Law 612

Original Language Title: Ley 612

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/152868

Law N ° 612 law of December 03, 2014 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of modification of the law Nº 044,? LAW FOR PROSECUTING THE PRESIDENT OR PRESIDENT OR VICE PRESIDENT OR VICE PRESIDENT, SENIOR OFFICIALS OF THE SUPREME COURT OF JUSTICE, AGRI-ENVIRONMENTAL COURT, JUDICIARY, PLURINATIONAL CONSTITUTIONAL COURT AND PROSECUTORIAL COUNCIL?, OCTOBER 8, 2010 ARTICLE 1. (OBJECT). This law aims to amend articles 23, 26, 27, 29, 32, 33, 34, 37, 38, 39, 40, 44, 45, 46, 49, 50 and 51 and incorporate article 44 Bis to law N ° 044,? Act for the prosecution of the President or President or Vice-President or Vice-Chairman, of high authorities of the Supreme Court of Justice, agri-environmental court, judicial Council, plurinational Constitutional Court and the public prosecutor's Office?, October 8, 2010, regarding the prosecution of senior officials of the Supreme Court of Justice, agri-environmental court, judicial Council , Plurinational Constitutional Court and the public prosecutor's Office.
ARTICLE 2. (MODIFICATIONS). Amending articles 23, 26, 27, 29, 32, 33, 34, 37, 38, 39, 40, 44, 45, 46, 49, 50 and 51 of the law N ° 044,? Would act for the prosecution of the President or President or Vice-President or Vice-Chairman, of high authorities of the Supreme Court of Justice, agri-environmental court, judicial Council, plurinational Constitutional Court and the public prosecutor's Office?, of October 8, 2010, with the following text:? Article 23. (Nature).

The function of prosecution of the plurinational Legislative Assembly, has disciplinary for the wrongful acts committed in the specific exercise of the functions give them high authorities of the Supreme Court of Justice, agri-environmental court, judicial Council, plurinational Constitutional Court and the Prosecutor or the Attorney General and shall be exercised in accordance with the provisions of the political Constitution of the State and the present law.

The process is subject to this Act and the code of criminal procedure in all that was applicable.
Article 26. (Knowledge of the wrongful).

The person who has knowledge of the Commission of a wrongful act that had participated the high authorities of the Supreme Court of Justice, agri-environmental court, judicial Council, plurinational Constitutional Court and the Prosecutor or the General State Prosecutor, committed in the exercise of their functions, may denounce it before the President or President of the Chamber of Deputies who shall transmit to the President or Chairman of the Commission Justice Plural, public prosecutor and defence Legal in the State of the Chamber of Deputies.

He or the complainants may ratify his claim, by submitting in writing to the Plural justice, public prosecutor and defence Legal in the State of the Chamber of Deputies Commission.

When the prosecution bodies have knowledge, ex officio or upon complaint on the part of the Commission of a wrongful act that had participated one or more high autoridadesdel Supreme Court of Justice, agri-environmental court, judicial Council, plurinational Constitutional Court and the public prosecutor or the Attorney General in the performance of their duties forward background to the President or Chairman of the Chamber of Deputies, who shall in turn to the President or Chairman of the Committee of Plural justice, public prosecutor and defence Legal in the State of the Chamber of Deputies, for the exercise of the investigation and prosecution.
Article 27. (Organs of the preparatory stage).

The preparatory phase will be in charge of the Chamber of Deputies.

It is the Commission of Plural justice, public prosecutor and defense Legal in the State of the Chamber of Deputies, by the public prosecutor's Office and Legal Defense of the State Committee, promote research in the preparatory stage.

The control of the constitutional guarantees of the research in the preparatory stage, will be in charge of the Committee on Constitution, legislation and Electoral system of the House of representatives.

Issued during this stage, only adversely affected by incidental appeal of knowledge of the Commission of human rights of the Chamber of Deputies, without further recourse. The resolutions of the Commission on human rights, shall be adopted by absolute majority vote of those present.

The commissions of Justice Plural, public prosecutor and Legal Defense of the State and human rights, for the proper fulfilment of functions assigned by this law, can request through regular, independent specialist legal advice, which has no connection with the parts of the process.
Article 29. (Start of the preparatory stage).

