Travel Ban in Costa Rica: What to Do If Under Investigation

Travel Ban in Costa Rica: What to Do If You’re Under Investigation and Can’t Leave the Country

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An executive, an investor, or a company president doesn’t need a pretrial detention order to receive a travel ban in Costa Rica. Simply being named as a suspect in a criminal case is enough, as long as a judge sees a flight risk. For anyone running a business across borders, or who just needs to travel for personal or family reasons, this is, in practice, one of the most disruptive precautionary measures — and, done right, one of the fastest to get reviewed.

What is a travel ban and when is it ordered?

Article 244 of the Criminal Procedure Code (Law 7594) sets out a list of precautionary measures other than pretrial detention. A travel ban is one of them. Specifically, a judge can order it when there’s a flight risk or a risk of interfering with the process. It’s often paired with other measures from the same list, depending on the specific risk involved: periodic check-ins with the court, a no-contact order with witnesses or victims, electronic monitoring, or a financial bond.

As a general principle, every precautionary measure must respect the criteria of exceptionality and proportionality relative to the sentence that might eventually be imposed (Art. 10 CPP). In other words, it can’t become a punishment before trial.

Do you need pretrial detention to be barred from traveling?

Not in the sense of being locked up — but there’s an important nuance worth understanding. The Constitutional Chamber has repeatedly ruled that imposing any measure under Article 244, including a travel ban, requires the same procedural and factual grounds as pretrial detention (Arts. 239 and 239 bis CPP). Specifically, that means sufficient evidence of the suspect’s involvement, plus a real risk of flight, obstruction, or repeat offending.

The difference isn’t the standard of proof; it’s the intensity of the measure. When those same procedural risks can be managed without jailing the person, the judge should choose the less severe option — a travel ban, for instance — over pretrial detention. In practice, this cuts two ways for an executive or business owner. On one hand, you can receive a travel ban without being detained. On the other hand, there’s a real, concrete basis to challenge the measure if those grounds aren’t properly documented in the ruling that imposes it.

How long can a travel ban in Costa Rica last?

This is one of the points that creates the most uncertainty, and for good reason. Pretrial detention does have a clear ordinary limit: it can’t exceed twelve months (Art. 257(c) CPP). Non-custodial measures — like a travel ban — have no fixed deadline set in law. The Constitutional Chamber confirmed this itself in ruling N.° 2002-04394: not setting a specific end date or deadline for these measures doesn’t violate due process, as long as the judge applies reasonableness and proportionality in each case, and the right to be tried within a reasonable time is respected. Along the same lines, the Inter-American Court of Human Rights (case Andrade Salmón v. Bolivia, ruling of December 1, 2016, para. 149) requires that these measures be reviewed periodically to assess whether they’re still necessary, suitable, reasonable, and proportional.

A practical detail that few people know, and that can make a real difference for an executive with an international schedule: the Constitutional Chamber (ruling N.° 2007-10797) clarified that a travel ban, like any precautionary measure, can be reviewed later. The suspect can request written prior authorization each time they need to leave the country, and the judge can order a temporary lifting of the measure if warranted and any conditions are met. In other words, you don’t always have to wait for the ban to be lifted for good just to travel for business while the investigation continues.

How to request a review or lifting of the travel ban

Article 254 of the Criminal Procedure Code allows a request to review a precautionary measure once the circumstances that originally justified it have changed. In practice, that opens the door to requesting a lifting or substitution of the travel ban. For example, this can apply when the investigation moves forward without confirming the flight risk originally claimed, when enough time has passed that the measure is now disproportionate to the case’s status, or when alternative guarantees are available — a bond, demonstrated ties to the country, periodic check-ins — that cover the same procedural risk in a less invasive way.

