Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/152809
Law No. 586 law of 30 October 2014 ALVARO GARCIA LINERA President in exercise 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 OVERCROWDING and timing of the procedural criminal chapter I provisions general article 1 System. (OBJECT). This law aims to implement procedures to expedite the processing of criminal cases, to effect of decongesting the criminal justice system and reduce the delays of Justice to ensure a prompt, timely and effective justice within the framework of the political Constitution of the State.
ARTICLE 2. (ARCHIVE OF FINDINGS OF PRELIMINARY INVESTIGATION).
I exceptionally, within the period of fifteen (15) business days Computable from the publication of this law, the criminal instruction judges conminarán the Attorney General, through the departmental Attorney, so instruct the or the tax matter, within the period of twenty-five (25) working days, identify the causes that are in preliminary investigation that they had remained inactive at Headquarters for more than one (1) year Attorney for its publication and subsequent file; except in cases of offences against life, sexual freedom, trafficking and trafficking of persons, political violence, family or domestic violence, the security and economy of the State, corruption, transnational crime or organized crime.
II. the Public Ministry, will publish the list of all causes likely to file, written communication of national media.
III. starting from the publication established in the preceding paragraph, the victim shall have a period of ten (10) business days to activate your process, expired this term, without response from the victim, the Prosecutor of matter will have the file creation, and must publish the list of all the cases filed by two (2) times with an interval of five (5) business days , in media writings of national scope IV. If in the term of one (1) year computable from the notification with the file's creation, the case is not reopened, shall terminate criminal action of its own motion, notice to the victim.
ARTICLE 3. (EXTRAORDINARY CONVERSION ACTION CRIMINAL IN THE PRELIMINARY INVESTIGATION).
I for the only time, in cases initiated until December 31 of the year 2013, which are not included in article 2 of this law and which are in preliminary investigation, whose terms were not extended according to regulations in force, within the period of twenty (20) working days following the publication of this law the criminal instruction judges conminarán the Prosecutor assigned to the case, within the period of ninety (90) days, issue conclusive resolution of the preliminary investigation, in accordance with points 1, 3 and 4 of article 301 of the code of criminal procedure.
II. the deadline expired without prosecutors had complied with the issued, the judges, upon notice to the victim, provide file creation with the Fiscal responsibility. The victim, within a period of three (3) months, may request the conversion of action.
The judge of criminal instruction, job, once completed the period established in the preceding paragraph, unless the conversion action, within forty-eight (48) hours has been requested, shall declare the extinction of the prosecution under criminal and disciplinary responsibility.
III. East extraordinary conversion of criminal action procedure, shall apply in the following cases: crimes that require request, subject to the exceptions provided for in article 17 of the code of criminal procedure.
Crimes in which the application of criteria of formal opportunity, conciliation and conditional Suspension of the process is foreseeable.
Crimes of patrimonial and negligence, except crimes of corruption and linked content.
IV. in all other cases, the judges of criminal instruction, complied with the time limit set in article 300 of the criminal procedure code, conminarán to the public prosecutor in chronological order, starting the process oldest to the most recent, within the period of five (5) working days, issue resolution concluding the preliminary investigation, in accordance with article 301 of the code of criminal procedure , responsibility.
ARTICLE 4. (WITH ATTRIBUTION) CAUSES.
In the cases with resolution of imputation, whose terms are overdue for the final requirement to the date of publication of the present law, only once, the judges of instruction criminal responsibility, within the period of twenty-five (25) working days from the publication of this law, ex officio conminarán the Prosecutor assigned to the case through the departmental Attorney so that within the period of ninety (90) days, submit final requirement in accordance with article 323 of the code of criminal procedure, under the responsibility of the Prosecutor.
II. the issued time expired unless the Prosecutor present the final requirement, the judge of criminal instruction shall notify the victim or complainant to bring forward a private prosecution in the period of ten (10) business days, under penalty of declare ex officio prosecution extinguished.
ARTICLE 5. (COURTS OF SENTENCE).
I. in them processes whose courts of sentence not is have constituted within the stage of the trial oral to time of the publication of the present law, is constitute by three (3) judges technical.
