Policy · Nationwide; Crucitas, San Carlos

Costa Rica Passes Bill Treating Illegal Mining as Organized Crime

On Oct. 5, 2026, Costa Rica's Legislative Assembly gave final approval to bill 23.952, which lets prosecutors treat illegal mining, wildlife trafficking and other environmental crimes by organized groups as organized crime, with up to 8 years in prison for mining in protected areas. As of the latest reports, the bill was awaiting President Laura Fernández's signature and publication before it can take effect.

By Pura-Verde.com Editors · Published October 30, 2026
Original report: The Tico Times: Costa Rica Moves to Treat Illegal Mining as Organized Crime (2026-07-29)

Costa Rica's lawmakers have finished their part of a long push to treat illegal mining and other environmental crimes as what prosecutors say they've become: organized crime. On Oct. 5, 2026, the Legislative Assembly approved bill 23.952 in its second and final debate. It isn't law yet. As of the latest reports, it was waiting for President Laura Fernández's signature and publication in the official gazette, La Gaceta.

A bill that took three tries

The bill, formally a reform of several laws to strengthen the fight against organized crime in environmental offenses, was filed in 2023 by then-lawmaker Ariel Robles Barrantes of the Frente Amplio party. It sat for years until the government added it to the agenda for July's extraordinary sessions, Semanario Universidad reported.

In late July, it passed a first debate with 53 votes, backed by all 5 parties, as The Tico Times reported the next day. But lawmakers then sent it back a step to toughen the penalties. The revised text passed first debate again on Aug. 27, again 53 to 0, according to Delfino.cr. Final approval came on Oct. 5, with 53 votes per CRHoy.

What the bill does

The core change: when 2 or more people work together to commit certain environmental crimes, prosecutors can use organized-crime tools. When the bill first passed in July, The Tico Times described those as wiretaps, longer investigation periods and extended pretrial detention, and said defendants in serious environmental cases could no longer avoid prison by paying only a fine.

The final penalties, as reported by CRHoy and El Observador:

• Illegal mining in protected areas such as national parks and biological reserves: 2 to 8 years in prison. The same applies to selling those minerals at home or abroad.
• Financing, organizing or profiting from unpermitted mining: 2 to 6 years.
• Illegal mining outside protected areas: 1 to 6 years.
• Wildlife trafficking without SINAC authorization: 2 to 4 years, rising to 3 to 6 years for endangered, reduced or CITES-listed species. Before, some of these offenses drew only a fine or a few months.
• Forestry and fishing crimes by organized groups: added prison time of up to 6 years.
• Sea turtle crimes by 3 or more people: 2 to 6 years.

Two exceptions survive. Small-scale artisanal sand extraction is exempt, and the regulated, community-run olive ridley egg harvest at Ostional stays legal under environment ministry rules.

Why Crucitas is at the center

Crucitas, in the Cutris district of San Carlos near the Nicaraguan border, has seen illegal gold mining for years. Prosecutors have described it in organized-crime terms. In August 2025, Luis Diego Hernández, the coordinating environmental prosecutor, said on a public prosecutor's radio program that investigators had identified financial backers who supply equipment, infrastructure and chemicals to illegal miners, Semanario Universidad reported.

The issue also brought rivals together. During a June 19 visit to Crucitas with opposition lawmakers, Fernández said illegal mining should be a specific, serious crime, and the Frente Amplio pointed to its own pending bill, Teletica reported. Frente Amplio lawmaker Edgardo Araya has said the bill aims at the networks behind the miners, not just the workers digging.

One point often gets mixed up: this bill does not legalize gold mining in Crucitas. A separate proposal to allow regulated gold exploration and mining in Cutris was still under discussion in the Assembly's Environment Committee as of July, according to The Tico Times. On Oct. 5, lawmakers also passed a different bill giving cooperative miners in Abangares, Guanacaste, up to 24 months to formalize their concessions.

What happens next

The president can sign the bill or veto it; after signing, it takes effect when published in La Gaceta. We couldn't find a report of either signature or publication as of Oct. 31. For travelers and residents, the most visible change, once it's in force, may be in wildlife cases, since tougher trafficking penalties back up the warnings in our stories on wildlife trafficking moving online and macaw poaching in Osa, and in our species conservation guide.

Frequently asked questions

Is illegal mining now organized crime in Costa Rica?

Not yet in force. The Legislative Assembly gave final approval to bill 23.952 on Oct. 5, 2026, but it still needs the president's signature and publication in La Gaceta to take effect.

What is the penalty for illegal mining in a Costa Rican national park under the bill?

2 to 8 years in prison for mining in national parks, biological reserves and other protected state land, or for selling minerals taken from them.

Does the bill allow gold mining in Crucitas?

No. A separate bill on regulated gold mining in the Cutris district was still in committee as of July 2026. Bill 23.952 only toughens penalties for illegal mining and other environmental crimes.

Does the law change wildlife trafficking penalties?

Yes. Trafficking wildlife without a SINAC permit would carry 2 to 4 years in prison, and 3 to 6 years for endangered or CITES-listed species.

Sources and original reporting

1. The Tico Times: Costa Rica Moves to Treat Illegal Mining as Organized Crime (2026-07-29)
2. Delfino.cr: Congreso aprueba en primer debate reforma para endurecer lucha contra minería ilegal y otros delitos ambientales (2026-08-27)
3. Semanario Universidad: Diputados aprueban en primer debate proyecto que penalizará con hasta ocho años de cárcel la minería ilegal (2026-08-28)
4. CRHoy: Congreso deja en firme cárcel de hasta 8 años por minería ilegal en áreas protegidas (2026-10-05)
5. El Observador: Diputados aprueban de manera definitiva que minería ilegal sea catalogada como crimen organizado (2026-10-06)
6. Teletica: Gira a Crucitas dejó una coincidencia entre el Frente Amplio y Laura Fernández (2026-06-19)
7. Semanario Universidad: Gobierno convoca plan del FA para castigar minería ilegal y delitos ambientales como crimen organizado (2026-07-16)
8. Semanario Universidad: Fiscal ambiental afirma que se han identificado figuras o patrocinadores de la minería ilegal del oro en el país (2025-08-26)

We wrote this story from the published reports and official sources above. We didn't interview the people named unless the story says so.