Other precautionary measures affecting executives and companies

A travel ban rarely comes alone in economic crime cases. It’s common for it to combine with, or be replaced by, other measures from the same procedural catalog, depending on the case:

• Asset or account freezes, common in investigations involving money laundering or fraudulent administration, aimed at securing an eventual forfeiture or reparation of harm.
• Financial bonds, as a substitute guarantee that can help lift more restrictive measures. The Constitutional Chamber has required that the amount be justified and proportional to the flight risk it addresses, rather than an arbitrary or excessive figure (ruling N.° 2010-016942).
• Electronic monitoring and no-contact orders with witnesses, co-defendants, or staff at the company under investigation.
• Periodic check-ins with the court, as a less severe alternative once the perceived procedural risk has been reduced.

When an investigation involves a company under Law 9699 on corporate criminal liability, these measures can target both the individual under investigation and the company’s own assets. As a result, that requires a coordinated strategy between individual and corporate defense.

Why discretion matters in high-profile cases

For a CEO, a director, or a senior public official, a travel ban or an asset freeze rarely stays a purely judicial matter. Instead, it almost always carries a reputational and media dimension that deserves the same care as the strictly legal side. How the first hearing is handled, how the case is communicated publicly, and the relationship with the press can matter as much as the legal arguments themselves.

Our team has represented senior public officials and executives of Costa Rican and international companies in cases of this kind, with favorable outcomes, while always maintaining the confidentiality these cases require.

The service: representation in precautionary measures

We offer specialized representation for anyone facing, or who could face, a travel ban or another precautionary measure in Costa Rica:

• Risk analysis before the initial hearing, when the case allows for it.
• Representation at the hearing where the measure is discussed.
• Requests for review or lifting once the case’s circumstances change.
• Coordination with corporate defense when the investigation also involves the company under Law 9699.

Practical recommendations

1. Don’t wait for the measure to be imposed before seeking advice, if you already know an investigation is underway.
2. Document your ties to Costa Rica — family, work, property — since this is a key argument against flight risk.
3. Don’t assume the measure is permanent. The fact that it has no fixed deadline doesn’t mean it can’t be reviewed.
4. Coordinate your individual strategy with the company’s if the case also involves corporate criminal liability.
5. Check directly whether you have an active travel ban through the Judiciary’s official inquiry service before buying any plane ticket.

Frequently Asked Questions

Can I be barred from leaving Costa Rica without being detained?

Yes, but it requires the same grounds as pretrial detention (Arts. 239 and 239 bis CPP): sufficient evidence and a real procedural risk of flight, obstruction, or repeat offending. When that risk can be managed without jail, the judge should choose a less severe measure, such as a travel ban.

How long can a travel ban in Costa Rica last?

It has no fixed deadline set in law, unlike pretrial detention (capped at 12 months). However, the Inter-American Court requires periodic review of its necessity and proportionality. In fact, keeping it in place for a long time without review can be challenged.

Can I travel for a specific trip even with an active travel ban?

Yes, in certain cases. The Constitutional Chamber (ruling 2007-10797) confirmed that you can request written prior authorization to leave the country for a specific occasion, and the judge can order a temporary lifting of the measure if warranted and any conditions are met.

More on Reviewing and Combining Precautionary Measures

How can I request that a travel ban be lifted or reviewed?

Through a request to review the precautionary measure (Art. 254 CPP), once the circumstances that justified it have changed, or when less invasive alternative guarantees are available.

Is an asset freeze the same as a conviction?

No. It’s a precautionary measure meant to secure an eventual forfeiture or reparation of harm while the case is ongoing. It doesn’t imply a final criminal conviction, nor does it replace a sentence.

Can these measures affect both a company and its executive?

Yes, especially in investigations under Law 9699. In these cases, measures can target the individual under investigation and, in parallel, the company’s own assets or accounts.

Recommended reading

• Corporate Criminal Liability in Costa Rica: Complete Guide to Law 9699
• Money Laundering in Costa Rica: Crypto and Real Estate
• Tax Crime in Costa Rica: Thresholds, Penalties, and the Legal Excuse

This article is for informational purposes only and does not replace individualized legal advice. Laws and their judicial interpretation can change; always consult a lawyer before making decisions based on this content.