Pluri-National Service Law Of Public Defense

Original Language Title: LEY DEL SERVICIO PLURINACIONAL DE DEFENSA PÚBLICA

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law no 463

LAW OF DECEMBER 19, 2013

ALVARO GARCIA LINERA

PRESIDENT-IN-OFFICE OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has Sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

MULTINATIONAL PUBLIC DEFENSE SERVICE LAW

TITLE I

GENERAL PROVISIONS

CHAPTER I

GENERAL PROVISIONS

Article 1. (OBJECT). Create the Plurinational Public Defense Service, under the Ministry of

Justice, as a decentralized institution in charge of the public criminal defense regime of the persons reported, charged or prosecuted.

Article 2. (LEGAL NATURE). The Plurinational Service of Public Defense, is a service that

grants the State enshrining the right to defense as a fundamental right and as the expression of justice, based on principles, guarantees, values, founded on plurality and legal pluralism.

Article 3. (PURPOSE). The Plurinational Public Defense Service aims:

Ensuring the inviolability of the right of defense and access to a plural, prompt, timely and free justice, providing legal assistance and state technical criminal defense to any person reported, imputed or

processed without economic resources and those who do not appoint a lawyer or lawyer for their defense.

Exercise its functions for the purpose of achieving a favorable alternative to the solution of the conflict, avoiding all the means the delay of justice.

To perform its functions in the national territory to assume the technical defense from the first act of the criminal process to the execution of the sentence.

Grant in favor of the persons accused of having been declared rebels to the Law, exercising the defense technical in full compliance with the principle of probity; older adults and children under eighteen (18) years of age will have direct access to the Service.

Article 4. (EXERCISE).

I. The Plurinational Public Defense Service will perform its functions through the Director or National Director of the

Service, Directors or Departmental Directors, Human Rights Defenders, and Public Defenders. Defenders and Auxiliary Advocates, designated in the manner determined by this Law and the regulations.

II. The National Directorate of the Service shall have the seat of the City of La Paz. Departmental Directorates will have

headquarters in Department capitals and will have repartitions in the provincial judicial seats with greater procedural burden.

Article 5. (PRINCIPLES). The Plurinational Service of Public Defense in the exercise of its functions and

attributions, is governed by the following principles:

Autonomy. The Service enjoys management autonomy in performance

Independence.

Service personnel have functional, technical, and professional independence .

Legality. The exercise and acts of the technical defense will be subject to what is established in the State Political Constitution, the existing International Treaties and Conventions, and the laws.

Probity. Service personnel, in the exercise of their duties, will observe the principle of probity, developing their work in an honest, transparent manner, using all their technical and professional skills and knowledge.

Gratuity. Access to the Public Defense Service is free to the user or user who does not have the necessary financial resources for the hiring of a lawyer or a private attorney.

Transparency. The Service shall provide the investigative information to and the reported, charged, criminally prosecuted, public servants, declared rebels, under the age of 18 and older adults applying for this service, in addition to the application of the rules in place on transparency.

Suitability. Capacity and experience are the basis for the exercise of the state technical criminal defense. Its performance is governed by the ethical-moral principles of the plural society and the values underpinning the Plurinational State.

Unit. The Service is unique and indivisible throughout the territory of the Plurinational State and exercises its functions through the personnel that represent it in its entirety.

Reconciliation and alternative output. The reconciliation or application of alternative outputs will be promoted as a priority, procedure rules.

Responsibility. Service shall be responsible for its acts in the exercise of its functions, in accordance with the Political Constitution of the State, the Law and its Regulations.

Celerity. The Service must perform its functions promptly, timely, and without delay, fighting against all acts of justice.

Complementarity. concurrency of efforts and initiatives of all constitutionally recognized jurisdictions.

Efficiency, effectiveness, and effectiveness. The Service must achieve scheduled goals and goals in a predetermined time according to the policies, rules, and procedures established by Law.

Warmth and quality. Providing service with cordiality and good treatment, for the purpose of contributing in a better way to the purpose of this Law.

