefor, regarding the crime of Asociación Ilícita, the sentenced [Name 001] and [Name 006] are granted the Beneficio de Ejecución Condicional de la Pena, fixed at a period of THREE YEARS, a period during which the sentenced persons may not commit a new intentional crime punishable by more than six months of imprisonment. (...).” (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
The Tribunal de Apelación de Sentencia Penal de Cartago, by resolution No. 2021-210 at 1:05 p.m. on April 12, 2021, issued in cause no. [Value 003], resolved: “(...) POR TANTO The appeal filed by the prosecutorial representation is granted. The ineffectiveness of the ruling is declared with respect to the determination of the concurrence of crimes and the proper imposition of the sentence to be imposed. A new hearing of the debate is ordered with a different panel composition to safeguard the principle of impartiality. Notify.” (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
The coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, by official communication dated July 23, 2021, addressed to the Presidency of the Corte Suprema de Justicia, formulated “REQUEST FOR DETERMINATION OF THE COMPETENT TRIAL COURT TO CONDUCT REHEARING TRIAL DUE TO RECUSAL OF THE JUDGES OF THE TRIAL COURT OF PÉREZ ZELEDÓN” and specifically requested to determine the trial court that must hear the pending rehearing trial in the accumulated causes Nos. [Value 004] and [Value 006]. (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
The Presidency of the Corte Suprema de Justicia, by resolution PRC-1652-2021 at 8:30 a.m. on July 29, 2021, resolved the recusal of the Tribunal de Juicio del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, to hear the accumulated criminal causes Nos. [Value 004] and [Value 006], as follows: “(...) POR TANTO Refer to the Tribunal de Juicio del Segundo Circuito Judicial de la Zona Sur, Osa Sede, the accumulated criminal causes processed in expediente numbers [Value 004] and [Value 006], against [Name 004], [Name 016] and others, for the crime of violation of the Ley de Psicotrópicos; said court being the closest and of equal subject matter and category as the Tribunal de Juicio del Primer Circuito Judicial de la Zona Sur, sede Pérez Zeledón. Inform the Secretaría General de la Corte, which is also that of the Consejo Superior, of what is resolved herein. NOTIFY.” (Evidence provided by the coordinating judge of the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue).
On July 29, 2021, the INC, by electronic mail, inquired about the penalty amount for the protected individual to the Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, and also requested the sentence liquidation order; however, that same day, the jurisdictional authority replied: “(...) he does not have a final and binding judgment regarding the sentence, which is why he does not yet have a Sentence Liquidation Order (Auto de Liquidación).” (Evidence provided by the deputy director of the INC).
III.Background of habeas corpus petitions filed by the petitioner in relation to the lack of finality of the conviction and the non-issuance of the sentence computation. This Tribunal has heard several petitions filed by the appellant.
In this regard, in resolution No. 2021008914 at 9:15 a.m. on April 30, 2021, it ordered: “IV.- On the specific case. In summary, the protected individual asserts that expediente No. [Value 004] is being processed against him before the respondent offices. He notes that he has been deprived of liberty for four years and eight months, without knowing the actual amount he should deduct, because the judgments have been appealed on several occasions and the criminal proceeding has not concluded definitively. In this regard, the Sala has demonstrated that, indeed, criminal cause No. [Value 004] is being processed against the appellant for the crime of Violation of the Ley de Psicotrópicos and others. The Tribunal de Juicio del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, by Judgment No. 21-2019 at sixteen hours on January 22, 2019, sentenced the protected individual to a term of eighteen years of imprisonment for several crimes.
The Tribunal de Apelación de Sentencia Penal de Cartago, by Judgment No. 2019-438 at ten hours thirteen minutes on September 17, 2019, resolved to declare the ineffectiveness of the ruling regarding the protected individual, for the legal classification of the facts deemed accredited, ordering a rehearing trial. The preceding judgment was appealed before the Sala Tercera de la Corte Suprema de Justicia, which instance, by resolution 2020-00345 at ten hours twenty-three minutes on April 3, 2020, declared inadmissible the cassation appeals filed. The Tribunal Penal del Primer Circuito Judicial de la Zona Sur, Pérez Zeledón venue, by judgment No. 422-2020 at fifteen hours on August 24, 2020, resolved regarding the protected individual the new classification of the facts, and in this character a sentence of eleven years and six months of imprisonment was imposed. The preceding judgment was appealed by the Ministerio Público and the Tribunal de Apelación de Sentencia de Cartago, by resolution No. 2021-210 at thirteen hours five minutes on April twelve, 2021, resolved to grant the appeal filed, declaring the ineffectiveness of the ruling regarding the determination of the concurrence of crimes and the proper imposition of the sentence to be imposed.
