In an unprecedented move, Costa Rica’s Supreme Court has approved a request from the Attorney General’s Office to ask the Congress (Asamblea Legislativa de Costa Rica) to review and potentially lift the criminal immunity of President Rodrigo Chaves-Robles.

The decision, made in a 15–7 vote by the full court, also includes a request to lift the immunity of Minister of Culture Jorge Rodríguez-Vives. Both officials are under investigation in connection with an alleged white-collar crime.

Under Costa Rica’s Constitution, a sitting president enjoys absolute criminal immunity for acts performed in an official capacity. This is the first time in the nation’s history that the judiciary has formally requested to strip a president of that protection.

The request now moves to the Congress, where at least 38 of 57 lawmakers must vote in favor for the process to proceed against both President Chaves and Minister Rodríguez.

The Attorney General formally charged Chaves and Rodríguez in April with the alleged crime of concussion, a white-collar offense under Costa Rican law.

Concussion occurs when a public official, while performing official duties, improperly demands, requests, or receives money, services, or other valuables for personal or third-party benefit. The penalty for that offense ranges from two to eight years in prison.

According to prosecutors, Chaves and Rodríguez pressured a man identified as Bulgarelli-Rojas, whose company held government contracts, into paying $32,000 to a woman named Fernández-Vílchez. That payment was allegedly tied to a lease and purchase agreement for a residence intended for Cruz-Saravanja, an alleged advisor to President Chaves.

The Attorney General’s Office stated that the payment was made in February 2023, shortly after Bulgarelli’s company received approximately $300,000 in government compensation.

Prosecutors further allege that President Chaves requested $1 million in non-reimbursable funds from the Central American Bank for Economic Integration (CABEI). Part of that money was allegedly directed toward contracts with Bulgarelli’s company, which provided communications, consulting, messaging, and public opinion analysis services to the government.

Minister Rodríguez is accused of ensuring that Bulgarelli’s firm received these contracts. Prosecutors say Rodríguez coordinated directly with the company, managed pre-contract planning, allocated funds, and served as the liaison with CABEI.

Rodríguez facilitated a hiring process that ultimately generated illicit financial gain for Cruz, according to the complaint.

The Attorney General contends that Chaves, Rodríguez, and Cruz acted in coordination to misuse $32,000 from Bulgarelli’s company, funds allegedly tied to the CABEI-managed contract from mid-2022.

The benefit allegedly went to Cruz, described as a close personal ally of Chaves and a key figure in his presidential campaign.

The case is primarily based on testimony and evidence provided by Bulgarelli, who has been granted protection under Costa Rica’s Opportunity Principle, as outlined in Article 22(b) of the country’s Criminal Procedure Code.

This provision allows prosecutors to suspend or decline criminal charges in serious cases if the individual agrees to fully cooperate with authorities.

However, the Attorney General cautioned that if Bulgarelli fails to provide effective assistance, the criminal case against him will be reactivated.

“If the collaboration provided by Bulgarelli turns out to be ineffective for the purposes of the Public Prosecutor’s Office, criminal prosecution against him will resume,” the Office said in a statement.

President Chaves is expected to respond to the accusations from the case in the coming hours.

In March 2025, Chaves led a government-organized protest against Attorney General Carlo Díaz-Sánchez. The demonstration, which took place outside the Supreme Court in San José, drew support from public institution employees, government ministries, and Chaves’ political base.

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