Legal pluralism. The Service recognizes the coexistence of the legal systems enshrined in the Constitution of the State.

Interculturality. The Service recognizes the expression and coexistence of cultural, institutional, normative and linguistic diversity in the exercise of individual and collective rights in the search for Living Well.

CHAPTER II

COMMON PROVISIONS FOR THE FINANCIAL YEAR

OF THE PLURINATIONAL PUBLIC DEFENSE SERVICE

Article 6. (LEGAL PLURALISM AND INTERCULTURALITY).

I. The Plurinational Public Defense Service will ensure respect for the coexistence of indigenous native jurisdiction

in the same hierarchy as ordinary justice, within the framework of the Political Constitution. of the State.

II. The Service, in the performance of its functions, will respect the interculturality, institutionality and current regulations.

Article 7. Plurinational Service of Public Defense will provide equal treatment,

worthy, warm and humane to the parties involved in the criminal proceedings and their families, as well as to ensure that the guarantees are respected. User or user jurisdictional.

Article 8. (PERMANENT EXERCISE). The Defenders of the Plurinational Service of

Public Defense, will provide their services uninterruptedly during the twenty-four (24) hours of the day, including Sundays and holidays, under the mode of shift work set by instructions or circulars. The tablilla that establishes weekly and/or monthly shifts will be of knowledge of the Departmental Courts of Justice, Departmental Fiscalas and other institutions that by their nature require the presence of the Service.

Article 9. (PRIMACY OF MATERIAL DEFENSE).

I. When there is contradiction between the material defense and the technique, the material will first take precedence.

II. When the material defense is evidently contrary to the interests of the user or the user and the law itself, the

Defender or the Defender may request a psycho-social assessment and assume the defense based on the constitutional principles and guarantees, Treaties and International Conventions and the Law.

Article 10. (REPRESENTATION WITHOUT A MANDATE). The technical criminal defense designated by the Service

Public Defense Plurinational, has sponsorship and representation sufficient to exercise the rights of the user or the user, prior to conversation and communication to the favored whenever the Law permits.

Article 11. (CONFIDENTIALITY).

I. The Plurinational Public Defense Service has an obligation to keep reserve on the information and facts under

criminal investigation that it knows in relation to specific cases, being able to provide only institutional information.

II. Service personnel have an obligation to keep professional secrecy, except if necessary for their own

defense or if the sponsored person authorizes their disclosure or there is a serious and imminent danger to society or the state.

Article 12. (GRANTING OF SERVICE AND GRATUITY).

The Plurinational Public Defense Service is free of charge for any person who does not have the necessary financial resources for the hiring of a particular lawyer or attorney, as well as for older and minor adults. Eighteen (18) years of age.

II. It will be granted to those who do not appoint a lawyer or lawyer for their defense; however, the Service may repeat

the cost according to the duties set by the Ministry of Justice, to those people who would have refused such a designation and were solvent.

Also, the Service extends when the lawyer or lawyer of the person charged does not attend the hearings indicated by the competent authority.

III. The Service shall be granted in favour of the servants and the public servants who are prosecuted for crimes committed

in the exercise of the public function, which will not appoint technical defense or be tried in absentia; however, the Service may repeat the cost according to the tariffs established by the Ministry of Justice, in case the ruling of last resort

Plurinational Service of Public Defense is exempt from the payment of fees, securities or other customs duties for

the proceedings and actions carried out in the exercise of their functions.

Article 13. (EXTENSION).

I. The technical defense provided by the Public Defense Plurinational Service extends from the first act of

the investigation to the end of the execution of the statement, remaining unchanged for the interposition and corresponding procedures for the successive resources established by Law.

II. When the competence for knowledge of the resources corresponds to a court whose seat is located in a district a different court, the Director or the Departmental Director of the Service in which he/she is processing the appeal, will appoint the Ombudsman or the Ombudsman in that seat for the attention of the resource.

III. In the procedures for extradition, the extraditable person will have an Advocate or a Defender under the conditions

established by Law.