The preceding resolution is pending drafting, additionally, the expediente is also pending re-entry to the Tribunal de Juicio de Pérez Zeledón to proceed with a new scheduling of a hearing regarding the sentence to be imposed. Now, having reviewed the background that exists in this Sala in relation to the protected individual here, of relevance to the resolution of this matter, Judgment No. 2020-021694 at nine hours twenty minutes on November ten, two thousand twenty, can be cited, in which the appellant basically questioned the same situation alleged in this new habeas corpus petition.
On that occasion, the protected person alleged: "(…) he is confined in the CAI Antonio Bastida de Paz, and has been deprived of liberty for four years and two months. Two years ago the Trial Court of Pérez Zeledón sentenced him to eighteen years in prison, a decision that was appealed before the Court of Cartago. He adds that this Court ordered a new trial (juicio de reenvío) due to poor reasoning. He states that on August 18, 2020, the Trial Court of Pérez Zeledón conducted the new trial (juicio de reenvío), and imposed an 'eleven-year, six-month sentence and three years with a conditional release benefit' (sic). However, the Public Prosecutor's Office appealed it, and now he has been waiting four years and two months for the sentence to become final, because he is not certain what the Court of Appeal of Cartago will decide this time (…)”. In that judgment, the Chamber resolved that: “(…) Additionally, this Chamber considers that the appealed judge is correct, in the sense that, in the case at hand, the alleged lack of clarity regarding the legal situation of the protected person (status of accused or sentenced) does not exist, since he was convicted by the Trial Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, by judgment No. 21-2019 of sixteen hours on January 22, 2019, which became final with respect to guilt, for which he was placed at the order of the National Institute of Criminology, with only the finality of the judgment regarding the legal classification and the penalty remaining.
Even though there is not yet a definitive determination of the penalty, this is due to the parties having made legitimate use of the remedies that the criminal procedural regulations establish against the judgment, without the evidentiary elements being able to demonstrate any delay in the processing of the file, in the terms raised by the appellant. Finally, regarding the penalty computation (cómputo de pena), indeed, that procedure can only be carried out once the judgment becomes final regarding the imposed penalty, without this constituting any infringement of his fundamental rights, since it is so established in the current infra-constitutional legislation. For the reasons set forth, the appeal is inadmissible in all its aspects, as is hereby ordered” (the emphasis does not correspond to the original). Consequently, since there are no new evidentiary elements that could vary the position held by the Chamber in the case of the protected person, specifically in relation to these same grievances, the petitioner must abide by what was resolved by this Court in Judgment No. 2020-021694 of nine hours twenty minutes on November tenth, two thousand twenty.
(…)
Therefore:
The appellant shall abide by what was resolved by the Chamber in Judgment No. 2020-021694 of nine hours twenty minutes on November tenth, two thousand twenty.
Likewise, in judgment No. 2020021694 of 9:20 a.m. on November 10, 2020, it was stated:
“III.- On the merits. On the issue of compliance with procedural deadlines and their relationship with prompt and complete justice, this Chamber has indicated that it is inferred that the Administration of Justice is obligated to resolve matters brought before it within a reasonable time, just as it has also indicated that Article 41 of the Political Constitution has not constitutionalized a right to deadlines, but rather the fundamental right of every person to have their case resolved within a reasonable time, which must be established in each specific case, taking into account the complexity of the matter, the conduct of the litigants and the authorities, as well as the particularities of each type of proceeding (see in this regard Judgment No. 2014-001680 of 9:20 a.m. on February 7, 2014). In the case under analysis, from the study of the file, it is evident that in criminal case No. [Value 004], for the crime of Violation of the Psychotropic Substances Law and others, brought against the protected person, [Name 002] and others, by judgment No. 21-2019 of sixteen hours on January 22, 2019, the Trial Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, sentenced the protected person, [Name 002], to a penalty of two years in prison for the crime of Illicit Association, four years in prison for the crimes of Aggravated Violation of the Forest Law, in ideal concurrence with the crimes of Peculation of Use and Usurpation of Public Domain Assets, and twelve years in prison for the crime of Violation of the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use and Related Activities, for a total of eighteen years in prison; and also, to the penalty of Disqualification from Holding Public Office for a period of four years, for the crime of Breach of Duties.
