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law no 263
LAW OF JULY 31, 2012
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT 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:
COMPREHENSIVE LAW AGAINST TRAFFICKING AND HUMAN TRAFFICKING
TITLE I
PROVISIONS GENERALS
ARTICLE 1. (OBJECT). This Law aims to combat the Trafficking and Trafficking of Persons, and crimes
related, to guarantee the fundamental rights of victims through the consolidation of measures and mechanisms of prevention, protection, attention,
ARTICLE 2. (NORMATIVE FRAMEWORK).Law is developed within the framework of the Constitution of the State, the instruments, treaties and international conventions of human rights on Trafficking and Trafficking in Persons, ratified by Bolivia.
ARTICLE 3. (FINES). This Law establishes the following purposes:
Establish measures to prevent trafficking and trafficking in persons, and related crimes.
Implement and consolidate public policies for protection, care and reintegration integral, for victims of trafficking and trafficking crimes, and related crimes.
Strengthen the response of the criminal justice system against trafficking and trafficking crimes, and related crimes.
Promote and facilitate national and international cooperation to achieve the objective set out in the This Act.
ARTICLE 4. (SCOPE AND SCOPE)This Law applies:
To all Bolivians and Bolivians, or foreigners and foreigners who are in the territory of the Plurinational State of Bolivia and to the places under their jurisdiction.
A Bolivians and Bolivians who are in foreign territory as victims of Trafficking and Trafficking in Persons, and related crimes.
ARTICLE 5. (PRINCIPLES AND VALUES). This Law is governed by the following principles and values:
Dignity and Freedom. All human beings are born free and equal in dignity.
Social Priority. Victims of Trafficking and Trafficking in Persons, and Crimes They will have priority comprehensive care and protection in all public and private entities.
Gratuity. The State guarantees victims of Trafficking and Trafficking in Persons, and related crimes, free access to the provision of comprehensive services and the administration of justice.
Child, Child and Adolescent Higher Interest . the duty of the State, society and the family to ensure the priority of the best interests of the child, child and adolescent.
The State guarantees the provision of the comprehensive service to victims of Trafficking and Trafficking in Persons, and related crimes, in a timely, effective and without delay.
Confidentiality. The State guarantees the reservation and protection of the identity, image and information of victims of Trafficking and Trafficking in Persons, and related crimes.
Revictimization. Victims of Trafficking and Trafficking in Persons, and Related Crimes, not will be subjected to repeated procedures that may affect their dignity and their rights.
Nationality Presanointing. When the nationality of the victim of Trafficking and Trafficking in Persons is not established, and related crimes, the Bolivian nationality, as long as not proven otherwise.
9. No Discrimination. The State guarantees the protection of all victims of Trafficking and Trafficking in Persons, and related crimes, and the enjoyment of their fundamental rights without distinction of age, sex, nationality, culture, identity, situation migration, sexual orientation, health status, and any other conditions.
Integration and International Cooperation. The State will seek and strengthen the integration, coordination and international bilateral, multilateral and regional cooperation for the fight against Trafficking and Trafficking in Persons, and
related offenses.
Interculturality and Harmony. The State guarantees the expression and coexistence of cultural, institutional and linguistic diversity, for a harmonious and balanced coexistence of society.
ARTICLE 6. (DEFINITIONS). For the purposes of interpretation and application of this Law,
the following definitions are adopted:
Abuse of a Vulnerability Situation. It is to take advantage of or take advantage of Situations of: addiction to any substance, disease, pregnancy, irregular migratory income or permanence, precariousness in social survival, physical or mental disability, disability, childhood and adolescents, for their submission for the purposes of Trafficking and Trafficking in Persons, and related crimes.
Exploitation. It is the obtaining of economic or other benefits through the forced participation of another person in: acts of prostitution, sexual exploitation and/or employment, worse forms of work children, forms of debt bondage and others, forced labor, sale and illicit extraction of fluids, tissues, cells or other organs of the human being.
Serviousness. It is a state of dependence or submission of the will in which the victimizer induces or forces the victim to perform acts, works or services for various purposes, through deception, threats, coercion or other forms of violence.