Article 14. (INTEGRATED CAUSES TRACKING SYSTEM).

I. The integrated cause tracking system is constituted as a tool for providing information,

statistics, tracking and control of the service delivery in the State territory.

II. Your handling and operation will be regulated by specific regulations.

CHAPTER III

MULTILINGUAL SERVICE FUNCTIONS

PUBLIC DEFENSE

Article 15. (FUNTIONS). The Public Defense Plurinational Service, for the fulfillment of its purposes,

has the following functions:

Report to the user or the user of the Service, on the procedural rights and guarantees

Intervening at all stages of the process, proposing and defending the corresponding acts, actions and resources to ensure the full validity of the procedural principles, jurisdictional guarantees and the rights established in the Political Constitution of the State, International Conventions and Treaties on human rights and the laws that protect or benefit the user or the user.

Ensuring the right to technical defense.

Promote priority the reconciliation or the application of the alternative exit to the criminal proceedings where it is legally permitted and there is no serious involvement in the interest of the society.

Fight against the delay or denial of justice and the violation of user or user rights.

Reporting any action or action a manifestly negligent or intentional omission, which is intended to bring about a delay of justice in a given procedural cause, and the failure to comply with the procedural time limits laid down in the criminal law by the judicial authority or of the Public Ministry, following up on it until its conclusion.

Make weekly visits to prison facilities or any place where people are deprived of their freedom, informing their superiors.

Managing a database for monitoring Service causes and delivery.

Generate and issue institutional information about the management of the Service, weekly and monthly, to the top and the client.

Ensuring the specialized technical defense of the older adults, girls, boys and adolescents, in coordination with entities and competent authorities.

Other functions set forth in this Act.

CHAPTER IV

COORDINATION AND COOPERATION

Article 16. (COORDINATION AND COOPERATION WITH THE ORIGINAL INDIGENOUS JURISDICTION

CAMPESINA). The Plurinational Public Defense Service, must defend with the indigenous indigenous authority the fulfillment of the mechanisms of coordination and cooperation established in the Constitution of the State and current regulations.

Article 17. (OBLIGATION OF COLLABORATION).

I. Within the framework of their competencies, the servers and public servants of the state entities, they have an obligation

to provide the required cooperation for the Plurinational Defense Service in free form Public, as well as proper collaboration for the best fulfillment of their purposes.

II. Service provision is exempt from payment of fees, duties or any other type of value.

TITLE II

ORGANIZATION OF THE MULTILINGUAL SERVICE

PUBLIC DEFENSE

CHAPTER I

ORGANIZATION AND GENERAL CONDITIONS

FOR THE EXERCISE OF THE SERVICE FUNCTION

Article 18. (ORGANIZATION). The Public Defense Plurinational Service organization is as follows:

Director or National Director.

Director or Director of Monitoring and Control.

Director or Director Departmental.

Advocate or Public Defender.

Defender or Auxiliary Defender.

psycho-social support staff.

Administrative staff.

Article 19. (GENERAL DESIGNATION REQUIREMENTS). For the exercise of the function in the Service

Public Defense Plurinational, in addition to the requirements laid down in Article 234 of the State Political Constitution, it is required:

Having professional title, as appropriate.

Not meeting the prohibitions, impediments, or incompatibilities set forth in the State Political Constitution and this Law.

Article 20. (INCOMPATIBILITIES). They are grounds for incompatibility for the exercise of the function in the

Plurinational Public Defense Service, the following:

The exercise of the free profession, except for its own cause,

The exercise of other public or private charges that are remunerated or not.

Staff who have relatives up to the fourth degree of consanguinity and the second affinity in the Service.

Article 21. (PROHIBITIONS). In addition to the provisions of Article 236 of the Political Constitution of the

State, Defenders and Advocates of the Plurinational Public Defense Service will not be able to:

Reside instead of territorial scope for which they were designated or designated, except for displacements in official and service commissions.