II. the Presidency of the Court shall be exercised Alternately, first draw and then turn.
ARTICLE 6. (DESIGNATION OF JUDICIAL AUTHORITIES, PUBLIC PROSECUTORS AND SERVANTS AND SUPPORT SERVERS). For purposes of the application of this law, exceptionally: the Council for the judiciary, may make the designation of instructors in criminal matters judges and judges from ruling, drawn up as a result of calls internal and external criminal judges, pursuant to paragraph 5 of the paragraph III of article 183 of the law N ° 025 , ? Law of the Judicial organ?, June 24, 2010.
The departmental courts of Justice, may appoint judicial support with experience in the performance of this staff.
The public prosecutor may be designation of prosecutors from matter, servants and public support for the tax function, using calls internal or external servers.
CHAPTER II LEGAL REPRESENTATION OF THE STATE ARTICLE 7. (REPRESENTATION OF THE STATE).
I. the Attorney General of the State, may participate and intervene in those criminal cases for offences affecting the interests of the State, without having to become partly complainant, can raise request how much diligence or resource franqueé the law.
The Ministry of institutional transparency and fight against corruption, in cases involving offences of corruption or linked, which had apersonado, should participate and intervene as adjuvant within criminal proceedings, even without being in part Prosecutor, and can raise how much diligence, action or appeal franqueé the law.
III. the Ministry of institutional transparency and fight against corruption, and the Attorney General of the State, will be represented by professionals in each entity duly accredited, in causes inherent to its powers.
CHAPTER III AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE AND THE LAW OF THE COURT ARTICLE 8. (CHANGES AND SUBSTITUTIONS TO THE CODE OF CRIMINAL PROCEDURE).
Amending articles 26, 52, 239, 300, 301, 308, 314, 315, 318, 319, 320, 321, 334, 340, 341, 345, 373, 393 Bis, Ter 393, 393 c and 393 Quinquer, and replaced the articles 325 and 326, 327, 328, law No. 1970 of 25 March 1999, code of criminal procedure, with the following text:? Article 26. (CONVERSION OF SHARES). At the request of the victim, the public criminal action may be converted into private action in the following cases: when he is a crime that requires request, subject to the exceptions provided for in article 17 of this code;
In the case of offences of heritage content or culpable offences which do not result death, whenever there is a severely compromised public interest;
In the case of offences against the dignity of the human being, provided that there is a seriously committed public interest;
When it has arranged the refusal referred to in article 304 or the application of the criterion of opportunity referred to in the paragraph 1 of article 21 of this code, and the victim or the complainant have made opposition; and, before the notification with the expiration of the term for the issue of the conclusive resolution.
In the cases provided for in points 1, 2 and 3, the conversion shall be authorized by the departmental tax or who he or she delegates, which will be issued within three (3) days of request. Do in the case of points 4 and 5, the conversion shall be authorized by the competent judge.?
? Article 52. (COURTS OF SENTENCE).
The courts of sentence, will be integrated by three (3) technical judges, who will be competent to understand the proceedings and resolution of judgement in all crimes of public action, with the exceptions laid down in article 53 of the present code.
II. the Presidency of the Court shall be exercised Alternately, first draw and then turn?.
? Article 239. (CESSATION OF PRE-TRIAL DETENTION). Pre-trial detention shall cease: when new elements demonstrate that do not concur the reasons that was founded or become suitable to be replaced by another measure;
When their duration exceed the legal minimum of the punishment prescribed for the most serious crime that is judged;
When its duration exceeds twelve (12) months unless it was issued indictment or twenty-four (24) months without that judgment had been given, except in crimes of corruption, security of the State, femicide, murder, violation of infant, child, child, teenager, and infanticide; and, when the person deprived of freedom shows that it is terminally ill.
Raised the request, in the case of points 1 and 4, the judge must declare hearing for resolution within a maximum period of five (5) days.
In the case of points 2 and 3, the judge or court within twenty-four (24) hours, it will be transfer to the parties who shall respond within three (3) days. Reply or not, the judge or court shall adopt resolution without the need for hearing, within five (5) days, stating the source, provided that the delay is not attributable to the dilatory actions of the accused, or the unfairness of the benefit, without the possibility of suspension of deadlines.
Do in the cases provided for in points 2, 3 and 4 of this article, the judge or court apply alternative measures that apply, provided for in article 240 of this code?.
