Pluri-National Service Act Victim Assistance

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

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/149735

Law No. 464 law of 19 of December of 2013 ALVARO GARCIA LINERA President in exercise of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: law of service multinational's assistance to the victim chapter I provisions general article 1. (OBJECT). This law aims to create multinational assistance to the victim, regular service, its structure, organization and powers.
Article 2. (LEGAL NATURE). The multinational service of assistance to the victim is a public institution decentralized, under the tutelage of the Ministry of Justice, responsible for providing legal assistance in penal, psychological and social area the victim of scant resources.
Article 3. (PURPOSE). Pluri-national victim assistance service aims to ensure access to justice to the poor person who is the victim of a crime, providing the legal patronage, social and psychological assistance during the initial acts and the criminal proceedings until the execution of the sentence, promoting the repair of the damage and mainly avoiding the revictimization.
Article 4. (SCOPE OF THE DEFINITION OF VICTIM). Refers to victim, for the purposes of this law: the natural persons directly offended by the Commission of a crime.
The spouse or cohabitant, relatives within the fourth degree of consanguinity or second of affinity, daughter or son, mother or adoptive father and heir, in the crimes whose result is the death of the victim.
Family members or dependants who have immediate relationship with the victim, for crimes of serious physical or psychological affectation.
Article 5. (EXERCISE).
I. the plurinational victim assistance service shall exercise its functions through the Director or the Chief Executive Officer, coordinators or the departmental coordinators and staff in the form determined by this law.
II. the service shall exercise its functions continuously during the twenty-four (24) hours a day, including Sundays and holidays, subject to regulation.
III. the Executive Directorate will be held the city of La Paz. Departmental coordination will have headquarters in the capitals of Department and representation in provincial judicial seats with greater procedural burden.
Article 6. (PRINCIPLES). Multinational service of assistance to the victim in the exercise of their functions and powers, is governed by the following principles: 1. fitness. Capacity and experience are the basis for the exercise of the criminal public support. Their performance is governed by the eticos-morales principles of the plural society and the values underpinning the plurinational State.
2. quickly. Service shall exercise its functions in a prompt, timely manner and without delay, meeting deadlines determined by law, responsibility.
3. Unit. The service is unique and indivisible throughout the territory of the plurinational State and exercises its functions through staff that represents it entirely, on assistance to the victim.

4. autonomy. Multinational service the victim have economic autonomy and management, subject to regulations.
5. independence. The service is functional, technical, and professional independence.
6. repair. The repair of the damage originated, avoiding the revictimization will be promoted as a priority.
7. liability. The service personnel will be responsible for their acts in the exercise of their functions, in accordance with the political Constitution of the State and laws.
8. complementarity. It involves the concurrence of efforts and initiatives of all constitutionally recognized jurisdictions.
9. free. Access to the service is free of charge.
10. interculturality. The service recognizes the expression and coexistence of the diversity of cultural, institutional, regulatory and Linguistics, the exercise of individual and collective rights in the pursuit of living well.
11 warmth. Provide the service with warmth, friendliness and good predisposition, in order to contribute better to the proposed objectives.
12. confidentiality. The service will maintain the confidentiality of the information of the victim, third party.
13. timely access. Service shall exercise its functions in prompt, timely manner and without delay, providing advocacy, legal sponsorship and social and psychological assistance from the moment in which they are required.
14. differential attention. The victims women, girls, children, adolescents and older adults will receive the attention it needs and specific circumstances require criteria distinct for the full exercise of their rights.
Chapter II common rules for the exercise of the multinational service victim assistance article 7. (PROVISION OF SERVICES).
I. the legal assistance in penal, psychological and social area for victims of scarce resources, is free.
II. If the service showed that these services have been granted to people that provided information false on its situation partner-economic, may proceed to the claim formal of them resources erogados until its return, according to the tariffs established by the Ministry of Justice.
III. for the compliance of its purposes and objectives, the service will be exempt of the payment of values judicial, administrative, police, tax and others rights tariff, by the proceedings and performances made in the exercise of their functions.
IV. the requests and requirements made by the service to institutions public or private, is capturing with promptness and of form free.
Article 8. (DUTY OF CONFIDENTIALITY). In compliance of their purposes, the service remain in confidentiality the information that unpacking on the made criminal, both of the victim, of third, of institutions public or private, as well as of the sponsorship legal and of the assistance psychological and social respective; unless is requested prior order Court and only for the interest public.
Article 9. (ATTENTION TO THE VICTIM). Interdisciplinary teams of service work according to principles of recognition and respect for the cultural gender and generational diversity, for which assist victims in their native language, or any mechanism of communication accessible to people in situation of disability, with specialized care for the specific needs of women, girls, boys, adolescents and older adults, avoiding their re-victimization.
Article 10. (LEGAL PLURALISM AND MULTICULTURALISM).
I. the service will ensure the respect to the coexistence of indigenous jurisdiction originally peasant, in equal hierarchy than ordinary, in the framework of the political Constitution of the State and justice rules existing.