Concurrate with character or official attributes, any act or public meeting that does not correspond to the exercise of their functions.

Provide or maintain technical defense to the person processed when he/she has an Advocate Designated defender, except as provided by law.

To consult as an independent professional or to provide advice in cases of judicial jurisdiction outside the cases inherent in the exercise of its function.

Article 22. (DERACTS). The staff of the Plurinational Public Defense Service, has the following

rights:

Not to be removed, removed, terminated, suspended from their duties, except in cases established by Law.

Perceiving compensation according to its category and work performed.

Not being required to comply with orders, instructions or indications that are contrary to the Constitution of the State or the laws.

Not be moved indefinitely from the territorial scope where they were designated, except for the conditions and forms outlined by regulation.

For training, training and permanent updating for the optimal exercise of their functions.

Article 23. (CESATION). The staff of the Public Defense Plurinational Service will cease in the exercise of

its functions for the following reasons:

Overcoming Incapacity.

Incurring any impediment, prohibition, or incompatibility provided for in the Constitution of the State or the Law.

Renunciation accepted.

Haber period of functions for which you were designated or designated, as appropriate.

Retirement.

demise.

A failure rating for the exercise of the charge, which is emerging from the performance evaluation twice, pursuant to this Law and its regulatory provisions.

When there is a conviction executed in criminal matters.

By administrative resolution executing the removal of the charge by disciplinary process.

When there is an enforceable statement of charge, pending compliance.

Others determined by Law.

Article 24. (SUPLENTY).

I. In the event of temporary impairment, removal, suspension, waiver, absence or impediment of the Director or Director

National, shall be supplied or supplied by the Director or the Director of Supervision and Control of the Service. In the absence of this or this, it will be supplied or supplied by the Director or the Departmental Director closest to the headquarters, according to order of precedence.

II. In case of removal, resignation, absence or impediment of the Directors or the Departmental Directors, they will be

supplied by the Advocate or the Older Defender, according to order of precedence.

III. The suplences will be regulated by regulation.

Article 25. (POSSESSION). Prior to the requirements required by this Law:

The Director or National Director shall be possesionated or possesionated by the Minister or the Minister of Justice.

The Director or the Director Director of Supervision and Control, and the Directors and Departmental Directors, will be sworn in by the Director or the National Director.

The Defenders and Public Defenders will be sworn in by the Director or the respective Departmental Director.

CHAPTER II

DEFENDERS AND SERVICE ADVOCATES

PLURINATIONAL PUBLIC DEFENSE

SECTION I

DIRECTOR OR NATIONAL DIRECTOR OF THE SERVICE

PUBLIC DEFENSE PLURINATIONAL

Article 26. (DIRECTOR OR NATIONAL DIRECTOR). The Director or the National Director is the maximum

authority of the Plurinational Service of Public Defense, exercises the executive representation of the institution in the territory of the Plurinational State and on servers and servers in the Service. Assumes the defense of users and users in accordance with this Law.

Article 27. (DESIGNATION AND TERM OF OFFICE).

I. The Director or National Director shall be appointed or appointed by the Minister or the Minister of Justice through Ministerial Resolution, after qualification of professional and merit capacity.

II. functions for five (5) years, with the possibility of a new designation. The designated or designated,

completed its period, may be returned to the Service.

III. The term of office of the Director or National Director shall be interrupted by the causes established in the

this Law, The Minister or the Minister of Justice shall appoint a new holder.

Article 28. (REQUIREMENTS). To be designated or designated Director or National Director, in addition to the

general requirements, it is required to have performed with honesty and ethics the practice of law in the public or private function for six (6) accredited years and training in criminal matters.

Article 29. (ATTRIBUTIONS). The Director or National Director of the Public Defense Plurinational Service, has the following attributions:

Direct, organize and administer the Service.

Judicial review and implementatively to the institution.

Propose and implement policies and standards for the protection and defense of fundamental rights, as well as access to justice for vulnerable sectors.

Setting the performance criteria for compliance with the objectives set forth in this Law.

