GIVING PEOPLE A SECOND CHANCE IN LIFE
By Arcelio Hernández Mussio, Esq.

People make mistakes in their lives, and that is a fact. From the time we are born, we as human beings are susceptible to commit errors, from which we hopefully learn and move on.

But in some places, there is a vindictive idea which turns into a policy which never ceases to torment those who have been arrested, detained or convicted. And believe it or not, in many cases the practical consequences in civil society are the same whether a person has been simply detained versus actually convicted of a crime. The same is true for civil matters in which a person has been found not to honor some contractual obligation: Their names are forever tainted and nobody will give that person a loan or a second chance, due in part to credit bureaus which do not take into account the passing of time.

Our constitutional court has ruled that once a certain amount of time has passed after a person has been arrested or convicted, or after a person has been found at fault in a civil lawsuit, the government has to destroy the records of such events, so as to give the person a new opportunity to act responsibly without the stigma associated with such records. Thus, for criminal matters, records are maintained for 10 years, and for civil matters for four years. This has become known as the person's "right to have such acts forgotten" with respect to a person´s past antisocial conduct.

I believe this to be a healthy policy, because in Costa Rica there are no life-long punishments, which are considered cruel and unusual, and because people can genuinely change and live a responsible and charitable life, even after they have made some tragic mistake in their lives.

In the Constitutional Court's decision No. 2004-04626, handed down at 12:04 hours on 30 April, 2004, the justices ruled that “every human being needs the recognition of his/her ability to rectify his/her life, which consists of an exercise by the creative force of his/her freedom. If to the negative fact of the error committed, we add the impossibility of restoration and a new creation, life for human beings would be suspended and without further possibilities, at the time they erred.”

Experience teaches us that those countries where the rehabilitation of prisoners is a priority, where no perpetual punishments are permitted, the crime rate goes down dramatically. To respect the life of others, and the possibility of redemption, is to respect and love ourselves as human beings. And because society is made up by individuals, respect for every individual makes a healthier society more achievable.

Contact information:
Lic. Arcelio Hernandez Mussio
Attorney at Law / Notary Public 12358
www.CRTitle.com
info@crtitle.com

"...Investing in Costa Rica can be done
with the Utmost Professional Legal Representation..."