LAW OF OCTOBER 30, 2014
ALVARO GARCIA LINERA
PRESIDENT-IN-OFFICE OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, has sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
DECONGESTERING AND EFFECTIVETIZATION LAW
OF THE CRIMINAL PROCEDURAL SYSTEM
ARTICLE 1. (OBJECT). This Law aims to implement procedures to streamline the
processing of criminal causes, in order to decongest the criminal system and reduce the delay of justice to ensure prompt, timely and timely justice. effective, within the framework of the State Political Constitution.
ARTICLE 2. (PRELIMINARY INVESTIGATION WORKERS FILE).
I. Exceptionally, within fifteen (15) working days of the publication of this Law, the and
the Judges of Criminal Instruction will conminate the Public Ministry, through the Department or the Department of Public Prosecutor, so that instruct the Materia Prosecutors, within twenty-five (25) working days, to identify the causes of preliminary investigation that would have remained inactive in tax offices for more than one (1) year, for publication and subsequent file; except in causes for crimes against life, sexual freedom, trafficking and trafficking of persons, political violence, domestic or domestic violence, security and economy of the State, corruption, transnational criminality or organized crime.
II. The Public Ministry, will publish the list of all possible causes of file, in written media of national scope.
III. On the basis of the publication set out in the preceding paragraph, the victim will have a period of ten (10) business days
to activate his/her process, due this time, without the victim's response, the Prosecutor of Materia will have the file of The list of all causes filed by two (2) times with an interval of five (5) working days, must be published in the written media of national scope
IV. If within one (1) year of the case from the notification with the file of workers, the case is not reopened, the criminal action of its own motion shall be extinguished, after notification to the victim.
ARTICLE 3. (EXTRAORDINARY CONVERSION OF CRIMINAL ACTION IN THE INVESTIGATION
I. For the only time, in cases initiated up to December 31, 2013, that are not included in Article 2 of this Law and are in preliminary investigation, the time limits for which were not extended according to regulations in force, within twenty (20) working days following the publication of this Law, the Judges of Criminal Instruction shall agree to the Prosecutor assigned to the case, so that within ninety (90) working days, issue resolution conclusion of the preliminary investigation, in accordance with Article 301 (1), (3) and (4) of the Code of Criminal Procedure.
II. Due to the deadline without the Public Ministry having complied with the procedure, the Judges, after notification to
the victim, will have the file of the workers with responsibility of the Prosecutor. The victim, within three (3) months, may request the conversion of the action.
The Criminal Instruction Judge, ex officio, after the deadline set in the previous paragraph has been met, without the conversion of The action, within forty-eight (48) hours, will declare the extinction of the criminal action, under criminal and disciplinary responsibility.
III. This extraordinary procedure of conversion of the criminal action, will be applied in the following cases:
Offences that require party instance, except for exceptions provided for in Article 17 of the Code of Criminal Procedure.
Offences in which the application of the Regulated Opportunity Criterion, Conciliation and Conditional Suspension of the Process is foreseeable.
Offences of patrimonial content and culpuses, except corruption and related offenses.
ARTICLE 4. (CAUSES WITH IMPUTATION).
In the causes with imputation resolution, the deadlines of which are expired for the conclusive requirement to the date of the publication of this Law, for the only time, the Judges of Criminal Instruction, under responsibility, within twenty-five (25) working days of the publication of this Law, of its own motion shall conminate to the or the Prosecutor assigned to the case through the Departmental Prosecutor, so that in the period of ninety (90) working days, submit a final request pursuant to Article 323 of the Code of Criminal Procedure, The responsibility of the Prosecutor or the Prosecutor.
II. Due to the deadline of the agreement without the Prosecutor or the Prosecutor present the final requirement, the Judge or Judge of
Criminal Instruction will notify the victim or plaintiff to present the Special Charge within ten (10) working days, under the warning of declaring the criminal action extinguished.
ARTICLE 5. (JUDGMENT COURTS).
I. In the processes whose Judgment Courts have not been constituted within the stage of the oral judgment at the time of the
publication of this Law, they shall be constituted by three (3) technical judges.