Set the criteria to be applied in terms of human resources, remuneration, investments, expenses, planning, administration and finances.

Designate, Remover, moving, suspending and removing the Service's staff, as well as revoking appointments, granting licenses, accepting or rejecting waivers, according to regulation.

Hire consultants or consultants for better service delivery.

Dispose address creation and location, regional offices and coordination, specialized units, designating the necessary personnel and personnel according to the needs and requirements of the Service.

Dispose by means of resolution, displacement, replacement or reassignment of the functions of Human Rights Defenders, Defenders and support staff service reasons, without this implying the final removal of the place of service.

Approving, modifying and leaving the Service regulations without effect.

Designate the or the disciplinary authorities of the Service, in accordance with this Law and its regulations.

Maintain discipline within the institution and impose sanctions on servers and servers, in the cases and forms established by this Law and internal regulations.

Periodically inspect all offices of the institution.

Develop the institutional budget annually, in accordance with the Law.

In the framework of the current legal regulations, promote and subscribe agreements and agreements with national institutions or foreign, public or private, for the best performance of the purpose and functions of the Service.

Promote and subscribe agreements and agreements with public and private universities, in order to assist the Service.

Manage the statistics of the institution and draw up an annual report.

Ratify or revoke travel decisions within the departmental territorial scope, issued by the Directors or Departmental Directors, when they are objected to according to a regulation.

Exercise the purpose and functions of the Service.

Provide legal assistance and technical criminal defense, personal or jointly, in cases of relevance or in which it considers relevant.

Imparting orders and instructions of administrative, academic, technical and coordination content to the staff of the Service, the general character and the specific cases, in terms and scope

set forth in this Act.

Ratify, modify or revoke its imparted instructions, when they are objected to in accordance with regulation.

Designate one, one or more Defenders to

Monitor the activities of the Human Rights Defenders, the Defenders and the staff of their dependency.

Coordinate with the operating institutions of the justice system for the compliance with the purpose and functions of the Service.

Visit and collect information from users and users, judicial authorities or the Public Ministry, on the provision of the Service when deemed necessary.

Promote the training, training and permanent updating of the staff in your office.

Other attributions established by Law.

Article 30. (TRANSPARENCY OF INFORMATION).

I. In the framework of the national transparency policy, the Public Defense Plurinational Service must perform the

public accountability according to the current regulations.

II. The Service must inform and make the society more transparent about its actions.

SECTION II

MONITORING AND CONTROL ADDRESS

Article 31. (DIRECTOR OR DIRECTOR OF SUPERVISION AND CONTROL). The Director or Director of

Supervision and Control depends on the Director or National Director of the Plurinational Public Defense Service.

Article 32. (DESIGNATION AND TERM OF OFFICE).

I. The Director or Director of Supervision and Control, shall be designated or designated by the Director or National Director of the

Service, upon qualification of merit and professional capacity.

II. functions for two (2) years, with the possibility of a new designation for one time. The designated or designated

, completed its period, can be returned to the Service.

III. The function period of the Director or the Director of Monitoring and Control will be interrupted by the causes

set in the This Law, with the Director or the National Director having to appoint a new holder.

Article 33. (REQUIREMENTS). To qualify as Director or Director of Supervision and Control, it is required

to have performed with honesty and ethics the practice of law in the public or private function for five (5) years accredited, and training in criminal matters.

Article 34. (ATTRIBUTIONS). The Director or Director of Supervision and Control of the Plurinational Service of

Public Defense, has the following attributions:

Fulfilling and enforcing the Constitution of the State, Treaties and International conventions and laws.

Fulfilling and enforcing the instructions of the National Directorate.

periodically visit prisons, police and judicial cells.

Coassist with the Director or National Director in meeting the objectives and purposes of the Service.

Promote the application of the disciplinary regime to the members of the operational structure.

Coordinate the creation of means of information and communication with users and users of the Service, in order to investigate the degree of compliance with the functions of the Human Rights Defenders and other public servants

Apply efficiency assessment and control procedures to the Service operational personnel.