Serversume by Deudas. It is all work or service that is required of a person who has no choice or knowledge about the consequences of the loans or salary advances that you receive, generating your subjection and submission.
Costume. It is the action by which one person is subjected or exploited by another, under links associated with traditional and traditional practices of the place, such as the patronage, compadrazgo, any other spiritual bond or relationship of empatronment.
Servile Marriage. It is the labor and/or sexual exploitation of a member of the partner and involves situations of slavery, isolation, control and physical, sexual and reproductive violence.
and Adoption Illegal. It is the procedure for the keeping and adoption of children and adolescents that is carried out without the fulfillment of the legal requirements and regulations stipulated in the national regulations and in the international instruments.
Forced. It is any work or service performed by a person, under threat or coercion, with or without the consent of the person. The granting of wages or other compensation does not necessarily mean that the work is not forced or forced.
Threat. It is the coercion that is exercised towards the victim through violence or physical or psychological restriction, so that This complaint is filed with the competent authorities, for fear of loss of work, non-payment of wages, financial penalty for debts, intimidation of family or others.
Sexual Tourism. It is the use of people to offer them in sexual services related to: tourist, cultural or natural packages, promoted through messages and images of erotic character spread by any means of telecommunication, information technology, and media.
Forced Begging. Consists of forcing a child, child, adolescent or adult, to ask for money or other benefits on the street or any other public or private place, in favor of a third party.
TITLE II
ORGANIZATION AND STRUCTURE INSTITUTIONAL
AGAINST THE TRAFFICKING AND TRAFFICKING OF PERSONS, AND RELATED CRIMES
CHAPTER I
PLURINATIONAL COUNCIL AGAINST TRAFFICKING AND HUMAN TRAFFICKING
ARTICLE 7. (PLURINATIONAL COUNCIL AGAINST TRAFFICKING AND HUMAN TRAFFICKING). The Plurinational Council against Trafficking and Trafficking in Persons, as a maximum instance of coordination and representation, is created to formulate, approve and implement the Plurinational Policy of Combating Trafficking and Trafficking in Persons, and Crimes , without discrimination, with gender equity, generational and interculturality.
ARTICLE 8. (CONFORMATION AND STRUCTURE).
I. The Multi-National Council against Trafficking and Trafficking in Persons will be made up of:
The Executive Body through the following Ministries:
Ministry of Justice.
Ministry of Foreign Affairs.
Ministry of Government, General Directorate of Trafficking and Trafficking in Persons, and Bolivian Police.
Ministry of Labor, Employment and Social Security Social.
Ministry of Education.
Ministry of Communication.
Ministry of Health and Sports.
Ministry of Development Planning.
Ministry of Economy and Public Finance.
Society Defense Institutions:
Representation of the Public Ministry.
Representation of the Ombudsman's Office.
Organized civil society, according to regulations.
II. The Plurinational Council against Trafficking and Trafficking in Persons, will have the following operating structure:
Council Plenary.
Council Presidency.
Technical Secretariat.
ARTICLE 9. (PLENARY SESSION OF THE COUNCIL AND HEADQUARTERS).
I. The Plenary of the Plurinational Council, constitutes the highest instance of coordination, cooperation, cooperation, approval and execution of policies and strategies, formed by the institutions listed in Article 8 of the present Law.
II. The Chair of the Plurinational Council, shall convene annually at least three ordinary sessions of the plenary session and extraordinary sessions.
III. The Ministry of Justice is constituted at the seat of the Council Plurinational. Alternatively, sessions may be convened in a different place.
ARTICLE 10. (ATTRIBUTIONS). The Plurinational Council, has the following powers:
To formulate and approve the Plurinational Policy of Combating Trafficking and Trafficking in Persons, and related crimes, as well as the National Plan to Combat Trafficking and Trafficking in People, and related crimes.
Designing policies and strategies that help the fight against Trafficking and Trafficking in Persons, and related crimes.
Run at the central level, concurrently with the entities (a) the regional and local authorities, policies and strategies for the fight against trafficking and Trafficking in Persons, and related offences, within the framework of their respective competences.
Designing the appropriate mechanisms and tools of coordination between the Executive, Legislative, Judicial and Electoral Bodies, autonomous territorial entities, international cooperation agencies, public institutions involved and civil society, in order to achieve the objective and purpose of this Law.