The Committee of prosecutors and defence Legal State, within thirty (30) days following receipt of a history, through informed preliminary report will recommend the Commission of Plural justice, public prosecutor and defence Legal in the State of the Chamber of Deputies, alternatively: formalize the instruction of the indictment and continue the investigation subject to provisions laid down in the code of criminal procedure relating to the preparatory stage of the trial When the fact is covered by the first paragraph of article 22 of this law and there are sufficient evidence of their existence and the participation of the sumariado.

Reject, according to the cases provided for in this law and the code of criminal procedure, the complaint, and accordingly have your file.

Send the cause to the jurisdiction concerned when wrongful acts do not constitute offences committed in the exercise of their functions.

If the complaint has been ratified, it may be objected to by the sumariado or by the Committee of prosecutors and Legal Defense of the State Committee of Plural justice, public prosecutor and defence Legal in the State of the Chamber of Deputies, within the three (3) days after their notification, this expired, the Commission will resolve the objection within three (3) days. The public prosecutor's Office and Legal Defense of the State Committee will not intervene in the resolution of the objection.
Article 32. (Development of the preparatory stage). When the decision of the Commission, by formalizing the statement in the summary, will be available to the Committee of prosecutors and Legal Defense of the State, to perform acts of investigation necessary, which must be concluded within a maximum period of three (3) months, computable from the resolution of formalization of summary statement. When research is complex, at the request of the public prosecutor's Office and Legal Defense of the State, the Constitution Commission, Committee legislation and Electoral system of the Chamber of Deputies, may extend this period by an overtime of up to thirty (30) days.
Article 33. (Report on findings). The Committee of prosecutors and Legal Defense of the State, completed research report on findings, shall refer to the Committee of Plural justice, public prosecutor and defence Legal in the State of the Chamber of Deputies, recommending alternatively: introduce draft indictment to the plenary of the Chamber of Deputies against the sumariado or, if it considers that the research provides basis for processing.

Ordering the stay of proceedings, when it is evident that the wrongful act did not exist or that the sumariado did not participate in the fact, or when deemed insufficient evidence to substantiate the accusation.
Article 34. (Consideration of the report on findings by the Commission). Received the report conclusions, their processing shall be subject to the provisions of article 30 of this law, shall take a decision by the prosecution or the closure of the sumariado without further recourse, and will be made known to the Committee on Constitution, legislation and Electoral system of the House of representatives.
Article 37. (Discussion of the camera). Gathered in the Chamber of Deputies with the statutory quorum, the President or Chairman, will order the full indictment project reading and be granted the use of the word in the following order to the members of the Committee on justice Plural, public prosecutor and Legal State Defense, the complainant, to the defense, the sumariado and the present of the Chamber members enrolled in the role of speakers.
Article 38. (Vote). Concluded the debate, the President or the President of the Chamber of Deputies, undergo prosecution of project vote, which will be adopted as decision of the camera, if you have the affirmative vote of a majority of the members present. Otherwise, it shall be rejected and the disciplinary action shall proceed to file findings shall be declared extinguished.
They may not intervene in the vote members holders or alternates of the Committee of Plural justice, Attorney-General and Legal State Defense, the Committee on Constitution, legislation and Electoral system and the Commission on human rights which have been involved in the development of the preparatory stage.
Article 39. (Temporary suspension in the exercise of functions). The approval of the prosecution, will lead to the temporary suspension of the accused or the defendant in the exercise of his office and will proceed to their replacement, in accordance with the rules of matter.

Article 40 (formalization of the accusation). The President or the President of the Chamber of Deputies, within five (5) days of the adoption of the resolution of accusation, formally presented it to the Chamber of senators, for the public prosecution of the accused, providing the evidence to be used at the hearing of the trial.
Article 44. (Deliberation).

The debate concluded, be deliberation, and the President of the Tribunal present draft judgment, notwithstanding that the members of the Court may submit alternative projects.

The sentence can be punitive or acquittal, and must contain the following duly founded: those relating to the incidents that have been deferred for the time.

Those relating to the existence of the fact or facts accused.

The legal classification of the facts taken by tested.

The punishment or acquittal of the accused or; and, in the case of a sanction, the definitive removal from office.

The decision will be taken by at least two-thirds (2/3) vote of the members of the Court.

The sentence will be notified with your unabridged reading and parties receive copies of it.

Article 45. (Judgement).

Punitive judgment will dictate when, in the opinion of two thirds (2/3) of the members present, provided proof is sufficient to generate conviction about the responsibility for the crime of the accused or defendant. The punitive judgment, will have the final dismissal of the high authority and the remission of the background to the public prosecutor, to the exercise of the corresponding criminal action.