Detect operational management issues and promote solution alternatives.

Suggest, in front of the National Directorate, the displacement and replacement of Defenders, Defenders and support staff for certain acts.

Coordinate with departmental addresses the fulfillment of the service's goals and objectives.

Monitor and control that the operational staff keeps the the registration of procedural actions in the Causes Tracking System, under regulation.

Impose disciplinary sanctions on operating and administrative personnel according to regulation.

Instructional and circular of general and specific nature, in terms and scope established in this Law, in accordance with regulations.

Ratify, modify, or revoke its imparted instructions, when these are contrary to this Law and objected to in accordance with regulation.

Monitor the activities of your dependency staff.

Promote training, training, and permanent updating of personnel in your office.

Other attributions established under regulation.

SECTION III

DEPARTMENTAL DIRECTORS AND DIRECTORS

Article 35. (DIRECTORS AND DEPARTMENTAL DIRECTORS).

I. The Directors and Department Directors of the Service are the highest representation of the Service

Public Defense Plurinational, in the Department where they perform their duties.

II. Exercise the functions and attributions that the Law grants for themselves or through the Defenders and the

Defenders in charge.

Article 36. (REQUIREMENTS, DESIGNATION AND TERM OF OFFICE).

I. To be eligible for the position of Director or Departmental Director, in addition to the general requirements, there is a need to have

performed with honesty and ethics the practice of law in the public or private function for four (4) years accredited, and training in criminal matters.

II. The Directors and Departmental Directors will be appointed by the Director or National Director, prior to

qualification of professional capacity and merit.

III. They will be evaluated periodically, they will perform their functions for two (2) years, with the possibility of a new designation for once. The designated or designated, fulfilled your period, can be returned to the Service.

Article 37. (ATTRIBUTIONS). The Directors or Departmental Directors, within the territorial scope

of their functions, have the following attributions:

Represent the Service at the departmental scope to which they belong.

Visit the prison, police, and judicial cells weekly.

Establish the role of the Defenders and Advocates in their Department.

Assign the legal causes Defenders and Advocates for their consequent legal sponsorship in the technical defense, through the cause tracking system.

Dispose the displacement and replacement of Defenders, Advocates and support staff for specific acts.

Fulfilling and enforcing the National Address instructions.

Grant licenses to your dependency personnel under the Rules of Procedure.

Coordinate work with departmental and other institutions, in addition to the personnel of your dependency.

Report on the development of your activities to the National Directorate on a quarterly basis.

To ensure that the Human Rights Defenders keep up to date the registration of procedural actions in the monitoring system causes, according to a regulation.

To assist the Director or the National Director in the fulfillment of the purpose and functions of the Service.

Impose sanctions against the Defenders, the Advocates, the Serversor servers under their dependency, according to regulation.

Exercise the purpose and functions of the Service.

Provide legal assistance and technical criminal defense in cases of relevance or in which you consider relevant.

Imparting orders and instructions to the Defenders, the Defenders, servers and dependent servers, both general and related to specific issues, in terms and scope set by regulation.

Ratify, modify or revoke its instructions given, when they are objected to according to a regulation.

Designate one, one or more Defenders or Advocates to act on a particular subject or multiple of them, replace or replace them, and form teams that work together.

Monitor the activities of the Human Rights Defenders, the Defenders and staff of their dependency.

Coordinate with the operating institutions of the justice system to fulfill the purpose and functions of the Service.

Other attributions set by regulation.

SECTION IV

DEFENDERS AND PUBLIC DEFENDERS

Article 38. (DEFENDERS AND PUBLIC DEFENDERS). The Defenders and Public Advocates

will exercise legal assistance and technical criminal defense with all the powers granted to them by the Law, ensuring their intervention in the different stages of the criminal process.

Article 39. (REQUIREMENTS). To qualify for the position of Advocate or Public Defender, in addition to the requirements

general, it is necessary to have performed with honesty and ethics the practice of law in the public or private function, for three (3) or more years accredited, and training in criminal matters, upon public notice.