Manage economic resources for the implementation of the Policy and the Plurinational Plan to Combat Trafficking in Persons, and related offenses.
Track and evaluate to execution of the Plurinational Policy of Combating Trafficking and Trafficking in Persons, and related crimes, through the observatory created for this purpose.
Coordinate actions with international organizations and regional integration in the field of Trafficking and Trafficking in Persons, and related crimes, in the framework of human rights and the fight against corruption.
Coordinate actions with the Department of Human Trafficking and Trafficking Councils.
Monitor, evaluate and recommend actions to government and private institutions that provide Attention, protection and defense to victims of Trafficking and Trafficking in Persons, and related crimes.
Report once a year to the Chamber of Deputies of the Plurinational Legislative Assembly on the implementation of the Plurinational Policy of Fight against Trafficking and Trafficking in Persons, and Related Crimes.
Other functions assigned by the Plurinational Council for the purpose and purpose of this Law, according to the Rules of Procedure.
ARTICLE 11. (PRESIDENCY OF THE COUNCIL).
I. The Minister or Minister of Justice will chair the Plurinational Council against Trafficking and Trafficking in Persons, and for the purposes of the implementation and evaluation of the policy and strategy will coordinate with:
Authorities of the Central and autonomous territorial entities.
Organizations and institutions of civil society working on the topic of Trafficking and Trafficking in Persons.
International cooperation agencies.
II. The Presidency of the Council Plurinational Against Trafficking and Trafficking in Persons will manage the resources of the sources of financing in a special account, pursuant to Regulation.
ARTICLE 12. (TECHNICAL SECRETARIAT OF THE COUNCIL). The Ministry of Justice will exercise the Technical Secretariat of the Plurinational Council, through the appropriate Vice-Ministry, that will fulfill the following functions:
To provide technical, administrative and logistical advice to the Plurinational Council.
Prepare the issues that will be considered in the plenary.
Coordinate with the autonomous territorial entities in the implementation of policies and strategies in the framework of this Law.
Other established according to Regulation.
ARTICLE 13. (SOURCES OF FINANCING). For the purpose and purposes of this Law:
The Executive Body, within the framework of its powers, will progressively guarantee the allocation of resources of the State Treasury through of the budget of responsible public entities.
The Plurinational Human Trafficking and Trafficking Council will be responsible for managing the funding of resources to international agencies and others, in the framework of the Plurinational Strategy and Policy.
resources resulting from the confiscation of goods from Trafficking and Trafficking in Persons, and related crimes, prepared in executed judgment, in accordance with current legal provisions.
The central level, the entities Autonomous territorial and decentralised institutions will allocate in their budget
14. (GENERAL ADDRESS). The General Directorate of the Fight Against Trafficking and Trafficking in Persons, under the Ministry of Government .SECTION I
DEPARTMENTAL COUNCILS AGAINST TRAFFICKING
is created in the structure of the Executive Body.AND PEOPLE TRAFFICKING
ARTICLE 15. (DEPARTMENTAL COUNCILS). In each department a Departmental Council against Trafficking and Trafficking in Persons will be created as a maximum instance of coordination and departmental representation, in order to formulate, approve and implement the Departmental Policy of Combating Trafficking and Human trafficking, and related crimes, without discrimination, with gender equity, generational and interculturality.
ARTICLE 16. (CONTRAINING).
I. The Department's Anti-Trafficking and Human Trafficking Councils will be integrated by:
The Governor or the Governor of the department.
The Mayors or Mayors of Capital Cities, Intermediate Cities and border municipalities of the department, as appropriate. At the Departmental Council of La Paz, the mayor or mayor of the city of El Alto will also participate.
The or the Departmental Commander of the Task Force Against Crime.
The Head or Chief Departmental of Work.
The Director or Departmental Director of Migration.
Director or Director of the Departmental Education Service.
The Director or Director of the Departmental Social Management Service.
The or the Departmental Prosecutor.
The or the Representative Departmental of the Ombudsman's Office.
Representatives of organised civil society, according to regulations.
Other according to the Departmental Council Regulation.
