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law no 612
LAW OF DECEMBER 03, 2014
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has Sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW OF AMENDMENT OF LAW NO 044,
?LAW FOR THE JUDGMENT OF THE PRESIDENT OR PRESIDENT
AND/OR OF THE VICE-PRESIDENT OR VICE-PRESIDENT, OF HIGH AUTHORITIES OF THE SUPREME COURT OF JUSTICE, AGRI-ENVIRONMENT COURT,
COUNCIL OF THE MAGISTRATE, TRIBUNAL PLURINATIONAL AND PUBLIC MINISTRY CONSTITUTIONAL?,
OF 8 OCTOBER 2010
ARTICLE 1. (OBJECT). This Law is intended to amend Articles 23, 26, 27, 29, 32, 33, 34,
37, 38, 39, 40, 44, 45, 46, 49, 50 and 51 and to incorporate Article 44 Bis into Law No 044,?Law for the Juzgement of the President or President and/or the Vice-President or Vice-President, High Authorities of the Supreme Court of Justice, Agro-Environmental Court, Council of the Magistracy, Plurinational and Plurinational Constitutional Court Public Ministry of 8 October 2010 regarding the trial of high authorities of the Supreme Court of Justice, Agro-Environmental Court, Council of the Magistracy, Plurinational Constitutional Court, and the Public Ministry.
ARTICLE 2. (AMENDMENTS). 23, 26, 27, 29, 32, 33, 34, 37, 38, 39, 40, 44,
45, 46, 49, 50 and 51 of Law No 044 are amended.Law for the Juzgement of the President or President and/or the Vice-President or Vice-President, High Authorities of the Supreme Court of Justice, Agro-Environmental Court, Council of the Magistracy, Plurinational and Plurinational Constitutional Court Public Ministry?, dated October 8, 2010, with the following text:
?Article 23. (Nature).
The judging function of the Plurinational Legislative Assembly, is disciplinary in nature for the unlawful acts committed in the specific exercise of the functions of the high authorities of the Court Supreme of Justice, Agro-Environmental Tribunal, Council of the Magistrate, Plurinational Constitutional Court and the Prosecutor General of the State and shall be exercised in accordance with the provisions of the Constitution of the State and the
The process will be submitted to the present Law and the Code of Criminal Procedure in everything that was applicable.
Article 26. (Knowledge of the Illicit Fact).
The person who has knowledge of the commission of an illicit event in which the high authorities of the Supreme Court of Justice, Agro-Environmental Court, Council of the Magistracy, have participated, Plurinational Constitutional Court and the Prosecutor General of the State, committed in the performance of his duties, may denounce him before the President or President of the Chamber of Deputies, who shall transmit to the President or President of the Committee on Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies.
He or the complainants will be able to ratify his complaint, presenting in writing before the Committee of Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies.
When the organs responsible for criminal action are aware, of their own motion, or of a complaint on the part of the commission of an unlawful act in which one or more high authorities of the Supreme Court of Justice have participated, Court of Justice, Council of the Judiciary, Constitutional Court Plurinational and the Prosecutor or the Prosecutor General of the State in the performance of their duties, they shall send a record to the President or President of the Chamber of Deputies, who shall forward to the President or President of the Commission of Justice Plural, Public Ministry and Legal Defense of the State of the Chamber of Deputies, for the exercise of investigation and prosecution.
Article 27. (Organs of the Preparatory Stage).
Corresponds to the Committee on Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies, through the State Public Ministry and Legal Defense, to promote research in the preparatory stage.
The control of the constitutional guarantees of the research in the preparatory stage, will be carried out by the Commission of Constitution, Legislation and Electoral System of the Chamber of Deputies.
The resolutions issued during this stage will only be used by means of an incidental appeal of knowledge of the Human Rights Commission of the Chamber of Deputies, without further appeal. The resolutions of the Human Rights Commission will be adopted by an absolute majority of votes from those present.
The Plural Justice, Public Ministry and Legal Defense Committees of the State and Human Rights, for adequate compliance with the functions attributed in this Law, may be required through regular channels, independent specialized legal advice, which has no connection with the parties to the process.
Article 29. (Start of the Preparatory Stage).
The Public Ministry and Legal Defense Committee of the State, within thirty (30) days of receipt of a background, by means of a preliminary report will recommend to the Commission of Justice Plural, Public Ministry and Legal Defense of the State of the Chamber of Deputies, alternatively:
Formalize the summary instruction and continue the investigation subject to the provisions relating to the preparatory stage of the trial established in the Code of Criminal Procedure, when the fact is understood in the Paragraph I of Article 22 of this Law and there are sufficient indications as to its existence and the participation of the or the submarin.