Article 40. The Defenders and Public Defenders have the following attributions:

Exercise technical defense, taking full advice on cases that are formally assigned to you.

Monitor the work of the Defender or the Auxiliary Defender.

Other attributions established by Law.

Article 41. (OBLIGATIONS). These are obligations of Defenders and Public Defenders:

Report to the immediate superior, periodically and each time you are instructed, on the matters in your office.

Visit and contact weekly users and private users of freedom in the establishments penitentiary, police, and court cells, according to regulation.

Fulfilling the top instructions.

Processing by itself or through the Director or the National Director or Departmental, the information requested from public entities.

Register continuously their actions for the follow-up of causes, as well as to provide the statistical information requested, in terms of veracity and opportunity, according to regulation.

Communicate to the Office of the Ombudsman and Adolescence when I became aware of the legal status of a child, child, or adolescent involved in a given act as a crime.

Elaborate a record of the cases of torture or other reported inhuman treatment or known confidentially under professional secrecy.

be permanently updated for the performance of their duties, according to regulation.

Compliance and control of the time limits laid down in the criminal law, under responsibility.

Reporting operators and justice operators to hinder their activities.

SECTION V

OPERATING SUPPORT STAFF

Article 42. (ADVOCATE OR AUXILIARY ADVOCATE).

Support Defenders and Advocates

will provide their services by assisting in the roles of the Human Rights Defenders and Public Defenders in accordance with regulation.

Article 43. (PSYCHO-SOCIAL SUPPORT STAFF). The Service will have psycho-

social support staff, composed of professionals from the area, in charge of the assistance and preparation of the respective reports, in accordance with regulations.

SECTION VI

TRAINING, TRAINING AND UPGRADING

Article 44. (training). Training, training and updating of the Service will represent a set of

building and knowledge articulation processes aimed at improving the quality of the Service.

Article 45. (TRAINING, TRAINING AND UPDATING PROCESSES). The processes of training, training and updating of the Service personnel will be in charge of the National Directorate in coordination with departmental Directorates.

TITLE III

DEFENDER CHANGE, LOSS OF

SERVICE AND EXCUSES

ONLY CHAPTER

CHANGE OF DEFENDER OR DEFENDER AND SERVICE WITHDRAWAL

Article 46. (CHANGE OF DEFENDER OR DEFENDER).

I. The user or user of the Service may request the change of Defender or Defender assigned to her, when any of the following causes are present:

Having kinship to the fourth grade

That has accretion, debt, or guarantor of one of the parties to the process.

That has been a sponsor, proxy, proxy, witness, expert, tutor, or guardian in the subject you must know.

is incompatible with another user or other user to which you are sponsoring.

That the defender fails to comply with the functions set out in this Law or its regulations.

Character disagreements, between the user or the user with the Ombudsman or the Ombudsman, who puts at risk the correct exercise of the technical defence. It can be invoked only once in the course of the process.

On checked charges.

II. The Defender or the Defender may be excused from exercising the defence in a specific case, when any of the

causals provided in the preceding paragraph. The Defender or the Defender may only invoke the causal link set forth in Paragraph e) of the preceding paragraph, at most two (2) times over the course of a year.

Article 47. (LOSS OF SERVICE).

The user or user will lose the service when:

Not in the cases of gratuitousness or having provided false information to access the Service.

Designate lawyer or private lawyer for your defense.

expressly and voluntarily renounce the Service, upon appointment of a lawyer or special counsel to your defense.

d) Maltreat verbally or physically the Defender or the Defender, the same as checked.

II. As soon as the person loses their user or user condition Service, written communication will be given to the competent judicial authority

and the person charged or criminally prosecuted, in order to be able to assign an ombudsman to him.

TITLE IV

REGIME ADMINISTRATIVE AND ECONOMIC

CHAPTER I

ADMINISTRATIVE REGIME

Article 48. (ADMINISTRATION). The administration of the Plurinational Public Defense Service is subject to

Government Administration and Control Systems, related rules and their regulatory provisions.