II. service in the performance of their duties, shall respect multiculturalism, institutionalization and with rules of the plurinational State of Bolivia.

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

I. the service staff will ensure the fulfillment of the political Constitution of the State, the conventions and international treaties, laws and regulations related to the protection and defence of human rights, responsibility.
II. staff you are required to provide an equal, worthy and humane treatment to the victim and their family members in the provision of the service, as well as to ensure respect for judicial guarantees of the victim.
Article 12. (CONVENTIONAL REPRESENTATION).
I. the complaint, grievance or private prosecution may be initiated and continued by President with special power that meets the legal requirements in the event of temporary disability of the victim.
II. the victim may order that its rights and powers to be exercised by a State entity, association or foundation of protection or support to victims. In this case you won't need special power and just the delegation of rights and powers to be recorded in a writing signed by the victim and the legal representative of the entity.
Chapter III subjects of protection article 13. (REQUIREMENTS FOR ACCESS TO THE SERVICE). To access the service, you must meet the following conditions: be in victim's situation, in accordance with the provisions of the present law.
Not having to sponsoring particular.

That the victim does not have the economic resources to channel the criminal process through particular sponsor.
Article 14. (RIGHTS OF THE VICTIM). The victim shall have the right, without discrimination of any kind, at any stage of the process to: 1. be informed timely rights which establishes the policy of the State Constitution, treaties and international conventions on human rights, laws and this standard in its favour, as well as the development of the criminal proceedings and of performances within the same legal effects.
2. receive legal advice by the service, and where appropriate be assisted by interpreters or translators.
3 that prosecutors provide services that have constitutionally entrusted with legality, honesty, loyalty, impartiality, professionalism, efficiency, effectiveness and the highest diligence.

Be heard by the Prosecutor or the judge's assurances, before deciding the suspension or termination of the procedure.

Receive a respectful treatment in shelter to their human dignity.
6 that will make sure justice prompt, free and impartial way within the processing of criminal proceedings.
7. count with all the facilities to identify to the likely responsible.

8 be served timely, immediate way and priority by the coroner and the system of health services.

9. to request measures of protection judicial and extrajudicial to protect his life, dignity, identity and physical and psychological integrity, property, possessions or rights, including those of immediate family members and witnesses in his favor, against all pressure, intimidation and retaliation Act, or when there are insufficient data demonstrating that they could be affected by probable perpetrators of crime or by third parties involved , in accordance with current regulations.
10. promote measures to facilitate or properly secure the reparation of the damage suffered as a result of the crime.
11 demand compensation for the damages suffered.
12 be notified of all proceedings and resolutions within the criminal proceedings.
13 request change of sponsoring Attorney, when this fails to comply with the functions set out in this law.
14. other rights that are recognized by law.
Article 15. (OBLIGATIONS OF THE VICTIM). They are obligations of the victim, the following: maintain absolute confidentiality with respect to their situation of protection and security measures that are granted.

Not disclose or use information relating to the case to gain advantage for their benefit or to third parties.

Undergo the tests or respective treatments, when appropriate.

Where necessary, authorize the practice of psychological tests to the girls, boys and adolescents, and unable that are under its representation or guardian, provided that they are not harmful for them.

Do not go to places that involve risk to the protected person.

Refrain from frequent or contact people who can put at risk your own safety or your family.

Provide to the authorities the information that it is required on the made investigated.

Respect to the authorities and other staff responsible for ensuring their protection.

Participate actively in the process legal started to their favor.

Cover costs and costs when there is sentence an acquittal as a result of the misrepresentation in the information provided by the victim.
Article 16. (CESSATION OF THE SERVICE). The service will cease when: is misrepresentation in the information provided by the victim, without prejudice to the responsibilities which it had incurred.

The victim desist from the action of conformity to it established in the normative criminal.
The victim may have particular sponsor or hire private professional services.