II. The Governor or the Governor of the department chairs the Departmental Council, for the purposes of the
implementation and Evaluation of the Policy and Strategy of Prevention, Attention, Protection and Integral Reintegration.
. The structure and functioning of the Departmental Council will be established by Regulation.
ARTICLE 17. (ATTRIBUTIONS). Departmental Councils have the following powers:
To formulate the Departmental Plan for Combating Trafficking and Trafficking in Persons, in accordance with the Plurinational Policy and the National Plan for the Fight against Trafficking and Trafficking in Persons, and related crimes.
Implement and implement the Departmental Policy of Prevention, Attention, Protection and Integral Reintegration of Victims of Trafficking and Trafficking in Persons, and related crimes, within the framework of their competencies.
Track and evaluate the implementation of Policies and Multi-National Strategies for Combating Trafficking and Trafficking in Persons, and related crimes, in the department.
Coordinate with the Plurinational Council, autonomous territorial entities, and public and private institutions.
approve your Rules of Procedure.
ARTICLE 18. (SOCIAL CONTROL). In the framework of the Constitution of the State, organized civil society will exercise social control to the implementation of policies and strategies, and of the National Plan to Combat Trafficking and Trafficking in Persons, and related crimes, in all levels of the State.
CHAPTER II
PREVENTION MECHANISMS
ARTICLE 19. (PREVENTION).
I. They are prevention mechanisms, policies and strategies in the following areas:
Educational.
Communicational.
Labor.
Citizen security.
II. Autonomous territorial entities will incorporate these areas into their policies and strategies, as prevention mechanisms.
SECTION I
EDUCATIONAL SCOPE
ARTICLE 20. (FORMAL EDUCATION FIELD).
I. The Ministry of Education will design and implement programs, educational campaigns and others for the prevention of Trafficking and Trafficking in Persons, and related crimes, with an interculturality, gender and generational approach throughout the preschool system, primary, secondary, higher, and other levels of academic education.
II. Public and private universities will provide research and information campaigns.
III. The School of Teacher Training, the School of Plurinational Public Management, the Diplomatic Academy, the University Police, Military University and Postgraduate Institutes will incorporate the topic of Trafficking and Trafficking in Persons and related crimes into their curriculum.
IV. The School of Judges and the School of Prosecutors, will necessarily design and execute training courses and information related to the subject, in particular: national and international legislation, identification of the possible victims, the way national and transnational organized crime operates, existing research and judicialization tools, and international mutual judicial assistance. This training must be extended to all operators of the administration of justice.
ARTICLE 21. (NON-FORMAL EDUCATIONAL LEVEL).
I. The autonomous territorial entities, according to their competences, have the obligation to develop mechanisms of information and awareness aimed at the citizenship against Trafficking and Trafficking of Persons, and related crimes, respecting cultural identities, without discrimination.
II. The Plurinational Council against Trafficking and Trafficking in Persons will organize and develop, in coordination with the autonomous territorial entities, departmental councils and the decentralised institutions, training processes, information, awareness raising and awareness raising against trafficking and trafficking in persons, and related crimes, directed at public servants and servants.
III. The Ombudsman's Office in coordination with the Public Ministry, Police Boliviana, Defensorias de la Núñez y Adolescencia, organized civil society and other institutions, will promote, organize and develop information and awareness activities aimed at the citizenry against Trafficking and Trafficking in Persons, and related offenses.
IV. Private institutions that develop activities related to the fight against trafficking and trafficking in persons, and related crimes, will carry out information and awareness activities, respecting cultural identities.
SECTION II
COMMUNICATION AREA
ARTICLE 22. (COMMUNICATIONAL SCOPE).
I. In the framework of the Plurinational Policy of Combating Trafficking and Trafficking in Persons, and related crimes, the Ministry of Communication will design and implement an intercultural communication strategy, throughout the territory
in order to inform, raise awareness and raise awareness of the risks, causes, consequences and modalities of Trafficking and Trafficking in Persons, and related crimes.
II. The autonomous territorial entities also adopt communication policies and strategies in their jurisdictions,
to ensure that information on the subject reaches the entire population.
