Pluri-National Service Act Victim Assistance

Original Language Title: LEY DEL SERVICIO PLURINACIONAL DE ASISTENCIA A LA VÍCTIMA

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LAW 464

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,

DECRETA:

VICTIM ASSISTANCE PLURINATIONAL SERVICE LAW

CHAPTER I

PROVISIONS GENERALS

Article 1. (OBJECT). This Law aims to create the Plurinational Service of Assistance to the Victim,

to regulate its structure, organization and its attributions.

Article 2. (LEGAL NATURE). The Plurinational Service of Assistance to the Victim is an institution

decentralized public, under the tuition of the Ministry of Justice, in charge of providing legal assistance in the penal, psychological and social area to the victim of scarce resources.

Article 3. (PURPOSE). The Multi-National Assistance Service to the Victim aims to guarantee the

access to justice to the person of scarce economic resources who is the victim of a crime, providing him with legal sponsorship, social assistance and psychological during the initial acts and the criminal proceedings until the execution of the sentence, promoting the repair of the damage and avoiding fundamentally revictimization.

Article 4. (SCOPE OF THE VICTIM DEFINITION). The term "victim" means the purposes of the

present Law:

The or natural persons directly offended by the commission of a crime.

The spouse or survivor, relatives within the fourth degree of consanguinity or second degree of affinity, daughter or son, adoptive mother or father, and heir, in crimes whose result is the death of the victim.

Relatives or persons in charge who have immediate relationship with the victim, for crimes of serious physical or psychological affectation.

Article 5. (EXERCISE).

I. The Multi-National Service of Assistance to the Victim will perform its functions through the Director or the Director

Executive General, the Coordinators or the Department Coordinators and the staff in the form that determines the present Law.

II. The Service will perform its functions uninterruptedly during the twenty-four (24) hours of the day, including

Sundays and holidays, subject to regulation.

III. The Executive General Directorate will have the headquarters of the city of La Paz. Departmental Coordinations will have

headquarters in Department capitals and representations in provincial judicial seats with greater procedural burden.

Article 6. (PRINCIPLES). The Plurinational Service of Assistance to the Victim in the exercise of its functions and

attributions, is governed by the following principles:

1. Suitability. Capacity and experience are the basis for the exercise of public technical criminal assistance. His

performance is governed by the ethical-moral principles of the plural society and the values underpinning the Plurinational State.

2. Speed. The Service must perform its functions promptly, timely and without delay, complying

the deadlines that determine the Law, under responsibility.

3. Unit. The Service is unique and indivisible throughout the territory of the Plurinational State and exercises its functions to

through the personnel who represent it in its entirety, in terms of assistance to the victim.

4. Autonomy. The Plurinational Service of Assistance to the Victim enjoys economic and management autonomy, subject to current regulations.

5. Independence. The Service enjoys functional, technical and professional independence.

6. Repair. The repair of the damage originated, preventing revictimization.

7. Responsibility. Service personnel shall be responsible for their acts in the exercise of their duties,

in accordance with the Constitution of the State and the laws.

8. Complementarity. Implies the concurrence of efforts and initiatives of all recognized jurisdictions

constitutionally.

9. Gratuitousness. Access to the Service is at no cost.

10. Interculturality. The Service recognizes the expression and coexistence of cultural, institutional,

normative and linguistic diversity, the exercise of individual and collective rights in the search for Living Well.

11. Warmth. Provide the service with cordiality, friendly treatment and good predisposition, in order to contribute to

better the proposed goals.

12. Confidentiality. The Service will maintain the confidentiality of victim information, such as third-party information.

13. Timely Access. The Service will perform its duties promptly, timely and without delay, providing

advocacy, legal sponsorship and social and psychological assistance as soon as they are required.

14. Differentiated Attention. The victims women, girls, children, adolescents and older adults will receive the

attention that their specific needs and circumstances demand, with differentiated criteria for the full exercise of their rights.