Fails to comply with its obligations under the regulations.
Chapter IV coordination and cooperation article 17. (COORDINATION AND COOPERATION WITH THE ORIGINAL PEASANT INDIGENOUS JURISDICTION). Multinational service of assistance to the victim must defend the authority originally indigenous peasant, compliance with the mechanisms of coordination and cooperation laid down in the political Constitution of the State and legislation.
Article 18. (DUTY OF COOPERATION).

I within the framework of its powers, the servants and public servants of State entities, have the obligation to provide free of charge the cooperation required by the service, as well as proper collaboration for the better fulfilment of its purposes.
II. service not be may be conditional upon the payment of taxes, duties or any other type of value.
Chapter V the pluri-national service organization assisting the victim section I structure article 19. (ORGANIZATION).
I. the service will be organized in the following manner: Directorate General.

Departmental coordination.

Operating staff.
II. the departmental coordination will be integrated by trained specialized assistance legal, psychological and social work units, specialized in gender and interculturality, according to regulation.
Article 20. (REQUIREMENTS FOR ACCESS TO THE POSITION OF DIRECTOR OR CHIEF EXECUTIVE OFFICER). To gain access to the position of Director or Chief Executive Officer, in addition to the requirements laid down in the article 234 of the political Constitution of the State, is required: have professional title of lawyer or Attorney and the corresponding registry.

Accredit five (5) years of experience in the practice of the profession, training on criminal matters and human rights.

Having knowledge about gender equality and protection to victims.
Article 21. (DESIGNATION, POSSESSION AND PERIOD OF FUNCTIONS OF THE EXECUTIVE DIRECTOR OR DIRECTOR GENERAL).
I. the Director or the Chief Executive Officer shall be appointed or designated by the Minister or the Minister of justice by means of Ministerial resolution, previous qualification of professional skills and merits.
II. shall exercise their functions by five (5) years, and may be again appointed by a single time in form consecutive.
The appointed or nominated, completed its period, may be returned to service.
III. the period of functions of the Director or the Chief Executive Officer, will be interrupted by the grounds laid down in this law, and must the Minister or the Minister of Justice appoints a new headline.
IV. the Director or the Chief Executive Officer, will be possessed or taken possession by the Minister or the Minister of Justice, prior compliance with the requirements of this Act.
Article 22. (FUNCTIONS OF THE DIRECTOR OR THE CHIEF EXECUTIVE OFFICER). The functions of the Director or the Chief Executive Officer, the following are: direct, organize and manage the service.

Promote and run political with approach of gender, generational e interculturalism, to facilitate the access to the Justice of them sectors more likely to be victims of crimes in the society and in the family.

Assume the official representation of the service at all of our events that take part.

Prepare periodic reports of the activities of the service directed to the Minister or the Minister of Justice.

Ask semi-annual reports on the cases of the departmental coordination and whenever it deems convenient.

Develop the annual operating Plan and budget of the service.

Give instructions to be met by staff, to carry out concrete actions for the benefit of the victim.

Appoint the disciplinary authorities of the service, in accordance with law.

Inspect every six months and when it deems appropriate, the offices of the institution.

Manage international agreements designed to enhance the victim access to justice.

Promote agreements with public and private institutions aimed at the strengthening of the service.

Systematize and centralize the information and statistical records of crimes against benefit.

Measurements of prevention and dissemination about the problems of victims in criminal proceedings.

Appoint, remove and dismiss the departmental coordinators and administrative staff from the central level, in accordance with current regulations.
SECTION II coordinating departmental article 23. (REQUIREMENTS FOR ACCESS TO THE POSITION OF COORDINATOR OR DEPARTMENTAL COORDINATOR). To access the post of coordinator or departmental Coordinator in addition to the requirements laid down in the article 234 of the political Constitution of the State is required: 1. having professional title of lawyer or Attorney and the corresponding registry.
2 demonstrate experience of five (5) years in the profession, training on criminal matters and human rights.
3 have knowledge of gender equality and protection to the victim.
Article 24. (DESIGNATION, POSSESSION AND PERIOD OF FUNCTIONS OF THE COORDINATOR OR DEPARTMENTAL COORDINATOR).
I coordinators or the departmental coordinators will be appointed by the Director or the Chief Executive Officer, previous qualification of professional skills and merits.
II. will be evaluated periodically and perform their duties for two (2) years, with the possibility of reappointment for one consecutive time. The designated or designee, completed its period, may be returned to service.
III. the coordinators or departmental coordinators will be posesionadas or possessed by the Director or the Chief Executive Officer, prior compliance with the requirements of law.
Article 25. (FUNCTIONS OF THE COORDINATOR OR DEPARTMENTAL COORDINATOR). The functions of the Coordinator or departmental Coordinator, the following are: direct, organize and administer the departmental service.