Likewise, by judgment 2019-438 of ten hours thirteen minutes on September 17, 2019, the Court of Appeal of Criminal Sentences of Cartago, resolved in relation to the accused [Name 003], to order the ineffectiveness of the verdict regarding the legal classification of the facts deemed proven, for the crimes of Violation of the Forest Law, Peculation of Use and Usurpation of Public Domain Assets, Illicit Association, Breach of Duties, and Violation of the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use and Related Activities; consequently ordering the ineffectiveness of the verdict regarding the reasoning and determination of the criminal sanction with respect to the crimes whose concurrence must be established anew in the new trial (juicio de reenvío), with that judgment being appealed in cassation. The Third Chamber of the Supreme Court of Justice, by resolution 2020-00345 of ten hours twenty-three minutes on April 3, 2020, declared inadmissible the cassation appeals filed against the cited judgment of the Court of Appeal of Criminal Sentences of Cartago.
Subsequently, the Trial Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, by judgment No. 422-2020 of fifteen hours on August 24, 2020, resolved that in relation to the accused [Name 003], the facts are classified as a crime of Aggravated Violation of the Psychotropic Substances Law, in the modality of cultivation, preparation, extraction and transport of Cannabis Sativa for trafficking purposes, committed to the detriment of Public Health, the same ideally concurring with the crimes of Violation of the Forest Law, in the modalities of Invasion of a Conservation and Protection Area, Illegal Exploitation of Forest Resources, Land-Use Change (Cambio de Uso de Suelo), committed to the detriment of Natural Resources; a crime of Usurpation of Public Domain Assets, committed to the detriment of State Assets; a crime of Peculation of Use, committed to the detriment of the Duty of Probity; a crime of Breach of Duties to the detriment of the Duties of Public Function, and in such character the penalty of eleven years and six months of imprisonment and four years of Disqualification from holding public office is imposed.
All of the foregoing materially concurring with the crime of Illicit Association, committed to the detriment of Public Tranquility, and in such character the penalty of one year and six months of imprisonment is imposed. In application of the rules of penalty for material concurrence and because it is more favorable for the sentenced individuals, the independently imposed penalties are applied. For meeting the legal requirements therefor, with respect to the crime of Illicit Association, the sentenced individual [Name 002] was granted the Benefit of Conditional Execution of the Sentence, set for a period of three years. Within the legal term, the Prosecutor's Office filed an appeal against this latter judgment before the Court of Appeal of Sentences of Cartago, so by resolution of fifteen hours eighteen minutes on September twenty-third, two thousand twenty, the Trial Court of the First Judicial Circuit of the Zona Sur, admitted said appeal, and summoned the parties to appear before the Court of Appeal of Criminal Sentences of Cartago within five days to assert their rights.
Likewise, by resolutions issued on October fifteenth and sixteenth last, several judges composing that office raised excuses to resolve the appeal filed against judgment No. 422-2020, previously cited, because they had heard the case in earlier stages.
IV.From the analysis of the facts deemed proven in the present matter, this Chamber considers that the period elapsed since September 23, 2020, the date on which the Criminal Court of the First Judicial Circuit of the Zona Sur admitted and elevated the appeal for its processing to the knowledge of the Court of Appeal of Sentences of Cartago, is not excessive, taking into account that during this period the summons of the parties was conducted, and it was necessary to process excuses raised by two compositions of the Court of Appeal, because they had heard the case in earlier stages, achieving a composition on November fourth last, which was resolved and communicated to the parties. All of the above occurred within a period that does not exceed two months from the formulation of the appeal filed, taking into account that judgment No. 422-2020, supra cited, was issued on August 24 last, and the appeal had to be filed within fifteen days of notification, according to numeral 460 of Law No. 8837 Creation of the Appeal of the Sentence, other Reforms to the Challenge Regime and Implementation of New Orality Rules in the Criminal Process of May 3, 2010.