II. The Presidency of the Court will be exercised alternately, the first time by lot and subsequently by turn.
ARTICLE 6. (DESIGNATION OF JUDICIAL AUTHORITIES, PUBLIC MINISTRY AND SERVANTS AND SUPPORT SERVERS). For the purposes of the application of this Law, exceptionally:
The Council of the Magistrature, may make the appointment of judges in criminal matters and Judges of Judgment, of the lists drawn up as the effect of the internal or external calls for criminal judges, according to the provisions of Article 183 (5) of Paragraph III of Law No 025,? Law of the Judicial Organ?, of 24 June 2010.
The Department of Justice will be able to appoint judicial support personnel with experience in the performance of this.
The Public Ministry, may make designation of Materia Prosecutors, Servers and Public Servants
LEGAL REPRESENTATION OF THE STATE
ARTICLE 7. (REPRESENTATION OF THE STATE).
I. The Attorney General's Office may participate in and intervene in criminal cases for crimes that affect the interests of the State, without the need to constitute a plaintiff, and may raise and/or request any diligence and/or
The Ministry of Institutional Transparency and Fight Against Corruption, in cases of corruption and/or related crimes, in which it has been committed, must participate and intervene as intervener in criminal proceedings, even if not in part
Ministry of Institutional Transparency and the Fight Against Corruptionthe State Attorney General's Office, be
to be .
MODIFICATIONS TO THE CRIMINAL PROCEDURE CODE
AND TO THE JUDICIAL BODY LAW
ARTICLE 8. (AMENDMENTS AND REPLACEMENTS TO THE CODE OF CRIMINAL PROCEDURE).
Articles 26, 52, 239, 300, 301, 308, 314, 315, 318, 319, 320, 321, 334, 340, 341, 345, 373, 393 Bis, 393 Ter, 393 Quater and 393 Quinquer are amended and Articles 325, 326, 327 and 328 of Law No 1970 of 25 March 1970 are hereby amended. 1999, Criminal Procedure Code, with the following text:
Article 26. (CONVERSION OF ACTIONS). At the request of the victim, the public criminal action may be converted into private action in the following cases:
When it is a crime that requires an instance of party, except for the exceptions provided for in Article 17 of this Code;
In the case of crimes of patrimonial content or of crimes that do not result in death, provided that there is no serious public interest committed;
When dealing with crimes against dignity of the human being, provided that there is no severely compromised public interest;
When the rejection provided for in Article 304 or the application of the opportunity criterion provided for in the Numbering 1 of the Article 21 of this Code, and the victim or the plaintiff have filed opposition; and,
Before the notification with the expiration of the deadline for the issuance of the conclusive resolution.
In the cases provided for in Numerals 1, 2 and 3, the conversion shall be authorized by the Departmental Prosecutor or by whom she or the delegate, authorization to be issued within three (3) days of requested. In the case of Numerals 4 and 5, the conversion will be authorized by the competent Judge or Judge?
?Article 52. (JUDGMENT COURTS).
The Judgment Courts, will be integrated by three (3) Technical Judges, who will be competent to know the substantiation and judgment of the trial in all public action crimes, with the exceptions noted in Article 53 of this Code.
II. The Presidency of the Court shall be exercised alternately, the first time by lot and subsequently by turn?
?Article 239. (CESSATION OF PREVENTIVE DETENTION). Preventive detention will cease:
When new elements demonstrate that the reasons that founded it or make it convenient to be replaced by another measure are not present;
When its duration exceeds the legal minimum of the penalty set for the most serious crime to be judged;
When its duration exceeds twelve (12) months without charge or twenty-four (24) months without a sentence, except for offences of corruption, State security, femicide, murder, rape, child, child, adolescent, and infanticide; and,
When the private person of liberty credits terminal illness.
The application, in the case of Numerals 1 and 4, is raised by the or the Judge hearing for resolution within a maximum of five (5) days.
In the case of Numerals 2 and 3, the Judge or Court within twenty-four (24) hours of following, shall transfer to the parties who shall answer in the three (3) days. With or without a reply, the Judge or the Court shall give judgment without the need for a hearing, within five (5) days following, stating the origin, provided that the delay is not attributable to the delaying acts of the person, or the where the benefit is not available, without the possibility of suspension of periods.
In the cases provided for in Numerals 2, 3 and 4 of this Article, the Judge or Court shall apply the appropriate replacement measures provided for in this Article. Article 240 of this Code?.
?Article 300. (TERM OF THE PRELIMINARY INVESTIGATION).