? Article 300. (TERM OF THE PRELIMINARY INVESTIGATION).
I preliminary investigations conducted by the Bolivian police, must conclude within a maximum of twenty (20) days from the initiation of the investigation report to the coroner in criminal. Within twenty-four (24) hours, police sent to the Prosecutor's Office background and kidnapped objects, unless the Prosecutor stated at any time your referral.
II. the judge of instruction in the criminal, complied with the time limit set in the preceding, in chronological order paragraph conminará to the Prosecutor of the case through the departmental Prosecutor, within five (5) days of issue resolution concluding the preliminary investigation, in accordance with article 301 of the code, under responsibility?.
? Article 301. (STUDY OF POLICING).
I received the police actions, the Prosecutor will analyze its contents for: charged formally attributed fact qualifying him provisionally, if legal requirements; are meeting
Marshall reasoned way the complementation of the police proceedings, setting term to that effect not later than sixty (60) days, in complex investigations or acts that are related to offences committed by criminal organizations or there are outstanding skills, the extension of the time limit not exceeding eighty (80) days; and in cases where there is international cooperation or financial research, a hundred and twenty (120) days; being compulsory communication of the extension to the coroner, who a time expired the term, conminará to the Prosecutor of the case through the departmental Prosecutor, within five (5) days of issue conclusive resolution of the preliminary investigation;
The rejection of the complaint, the complaint or the police actions and thus have your file; and, ask the judge of instruction, conditional suspension of the process, the application of a criterion of opportunity, the abbreviated procedure or the conciliation proceedings.
II. the period laid down in article 134 of the code, will begin to run from the last notification of the judge with the imputation to the accused?.
? Article 308. (EXCEPTIONS). The parties may oppose the prosecution, through the following defenses of prior and special pronouncement: preliminary;
Lack of action, because it was not legally promoted or because there is a legal impediment to continue;
Termination of criminal proceedings pursuant to articles 27 and 28 of this code;
Judicata; and, lis pendens.
If you attend two (2) or more exceptions should consider jointly, substantiated way only once, according to provisions of article 314 of the code?.
? Article 314. (PROCEDURES).
I. the exceptions will be processed via the incidental only once, providing suitable and relevant test which may raise in writing before the judge of instruction criminal within the ten (10) day period Computable the judicial notification with the initiation of the preliminary investigation, without interrupting investigative actions.
II. the magistrate in the penitentiary in within twenty-four (24) hours, will run in transfer to the victim and to the other parties, who may respond in writing within the period of three (3) days; response of the victim or other party, the judge designated audience for its resolution in fatal within three (3) days notice; the absence of the Parties shall not be causal suspension of hearing unless duly accredited with suitable test physical handicap. No response of the victim or of the other parties and the expired, the judge or court will solve way based on the term of two (2) days, without having to convene hearing, fatal as well as pure right exceptions.
III. exceptionally, during the preparatory stage and oral proceedings, the accused may raise the exception by extinction of the criminal action, offering suitable and relevant test according to the provisions of paragraph 4 of article 308 of this code.
IV. exceptionally, when there are absolute defects that agravien rights and constitutional guarantees that can cause helplessness, during the preparatory stage the parties may raise incidents procedural corrective purposes, providing suitable and relevant test?.
? Article 315. (RESOLUTION).
I. or the judge or court, will dictate a resolution founded in accordance with the time limits provided for in the preceding article, declaring founded or unfounded exceptions and/or incidents, as appropriate.
When exceptions or incidents are manifestly inadmissible, for lack of rationale and test, the judge or court, shall reject them in limine without further recourse, within the period of twenty-four (24) hours, without the need for hearing and without any further formality.
III. in the event that the exceptions or incidents are manifestly declared delaying, malicious or reckless, disrupt deadlines of the prescription of the criminal action, the duration of the preparatory stage and maximum duration of the process, computing deadlines again. As a result the judge or court, warning on use of its coercive power and moderator, will impose the lawyer a pecuniary penalty equivalent to two (2) national minimum salaries, amount of money that will be deposited in the account of the Court. If you continue with the dilatory attitude, the judge or court depart to the lawyer of the performance of process in particular, designating a public defender or ex officio.
Will IV. rejection of the exceptions and incidents prevent that they be raised again for the same reasons?.