Consequently, the alleged judicial delay is not deemed proven, and the appeal is therefore inadmissible. Additionally, this Chamber considers that the appealed judge is correct, in the sense that, in the case at hand, the alleged lack of clarity regarding the legal situation of the protected person (status of accused or sentenced) does not exist, since he was convicted by the Trial Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, by judgment No. 21-2019 of sixteen hours on January 22, 2019, which became final with respect to guilt, for which he was placed at the order of the National Institute of Criminology, with only the finality of the judgment regarding the legal classification and the penalty remaining. Even though there is not yet a definitive determination of the penalty, this is due to the parties having made legitimate use of the remedies that the criminal procedural regulations establish against the judgment, without the evidentiary elements being able to demonstrate any delay in the processing of the file, in the terms raised by the appellant.
Finally, regarding the penalty computation (cómputo de pena), indeed, that procedure can only be carried out once the judgment becomes final regarding the imposed penalty, without this constituting any infringement of his fundamental rights, since it is so established in the current infra-constitutional legislation. For the reasons set forth, the appeal is inadmissible in all its aspects, as is hereby ordered.
(…)
Therefore:
The appeal is declared without merit.”
IV.Fact not proven. Of importance for the resolution of this matter, it is deemed not proven that the petitioner is sentenced to eleven years and six months in prison, or that the quantum of the penalty for the crimes for which he was convicted in criminal case No. [Value 005] has been set.
V.On the specific case. In the sub examine, the petitioner, deprived of liberty in the CAI Antonio Bastida de Paz, indicates he is at the order of the INC. He states he was sentenced to eleven years and six months of imprisonment; however, the Criminal Court of Pérez Zeledón has not sent the "computation department" the breakdown of the proven facts nor the basis for the penalty. He adds that sending the final judgment is necessary in order to compute the days in prison correctly. He argues that, on occasion of the foregoing, the benefit of Article 64 will be denied to him and, moreover, the completion of one-third of the penalty was not recognized. He adds that evaluations are also denied to him due to lack of a "legally established" sentence. He mentions that he does "not opt" for modifying the penalty, but rather that the finality of the conviction be facilitated. He asserts his status is that of unimpeachable. He reproaches that the judgment is not yet final. He asks that his conviction become final and that the penalty liquidation order (auto de liquidación de la pena) be issued as soon as possible.
From the study of the proceedings, it is deemed proven that, on August 26, 2016, the protected person entered the CAI Antonio Bastida de Paz at the order of the Criminal Court of Buenos Aires, on occasion of criminal case No. [Value 005]. The Criminal Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, in judgment No. 21-2019 of 4:00 p.m. on January 22, 2019, issued in case No. [Value 003], ordered regarding the protected person: “(…) THEREFORE In accordance with the foregoing, articles 39, 41 and 50 of the Political Constitution, 8 section 2) of the American Convention on Human Rights, 11 of the Universal Declaration of Human Rights, 14 of the International Covenant on Civil and Political Rights, Rules in force on civil liability from the Penal Code of 1941; 1045 and 1048 of the Civil Code; Attorney Fee Decree number 36562-JP, in force at the time of the events; 221 and 222 of the Civil Procedure Code; 1, 21, 22, 30, 31, 45, 49 to 51, 57, 71 to 76, 227 section 2, 281, 339 and 361 of the Penal Code; 1, 2, 3, 4, 5, 6, 8, 9, 16, 38, 70, 75, 110, 111 to 124, 142, 175 to 178, 184, 200, 258, 265 to 270, 303, 306, 308, 341 to 368 of the Criminal Procedure Code; 1 and 3 sections a) and d) of the Organic Law of the General Attorney's Office of the Republic; 1, 58, 77 section 0, 87, 90 to 93, of the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use and Related Activities, Law number 8204; 11, 33, 34, 58 section a) and b), 61 section c) and 67 of the Forest Law (Ley Forestal) number 7575, 9 of the Law Against Organized Crime, Law number 8754; based on the result of the votes and unanimously, [Name 004], [Name 005], [Name 006], [Name 001], [Name 007], [Name 008], [Name 009], [Name 010] and [Name 011] are DECLARED responsible authors of the crimes of VIOLATION (sic) OF THE FOREST LAW in the modalities of INVASION IN A PROTECTION AREA (sic), ILLEGAL EXPLOITATION OF FOREST RESOURCES AND LAND-USE CHANGE (CAMBIO DE USO DEL SUELO) in ideal concurrence with the crimes of PECULATION OF USE AND USURPATION (sic) OF PUBLIC DOMAIN ASSETS (sic), which materially concur with the crimes of ILLICIT ASSOCIATION AND VIOLATION OF the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use and Related Activities in the modalities of CULTIVATION, PREPARATION, EXTRACTION AND TRANSPORT OF CANNABIS SATIVA FOR TRAFFICKING PURPOSES (sic) in AGGRAVATED form, committed to the detriment of NATURAL RESOURCES, PUBLIC HEALTH, PROPERTY, PUBLIC TRANQUILITY, and the ADMINISTRATION OF JUSTICE, and in this sense the penalty of TWO YEARS OF PRISON FOR THE CRIME OF ILLICIT ASSOCIATION IS IMPOSED ON EACH OF THE ACCUSED.