I. Preliminary investigations conducted by the Bolivian Police must be completed within the maximum period of
twenty (20) days, from the report of the investigation to the Judge of Instruction in the Criminal. Within twenty-four (24) hours of the following, the Police will transmit to the Prosecutor General's Office the records and objects they have been kidnapped, unless the Prosecutor or the Prosecutor at any time has his or her remission.
II. The or the Judge of Instruction in the Criminal, served the deadline set in the preceding paragraph, in chronological order will conmine the case or the Prosecutor of the case through the Departmental Prosecutor, so that within the five (5) days issue conclusive resolution of the preliminary investigation, pursuant to Article 301 of this Code, under responsibility?
?Article 301. (STUDY OF POLICE ACTIONS).
I. Received police actions, the or the Prosecutor will analyze its content for:
Formally impute the fact attributed provisionally, if they are met the legal requirements;
Order in a substantiated manner the complementation of police measures, setting the deadline for the effect no greater than sixty (60) days, in complex investigations or facts found linked to crimes committed by criminal organisations or exist The extension of the period shall not exceed 80 days; and in cases where there is international cooperation or financial investigation, one hundred and twenty (120) days; the communication of the extension to the Judge of the Instruction, who, upon expiration of the term, will conminate the case or the Prosecutor of the case through the Departmental Prosecutor, so that within five (5) days it will issue conclusive resolution of the preliminary investigation;
Dispose the rejection of the complaint, the complaint or the police actions and in consequence of your file; and,
Request the Instruction Judge or Judge, the conditional suspension of the process, the application of an opportunity criterion, the substantiation of the abbreviated procedure, or the reconciliation.
II. The deadline set in Article 134 of this Code, will begin to run from the last notification of
the or the Judge with imputation to or imputed?.
? Article 308. (EXCEPTIONS). The parties may object to the criminal action, by the following
exceptions of prior and special pronouncement:
Lack of action, because it was not legally promoted or because there is a legal impediment to pursuing it;
Extinction of the action penal as set forth in Articles 27 and 28 of this Code;
Cosa judged; and,
If two (2) or more exceptions are to be considered together, based on
only, as set out in Article 314 of this Code?.
?Article 314. (FORMALITIES).
I. Exceptions will be dealt with by the incidental path only once, offering appropriate and pertinent proof, the
which may be considered in writing to the or the Judge of Instruction in the Criminal within of the ten (10)-day-time period from the judicial notice with the initiation of the preliminary investigation, without interrupting investigative actions.
. The or the Criminal Instruction Judge within twenty-four (24) hours, will be transferred to the victim and to the other parties, who may respond in writing within three (3) days; the victim or the other parties, the or the Judge shall indicate a hearing for his decision within the fatal period of three (3) days, after notification; the inattendance of the parties shall not be cause of suspension of hearing unless duly physical impairment accredited with suitable test. Without a reply from the victim or from the other parties and the time limit is expired, the Judge or Court shall settle in a substantiated manner within the fatal period of two (2) days, without the need to convene a hearing, as well as the exceptions of pure law.
III. Exceptionally, during the preparatory stage and oral judgment, the or the imputed may raise the exception
upon termination of the criminal action, offering appropriate and appropriate proof, as set forth in Article 4 of the Article 308 of this Code.
IV. Exceptionally, when absolute defects are present that aggrieved constitutional rights and guarantees
causing defencelessness, during the preparatory stage the parties may raise incidents for corrective purposes.
I. The or the Judge or Court, will dictate resolution based on the time-limits provided for in the Article
precedent, declaring exceptions and/or incidents to be founded or unfounded, as appropriate.
When the exceptions and/or incidents are manifestly imparted, for lack of foundation and proof, the Judge or Court must reject them in limine without further recourse, within the period of twenty-four (24) hours, no hearing need, and no further processing.
III. In the event that the exceptions and/or incidents are declared manifestly dilatory, malicious and/or
daredevil, will interrupt the deadlines of the prescription of the criminal action, of the duration of the preparatory stage and of duration The maximum of the process, once again the deadlines. Consequently, the judge or tribunal, after warning in use of its coercive power and moderator, will impose on the lawyer a pecuniary sanction equivalent to two (2) national minimum wages, amount of money that will be deposited in the account of the Judicial Authority. In case of continuing the dilatory attitude, the Judge or Court will remove the lawyer from the action of the process in particular, designating a public defender or officio.