CHAPTER II

COMMON RULES FOR THE FINANCIAL YEAR OF THE

VICTIM ASSISTANCE PLURINATIONAL SERVICE

Article 7. (PROVISION OF SERVICE).

I. Legal assistance in the criminal, psychological and social area to victims of scarce resources is free.

II. If the Service proves that these services have been granted to persons who provided false information about the their socio-economic situation, may proceed to the formal complaint of the resources made up until their return, according to the duties established by the Ministry of Justice.

III. For the fulfilment of its aims and objectives, the Service shall be exempt from the payment of judicial, administrative, police, prosecutors and other customs duties, due to the diligence and actions carried out in the exercise of their functions.

IV. Requests and requests made by the Service to public or private institutions will be made available to

promptly and free of charge.

Article 8. (DUTY OF CONFIDENTIALITY). In compliance with its purposes, the Service shall maintain in

confidentiality information that it receives on the criminal act, both from the victim, from third parties, from public or private institutions, as well as from the legal sponsorship and related psychological and social assistance; except that it is sought after court order and only in the public interest.

Article 9. (ATTENTION TO THE VICTIM). The Service's interdisciplinary teams will work by following

principles of recognition and respect for gender and generational cultural diversity, for which they will assist victims in their native language, or any mechanism accessible communication for persons in a disability situation, with specialized care for the specific needs of women, girls, children, adolescents and older adults, avoiding their revictimization.

Article 10. (LEGAL PLURALISM AND INTERCULTURALITY).

I. The Service will ensure respect for the coexistence of indigenous indigenous jurisdiction, in the same hierarchy as

ordinary justice, within the framework of the Constitution of the State and current regulations.

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

Article 11. (EXERCISE OF GUARANTEES AND DECENT TREATMENT).

I. Staff of the Service shall ensure compliance with the Constitution of the State, International Conventions and Treaties, laws and standards linked to the protection and defence of human rights, under responsibility.

II. Staff are required to provide equal, dignified and humane treatment to the victim and their family members in the

service delivery, as well as to ensure that the victim's jurisdictional guarantees are respected.

Article 12. (CONVENTIONAL REPRESENTATION).

I. The complaint, complaint, or particular allegation, may be initiated and pursued by a special representative who

complies with the legal requirements, in the event of temporary impairment of the victim.

II. victim may have their rights and powers exercised by a state entity, association or foundation of

protection or assistance to victims. In this case the special power will not be necessary and the delegation of rights and powers will be sufficient to consist of a written letter signed by the victim and the legal representative of the entity.

CHAPTER III

SUBJECT OF PROTECTION

Article 13. (REQUIREMENTS FOR SERVICE ACCESS). To access the Service, the following conditions must be

met:

Being in a victim situation, as set out in this Act.

Not counting on

That the victim does not have the necessary economic resources to channel the criminal process through particular sponsor.

Article 14. (VICTIM ' S RIGHTS). The victim will be entitled, without any discrimination, in

any stage of the process to:

1. To be informed in due time of the rights that the Constitution of the State, Treaties and International Conventions on Human Rights, the Laws and the present norm, as well as the development of the criminal and of the criminal process the legal effects of its actions within it.

2. Receive legal advice from the Service, and if necessary be assisted by interpreters or translators.

3. That the Public Ministry provides the services that are constitutionally mandated, with legality,

honesty, loyalty, impartiality, professionalism, efficiency, effectiveness and with utmost diligence.

heard by the prosecutor or the judge, before deciding on the suspension or termination of the procedure.

Receiving a respectful treatment in keeping with your human dignity.

6. That justice be sought promptly, free and impartial within the processing of criminal proceedings.

7. Count on all facilities to identify the likely responsible.

8. Be addressed in a timely, immediate and priority manner by the medical examiner and the system services of

health.