? Article 318. (PROCESSING AND RESOLUTION OF EXCUSES).
I. the or the judge in any of the grounds set out in article 316 of the code, is obliged to make excuses at the end of twenty-four (24) hours by substantiated decision, moving away from an immediate knowledge of the process.
II. the judge who will excuse, shall on the day cause the judge to be replaced it, who will immediately assume knowledge of the process and will continue its course without interruption of proceedings and hearings; also shall send copies of the relevant background to the corresponding Criminal Chamber of the departmental court, which must decide in the non-extendable term of forty-eight (48) hours of received without hearing on the day the acted, under alternative incurring delays of justice without further recourse. If the High Court accepts or rejects the excuse, as the case may be, it shall order the replacement judge or the judge replaced to continue with the conduct of the process. All actions of one and another judge will retain validity.
When the judge who apologized integrates a court, ask that separate it from the knowledge of the process, without suspending acted procedural, the Court shall take a decision on the acceptance or rejection of the excuse, in case of being accepted, copies of the background will be raised before the Criminal Court of turn of the departmental Court of Justice, which shall take a decision within the non-extendable period of forty-eight (48) hours , from their reception, responsibility, without further recourse.
IV. when the number of excuses prevents the existence of a quorum or accept the excuse of any of its members, the Court will be completed according to the organic provisions?.
? Article 319. (OPPORTUNITY TO CHALLENGE).
Objections may be filed only once:
In the preparatory stage, within three (3) days of assuming the or the judge, knowledge of the cause;
In the trial phase, within the established term for preparatory acts of the audience; and, resources, within the time-limit for express or answering grievances.
II. when it challenge is melts in a causal impending, may raise is within them three (3) days of known it causal, accompanying the test relevant, indicating of way express the date and circumstances of the knowledge of the causal invoked, until before the closing of the debate or resolution of the resource.
III. in any case the withdrawal may be filled more than half of a room full or trial court, and may not be challenge to more than three (3) judges on?.
? Article 320. (PROCESS AND RESOLUTION OF THE CHALLENGE).
I. the challenge presented to the judge or court that know the process by writing informed, offering relevant test.
II. If the challenged judge admits the challenge promoted, continue the procedure established for the excuse. In the event of rejection, the following procedure shall apply: in the case of an or a one-man judge, raise background to the Criminal Court of turn of the departmental Court of justice within twenty-four (24) hours of promoted the challenge, accompanying brief filing together with its reasoned decision, without suspending the process. The High Court shall take a decision within forty-eight (48) hours of received the acted, on the acceptance or rejection of the challenge, without further recourse, under responsibility. If the departmental Court of Justice accepts the challenge, it will replace the judge objected in accordance with provisions in the organic provisions; If it rejects it, it shall order the judge to continue with the knowledge of the process who may not be challenged or challenged by the same causal.
In the case of an or a judge that integrates a court, the rejection will be formulated before the same court, who will meet the deadline and form set forth in the preceding paragraph.
The challenge must be rejected when does not melt in causal impending has not indicated the date and circumstances of the grounds invoked, is manifestly inadmissible or present without proof.
III. when the number of challenges would prevent the existence of a quorum or accept the disqualification of one of its members, the Court will be completed according to the organic provisions?.
? Article 321. (EFFECTS OF THE EXCUSE AND DISQUALIFICATION).
I. produced the excuse or objection, the substitute judge may not suspend the litigation process; accepted the excuse or the objection, the separation of the judge shall be final, even when the causes that determined them disappear.
II. the excuses and challenges must be rejected in limine when: non-causal impending;
Present without proof; or having been rejected, be repeated in the same terms.
III. the rejected excuses must be put to the attention of the competent disciplinary authority; If refuses recusal in limine, will be imposed a fine equivalent to three (3) days of monthly one or a technical judge; challenges consecutively rejected, the fine must be progressive in three (3) days of monthly one or a technical judge.
IV. processing of the excuse or the objection be suspended if any deadlines of the prescription, the duration of the preparatory stage and the maximum duration of the process.