(…) With respect to the accused [Name 006], and [Name 001], the penalty of FOUR YEARS OF PRISON (sic) IS IMPOSED ON EACH, FOR THE CRIMES OF VIOLATION (sic) OF THE FOREST LAW in the modalities of INVASION IN A PROTECTION AREA, ILLEGAL EXPLOITATION OF FOREST RESOURCES AND LAND-USE CHANGE (CAMBIO DE USO DEL SUELO) in its aggravated form, in ideal concurrence with the crimes of PECULATION OF USE, and USURPATION (sic) OF PUBLIC DOMAIN ASSETS; and TWELVE YEARS OF PRISON for each for the crime of VIOLATION of the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use and Related Activities for CULTIVATION, PREPARATION, EXTRACTION AND TRANSPORT OF CANNABIS SATIVA FOR TRAFFICKING PURPOSES, in its aggravated form, for a total of EIGHTEEN YEARS OF PRISON. [Name 006] AND [Name 001] are ALSO DECLARED responsible authors of the crime of BREACH OF DUTIES, committed to the detriment of THE DUTIES OF PUBLIC FUNCTION (sic) and in this sense the penalty of DISQUALIFICATION (sic) FROM THE EXERCISE OF PUBLIC OFFICE (sic) for a period of FOUR YEARS is imposed on each, which will be communicated to the corresponding entity.
(…)”. The Court of Appeal of Criminal Sentences of Cartago, by means of resolution No. 2019-438 of 10:13 a.m. on September 17, 2019, issued in case No. [Value 003], resolved: “(…) THEREFORE The second ground of challenge raised by attorney Leonel Villalobos Salazar is partially upheld; the second ground of appeal by adhesion of attorney Rafael Rodríguez Salazar and the second ground of appeal established by the Public Prosecutor's Office are partially upheld. Consequently, the ineffectiveness of the verdict is ordered with respect to the legal classification of the facts deemed proven in relation to the accused [Name 004], [Name 005], [Name 006], [Name 001], [Name 007], [Name 008], [Name 009], [Name 010] and [Name 011] for the crimes of violation of the Forest Law (Ley Forestal) in the modalities of invasion in a protection area, illegal exploitation of forest resources, land-use change (cambio de uso del suelo), peculation of use, usurpation of public domain assets, illicit association and violation of the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use and Related Activities in the modalities of cultivation, preparation, extraction and transport of cannabis sativa for trafficking purposes in its aggravated form; as well as in relation to [Name 048] for the crimes of illicit association and violation of the Law on Narcotics in its modality of drug transport for trafficking purposes; as well as with respect to [Name 006] and [Name 001] for the crime of breach of duties.