III. In the framework of social responsibility, service providers telecommunications and information and communication technologies, public and private, must promote and disseminate preventive information against Trafficking and Trafficking in Persons, and related crimes.
ARTICLE 23. (SOCIAL MEDIA).
I. Social media should contribute to the fight against Trafficking and Trafficking in Persons, and related crimes, through:
Prevention campaigns against Trafficking and Trafficking in Persons, and related crimes.
prohibition of the dissemination of messages or content promoting trafficking and trafficking in persons, and related crimes.
The incorporation of mandatory slots for the prevention and dissemination of this Law, informing society about protection and care measures, without discrimination, with gender equity, generational and interculturality.
Free dissemination in informational spaces in those cases of disappearance of people.
II. The media will respect the dignity, the right to privacy and privacy of the victims and the principle
of confidentiality provided for in this Law.
III. For the purpose of preventing the offences outlined in this Law, all notices of sexual offer must be
regulated by caution in the dignity of persons, prohibiting the use of partial or total nude images of women or men, with the use of messages referring to the regional, local or national origin of people, and ensuring that in no case is it children, girls and adolescents.
IV. The Ministry of Communication, will be responsible for verifying compliance with this provision, requiring the
prohibitions and imposing administrative sanctions that correspond to the media, pursuant to Regulation.
SECTION III
WORK FIELD
ARTICLE 24. (PUBLIC EMPLOYMENT SERVICE).
I. The State through the Ministry of Labour, Employment and Social Welfare is responsible for organizing and implementing the Public Employment Service, for the prevention of trafficking and trafficking in persons, and related crimes, and reinsertion.
II.
II. All public service intermediary services at the departmental and municipal level, shall be included in its rules of prevention and protection against trafficking and trafficking in People, and related offenses.
ARTICLE 25. (PRIVATE EMPLOYMENT AGENCIES).
I. The Ministry of Labour, Employment and Social Welfare by means of specific regulations shall determine the conditions for its operation, rights, obligations, inspections, prohibitions and penalties for the prevention of trafficking and trafficking in People, and related offenses.
II. All cases of labor intermediation originating in Bolivian territory, the destination of which is the country's exterior, must necessarily be authorized and registered by the Ministry of Labor, Employment and Social Security.
III.
IV.
IV.
IV.
IV.
IV.
IV. under no circumstances may the workers and the workers be required to pay commissions, retain their identity or travel documents, enter into exclusive agreements, or grant them advance payments in money or in kind. Payment for the services of these agencies will be cancelled exclusively by the employer.
SECTION IV
CITIZEN SECURITY SCOPE
ARTICLE 26. (CITIZEN SECURITY).
I. The object, principles, values and purposes set forth in this Law are part of the policy of citizen security of the Plurinational State of Bolivia.
Ministry of Government through the Citizen Security Observatory, will monitor and evaluate the fulfillment of targets and indicators. The fight against trafficking and trafficking in persons, and related crimes.
ARTICLE 27. (MIGRATORY CONTROLS). For the entry, exit and permanence of the Bolivian territory of national and foreign persons, especially of children, girls and adolescents, the Ministry in charge of the Directorate General of Migration, in coordination with the institutions involved, must:
Design and implement national and international action protocols for the early detection of trafficking and trafficking situations, and related crimes.
Immediately report to the authorities The competent authorities of the Member States shall be responsible for the People, and related crimes, for their investigation.
Coordinate actions with public entities that serve and protect people victims of Trafficking and Human Trafficking, and related crimes.
CHAPTER III
MECHANISMS PROTECTION, ATTENTION
AND REINTEGRATION OF VICTIMS
ARTICLE 28. (REVICTIMISATION).
I. The Plurinational State of Bolivia will take the necessary measures to prevent the revictimization of those who have been subjected to Trafficking and Trafficking in Persons, and related crimes. These measures will be implemented in the policies and strategies of prevention, protection, care, reintegration and criminal prosecution.
II. Servers and public servants, administrators and administrators of justice, prosecutors, Investigators and medical examiners and medical examiners, will caution the rights, dignity and freedom of victims of Trafficking and Trafficking in Persons, and related crimes.