. Rejection of exceptions and incidents will prevent them from being raised again for the same reasons?
? Article 318. (PROCESSING AND RESOLUTION OF EXCUSES).
I. The or the Judge in any of the grounds established in Article 316 of this Code, is obliged to excuse itself in the term of twenty-four (24) hours by means of a grounded resolution, immediately departing from the knowledge of the process.
II. The or the Judge who excuses, will forward the cause to the Judge or Judge to replace it, who will assume
knowledge of the process immediately and will continue its course without interruption of performances and hearings; likewise, forward copies of the relevant records to the relevant Criminal Court of the Departmental Court of Justice on the day, which without a hearing need to be heard within the period of time of not extending forty-eight (48) hours of receipt the actuates, under alternative of incurring delay of justice, without recourse further. If the Superior Court accepts or rejects the excuse, as the case may be, it shall order the replacement Judge or Judge to continue with the substantiation of the proceedings. All actions of one and another Judge will remain valid.
When the Judge or Judge who is excused integrates a Court, you will ask the Court to separate it from the knowledge of the process, without suspending procedural actuations, the the same Court shall decide on the acceptance or rejection of the excuse, if accepted, copies of the antecedents shall be raised before the Criminal Court of Justice of the Departmental Court of Justice, which shall act within the time limit Forty-eight (48) hours, from receipt, under responsibility, without recourse later.
IV. When the number of excuses prevents the existence of a quorum or the excuse of one of its
members is accepted, the Tribunal will be completed according to the provisions of the organic provisions?
?Article 319. (OPPORTUNITY FOR RECUSAL).
The recusal can be interposed for one time:
In the preparatory stage, within three (3) days of taking the or the Judge, knowledge of the cause;
At the trial stage, within the term set for the hearing's preparatory acts; and,
On the resources, within the deadline to express or answer grievances.
II. When the recusal merges into an over-coming causal, it may be considered within three (3) days of
known the causal, accompanying the relevant test, expressly indicating the date and circumstances. knowledge of the invoked causal, until before the closing of the debate or resolution of the resource.
. In no case will the recusal be able to fall on more than half of a full room or Tribunal of
Statement, and no more than three (3) Judges can be recused successively?
?Article 320. (PROCESSING AND RESOLUTION OF THE RECUSAL).
I. The recusal will be filed with the or the Judge or Court that knows the process, by writing
based, offering relevant evidence.
II. If the or the Judge recused supports the promoted recusal, will continue the procedure established for the excuse. In
rejection case will apply the following procedure:
When you are a one or a single-person judge, you will raise a background to the Criminal Court Room of the Departmental Court of Justice within the (24) hours of the application of the recusal, accompanying the document of interposition together with its informed decision, without suspending the process. The High Court shall act within the next forty-eight (48) hours of the actuates, on the acceptance or rejection of the recusal, without further recourse, under responsibility. If the Departmental Court of Justice accepts the challenge, it shall replace the Judge or the Judge who is recused in accordance with the provisions of the organic provisions; if he rejects it, he or she shall order the Judge to continue with the knowledge of the process, who shall not be able to be challenged or challenged by the same causes.
When it is a judge or a court that integrates a court, the rejection will be made before the same Court, who will decide within the time and form set out in the previous.
The recusal must be rejected when it is not in the event that the date and circumstances of the invoked causal are not indicated, is manifestly inappropriate or is present without proof.
. When the number of recuses prevents the existence of a quorum or accept the recusal of one of your
members, the Court will complete according to the provisions of the organic provisions?
Article 321. (EFFECTS OF THE EXCUSE AND RECUSAL).
I. Produced the excuse or recusal, the replacement Judge or Judge will not be able to suspend procedural processing; accepted
the excuse or recusal, the separation of the or the Judge will be final, even if II.
Not be a causal event;
Be manifestly inappropriate;
Be present without proof; or
Having been rejected, is repeated on the same terms.
III. Rejected excuses must be brought to the attention of the competent disciplinary authority; if
rejects the recusal in limine, a fine will be imposed equivalent to three (3) days of monthly of one or a technical judge; in the case of recusal rejected consecutively, the fine must be progressive in three (3) days of having monthly of one or a technical judge.
IV. The processing of the excuse or recusal will suspend in its Case deadlines of the prescription, duration
of the preparatory stage and the maximum duration of the process.