As a consequence of the foregoing, the ineffectiveness of the verdict is ordered in the part relating to the reasoning and determination of the criminal sanction in relation to the crimes whose concurrence must be established anew by the Trial Court in the new trial hearing (debate de reenvío). As it is unnecessary, a pronouncement regarding the claims related to the setting of the penalty linked to the mentioned crimes is omitted. (…)”. The Third Chamber of the Supreme Court of Justice, by resolution No. 2020-00345 of 10:23 a.m. on April 3, 2020, issued in case No. [Value 003], declared inadmissible the cassation appeals filed against judgment No. 2019-438 of 10:13 a.m. on September 17, 2019. The Criminal Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, by means of "Place at the Order" (Tener a la Orden) No. 738129 of April 17, 2020, issued in case No. [Value 003], placed the protected person at the order of the INC without establishing the quantum of the penalty; furthermore, in said document, it recorded that the judgment was dated January 22, 2019, and that it had become final on April 3, 2020.
The Criminal Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, by judgment No. 422-2020 of 3:00 p.m. on August 24, 2020, ordered: “(…) THEREFORE In accordance with the foregoing, cited norms, articles 39 and 41 of the Political Constitution; numerals 1, 11, 18, 19, 20, 21, 22, 30, 45, 50, 51, 59 to 63, 71, 75, 76, 227 section 3), 281, 339, 361 of the Penal Code; nominals 1 to 6, 12, 13, 16, 71, 142, 180 to 184, 341 to 367 of the Criminal Procedure Code, ordinals 58, 77 sections f) and h) of the Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use, Related Activities, Capital Legitimization and Financing of Terrorism in Aggravated form, articles 19, 33 section a), 58 sections a) and b), 61 section c), 67 of the Forest Law (Ley Forestal); having declared the accused [Name 005], [Name 007], [Name 012], [Name 002], [Name 013], [Name 011], [Name 014] and [Name 015] guilty; it is resolved: (…) 2) In relation to the sentenced individuals [Name 001] and [Name 006], it is classified as a crime of AGGRAVATED VIOLATION OF THE PSYCHOTROPIC SUBSTANCES LAW, in its modality of Cultivation, Preparation, Extraction and Transport of Cannabis Sativa for Traffic purposes, committed to the detriment of PUBLIC HEALTH, the same ideally concurring with the crimes of VIOLATION OF THE FOREST LAW, in its modality of INVASION OF A CONSERVATION AND PROTECTION AREA, ILLEGAL EXPLOITATION OF FOREST RESOURCES, LAND-USE CHANGE (CAMBIO DE USO DE SUELO), committed to the detriment of NATURAL RESOURCES; a crime of USURPATION OF PUBLIC DOMAIN ASSETS, committed to the detriment of STATE ASSETS, a crime of PECULATION OF USE, committed to the detriment of the DUTY OF PROBITY, a crime of BREACH OF DUTIES to the detriment of THE DUTIES OF PUBLIC FUNCTION, and in such character the penalty of ELEVEN YEARS and SIX MONTHS OF PRISON and FOUR YEARS OF DISQUALIFICATION FROM HOLDING PUBLIC OFFICE is imposed.
All of the foregoing materially concurring with the crime of ILLICIT ASSOCIATION, committed to the detriment of PUBLIC TRANQUILITY, and in such character the penalty of ONE YEAR and SIX MONTHS OF PRISON is imposed. In application of the rules of penalty for material concurrence and because it is more favorable for the sentenced individuals, the independently imposed penalties are applied. For meeting the legal requirements therefor, with respect to the crime of Illicit Association, the sentenced individuals [Name 001] and [Name 006] are granted the Benefit of Conditional Execution of the Sentence, set for a period of THREE YEARS, a period during which the sentenced individuals may not commit a new intentional crime punishable by more than six months in prison. (…)”. The Court of Appeal of Criminal Sentences of Cartago, by means of resolution No. 2021-210 of 1:05 p.m. on April 12, 2021, issued in case No. [Value 003], resolved: “(…) THEREFORE The appeal filed by the prosecutorial representation is upheld.