V. In the event of rejection of a challenge which has been declared manifestly unfounded, reckless or openly delaying, the deadlines for the prescription of the criminal action, the duration of the preparatory stage and maximum duration of the process, computing back deadlines will be interrupted. As a result the judge or court, warning on use of its coercive power and moderator, will impose the lawyer a pecuniary penalty equivalent to two (2) national minimum salaries, amount of money that will be deposited in the account of the Court. Do if you continue with the attitude stalling, the judge or court depart to the lawyer of the performance of process in particular, designating a public defender or appointed?.
? Article 325. (PRESENTATION OF CONCLUSIVE REQUIREMENT).
I presented the final requirement of indictment, the judge Instructor within the period of twenty-four (24) hours, previous sweepstakes, send background to the Court's judgment, responsibility.
II. in case of final requirement for the application of alternative outlets, the judge must resolve in writing and without hearing the opportunity criteria, always that had presented the documents certifying the compliance of the corresponding legal requirements, within a period of five (5) days; When it would have required the application of the conditional suspension of the process, the abbreviated procedure or to promote conciliation, shall settle at hearing take place within ten (10) days.
III. where the imputed person save pre-trial detention, the maximum term will be five (5) days for the completion of the hearing, under responsibility.
IV. in the cases set out in paragraphs II and III of this article, the audience can not be suspended if the victim or complainant not formed, provided that it has been notified, under the responsibility of the judicial server responsible for the notification, the assumed resolution shall be reported to the victim or complainant?.
? Article 326. (SCOPE OF ALTERNATIVE OUTLETS).
May i. the defendant avail himself of the abbreviated procedure, criteria of opportunity, conditional suspension of the process or conciliation, under the terms of articles 21, 23, 24, 373 and 374 of the code of criminal procedure and articles 65 and 67 of the law Nº 025 on June 24, 2010? Law of the Judicial organ?, provided that no prohibition expressly by law, even when the cause is indictment or trial hearing, before handed down the sentence.
II. in these cases, the accused may to make your request to the Prosecutor with knowledge of the judge or court; This request is not binding to the decision of the public prosecutor's Office and will be promoted only if the requirements of this code are met. The victim or complainant may make founded opposition.
Must III. Requests for alternative outlets pay attention is with priority to others without delay, under the responsibility of the judge and the Prosecutor?.
? Article 327. (CONCILIATION). Where conciliation is foreseeable according to special and existing regulations: the Prosecutor ex officio, must promote it at the first time of initiated research and during the preparatory stage within a maximum period of three (3) months starting from issued the formal accusation, must make known to the judge the result.
The judge ex officio, must promote it before the issued by the expiration of the term of the preliminary investigation or before deciding on the extension of the period of investigation by the Prosecutor.
May the parties promote conciliation at any time?.
? Article 328. (PROCESS AND ALTERNATIVE RESOLUTION).
I. the request for formal opportunity criteria, should be accompanying all the relevant evidence and resolved without further formality, within a period of five (5) days of your request, in writing and without the need for hearing.
II. the implementation of the conditional suspension of the process, the abbreviated procedure or conciliation, shall be resolved at hearing to be conducted within a maximum period of ten (10) days. In case that the accused save pre-trial detention, the maximum period shall be five (5) days for the realization of the audience, in both cases under responsibility; in these cases, the audience not can be suspended if the victim or complainant not formed, provided that it has been notified, in such a case the assumed resolution shall be reported to the victim or complainant.
III. the criteria of opportunity and conditional suspension of the process, will not proceed if the accused is a recidivist or has had applied an alternative output for intentional crime.
Do IV. the request for application of alternative outlets at trial, will be resolved at hearing without delay and responsibility?.
? Article 334. (CONTINUITY). Started the trial held without interruption every day until that judgment is made, and may only be suspended in the cases provided for in this code. The hearing will take place without interruption, not only in working hours a day, and must be enabled, if necessary, overtime. The judge or court shall order daily breaks that may not exceed sixteen (16) hours. In any case, the judge may declare fourth intermediate.
Must the principles of concentration and continuity be understood as mandates to develop the processes in chronological order, of uninterrupted until its conclusion.?
? Article 340. (PREPARATION OF THE JUDGEMENT).
I received the indictment before the Court or Tribunal competent and filed the cause on the day, the judicial authority
notify the public prosecutor for the physical layout of the offered evidence, within twenty-four (24) hours, responsibility.