In case of rejection of a recusal that has been declared manifestly unfounded,openly dilatory, will interrupt the deadlines of the prescription of the criminal action, of the duration of the preparatory stage and of the maximum duration of the process, again computing the deadlines. Consequently, the judge or tribunal, after warning in use of its coercive power and moderator, will impose on the lawyer a pecuniary sanction equivalent to two (2) national minimum wages, amount of money that will be deposited in the account of the Judicial Authority. In case of continuing with the dilatory attitude, the Judge or Court will remove the lawyer from the action of the process in particular, designating a public defender or officio?
Article 325. (SUBMISSION OF A CONCLUSIVE INJUNCTION).
I. Submitted the conclusive order of charge, the or the Judge Instructor within the time limit of twenty-four
(24) hours, prior to drawing, shall transmit the antecedents to the Judge or Court of Judgment, under responsibility.
II. In the event of a conclusive requirement for the application of alternative exits, the or the Judge shall
resolve in a written and without hearing the opportunity criteria, provided that the documents showing compliance with the requirements of the appropriate legal requirements, within five (5) days following; where the application of the conditional suspension of the process, the abbreviated procedure or the promotion of the conciliation would have been required, should be settled in a hearing to be held within ten (10) days of the following.
III. In case the person imputed to save preventive detention, the maximum time limit will be five (5) days
for the conduct of the hearing, under responsibility.
IV. In cases established in paragraphs II and III of this Article, the hearing may not be suspended if the victim or plaintiff does not attend, provided that it has been notified, under the responsibility of the judicial servants responsible for the notification, the assumed resolution must be notified to the victim or plaintiff?
?Article 326. (SCOPE OF ALTERNATIVE OUTPUTS).
I. The imputed may be eligible for the abbreviated procedure, opportunity criterion, conditional suspension of the
process or reconciliation, in the terms of Articles 21, 23, 24, 373 and 374 of the Code of Criminal Procedure, and the Articles 65 and 67 of Law No 025 of 24 June 2010,? Law of the Judicial Organ?, provided that it is not expressly prohibited by law, even if the cause is with indictment or hearing of oral judgment, until before the sentencing.
II. In these cases, the or the imputedCourt; this application is not binding on the decision of the Public Ministry and will be promoted only if the requirements that this Code requires are met. The victim or plaintiff may formulate founded opposition.
III. Requests for alternative exits must be addressed with priority to others without delay, under
liability of the Judge and the Judge or the Prosecutor?
?Article 327. (RECONCILIATION). Whenever reconciliation is predictable according to special regulations
The or the Prosecutor's Office, must promote it at the first moment of the investigation and during the preparatory stage within the maximum period of three (3) months from the date of the formal imputation, and must make known to the Judge the result.
The or the Judge of its own office, must promote it before the conclusion of the term of the preliminary investigation is completed or before it is given a decision on the extension of theparties will be able to promote reconciliation at any time?
?Article 328. (PROCESSING AND RESOLUTION OF ALTERNATIVE OUTLETS).
I. The request for a regulated opportunity criterion must be performed with the full relevant test and
resolved without further processing, within five (5) days of your application, in writing and without need for an audience.
II. The application of the conditional suspension of the process, the abbreviated procedure, or the reconciliation, must
be resolved in the audience to be performed within the maximum period of ten (10) days thereafter. If the person concerned is to be held in custody, the maximum period shall be five (5) days for the conduct of the hearing, in both cases under responsibility; in such cases, the hearing may not be suspended if the victim or plaintiff does not assist, provided that it has been notified, in such case the assumed resolution must be notified to the victim or plaintiff.
. The criterion of opportunity and the conditional suspension of the process, will not proceed if the imputed is
repeat or have had some alternative output applied to it malicious offense.
IV. The application for the application of alternative exits in judgment, will be resolved in an audience without delay and under responsibility?
? Article 334. (CONTINUITY). The trial will be performed without interruption every day until
dictates statement, and can only be suspended in the cases provided for in this Code. The hearing shall be held without interruption, not only in working hours of the day, and shall be enabled, if necessary, overtime. The Judge or Court shall order the daily recesses which may not exceed sixteen (16) hours. In no case will the judge be able to declare a fourth intermediate.
The principles of concentration and continuity must be understood as commands to develop processes in chronological order, uninterruptedly until their conclusion?