Assume the official representation of the service, all acts that take part at the departmental level.

Quarterly reporting of the service activities aimed at the General Directorate, collecting and systematizing information disaggregated by gender, age, type of offence and the victimatendida situation.

Change to the personnel appointed for the defense of the victim only once, when disagreements with the same occur.

Enforce compliance with administrative sanctions, when the servants and the servers incur administrative failures.

Developing processes, training and awareness to the staff of the service, which ensure the interdisciplinary intervention appropriate for populations of women, girls, children, adolescents and older adults.

Establish the role of shifts, substitutions, displacement and replacement of staff in his Department.

Others established by regulation.
SECTION III service personnel article 26. (FORMATION OF THE STAFF). The departmental offices of the service will be

formed by permanent multidisciplinary teams of professional lawyers, lawyers, psychologists, psychologists, workers and social workers or others according to requirement.
Article 27. (GENERAL REQUIREMENTS). To be part of the multidisciplinary team, in addition to the requirements laid down in the article 234 of the political Constitution of the State, is required: have professional degree and relevant registration, where applicable.

Demonstrate experience of two (2) or more years in professional practice.

Having expertise in gender equality and protection to the victim.
Article 28. (ATTORNEY OR LAWYER SPONSORING). Attorney or lawyer sponsoring, will be appointed or designated by the Director or the Director General Executive service, prior compliance with the requirements laid down in article 27 of this law and accredited training in criminal matters and human rights.
Article 29. (FUNCTIONS OF THE SPONSOR). The lawyer or the lawyer sponsoring, has the following functions: provide to the victim orientation legal and information timely during the development of the process criminal.

Exercise technical defense without representation, with all procedural powers referred to in the law.

Manage the establishment of conditions special of try differential for the reception of the testimony of the victim of crime against the integrity sexual or when this is less of age.

Perform appropriate actions of intervention to exhaust criminal proceedings and to avoid the re-victimization.

Request proceedings for judicial and extrajudicial protection measures.

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

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

Joint actions with the or the professionals who make up service, in pursuit of the best defence and comprehensive assistance to the victim.

Others 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 Director General Executive of the service.
Article 31. (FUNCTIONS OF THE WORKER OR SOCIAL WORKER). They are the worker or Social worker, the following functions: investigate and evaluate the socio-economic reality of the victim who has requested the service, and prepare the report for the Coordinator or departmental Coordinator.

Collaborate with the work of the lawyer or the lawyer sponsor, to obtain elements of conviction, consisting of witnesses and documentary, tested by social research, contemplating the prospects for gender, generational and intercultural.

Make regular visits to the home of the victim, in order to obtain information on socio - economic aspects of the same.

Develop social reports requested by the Coordinator or the departmental co-ordinator or by the lawyer or the sponsoring Attorney.

Meet all other activities assigned by the Director or the Chief Executive Officer and the Coordinator or the departmental co-ordinator, related to the exercise of their functions.

Joint actions with the or the professionals who make up service, in pursuit of the best defence and comprehensive assistance to the victim.

Promote and manage on behalf of the victim, other services with public and private institutions, when they require it.

Others established by regulation.
Article 32. (FUNCTIONS OF THE PSYCHOLOGIST OR PSYCHOLOGIST). The psychologist or psychologist, the following functions are: to ensure a relationship of trust with the victim, to get sufficient information.

Investigate and assess the risk to make decisions that primarily support the participation of the victim in the criminal process.

Propose in coordination with the lawyer or the sponsoring Attorney appointed, the credibility of the story as a means of proof.

Make individual or group interviews with the victim's family.

Give the victim treatment of containment in crisis, as well as to their family environment, applying techniques that allow to offer guidance and therapy to resolve psychological problems caused by the crime, when it is necessary.

Cooperate in the selection and application of methods, technical and procedures appropriate to avoid the victimized, obtaining of the victim it information that contributes in the process of research and in the process judicial.

Next to the victim, participate in court proceedings and in all the scenarios that are possible to avoid their revictimization.

Develop psychological reports that are requested by the Coordinator or the departmental co-ordinator, and which are necessary to meet the specific needs of the victim.