II. the judge, or the President of the Court of judgement, within twenty-four (24) hours of received tests of the fiscal accusation, notify the victim or complainant present the private prosecution or adhere to the tax charge, and offer proofs of charge within a period of ten (10) days, should be offered other evidence other than the referred in the adversarial public prosecutor's statement obtained legally, these must be submitted with the private prosecution or adherence to the fiscal accusation. The non-exercise of that right by the victim, shall not prevent his participation in the trial and the subsequent stages pursuant to article 11 of this code.
III. due the time period granted to the victim or complainant with or without his pronouncement, will get knowledge of the accused the fiscal accusation, if the complainant and the evidence offered, that within the ten (10) days following its notification offer and physically present their evidence of disclaimer.
IV. expired the term granted to it or the accused, with or without its pronouncement, it or the judge or Court of judgment dictate auto of opening of the trial?.
? Article 341. (CONTENTS OF THE INDICTMENT).
I. the indictment will contain: details that serve to identify the accused and the victim, his home procedural and real, enclosing a sketch of the latter;
The precise and lengthy relationship from the fact;
The basis of the indictment, with the expression of the evidence which it motivate;
The applicable legal provisions; and the provision of the test with general signs of its relevance and utility.
The victim or complainant will have autonomy to determine the facts of a private prosecution, its legal classification and to provide proof, although it may accede to which the Prosecutor, present or unless this is considered abandonment of the complaint?.
? Article 345. (PROCESSING OF INCIDENTS). All incidental matters supervening under articles 314 and 315 of the code rules, will be treated in a single act, unless the Court resolved to do it in sentence.
In the discussion of the incidental issues, the word to the parties only once, by the time that the judge set or the President of the Tribunal, shall be granted without replica or duplicates?.
? Article 373. (PROVENANCE).
I. completed the investigation, the accused the Prosecutor may request that it applies the abbreviated procedure; in the preparatory stage before the magistrate in accordance with the paragraph 2 of article 323 of the present code; and at trial even before phase of pronounced sentence, common procedure both in the immediate for flagrant offences.
II. when the request is filed by the Prosecutor, to make it from must have the acceptance of the accused and his advocate, which must be founded on the admission of the fact and their participation in it.
III. in the case of a founded opposition from the victim or common procedure to allow a better understanding of the facts, the judge may deny the application of the abridged procedure.
IV. the existence of several defendants in a same procedure, shall not prevent the application of these rules to any of them?.
? Article 393 Bis. (PROVENANCE). In the resolution of Formal charges, the Prosecutor shall request the judge of criminal instruction the immediate procedure for flagrant offences, in accordance with the rules of this title, when the accused is caught or apprehended in the Commission of an offence in flagrante delicto.
If it's a case against several defendants, will only be possible if all are in the situation referred to in the preceding paragraph and are involved in the same incident.
Related crimes in which are involved others charged, not will accrue to the immediate procedure by flagrante delicto?.
? Article 393 Ter. (AUDIENCE).
I. at the oral hearing, the judge of criminal instruction you will hear the Prosecutor, or to the accused and his counsel, the victim or the complainant, will verify compliance with the conditions of origin provided for in the preceding article and shall decide on the application of the procedure.
If the judge accepts the implementation of the immediate flagrante delicto procedure, at the same hearing or the Prosecutor may: request the implementation of an alternative output, including the fast-track procedure when fulfilled the requirements laid down in this code;
If you need to perform acts of investigation or recovery of complementary evidence, it shall request the judge, in a justified manner, a period which may not exceed thirty (30) days. The judge will resolve in a principled way the request of the Prosecutor, prior intervention of the victim or complainant and defense;
If it considers that it has sufficient elements of conviction, it will present the prosecution, will offer and will test at the same hearing;
The complainant may adhere to the indictment of the Prosecutor or particular accused at the same hearing, offering and presenting proof of charge. The public, and if the particular accusation, accusation will be knowledge of the accused at the same hearing, for within a maximum period of five (5) days offer and accompanying test disclaimer. Expiry of this period, the judge shall send actions before the judge ruling that corresponds.
Request the pre-trial detention of the accused, when if any of the requirements laid down in article 233 of the code, to ensure their presence at the trial. The request may not be refused by the judge of instruction, except cases of inadmissibility of pre-trial detention, in which alternative measures to pre-trial detention shall be imposed.
