Law Against The Enslavement And Trafficking Of Land

Original Language Title: LEY CONTRA EL AVASALLAMIENTO Y TRÁFICO DE TIERRAS

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/150437

Law No. 477 law of 30 of December of 2013 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 against the SUBJUGATION and traffic of lands chapter I provisions general article 1. (OBJECT). This Act aims to: establish the jurisdictional regime allowing the State to safeguard, protect and defend the individual and collective private property, State ownership and the land of the servo and land traffic.
Modify the criminal code incorporating new types of criminal against the enslavement and trafficking of lands in the urban or rural area.
ARTICLE 2. (PURPOSE). This law aims to protect the property rights, the public interest, sovereignty and food security, greater usability and avoid settlements of populations.

ARTICLE 3. (SUBJUGATION). For purposes of this law, means subjugation invasions or occupations of fact as well as the execution of works or improvements, with violent or peaceful, temporary or continuous, RAID of one or more persons who not prove right of ownership, legal possession, rights or permissions on individual, collective, private property assets of the State, public domain or tax land property.
ARTICLE 4. (COMPETITION). Agri-environmental and courts in criminal matters, courts are competent to meet and resolve the actions laid down in this law.
CHAPTER II AGRI JURISDICTIONAL PROCEDURE ARTICLE 5. (EVICTION PROCEDURE).

The eviction in the agroenvironment judicial procedure, will be developed according to the following: written or verbal presentation of the demand by the owner affected the agri-environmental authority that corresponds, the property rights and a concise list of facts.

Admission of the demand for agro-environmental authority on the day.

Signaling, in the period of twenty-four (24) hours, day and time to develop the audience of Visual inspection and notification to the defendants.

The hearing will take place within a maximum of twenty-four (24) hours since his transfer, contemplating the extension of time limits for the distance. At the hearing the following procedural acts will be developed: promotion of voluntary eviction. The conciliatory route does not imply the waiver of rights.

Determination of the appropriate precautionary measures.

Presentation and assessment of the evidence on both sides.

In case of voluntary eviction, by final order will dispose of the deadline for its implementation, as well as the conclusion of the process by imposing the payment of damages, and costs, where appropriate. In these cases it is not criminal action, unless in the case of property of heritage of the State, public domain or land.
Made the audience and valued history, agri-environmental authority will issue, within the period of three (3) days, ruling declaring proven demand and having the eviction judgment declaring unproven demand.

The ruling declared proven demand will have a deadline for voluntary eviction which shall not exceed the ninety-six (96) hours. Not executed voluntary eviction, there will be a peremptory term for execution with assistance of the police if necessary alternative, as well as the penalty established in the first additional provision of this law, with communication to the INRA.

The sentence imposed the payment of damages, and costs, as appropriate.

Sentences can be appealed in cassation to the agri-environmental court.
II. Joint and several liability for all who participated in actions of subjugation intellectually or material sets.
III. this procedure does not limit other jurisdictional or constitutional actions, these will be processed separately.
ARTICLE 6. (PRECAUTIONARY MEASURES). The agri-environmental authority are available as precautionary measures: freeze and suspension of all kinds of works.

Determination of the custody of the property with the help of the police or armed forces, as appropriate.

Preventive confiscation of the means of perpetration.

Others deemed relevant according to the circumstances.
ARTICLE 7. (EXECUTION OF EVICTION). The evictions in judgment are not fulfilled voluntarily within the time limits, will be executed by the Bolivian police within the period of (ten 10) calendar days following, responsibility, except the need for actions and indispensable and their own assessments in each case.
CHAPTER III ARTICLE 8 CRIMINAL MATTERS. (MODIFICATIONS).
I. are incorporated into the criminal code the articles 337 bis, bis 351 and 351 ter with the following text:? Article 337 bis. (LAND TRAFFIC). Which by itself or by third-party lease, negotiate or make donations, purchase and sale or exchange of individual or collective lands which are not its property, public property, property of heritage of the State or public entities or fiscal lands illegally, shall be punished with deprivation of liberty for three (3) to eight (8) years.
Article 351 bis. (SUBJUGATION). That by itself or by third parties, by means of violence, threats, deceit, abuse of trust or any other medium, invadiere or any fact, total or partially, land or individual, collective property, public property, property of heritage of the State or public entities or fiscal lands, disturbing the exercise of possession or the proprietary right, shall be punished with deprivation of liberty three (3) to eight (8) years.
Article 351 ter. (AGGRAVATING CIRCUMSTANCES FOR LAND TRAFFIC AND SUBJUGATION).
In the case of the articles 337 bis and 351 bis, the penalty shall be aggravated by one third when anyone who commits the offence is or has been public servants, especially those of entities related to the urban and rural land access, is recidivist or ringleader, or crime affects the productive areas urban or rural, areas of water recharge conservation easements, safety strips and other areas with legal protection.?
ARTICLE 9. (PERFORMANCE OF THE PUBLIC PROSECUTOR'S OFFICE).
I in of subjugation and land traffic offences committed against the property of the State, public domain or fiscal lands, goods will correspond to the public prosecutor's Office promote criminal action.
II. the enforceable judgment of the agri-environmental authority stating proven demand, will form the basis of the indictment for criminal action.
III. presented the indictment, the process will provide the immediate procedure for flagrant offences or concentrated research of the code of criminal procedure.

ADDITIONAL PROVISIONS FIRST. The makers and servo and land traffic, participants declared using rulings or administrative decisions ejecutoriadas, as appropriate, may not participate, beneficiaries of the process of distribution of land or rights of use and exploitation of resources, for a period of ten (10) years.
THE SECOND.
I in the context of the article 396 of the political Constitution of the State, any foreign or alien, under any title, can buy State land.
II. the grounds of foreigners who do not have agrarian history, will not be recognition of right to agricultural property.
III. recognize and respect the rights of agricultural property of the lands with agricultural background, on the surface that meets the Social economic function.
IV. you recognize and respect the rights of agricultural property from the premises of national legal holders, on the surface that meets the Social economic function, up to the limit established in the political Constitution of the State.
SOLE TRANSITIONAL PROVISION. The National Institute of agrarian reform? INRA, will ensure the exercise the right to possession and ownership of properties in process of sanitation in course until the registration of the Ejecutorial title in property rights, adopting, ex officio or at the request of a party, the precautionary measures that are required, as stated in the first transitional provision of law No. 3545, except in those processes that are of the agri-environmental court.
FINAL PROVISIONS FIRST. The evictions in areas in process of sanitation, forest reserves and protected areas, are governed by laws, the competent administrative authorities being able to apply the provisions of this law, where appropriate in the case of empty policy.
THE SECOND. Public institutions must provide the conducive economic resources to the enforcement of this law.
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative multinational, to the twenty-one days of the month of December of two thousand thirteen years.
FDO. Lilly Gabriela MONTAÑO Viana, Betty Asunta Tejada Soruco, Andres Agustin Villca Daza, Claudia Jimena Torres Chávez, Marcelo Elio Chavez, 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 December of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Aldo Ruben Saavedra Soto, Cecilia Luisa Ayllon Quinteros, Nemesia Achacollo Tola, Amanda Davila Torres.