? Article 340. (PREPARATION OF THE TRIAL).
I. Receipt of the charge to the court or competent court and the cause in the day, the judicial authority
will notify the Public Ministry for the physical presentation of the evidence offered, within twenty-four (24) hours following, under responsibility.
II. The or the Judge, or the President of the Court of Judgment, within twenty-four (24) hours of received
evidence of the allegation Prosecutor, will notify the victim or plaintiff to submit the charge (a) to the tax charge, and to offer the evidence of charge within the term of ten (10) days, in the event that other evidence is offered other than those referred to in the public prosecutor's statement, obtained legally, they must be presented with the particular charge or with the accession to the tax charge. Failure to exercise this right by the victim shall not prevent his participation in the trial and subsequent stages under Article 11 of this Code.
III. Due to the time limit given to the victim or plaintiff with or without its pronouncement, will be placed in
knowledge of the or the imputed the tax charge, in its case that of the plaintiff and the evidence of charge offered, so that within ten (10) days following its notification offer and present physically your offloading tests.
IV. Due granted to the or the imputed, with or without its pronouncement, the Judge or Court of Judgment will dictate self-opening of the trial?
? Article 341. (CONTENT OF THE INDICTMENT).
I. The indictment will contain:
The data that serves to identify the person or the victim, his or her procedural and actual address, attaching the latter's sketch;
The precise and circumstantial relationship of the fact;
The substantiation of the charge, with the expression of the test elements that motivate it;
The applicable legal precepts; and
The offering of the test with general indication of its relevance and usefulness.
The victim or plaintiff will have autonomy to specify the facts of the Special Indictment, its legal status, and to offer proof, even if you can adhere to the one presented by the Prosecutor, without this being considered abandonment of the complaint?
?Article 345. (PROCESSING OF INCIDENTS). All incidental issues
in accordance with the rules of Articles 314 and 315 of this Code, shall be dealt with in a single act, unless the Court resolves to do so in judgment.
discussion of the incidental issues, will be granted the word to the parties only once, by the
time to be established by the judge or the President of the Court, without replication or rejoinder?
Article 373. (PROVENANCE).
Concluded the investigation, the or the imputed the or the Prosecutor may request that the procedure be applied
abbreviated; in the preparatory stage before the or the Judge of Instruction according to the Numeric 2 of the Article 323 of this Code; and at the stage of trial before sentencing, both in the common procedure and in the immediate procedure for flagrant offenses.
II. When the application is filed by the or the Tax, in order for it to be obtained, must be accepted by the person or the person concerned advocate, which must be founded on the admission of the event and its participation in the event.
III. In the event of the victim's founded opposition or the common procedure permitting better knowledge of
the facts, the The Judge will be able to deny the application of the abbreviated procedure.
IV. The existence of several imputed in the same procedure, will not prevent the application of these rules to any of them?
?Article 393 Bis. (PROVENANCE). In the resolution of Formal Imputation, the or the Prosecutor shall request
to the Criminal Instruction Judge the application of the immediate procedure for flagrant crimes, in accordance with the rules of this Title, when the imputed to be caught or apprehended in the commission of a felony.
The related offenses in which they are involved other imputed, will not accumulate the procedure
immediate by flagrancy?.
?Article 393 Ter. (HEARING).
In oral hearing, the Criminal Instruction Judge or Judge will listen to the Prosecutor, the defendant and his/her defender,
to the victim or the complainant, verify compliance with the conditions of origin provided in the preceding Article and shall rule on the application of the procedure.
If the Judge or the Judge accepts the application of the immediate procedure by flagrant, the same hearing or the Prosecutor may:
Request the application of an alternative output, including the procedure abbreviated when the requirements of this Code are met;
If you require additional investigative or evidence recovery acts, you will request the Judge or the Judge, in a justified manner, to may not exceed thirty (30) days. The judge will decide in a substantiated manner the prosecutor's request, after the victim or the plaintiff and the defense intervene;
If you consider that you have sufficient elements of conviction, you will present the accusation, will offer and accompany the test at the same hearing;
Themay adhere to the indictment of the prosecutor or charge particularly at the same hearing, offering and submitting proof of charge. The public charge, and in his case the particular charge, shall be brought to the attention of the accused at the same hearing, so that in the maximum period of five (5) days he offers and accompanies proof of discharge. If this deadline is expired, the Judge or Judge will forward the actions to the appropriate Judge or Judge of Judgment.