Reject, as provided for in this Law and the Code of Procedure Criminal, complaint, and consequently dispose of your file.
Issue the cause to the jurisdiction that corresponds when the unlawful acts do not constitute crimes committed in the exercise of their functions.
If the complaint has been ratified, it may be objected to by the or the the State Legal Defense and Public Ministry Committee before the Plural Justice Commission, Public Ministry and Legal Defense of the State of the Chamber of Deputies, within three (3) days after its notification, due to the The Commission will decide on the objection within three (3) days. The State Legal Defense and Public Ministry Committee will not intervene in the resolution of the objection.
Article 32. (Development of the Preparatory Stage). When the Commission's decision is to formalize the
statement of the summary, the Public Ministry and Legal Defense Committee of the State will be available to carry out the necessary investigative acts, the same as they should be completed within a maximum of three (3) months, which can be computed from the resolution of the summary instruction formalization. When the investigation is complex, at the request of the Committee of the Public Ministry and Legal Defense of the State, the Committee on the Constitution, Legislation and Electoral System of the Chamber of Deputies may extend this period for an additional period of time. up to thirty (30) days.
Article 33. (Report in Conclusions). When the Public Ministry and Legal Defense Committee of the
State, concludes the investigation, by means of a Report in Conclusions, it will forward to the Commission of Plural Justice, Public Ministry and Legal Defense of the State of the Deputies, alternately recommending:
Submit a draft indictment to the Chamber of Deputies ' plenary against the or the Summarie, when it considers that the investigation provides a basis for its processing.
Decline the overment, when it becomes apparent that the illicit event did not exist or that the or the submariate did not participate in the event, or when it considers that the test elements are insufficient to substantiate the accusation.
Article 34. (Consideration of the Report in Conclusions by the Commission). Received the Report in
Conclusions, processing shall be subject to the provisions of Article 30 of this Law, shall be pronounced by the prosecution or overment of the or the submariated without further recourse, and shall be made to meet the Constitution, Legislation and Electoral System Commission of the Chamber of Deputies.
Article 37. (House debate) Assembled the Chamber of Deputies with the regulatory quorum, their
President or President, order the full reading of the draft indictment and grant the use of the word in the following order to the members of the Plural Justice, Public Ministry and Legal Defense of the State, to the or the complainant, to the defense, to the or the Summarie and to the present members of the Chamber who are enrolled in the role of speakers.
Article 38. (Vote). Concluded the debate, the President or the President of the Chamber of Deputies,
will submit the Draft of Impeachment to the vote, which will be adopted as a decision of the House, if it has the affirmative vote of the absolute majority of the members present. Otherwise, the disciplinary action shall be rejected and the disciplinary action shall be declared extinguished.
The Members or Substitutes of the Plural Justice Committee may not be involved in the vote.
Public Ministry and Legal Defense of the State, of the Commission of the Constitution, Legislation and Electoral System and of the Commission of Human Rights that have intervened in the development of the preparatory stage.
Article 39. (Temporary suspension in the Exercise of Functions). The approval of the charge, will entail the temporary suspension of the defendant or the defendant in the exercise of his office and will proceed to his replacement, in accordance with the rules of the matter.
Article 40 (Formalization of the Indictment). The President or the President of the Chamber of Deputies,
within five (5) days of the approval of the Indictment Resolution, will formally present it to the Senate, for processing public of the defendant, offering the evidence of charge to be used at the hearing of the trial.
Article 44. (Deliberation).
The Statement may be sanctioning or absolute, and must contain the following duly substantiated aspects:
Those relating to incidents that have been deferred for that time.
Those relating to the existence of the accused fact or facts.
The legal status of the facts that have been tested.
The sanction or acquittal of the defendant or defendant; and,
In case of sanction, the definitive removal of the charge.
The decision will be assumed by at least two-thirds (2/ 3) of the votes of the members of the Tribunal.
The Statement will be notified with its full read and the parties will receive a copy of it.
Article 45. (Judgment).
A penalty statement will be issued when, in the case of two-thirds (2/ 3) of the members present, the evidence provided is sufficient to generate conviction on the liability of the defendant or the defendant. The sanction sentence, will have the definitive dismissal of the high authority and the referral of the records to the Public Ministry, for the exercise of the corresponding criminal action.
established in Paragraph III of Article 50 of this Law and no appeal has been filed, the President or the President of the Tribunal within three (3) days shall forward the judgment and the record to the ordinary justice. In case of an appeal, and resolved, the parties will be notified in the same time.