The ineffectiveness of the verdict is declared with respect to the determination of the concurrence of crimes and the adequate setting of the penalty to be imposed. A new substantiation of the hearing (debate) is ordered, with a different composition, to safeguard the principle of impartiality. Notify.” The coordinating judge of the Criminal Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, by official communication dated July 23, 2021, addressed to the Presidency of the Supreme Court of Justice, formulated a "REQUEST FOR DETERMINATION OF THE COMPETENT TRIAL COURT TO CONDUCT THE NEW TRIAL HEARING (JUICIO DE REENVÍO) DUE TO THE RECUSAL OF THE JUDGES OF THE TRIAL COURT OF PÉREZ ZELEDÓN" and specifically requested to determine the trial court that must hear the pending new trial hearing (juicio de reenvío) in the accumulated cases Nos. [Value 004] and [Value 006]. The Presidency of the Supreme Court of Justice, by resolution PRC-1652-2021 of 8:30 a.m. on July 29, 2021, resolved the excuse of the Trial Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, to hear the accumulated criminal cases Nos. [Value 004] and [Value 006], as follows: “(…) THEREFORE The accumulated criminal cases processed in files numbers [Value 004] and [Value 006], brought against [Name 004], [Name 016] and others, for the crime of violation of the Psychotropic Substances Law, are referred for hearing to the Trial Court of the Second Judicial Circuit of the Zona Sur, Osa venue; as it is the closest court of the same subject matter and category as the Trial Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue.
Report what is resolved here to the General Secretariat of the Court, which is also that of the Superior Council. NOTIFY.” On July 29, 2021, the INC, by email, inquired about the amount of the penalty of the amparo petitioner from the Criminal Court of the First Judicial Circuit of the Zona Sur, Pérez Zeledón venue, and also requested the penalty liquidation order (auto de liquidación de la pena); however, that same day, the jurisdictional authority answered: “(…) does not have a final judgment regarding the penalty, which is why there is not yet a Liquidation Order (Auto de Liquidación).” In this regard, the petitioner questions that, despite having been sentenced to eleven years and six months, the Criminal Court of the First Judicial Circuit of San José has not sent to the Penalty Computation Unit of the INC "the breakdown of the proven facts nor the basis for the penalty"; however, in the sub lite, it was not proven that the petitioner is sentenced to eleven years and six months in prison, nor that the quantum of the penalty for the crimes for which he was convicted in criminal case No. [Value 005] has been set.
Rather, it is observed that the criminal process is still pending regarding the quantum of the penalty, so the computation (cómputo) thereof cannot yet be issued until such part also becomes final. In this sense, since the factual situation of the specific case coincides with the facts that were resolved in judgment of this Chamber No. 2021008914 of 9:15 a.m. on April 30, 2021, the petitioner must abide by what was ordered on that occasion.
Now, with respect to the remaining points, it is appropriate to declare the appeal without merit.
In this regard, the protected person alludes that, due to the lack of finality of the judgment, he cannot be subject to prison benefits and evaluations; however, this allegation is a priori dismissed, given that precisely the quantum of the penalty has not yet been set for him, and consequently, his legal situation within the prison system cannot be fully determined until that occurs. Note that although the petitioner himself states that he does "not opt" for modifying the penalty, the truth is that this point has not even been definitively established in the ordinary jurisdiction.
Likewise, the protected person requests the Chamber that his conviction become final and that the penalty liquidation order (auto de liquidación de la pena) be issued; however, as has been indicated, the determination of some points of his penalty by an ordinary court with a new composition is still pending. Also, in principle, it is not for this Chamber to determine the moment from which a judgment becomes final and, in any case, this latter situation is an indispensable requirement for the respective issuance of the penalty liquidation order (auto de liquidación de la pena). Consequently, no omission of constitutional relevance is perceived at this time.
Now, if what the petitioner intends is to challenge some type of delay in the processing of the case, it must be noted that, related to criminal matters, on repeated occasions this Court has pointed out that, if any delay has occurred in the processing of any matter, appeal, or proceeding, the interested party must file a request for prompt dispatch (pronto despacho) and, if no response is obtained within the period established in the legal system, may file the respective complaint before the Judicial Inspection, the Fiscal Inspection, or the Full Court, as appropriate. The foregoing is ordered in accordance with the provisions of article 174 of the Criminal Procedure Code. Therefore, if the amparo petitioner deems it pertinent, he may formulate such claims through the mechanisms that ordinary legislation establishes.
Finally, the appellant mentions that he is unimpeachable; however, he made such a statement in an isolated manner without setting forth any situation that, by its magnitude, warrants the intervention of the Chamber. In this sense, in principle, it is not for this Constitutional Court to determine whether or not the protected person is unimpeachable, since this type of points are properly to be ventilated in the ordinary jurisdiction.