III. The Public Ministry, in coordination with the Ministry of Justice, will adopt a Single Protocol of Specialized Attention to Victims of Trafficking and Trafficking in Persons, and the route of intervention, which will be uniform and applicable throughout the territory of the Plurinational State of Bolivia, with validity and probative efficacy, avoiding revictimization, through redundant interrogations, careous, multiple forensic examinations or other forms.
IV. The public and private institutions that correspond will give special treatment to children and adolescents victims of Trafficking and Trafficking in Persons, and related crimes, in order not to affect their integral development.
ARTICLE 29. (PROTECTION). The Multi-National Anti-Trafficking and Trafficking in Persons Policy will include a Protection Program, which will include the following measures:
Protecting the right to privacy, privacy and keeping the identity of victims, witnesses and complainants, as well as their family environment.
Adopt the Gessell Chambers for compulsory use during the investigation process.
To protect the dignity of victims at all stages of the process oral research and judgment, as well as on reintegration programmes.
Enable the change of identity of victims, witnesses, complainants or relatives, when they consider that their lives are in danger, with prior consent and/or authorization, in coordination with the competent public institutions and in strict reservation.
Enabling the change of temporary residence, where appropriate.
Providing security and temporary protection in the family environment and activities that the victim develops.
ARTICLE 30. (PROTECT CHILDREN, GIRLS AND ADOLESCENTS). In addition to the measures provided for in this Law:
Children, girls and adolescents who are victims or witnesses, will receive specialized, appropriate and individualized care and attention.
Children, victims and adolescents witnesses, must be heard and their opinions taken into account. The authority must inform them of all actions affecting them at each stage of the process.
In cases of doubt in which the age of the victim of Trafficking and Trafficking in Persons is not established, and related crimes, their
attention to the children, girls and adolescents victims or witnesses, will be carried out by specialized professionals and will be carried out according to their needs and special characteristics.
Information may be provided to children, children and adolescents, victims or witnesses, through your legal guardian or guardian, or if this is the alleged responsibility of the commission of the offence, to a support person.
The information will be provided to children and adolescents who are victims in their language and in an understandable way.
In the case of children and adolescents victims or witnesses, interviews, examinations and other types of investigations will be carried out by specialised professionals, and will be carried out in a suitable environment and in Gessell Chambers, in their language and in the presence of their father or mother, legal guardian or guardian or a support person.
In the case of children, Girls and adolescents who are victims or witnesses, the proceedings shall be held in a reserved hearing, without the presence of media.
During the judicial process, children and adolescents will receive the support of the Special Care Unit for Victims and Witnesses of the Public Ministry.
ARTICLE 31. (ATTENTION AND REINTEGRATION).
I. The central level and the autonomous territorial entities, must ensure physical and psychological care, and the reintegration, social, economic and cultural victims of Trafficking and Human Trafficking, and related crimes.
II. Autonomous territorial entities, within the framework of their competencies, will create specialized Host Centers for the care and reintegration of victims of Trafficking and Trafficking in Persons, and related crimes.
ARTICLE 32. (TRANSFER OF VICTIMS). The operators of the passenger transport service,
must transfer victims of Trafficking and Human Trafficking, and related crimes, free of charge, when they decide to return to their place of origin or other other.
ARTICLE 33. Ministry of Labour, Employment and Social Welfare, through the Public Employment Service, will adopt a special programme to improve the employment of the victim of trafficking and trafficking in persons, and related crimes. Regulation.
TITLE III
CRIMINAL PROSECUTION
CHAPTER I
TRAFFICKING AND HUMAN TRAFFICKING OFFENSES
AND OTHER CONEXOS.
ARTICLE 34. (AMENDMENTS TO THE CRIMINAL CODE). Articles 178, 281 bis, 321,
321 bis and 323 bis of the Criminal Code are amended, with the following text:
ARTICLE 178. OMISSION OF DENUNCIATION) The server or public servant who, on account of his or her charge, having an obligation to promote the reporting of crimes and criminals, will cease to do so, will receive a custodial sentence of one (1) to three (3) years.
If the crime has a child, child or adolescent victim, the penalty will be increased by a third. ?
? ARTICLE 281 Bis. (IT ' S ABOUT PEOPLE).