II. the decisions which the judge received with respect to points 2, 3 and 4 of the preceding paragraph, shall not be subject to appeal.
III. the incidents or exceptions may be raised orally, only once, in the audience. Will the judge resolve in the same hearing?.
? Article 393 c. (PREPARATORY ACTS OF IMMEDIATE TRIAL). Within the period of twenty-four (24) hours of received the proceedings, the trial judge shall file the cause and dictate auto opening of trial, day and time of hearing of oral judgment, within one period not exceeding five (5) days, on the basis of the accusation public and/or private?
? Article 393 Quinquer. (IMMEDIATE TRIAL).
I for the accomplishment of the immediate trial shall apply the rules laid down for the ordinary court, as set out in this code.
Are II. concentration and continuity principles to be understood as mandates to develop the processes in chronological order, without interruption, until its conclusion?.
ARTICLE 9. (MODIFICATIONS TO THE LAW ON THE JUDICIARY). Amending article 60 and paragraph I of article 126 of the law Nº 025 on June 24, 2010? Law of the Judicial organ?, with the following text:? Article 60. (Composition).
I. the courts of sentence will be integrated by three (3) technical judges, who will be competent to understand the proceedings and resolution of the judgement in all crimes of public action, with the exceptions laid down in article 53 of the code of criminal procedure.
II. the Presidency of the Court shall be exercised Alternately, first draw and then turn.
Are III. the public courts constituted by a judge or a judge?.
? Article 126. (Vacation).
I. the magistrates and judges of the Supreme Court of Justice and the members, judges and judges of the departmental courts of Justice as well as the servers of judicial support of their offices, shall be entitled to annual vacation individual of twenty-five (25) days calendar, which will be controlled and programmed by the Supreme Court of Justice and the departmental courts of Justice in coordination with the Council of the Magistracy?.
TRANSITIONAL PROVISIONS FIRST. The term of twenty (20) business days from the publication of this law, the Council of the judiciary and the public prosecutor's Office, should be the appointment of new judges and prosecutors respectively, in accordance with article 6 of this law.
THE SECOND. For the effective enforcement of the present law, the Supreme Court of Justice and the General Prosecutor's Office of State, within the period of five (5) business days from the publication of this law, shall issue instructions or relevant circulars.
THIRD. The time limits provided for in articles 3 and 4 of this law, shall not be considered for the computation of the maximum duration of the process provided for in article 133 of the code of criminal procedure.
-FOURTH. The oral proceedings that are in proceedings before courts of sentence until just before of the
publication of this law, shall take place in chronological order by the President or President, as only judicial authority, and may deviate by decision of the Court to another technical judge or another judge technical. The President or President of the Court, will have measures to substantiate the audience continuously until its conclusion, applying the power of moderator and disciplinary responsibility; for this purpose, it can be pointed out days and overtime.
FINAL PROVISIONS FIRST. Creates the Commission on follow-up and monitoring of the present law, as an instance of decision and control of the implementation process for the overcrowding of the Penal System, which will be constituted by the Minister of Justice, the Attorney General of the State, the President of the Supreme Court of Justice and the President of the Council of the judiciary.
THE SECOND. The modification to article 314 of the code of criminal procedure, article 8 of this law, shall apply only to the processes which are initiated after the publication of this law.
THIRD. The request for application of alternative outlets during the oral proceedings, in processes where it had set up trial court, will be resolved in audience with priority, without delay and responsibility.
SOLE REPEAL PROVISION. All the rules that are contrary to this law shall be repealed.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative plurinational, twenty-one days of the month of October of two thousand fourteen years.
FDO. Eugenio Rojas Apaza, Marcelo William Elio Chavez, Efrain Condori Lopez, Roxana Camargo Fernandez, Nelson Virreira Meneces, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, on the thirtieth day of the month of October in the year two thousand fourteen.
FDO. ALVARO GARCIA LINERA Juan Ramon Quintana Taborga, Jorge Perez Valenzuela, Felix Cesar Navarro Miranda Minister of mining and metallurgy and interim of Justice, Robert Ivan Aguilar Gomez Minister of education E interim of transparency institutional and fight against the corruption, Amanda Davila Torres.
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