Expiry of the period laid down in paragraph III of article 50 of this law and not has has lodged appeal, the President of the Tribunal within three (3) days shall forward resolution and the background to the ordinary courts. In case of appeal, and resolved this, notified parties shall send background on equal term.

You will dictate acquittal when: the accusation has not been tested.

The provided test is not sufficient to generate conviction about the responsibility for the crime of the accused or defendant.

Proven that the wrongful act did not exist, or that the accused or defendant did not participate in it.

There is any cause of exemption from criminal responsibility.

Two-thirds do not have been reached (2/3) vote for the sanction.
Article 46. (Effects of absolution). The acquittal shall order his immediate restitution in the office of the high authority, providing compensation for damages and public honors.
Article 49. (Appeal Incidental).

The resource of Incidental appeal shall proceed against interlocutory decisions expressly indicated in this law and the code of criminal procedure, issued during the preparatory stage.

Its resolution will be competence of the Commission on human rights of the Chamber of Deputies and the decisions shall be adopted by absolute majority of votes.

The appeal is to be lodged before the Committee on Constitution, legislation and Electoral system within three (3) days of notified the appellant with the resolution. Received the resource the Commission shall notify the other parties so that within three (3) days of answering resource.
This expired will forward the actions to the Commission on Human Rights resolution.

Received the proceedings, the Commission on Human Rights Commission session, shall answer in a single resolution, the admissibility and the provenance of the same, within ten (10) days.
Article 50. (Appeal restricted).

The remedy of Appeal restricted, will be brought by non-observance or erroneous application of the law and will proceed the punitive verdict handed down by the Senate.

The resolution of the appeal, will be competition from both Chambers gathered together in Assembly session.

Resolution amending the judgement shall be adopted by the vote of at least two thirds (2/3) of its members present. Not obtained this result the judgment will remain firm and subsisting.

The resource will be filed with the Chamber of senators in writing and duly informed within fifteen (15) days of notified the recurrent with punitive sentence. Received the appeal, the Senate will notify Parties so they reply within the period of ten (10) days. Within three (3) days of the expired, the Senate shall forward actions President of the plurinational Legislative Assembly.

Received the performances, both cameras, gathered in Assembly session, resolved the appeal within twenty (20) days.
Article 51. (Extraordinary Revision appeal).

The extraordinary review must be brought within the time fatal one (1) year, computable from the working day following the record of the judgment and the grounds expressly set out in the code of criminal procedure.

The appeal must be presented in writing, duly informed before the Chamber of senators.

Received the appeal, will the Senate resolve within twenty (20) days, by a simple majority of votes of the present?.
ARTICLE 3. (INCORPORATION). Joins article 44 Bis of the law N ° 044, October 8, 2010, with the following text:? Article 44 Bis. (Resignation). The high authority prior to the issuance of the sentence, may waive irrevocably responsible, before the Supreme Electoral Tribunal and shall bring to the knowledge his resignation to the Commission of Plural justice, Attorney-General and Legal Defense of the State, of the plenary of the Chamber of deputies or trial court accordingly, and the corresponding instance have archive of findings regarding the have resigned. Legislative authority, may send records to the public prosecutor's Office.?
SOLE FINAL PROVISION. The effects of the application of this law means the term established by law N ° 044,? Act for the prosecution of the President or President or Vice-President or Vice-Chairman, of high authorities of the Supreme Court of Justice, agri-environmental court, judicial Council, plurinational Constitutional Court and the public prosecutor's Office?, dated October 8, 2010, imputed or for sumariada or sumariado.


REPEALING PROVISION AND ABROGATION FIRST. Repealing Article 24 of the law N ° 044, October 8, 2010.
THE SECOND. It abrogates any provisions contrary to the present law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative plurinational, three days of the month of December of two thousand fourteen years.
FDO. Eugenio Rojas Apaza, Marcelo William Elio Chavez, Efrain Condori Lopez, Marcelo E. Antezana Ruiz, Angel David Cortés Villegas, Farides cow Suárez Suárez.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the three days of the month of December of the year two thousand fourteen.

FDO. EVO MORALES AYMA, Elizabeth Sandra Gutiérrez Salazar, Amanda Davila Torres Minister of communication and acting of the Presidency.