VI.Documentation provided to the file. The parties are warned that, if they have provided any paper document, as well as objects or evidence contained in any additional electronic, computer, magnetic, optical, telematic device or produced by new technologies, these must be removed from the office within a maximum period of 30 business days counted from the notification of this judgment. Otherwise, any material not removed within this period will be destroyed, pursuant to the provisions of the "Regulation on the Electronic File before the Judicial Branch", approved by the Full Court in session No. 27-11 of August 22, 2011, article XXVI and published in Judicial Bulletin number 19 of January 26, 2012, as well as in the agreement approved by the Superior Council of the Judicial Branch, in session No. 43-12 held on May 3, 2012, article LXXXI.
Therefore:
Abide by what was resolved in judgment No. 2021008914 of 9:15 a.m. on April 30, 2021. In all other respects, the appeal is declared without merit.
Fernando Castillo V.
President Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Marta Eugenia Esquivel R.
Alejandro Delgado F.
Mauricio Chacón J.
*IXC7TM43EONM61* FILE No. 21-014534-0007-CO Telephones: 2549-1500 / 800-SALA-4TA (800-7252-482). Fax: 2295-3712 / 2549-1633. Electronic address: www.poder-judicial.go.cr/salaconstitucional. Address: (Sabana Sur, Calle Morenos, 100 mts. South of the Perpetuo Socorro church).
Receipt of matters from vulnerable groups: Supreme Court Building, San José, Catedral District, González Lahmann neighborhood, streets 19 and 21, avenues 8 and 6 It is a faithful copy of the original - Taken from Nexus.PJ on: 29-03-2026 08:32:07.
Sentencia con datos protegidos, de conformidad con la normativa vigente *210145340007CO* SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE JUSTICIA. San José, a las nueve horas quince minutos del seis de agosto de dos mil veintiuno .
Recurso de habeas corpus que se tramita en el expediente n. ⸰ 21-014534 0007-CO, interpuesto por [Nombre 001], cédula de identidad [Valor 001], contra el MINISTERIO DE JUSTICIA Y PAZ y el PODER JUDICIAL.
Resultando:
Redacta el Magistrado Delgado Faith; y,
Considerando:
I.Objeto del recurso. El accionante, privado de libertad en el CAI Antonio Bastida de Paz, indica que se encuentra a la orden del INC. Señala que fue condenado a 11 años y seis meses de prisión; sin embargo, el Tribunal Penal de Pérez Zeledón no ha remitido al “departamento de cómputo”, el desglose de los hechos probados ni el fundamento de la pena. Añade que el envío de la sentencia en firme es necesario a fin de computar los días prisión de manera correcta. Esgrime que, con ocasión de lo anterior, se le va a negar el beneficio del artículo 64 y, además, no se le reconoció el cumplimiento del tercio de la pena. Agrega que las valoraciones también se le niegan por carecer de sentencia "legalmente establecida". Menciona que no “opta” por modificar la pena, sino que se le facilite la firmeza de la condena. Asevera que su condición es de inimputable. Reprocha que la sentencia no se encuentre en firme.
Pide que su sentencia condenatoria adquiera firmeza y se emita el auto de liquidación de la pena lo antes posible. II. Hechos probados. De importancia para la decisión de este asunto, se estiman como debidamente demostrados los siguientes hechos: El 26 de agosto de 2016, el tutelado ingresó al CAI Antonio Bastida de Paz a la orden del Juzgado Penal de Buenos Aires, con ocasión de la causa penal n.ͦ [Valor 005]. (Informe del director del CAI Antonio Bastida de Paz). El Tribunal Penal del Primer Circuito Judicial de la Zona Sur, sede Pérez Zeledón, en la sentencia n.° 21-2019 de las 16:00 horas de 22 de enero de 2019 dictada en la causa n.ͦ [Valor 003], dispuso en cuanto al tutelado: “(…) POR TANTO De conformidad con lo expuesto, artículos 39, 41 y 50, de la Constitución Política, 8 inciso
Fernando Castillo V.
Luis Fdo. Salazar A.
Jorge Araya G.
Anamari Garro V.
Marta Eugenia Esquivel R.
Alejandro Delgado F.
Mauricio Chacón J.
*IXC7TM43EONM61*
Document not found. Documento no encontrado.