9. Request judicial and extrajudicial protection measures to protect their life, dignity, identity and physical and psychological integrity, property, possessions or rights, including those of direct family members and witnesses in their favor, against all an act of pressure, intimidation and retaliation, or where there is sufficient evidence to show that they may be affected by the likely perpetrators of the offence or by third parties involved, in accordance with current rules.

10. Promote measures to facilitate or properly ensure the repair of the damage suffered as a result of the

crime.

11. Demand compensation for damages suffered.

12. Be notified of all actions and resolutions within criminal proceedings.

13. Request the change of the sponsor's attorney, when it fails to comply with the functions set forth in the present

Law.

14. Other rights that are recognized by Law.

Article 15. (OBLIGATIONS OF THE VICTIM). They are the victim's obligations, the following:

Maintain absolute confidentiality regarding your security situation and security measures that are granted to you.

Do not disclose or use information relating to the victim Case for advantages for your benefit or third parties.

Submit to the respective examinations or treatments, where appropriate.

Authorizing, where necessary, the practice of psychological testing of girls, children and adolescents, and unable to find themselves under their representation or guardian, provided that they are not harmful to them.

Refrain from attending places that involve risk to the protected person.

Refusing to frequent or communicate with people who may be able to

Provide the authorities with the information required on the fact that they are being investigated.

Respect the authorities and other personnel responsible for ensuring their protection.

Actively participate in the legal process initiated in your favor.

Cover costs and costs when there is an absolute statement as a result of the falsehood in the information provided by the victim.

Article 16. (SERVICE CESATION). The Service will cease when:

falsehood is found in the information provided by the victim, without prejudice to the responsibilities in which it would have incurred.

The victim of the the action in accordance with the provisions of the criminal law.

The victim has a particular sponsor or hire the particular professional services.

Incompliance with your obligations set out in the current regulations.

CHAPTER IV

COORDINATION AND COOPERATION

Article 17. (COORDINATION AND COOPERATION WITH INDIGENOUS NATIVE JURISDICTION

CAMPESINA). The Plurinational Service of Assistance to the Victim will have to defend with the Indigenous Indigenous Authority, the fulfillment of the mechanisms of coordination and cooperation established in the Constitution of the State and normative

Article 18. (OBLIGATION OF COLLABORATION).

I. Within the framework of their competencies, the servants and the public servants of the state entities, have the obligation to provide in free the cooperation required by the Service, as well as the due collaboration for the best

II. The Service may not be conditioned upon payment of rates, duties, or any other type of value.

CHAPTER V

ORGANIZATION OF THE MULTI-NATIONAL SERVICE

OF ASSISTANCE TO THE VICTIM

SECTION I

STRUCTURE

Article 19 . (ORGANIZATION).

I. The Service will be organized as follows:

Executive General Address.

Department Coordinations.

Administrative Operating Personnel.

II. Departmental coordinates will be integrated by units specialized in legal, psychological and

social work, specialized in gender and interculturality, according to regulation.

Article 20. (REQUIREMENTS FOR ACCESSING THE DIRECTOR OR DIRECTOR GENERAL CHARGE

EXECUTIVE). To access the position of Director or Executive Director General, in addition to the requirements laid down in Article 234 of the Constitution of the State, it is required:

Contar with Professional Title of Advocate or Advocate and corresponding record.

Credit five (5) years of experience in the exercise of the profession, training in criminal matters and human rights.

To have knowledge on gender equity and victim protection.

Article 21. (DESIGNATION, POSSESSION, AND PERIOD OF FUNCTIONS OF THE DIRECTOR OR

EXECUTIVE DIRECTOR).

I. The Director or the Executive Director General shall be appointed or appointed by the Minister or the Minister of Justice

by Ministerial Resolution, after qualification of professional capacity and merit.

II. He will perform his duties for five (5) years, and may be once again designated in a row.

The designated or designated, fulfilled his term, may be returned to the Service.

III. Director or Executive Director General, will be interrupted by the causes

in this Law, the Minister or the Minister of Justice must designate a new holder.