Meet all activities assigned by the Director or the Chief Executive Officer and the Coordinator or the departmental co-ordinator, related to the exercise of their functions.

Joint actions with the or the professionals who make up service, in pursuit of the best defence and comprehensive assistance to the victim.

Others established by regulation.
SECTION IV functions of the service article 33. (PRIORITY OF THE INTEGRAL ASSISTANCE).
I. the service will be provided primarily in favour of who has suffered serious damage physical, psychological and/or sexual.
II. the service shall prepare reports psychosocial corresponding.
Article 34. (GENERAL DATE). The service, from the time of the knowledge of the complaint, shall comply with the following activities: provide free information, legal advice, containment and psychological therapy and social welfare services to the victim, to ensure comprehensive attention to the damage suffered.

Provide services for the recovery of the victim, service, social and family reintegration.

Facilitate the exercise of the rights of the victim, facilitating participation in the criminal process, avoiding the revictimization.

Help the victim to the emotional consequences that has generated it the crime.

Seek cooperation of public institutions to provide personal security for the victim.

Technically sponsor the process according to procedure, within the framework of restorative justice, except in offences against sexual freedom and gender-based violence.
Article 35. (SPECIFIC ACTIVITIES). Without prejudice to the activities indicated above, multinational assistance service the victim will perform the following activities: conduct criminological studies that discovered social sectors with special risk of being victimized.

Make suggestions to the competent bodies, for the purpose of reducing the vulnerable situation of people who may be potential victims of crime.

Develop proposals for strategies that increase levels of efficiency in the work of criminal investigation, prosecutors are in charge of certain crimes.

Develop preliminary draft law aimed to prevent the revictimization during the period of investigation and trial, and submitted to the Minister or the Minister of Justice for consideration.

Promote inter-institutional spaces for comprehensive assistance victimológica.

Tasks of coordination of activities with other offices expressing similar tasks in assistance, care and advocacy to victims of certain crimes, for influencing the destructuring of power relations that are maintained through legal procedures, and standards as well as in institutional practice that members of the society are permanently damaged and victimized.
Article 36. (COORDINATION WITH SPECIALIZED INSTITUTIONS). The service may establish cooperation agreements with universities, professional colleges and institutions, both governmental and civil society, to strengthen the work of comprehensive assistance to the victim. It will also coordinate with other specialized entities for assistance to victims of crime, especially those of violent or sexual connotation.
Article 37. (ASSISTANCE TO VICTIMS OF CRIMES OF SEXUAL VIOLENCE). Service to prioritize assistance to victims of crimes of sexual violence, through the following tasks: Guide to the victim about the importance of the preservation of evidence.

Institutional support for the formalization of complaint.

Establish institutional links with the public State hospitals network services, to provide immediate medical assistance to the victims of crimes of sexual violence, supplying emergency oral contraception and prophylaxis to prevent STDs, of immediate and timely.

Establish institutional links with the public State hospitals network services, to provide specialized psychological assistance to girls, boys, adolescents and older adults, victims of offences against sexual integrity, ensuring its inviolability or sexual safety.

Provide adequate, timely and sensitive interdisciplinary assistance that facilitates access to justice for women victims.
Chapter VI Economic and administrative article 38. (FINANCIAL RESOURCES).
I. the service will finance its operation with resources from the General Treasury of the State.
II. without prejudice, the service will look for sources of cooperation or internal or external financing that will enable it to meet its goals and objectives.

Article 39. (HERITAGE). It will make up the heritage of service, all of your assets, physical and intangible assets, actions and rights.
PROVISIONS TRANSITIONAL FIRST. The Ministry of Justice, within the period of ninety (90) days Computable from the publication of this law, shall draw up the regulation of multinational service of assistance to the victim.
THE SECOND. It service multinational of assistance to the victim will meet its objectives in form progressive, according to them possibilities operational, administrative and budgetary.

SOLE ABROGATION AND REPEAL PROVISION. All legal provisions contrary to this law are repealed and repealed.
Refer to the Executive Body for constitutional purposes.
Two thousand thirteen is given in the room sessions of the Assembly Legislative plurinational, eleven days after the month of December of the year.
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, nineteen days after the month of December of the year two thousand thirteen.
FDO. Alvaro GARCIA LINERA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Cecilia Luisa Ayllon Quinteros, Ana Teresa Morales Olivera Minister of development productive and economy PLURAL E interim of relations foreign, Daniel Santalla Torrez, Roberto Ivan Aguilar Gomez, Amanda Davila Torres.