Costa Rica Expertise LLC

First of two parts

By Garland M. Baker
Special to A.M. Costa Rica

Prostitution is legal in Costa Rica. The activity is legal because there is no law against it. In this country, if there is no law prohibiting something, it is legal.

The legality of paid sex has spawned a wide range of activities that are not legal. Yet Costa Rica makes no effort to enforce these laws, despite lip service to the contrary.

The criminal code lumps most of these illegal activities under the heading of pimping. The skeptical could call it, simply, marketing.

Costa Rica has become a magnet for the sex tourist. The country rivals competitors like Thailand, Brazil, Sri Lanka, Dominican Republic and Cuba. Brazil and the Dominican Republic are the de facto leaders for sex tourism in the Western Hemisphere, but Costa Rica is a serious contender.

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Their hopes hang on an appeal

By Garland M. Baker
Special to A.M. Costa Rica

The retired Gringos lost round one in a criminal court case. They are in shock along with their lawyer. They purchased a condominium in August 2001 in Flamingo. In December 2003, the same company that sold them their condominium sold it again without their knowledge to another party. Shortly thereafter, a court evicted them and sent all their belongings to storage in San José. They have fought over four years just to get a court hearing of their case.

The trial lasted almost two weeks. The evidence supporting the double sale was overwhelming. The court agreed. The original owner of the property, a corporation, sold it twice, but the officers are not guilty. How is this possible? How can one sell something twice and not be guilty?

This is how:

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'Gee, judge, I'm just too busy'

By Garland M. Baker
Special to A.M. Costa Rica

Getting someone to show up for court in a criminal investigation is a Mickey Mouse game of hide-and-seek in Costa Rica. Good people usually obey the law, and bad ones do not. The whole process is another reason criminals get away with their illicit acts in this country. Getting witnesses to show up for a trial is even harder if they do not want to appear.

When the criminal court wants a person to show up for a deposition, a prosecutor sends the individual a citation. The citation is prepared on a single half sheet of paper. The document requests the person’s attendance usually within 24 hours of the date of the citation. The form contains the prosecutor’s name and the court issuing the document.

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A property fraud case study

By Garland M. Baker
Special to A.M. Costa Rica

A retired expat couple came back to Costa Rica last week to fight for their rights. They say they are fighting to get back their beautiful ocean view condominium taken from them over five years ago. The persons who got the condo were experienced in their game, and the retired couple honest and unsuspecting.

This criminal court case paints a classic Costa Rica property swindle scenario. The expat couple came to Costa Rica to look for a retirement home near the beach to enjoy their lives after many years of hard work and saving a retirement fund. They trusted the people they met including the attorneys they hired to look out for their interest. They invested about $300,000.

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By Garland M. Baker
Special to A.M. Costa Rica

Digging deeper into the three-letter rule to fire an employee in Costa Rica turned up something interesting. There is no three-letter rule. Giving two warning letters and then a final firing letter is only a custom in this country, not the law.

Actually, writing a letter to the employee is also a custom, not the law. The following analysis expands on the information written in the articles “Being too nice can backfire on any employer” and “Employers are getting pounded in labor court cases.”

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