IV. The Director or the Executive Director General, shall be possesionated or possesionated by the Minister or the Minister of

Justice, subject to compliance with the requirements of this Law.

Article 22. (FUNCTIONS OF THE DIRECTOR OR EXECUTIVE CEO).

functions of the Executive Director or CEO, the following:

Direct, organize, and administer the Service.

Promote and execute policies with gender, generational and interculturality, to facilitate access to justice for the sectors most likely to be victims of crime in society and in the family.

Official representation of the service in all the acts in which you take part.

Develop periodic reports of the activities of the Service addressed to the Minister or Minister of Justice.

Order half-yearly reports on the cases of the departmental Coordinations and each time it deems appropriate.

Develop the Service's Annual Operational Plan and budget.

Imparting instructions to be met by the staff, to perform concrete actions for the benefit of the victim.

Designate the Service disciplinary authorities, under Law.

To inspect semestrally and when deemed relevant, the offices of the institution.

Manage international conventions that aim to improve the victim access to justice.

Promote conventions with public and private institutions to strengthen the Service.

Systematizing and centralizing information and statistical recording of crimes committed against victims.

Making prevention and dissemination measures on the issues of victims in criminal proceedings.

Designate, remove, and remove the departmental Coordinators and administrative staff from the central level, in accordance with current regulations.

SECTION II

DEPARTMENTAL COORDINATION

Article 23. (REQUIREMENTS TO ACCESS THE COORDINATOR OR COORDINATOR POSITION

DEPARTMENTAL). To access the position of Coordinator or Departmental Coordinator in addition to the requirements set forth in Article 234 of the Constitution of the State is required:

1. Count on Professional Title of Advocate or Advocate and corresponding record.

2. Accredit experience of five (5) years in the professional exercise, training in criminal matters and rights

humans.

3. Have knowledge on gender equity and victim protection.

Article 24. (DESIGNATION, POSSESSION, AND PERIOD OF FUNCTIONS OF THE COORDINATOR OR

DEPARTMENTAL COORDINATOR).

I. The Coordinators or Departmental Coordinators will be appointed by the Director or the Director General

Executive, after qualification of professional capacity and merit.

II. They will be evaluated periodically and perform their duties for two (2) years, with the possibility of a new designation

for a single consecutive time. The designated or designated, fulfilled their period, may be returned to the Service.

III. The Coordinators or Departmental Coordinators will be possesionated or possesionated by the Director or the

Executive Director General, prior to compliance with the requirements required by law.

Article 25. (FUNCTIONS OF THE COORDINATOR OR DEPARTMENTAL COORDINATOR). Are

Coordinator or Departmental Coordinator functions, the following:

Direct, organize, and administer the Departmental Service.

Assume the official representation of the Service, in all acts in which you take part.

Develop quarterly reports of the activities of the Service addressed to the Executive General Directorate, collecting and systematizing information disaggregated by gender, age, type of crime and situation of the victim.

Changing the designated personnel for the victim's defense for a single time, when there are disagreements with the victim.

Enforce the penalties according to administrative provisions, when the servers and the servers incur faults

Develop training and awareness-raising processes for Service personnel to ensure appropriate interdisciplinary intervention for populations of women, girls, children, adolescents and older adults.

Set the role of shifts, replacements, displacements, and replacement of the personnel in your department.

Other established by regulation.

SECTION III

SERVICE PERSONAL

Article 26. (PERSONNEL CONFORMATION). The departmental offices of the Service will be

made up of permanent multidisciplinary teams of lawyers, Lawyers, Psychologists, Psychologists, Workers and Social Workers or others according to the requirement.

Article 27. (GENERAL REQUIREMENTS). To be part of the multidisciplinary team, in addition to the

requirements set out in Article 234 of the State Political Constitution, it is required:

Contar with Professional Title and corresponding registration, when

Credit experience of two (2) or more years in the professional exercise.

Contar with knowledge in gender equity and victim protection.