Request the preventive detention of the or the imputed, when any of the requirements set forth in the Article 233 of this Code, to ensure its presence in the trial. The application may not be denied by the Judge of Instruction, except for cases of impropriety of pre-trial detention, in which preventive detention measures will be imposed.
II. or the Judge will dictate regarding Numerals 2, 3, and 4 of the preceding paragraph, not
will be susceptible to any resource.
III. The incidents and/or exceptions may be raised orally, for the only time, in the hearing. The
Judge will resolve in the same audience?.
?Article 393 Quater. (PREPARATORY ACTS FOR IMMEDIATE JUDGMENT).
twenty-four (24) hours of received the proceedings, the Judge or Judge will root the cause and dictate self-opening judgment, stating the day and time of the hearing of oral judgment, within a period not exceeding five (5) days, based on public and/or particular charge?
? Article 393 Quinquer. (IMMEDIATE TRIAL).
I. For the realization of the Immediate Judgment, the rules intended for ordinary judgment shall apply, as
set forth in this Code.
II. The principles of concentration and continuity must be understood as commands to develop processes
in chronological order, uninterruptedly, to its conclusion?.
ARTICLE 9. (AMENDMENTS TO THE LAW OF THE JUDICIAL BODY). Is amended Article 60 and
Paragraph I of Article 126 of Law No. 025 of 24 June 2010? Law of the Judicial Organ?, with the following text:
Article 60. (Composition).
I. The Judgment Courts will be composed of three (3) technical judges, who will be competent for
to know the substantiation and judgment of the trial in all public action crimes, with the exceptions noted Article 53 of the Code of Criminal Procedure.
II. The Presidency of the Court shall be exercised alternately, the first time by lot and subsequently by turn.
. Public Courts are constituted by a Judge or a Judge?
Article 126. (Holidays).
I. The judges and magistrates of the Supreme Court of Justice and the members of the court, judges and judgesthe
Department of Justice Courts, as well as the judicial support servers of their offices, will enjoy Annual individual vacation of twenty-five (25) calendar days, which will be regulated and scheduled by the Supreme Court of Justice and the Departmental Courts of Justice, in coordination with the Council of the Magistracy?
FIRST. Within twenty (20) business days of the publication of this Law, the Council of the
Magistracy and the Public Ministry, must to appoint new Judges and Prosecutors, respectively, in accordance with Article 6 of this Law.
SECOND. For the effective compliance with this Law, the Supreme Court of Justice and the Prosecutor's Office
General of the State, within five (5) working days of the publication of this Law, must issue the corresponding instructions or circulars.
THIRD. The deadlines 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 trials that are in substance before the Courts of Judgment until before the
publication of this Law, shall be held in chronological order by its President or President, as the only authority The Court of Justice may depart from the Court's decision to the other Technical Judge or other Technical Judge. The President or President of the Court shall have the necessary measures to substantiate the hearing in a continuous manner until its conclusion, applying the moderator and disciplinary power, under responsibility; for that purpose, it may be noted days and hours. extraordinary.
FIRST. The Monitoring and Monitoring Commission of this Law is created, as a decision-making body and
audit of the implementation process for the decongestation of the Criminal System, the same one that will be constituted by the Minister or 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 Magistracy.
. The amendment to Article 314 of the Code of Criminal Procedure, set out in Article 8 of the
this Law, shall only apply to the processes that are initiated after the publication of this Law.
THIRD. The application for the application of alternative exits during the oral trial, in processes where there would be
constituted Court of Judgment, will be resolved in a hearing with priority, without delay and under responsibility.
ONLY. All the rules contrary to this Law will be repealed.
Remitase to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-one day of the month of October
two thousand fourteen years.
Fdo. Eugenio Rojas Aapza, Marcelo William Elio Chavez, Efrain Condori Lopez, Roxana Camargo Fernandez, Nelson Virreira Meneces, Angel David Cortes Villegas.
Therefore, it is enacted so that it has and complies with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the thirty days of October of 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 ACTING JUSTICE, Roberto Ivan Aguilar Gomez MINISTER OF EDUCATION AND INTERIM TRANSPARENCY INSTITUTIONAL AND FIGHT AGAINST CORRUPTION, Amanda Davila Torres.