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Secuestro Extorsivo Costa Rica

Código Penal

Secuestro extorsivo.

 

Artículo 215.- Se impondrá prisión de diez a quince años a quien secuestre a una persona para obtener rescate con fines de lucro, políticos, político-sociales, religiosos o raciales.

 

Si el sujeto pasivo es liberado voluntariamente dentro de los tres días posteriores a la comisión del hecho, sin que le ocurra daño alguno y sin que los secuestradores hayan obtenido su propósito, la pena será de seis a diez años de prisión.

 

La pena será de quince a veinte años de prisión:

 

1. Si el autor logra su propósito.

 

2. Si el hecho es cometido por dos o más personas.

 

3. Si el secuestro dura más de tres días.

 

4. Si el secuestrado es menor de edad, mujer embarazada, persona incapaz, enferma o anciana.

 

5. Si la persona secuestrada sufre daño físico, moral, síquico o económico, debido a la forma en que se realizó el secuestro o por los medios empleados en su consumación.

 

6. Si se ha empleado violencia contra terceros que han tratado de auxiliar a la persona secuestrada en el momento del hecho o con posterioridad, cuando traten de liberarla.

 

7) Cuando la persona secuestrada sea funcionario público, diplomático o cónsul acreditado en Costa Rica o de paso por el territorio nacional, o cualquier otra persona internacionalmente protegida de conformidad con la definición establecida en la Ley N.º 6077, Convención sobre la prevención y el castigo de delitos contra las personas internacionalmente protegidas, inclusive agentes diplomáticos, de 11 de agosto de 1977, y otras disposiciones del Derecho internacional, y que para liberarla se exijan condiciones políticas o político-sociales.

 

(Así reformado el inciso anterior por el artículo 1°, punto 1., aparte b) de la Ley de Fortalecimiento de la Legislación contra el Terrorismo, N° 8719 de 4 de marzo de 2009).

 

8) Cuando el secuestro se realice para exigir a los poderes públicos nacionales, de otro país o de una organización internacional, una medida o concesión.

 

(Así reformado el inciso anterior por el artículo 1°, punto 1., aparte b) de la Ley de Fortalecimiento de la Legislación contra el Terrorismo, N° 8719 de 4 de marzo de 2009).

 

La pena será de veinte a veinticinco años de prisión si se le infringen a la persona secuestrada lesiones graves o gravísimas, y de treinta y cinco a cincuenta años de prisión si muere.

 

(Así reformado por el artículo único de la Ley N° 8127 de 29 de agosto del 2001)

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