Article 28. (THE ATTORNEY OR SPONSOR). The Advocate or the Sponsor Advocate,

shall be designated or designated by the Director or the Executive Director General of the Service, subject to compliance with the requirements laid down in Article 27 of This Law and accredit training in criminal matters and human rights.

Article 29. (SPONSOR FUNCTIONS). The Attorney or Sponsor Advocate, has the

following functions:

Provide the victim with legal guidance and timely information during the development of the criminal process.

Exercise technical defense without the need for representation, with all the procedural powers set out in the Act.

Manage the establishment of special conditions of differential treatment for the receipt of the victim's testimony of crime against sexual integrity or when the victim is a minor.

Performing appropriate actions intervention to exhaust criminal action and prevent revictimization.

Request procedural actions for the adoption of judicial and extrajudicial protection measures.

Request the repair of the damage suffered by the victim and compensation for the damages.

Meet other activities assigned by the Director or the Executive Director General, and the Coordinator or the Departmental Coordinator, related to the exercise of their functions.

Articulate its actions with the professionals that integrate the Service, in pursuit of the best defense and integral assistance to the victim.

Other established by regulation.

Article 30. (WORKER OR SOCIAL WORKER AND PSYCHOLOGIST OR PSYCHOLOGIST). The Worker

or Social Worker, Psychologist or Psychologist, will be appointed by the Director or the Executive Director General of the Service.

Article 31. (WORKER OR SOCIAL WORKER FUNCTIONS).

Social Worker or Worker

the following:

Indagar and evaluate the socio-economic reality of the victim who has applied for the service, and elaborate the report for the Departmental Coordinator or Coordinator.

To collaborate with the work of the Advocate or the sponsor, to obtain elements of conviction, consisting of evidence and documentary evidence, through social research, contemplating the perspectives of gender, generational and interculturality.

Make periodic visits to the victim's home, in order to obtain information about the partner's economic aspects.

Develop social reports that are requested by the Coordinator or Departmental Coordinator, or by the Advocate or the Advocate sponsor.

Fulfill any other activity assigned by the Executive Director or Director General and the Coordinator or Departmental Coordinator, related to the exercise of their functions.

Articate your actions with the professionals or professionals that integrate the Service, in pursuit of the best defense and integral assistance to the victim.

Promote and manage in favor of the victim, other services with public and private institutions, when These are required.

Other set by regulation.

Article 32. (FUNCTIONS OF PSYCHOLOGIST OR PSYCHOLOGIST). These are the functions of the Psychologist or the Psychologist,

the following:

Seek a relationship of trust with the victim, to obtain sufficient information.

Indagar and assess the risk to make decisions that primarily support the victim's participation in the criminal proceedings.

Propose in coordination with the Advocate or the designated sponsor Advocate, the credibility of the account as a means of testing.

Perform individual or group interviews, to the victim's family.

Grant the victim treatment of containment in crisis, as well as their family environment, applying techniques to provide guidance and therapies to solve psychological problems caused by the crime, where necessary.

Cooperate in the selection and application of appropriate methods, techniques and procedures to prevent revictimization, obtaining from the victim the information that he contributes in the process of

Participate with the victim, in court proceedings, and in all scenarios that are possible to prevent their revictimization.

Develop the psychological reports that are requested by the Coordinator or the Departmental Coordinator, and those who are necessary to address the specific needs of the victim.

Fulfill any activity assigned by the Director or the Executive Director General and the Coordinator or the Departmental Coordinator, related to the exercise of their functions.

Articate your actions with the professionals who integrate the Service, in pursuit of the best defense and integral assistance to the victim.

Other established by regulation.

SECTION IV

SERVICE FUNTIONS

Article 33. (PRIORITY OF INTEGRAL ASSISTANCE).

I. The Service will be provided primarily in favor of those who have suffered serious physical, psychological and/or

sexual damages.