Article 49. (HUMAN RESOURCES). The Service's public servants and servers are subject to

the Staff Regulations and the Basic Standards of the Personnel Management System.

Article 50. (VOLUNTEERS AND VOLUNTEERS). The Director or National Director may enter into agreements with public or private universities, so that students of higher courses may develop voluntary activities that they contribute to the tasks of the Service, as part of their academic practice.

CHAPTER II

ECONOMIC SYSTEM

Article 51. (FINANCIAL RESOURCES).

I. The Multi-National Service of Public Defense will finance its operations within its budget, with resources

economic assigned by the Treasury General of the State and specific income. The resources will be executed under the guidance of Government Administration and Control Systems.

II. Without prejudice to the above paragraph, the Service may manage cooperation resources or

external financing that will enable it to better meet the objectives and objectives set out in this Law.

Article 52. (HERITAGE). Conform the assets of the Service all its assets, tangible assets and

intangibles, shares and rights.

TITLE V

DISCIPLINARY REGIME

ONLY CHAPTER

RESPONSIBILITY AND DISCIPLINARY REGIME

Article 53. (PURPOSE OF THE DISCIPLINARY REGIME). The disciplinary regime is intended

to ensure the proper provision of the Service, as well as the suitability of the servants and public servants.

Article 54. (LIABILITY). The staff of the Plurinational Public Defense Service assumes full

responsibility for their actions or omissions, and must be accountable to the appropriate authority or body for the manner of their performance and the results obtained from the same, in accordance with regulation and administrative legal order. It must also govern its conduct in accordance with the principles governing the exercise of its functions.

Article 55. (DISCIPLINARY AND REGULATORY REGIME). The definitions of faults, sanctions

disciplinary, responsibility and causal of removal and suspension shall be subject to the corresponding regulatory rule and legal order administrative.

PROVISIONS

FIRST. The implementation of the provisions of Article 15, Numeric 1, and Article 43 of this Law will be

progressively applied.

SECOND. The Ministry of Economy and Public Finance will allocate the necessary resources for the

implementation of this Law.

THIRD. The Ministry of Economy and Public Finance, according to budget availability, will allocate the

resources for the progressive implementation of the Service in the provinces.

TRANSIENT Provisions

FIRST. The Ministry of Justice, within one hundred and twenty (120) days of published this Law,

will draft the corresponding regulations for its application.

SECOND. The National Public Defense Service-SENADEP, within one hundred and eighty (180) days,

will perform the physical inventory and asset recovery, closing balance sheets and other administrative procedures for the cessation of its operations. activities and dissolution of your social reason, and subsequent transfer of your assets tangible and intangible physical, in favor of the Plurinational Public Defense Service.

THIRD. Title III of Law No 2496 of 4 August 2003 until the approval of the regulatory regulations in the period of one hundred is in force. Twenty (120) days from the publication of this Law.

ABROGATORY AND REPEAL PROVISION

FIRST. Law No 2496 of 4 August 2003 is hereby repealed.

SECOND. All legal norms contrary to this Law are opened and repealed.

Remitase to the Executive Body for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at eleven days of the month. December

year two thousand thirteen.

Fdo. Lilly Gabriela Montano Viana, Betty Asunta Tejada Soruco, Andres Agustín Villca Daza, Claudia Jimena Torres Chavez, Marcelo Elio Chavez, Angel David Cortes Villegas.

Therefore, it has been enacted to comply with the law of the State. Plurinational of Bolivia.

Palace of Government of the city of La Paz, at the nineteenth day of December of the year two thousand thirteen.

FDO. ÁLVARO GARCÍA LINERA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Cecilia Luisa

aylon Quinteros, Ana Teresa Morales Olivera MINISTER OF PRODUCTIVE DEVELOPMENT AND PLURAL AND ACTING ECONOMY OF FOREIGN RELATIONS Amanda Davila Torres.