Absolute statement will be issued when:
The charge has not been proven.
The evidence provided is not sufficient to generate conviction on the liability of the defendant or defendant's illicit.
It is shown that the unlawful act did not exist, or that the defendant or the defendant did not participate in it.
Exist any cause of criminal liability.
reached two-thirds (2/ 3) of votes for sanction.
Article 46. (Effects of Absolution). The absolute sentence will order his immediate restitution in the
charge of the high authority, providing compensation for damages and public honor.
Article 49. (Resource of Incidental Appeal).
The Appellate Appeal will proceed against the interlocutory resolutions expressly mentioned in this Law and the Code of Criminal Procedure, issued during the preparatory stage.
Your resolution will be of competence of the Human Rights Commission of the Chamber of Deputies and decisions will be taken by an absolute majority of votes.
The appeal will be brought before the Commission of Constitution, Legislation and Electoral System within three (3) days of notified by the appellant with the decision. The Board of Appeal will notify the other parties that within three (3) days the appeal will be answered.
Due to this deadline, the Commission will forward the actions to the Human Rights Commission for resolution.
Received the actions, the Commission of Human Rights in Session of the Commission, will resolve by pronouncing in a single resolution, by the admissibility and the origin of the same, within the ten (10) days following.
Article 50. (Resource of Restricted Appeal).
The Restricted Appeal Facility, will be filed for non-compliance or misapplication of the Act and will proceed against the penalty sentence handed down by the Chamber of Senators.
The resolution of the appeal, will be of competence of both Chambers gathered in Assembly Session.
The resolution modifying the judgment must be adopted by the vote of at least two-thirds (2/ 3) of its Members present. If this result is not obtained the judgment will remain firm and subsist.
The appeal will be filed with the Chamber of Senators in writing and duly substantiated within fifteen (15) days of notification of the the appellant with the sanction judgment. Received the appeal, the Chamber of Senators will notify the other parties to answer within ten (10) days. Within three (3) days of the deadline, the Senate will refer the actions to the Presidency of the Plurinational Legislative Assembly.
Received the performances, both Chambers, gathered in Assembly Session, will resolve the resource within twenty (20) days following.
Article 51. (Extraordinary Review Facility).
The Extraordinary Review Facility must be brought within the fatal period of one (1) year, computable from the business day following the execution of the statement and on the grounds expressly stated in The Code of Criminal Procedure.
The resource must be submitted in writing duly substantiated to the Chamber of Senators.
The resource received, the Chamber of Senators will resolve within the next twenty (20) days, by simple majority of votes of the present?.
ARTICLE 3. (INCORPORATION). Article 44 Bis of Law No 044 of 8 October 2010,
is incorporated with the following text:
?Article 44 Bis. (Resignation to the Office). The high authority until before the issuance of the judgment, may
irrevocably resign from office, before the Supreme Electoral Tribunal and shall inform the Commission of Justice of its resignation. Plural, Public Ministry and Legal Defense of the State, of the full Chamber of Deputies or Court of Judgment as appropriate, owing the corresponding instance to have the file of workers as to the renunciation. The Legislative Authority may forward a background to the Public Ministry?
FINAL DISPOSITION
ONLY. For the purposes of the application of this Law shall mean the term established in Law No 044,
?Law for the Juzgement of the President or President and/or the Vice-President or Vice-President, High Authorities of the Supreme Court of Justice, Agro-Environmental Court, Council of the Magistracy, Plurinational and Plurinational Constitutional Court Public Ministry?, dated October 8, 2010, of imputed or imputed by summarish or sumado.
REPEAL AND ABROGATORY PROVISION
FIRST. Article 24 of Law No 044 is repealed, of 8 October 2010.
SECOND. Any provision contrary to this Law is hereby repealed.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, three days a month December
two thousand fourteen years.
Fdo. Eugenio Rojas Aapza, Marcelo William Elio Chavez, Efrain Condori Lopez, Marcelo E. Antezana Ruiz,
Angel David Cortes Villegas, Farides Vaca Suarez de Suarez.
Therefore, I enact it so that it has and will comply with the law of the State. Plurinational of Bolivia.
Palace of Government of the city of La Paz, three days of the month of December of the year two thousand fourteen.
FDO. EVO MORALES AYMA, Elizabeth Sandra Gutierrez Salazar, Amanda Davila Torres MINISTER OF COMMUNICATION AND INTERIM PRESIDENT.