II. The Service will produce corresponding psychosocial reports.

Article 34. (GENERAL ACTIVITIES). The Service, from the time of reporting of the complaint,

will perform the following activities:

Providing free information services, legal advice, containment and therapy psychological and social assistance to the victim, to ensure comprehensive care for the damage suffered.

Provide services for victim recovery, repair, social and family reintegration.

Favour the exercise of the rights of the victim, facilitating participation in the process preventing revictimization.

Helping the victim cope with the emotional consequences generated by the crime.

Requesting cooperation from public institutions to grant personal security for the victim.

Technically sponsoring the process according to procedure, in the framework of restorative justice, except in crimes against sexual freedom and gender-based violence.

Article 35. (SPECIFIC ACTIVITIES). Without prejudice to the above activities, the

Victim Assistance Plurinational Service will perform the following activities:

Perform criminological studies you discover social sectors with a special risk of being victimized.

Making suggestions to the competent bodies, in order to reduce the situation of vulnerability of persons who may be possible victims of the commission of crimes.

Develop proposals for strategies that increase (a) efficiency indices in the criminal investigation tasks that prosecutors have in charge of certain crimes.

Elaborate Preliminary Draft Laws aimed at preventing revictimization during the investigation period and in the

To provide the inter-institutional spaces for comprehensive victimization assistance.

Perform activities of coordination of activities with other offices which express similar tasks in assistance, care and defence to victims of certain crimes, in order to influence the disstructuring of power relations which are maintained through legal norms and procedures, as well as in institutional practices by which the members of society are permanently damaged and victimized.

Article 36. (COORDINATION WITH SPECIALISED ENTITIES). The Service may establish

cooperation agreements with universities, professional colleges and institutions, both governmental and civil society, to strengthen the work of integral assistance to the victim. In addition, it will coordinate with other specialized entities for assistance to victims of crimes, especially those of violent or sexual connotation.

Article 37. (ASSISTANCE TO VICTIMS OF SEXUAL VIOLENCE CRIMES). The Service

will prioritize assisting victims of sexual violence, through the following tasks:

Orienting the victim on the importance of sexual violence.

Institutional support for reporting formalization.

Establishing institutional links with the public network services of state hospitals, to provide medical assistance immediate victims of crimes of sexual violence, supplying emergency oral contraception and prophylactic treatment to prevent sexually transmitted infections, immediately and in a timely manner.

Establish institutional links with public hospital network services state, to provide specialized psychological assistance services to girls, children, adolescents and older adults, victims of crimes against sexual integrity, ensuring their inviolability or sexual security.

appropriate, sensitized and timely interdisciplinary assistance facilitate access to justice for women victims.

CHAPTER VI

ECONOMIC AND ADMINISTRATIVE REGIME

Article 38. (FINANCIAL RESOURCES).

I. The Service will fund its operation with State Treasury resources.

II. Without prejudice to the provisions, the Service may seek sources of cooperation or internal or external financing that

allow

Article 39. (HERITAGE). Conform the Service's assets, all assets, physical assets, and

intangibles, shares, and rights.

TRANSIENT Provisions

FIRST. The Ministry of Justice, within ninety (90) working days from the

publication of this Law, will draft the regulation of the Plurinational Service of Assistance to the Victim.

SECOND. The Multi-National Service of Assistance to the Victim will fulfill its objectives in a progressive way, of

agreement to the operational, administrative and budgetary possibilities.

OPENING AND ABROGATORY PROVISION

ONLY. All legal provisions contrary to this Law are abrogated and repealed.

Remit to the Executive Body for constitutional purposes.

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

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 Cortés Villegas.

Therefore, I enact it so that it is Law of the Plurinational State of Bolivia.

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

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

aylon Quinteros, Ana Teresa Morales Olivera MINISTER OF PRODUCTIVE DEVELOPMENT AND ECONOMICS

PLURAL AND INTERIM FOREIGN RELATIONS, Daniel Santalla Torrez, Roberto Ivan Aguilar Gomez, Amanda Davila Torres.