I. You will be punished with deprivation of liberty from ten (10) to fifteen (15) years, who by any means of deception, intimidation, abuse of power, use of force or any form of coercion, threats, abuse of the the situation of the victim's dependency or vulnerability, the granting or receipt of payments by himself or by third person shall carry out, reduce or encourage the recruitment, transfer, transport, deprivation of liberty, reception or reception of persons within or outside the national territory, although I will measure the victim's consent, with any of the following purposes:
Sale or other acts of disposition of the human with or without profit.
Extraction, sale or illicit disposal of bodily fluids, cells, organs, or tissues.
Reduction to slavery or analog status.
Job exploitation, forced labor, or any form of easement.
Business Business Sexual Exploitation.
Commercial sexual exploitation.
Forced pregnancy.
Sex tourism.
Save or adoption.
Forced Mendiicity.
Servile marriage, free join or in fact subservient.
Recruiting people for participation in armed conflicts or religious sects.
Employment in criminal activities.
Illicit conduct of biomedical research.
II. The penalty will be aggravated by a third when:
The author or author is a server or public servant, enjoys diplomatic immunity, or is a medical professional or at long last.
Drugs, drugs, or weapons are used.
III. The penalty will be fifteen (15) to twenty (20) years when the victim is a child, girl or teenager, person with physical disability, mental illness or disability, pregnant woman, or the author is part of a criminal organisation, a serious injury occurs or the life, integrity or safety of the victim is endangered.
IV. If the victim's death is caused by the crime, the intended penalty for the crime of murder will be imposed. ?
? ARTICLE 321. (PIMP).
I. Who by deception, abuse of a situation of need or vulnerability, of a relationship of dependency or power, violence, threat or any other means of intimidation or coercion, to satisfy desires (a) a person who is a person of one or another sex, or who shall be obliged to remain in that sex, shall be liable to be punished with deprivation of liberty from ten (10) to fifteen (15) years.
II. The custodial penalty will be twelve (12) to eighteen (18) years when the victim is under eighteen (18) years of age, a person suffering from any type of disability.
. The custodial sentence shall be fifteen (15) to twenty (20) years, if the victim is less than fourteen (14) years of age, even if it is with his or her consent and shall not mediate the circumstances provided for in paragraph I, or the author or be the parent, spouse, survivor, brother, guardian, conservator or guardian of the victim's custody. The same sanction will be imposed on the author, author or participant who will use drugs, drugs and others to force, compel or subdue the victim.
IV. The custodial sentence shall be eight (8) to twelve (12) years, to whom on his own account or by third parties, he or she shall hold a house or establishment where sexual exploitation and/or sexual violence is promoted. commercial.?
? ARTICLE 321 Bis. (HUMAN TRAFFICKING).
I. Who promotes, induces, favors and/or facilitates by any means the illegal entry or exit of a person from the Plurinational State of Bolivia to another State of which that person is not a national or permanent resident, with the purpose of obtain directly or indirectly economic benefit for if or for a third party, will be sanctioned with deprivation of liberty from five (5) to ten (10) years.
The penalty will be aggravated in half, when:
conditions endanger your physical integrity and/or psychological.
The author or author is a server or a public servant.
The author or author is the person in charge of protecting the rights and integrity of the vulnerable persons.
The author or the author would have been a part or member of a delegation or diplomatic mission, at the time the crime was committed.
The crime is committed against more than one person.
The activity is common and for purposes of
The author or author is part of a criminal organization.
II. The penalty will be aggravated by two-thirds when the victim is a child, child or adolescent, person with physical disability, illness or psychic deficiency or a pregnant woman.
III. Who promotes, induces, favors, and/or facilitates by any means the illegal entry or exit of a person from a department or municipality to another of which that person is not a permanent resident, through deception, violence, threat, obtain directly or indirectly economic benefit for if or for a third party, will be sanctioned with imprisonment of four (4) to seven (7) years.
IV. If for the purpose of securing the outcome of the action submits the victim to any form of violence or risk situation resulting in his or her death, including suicide, shall be imposed for the crime of murder
? ARTICLE 323 Bis. (PORNOGRAPHY).
I. Whoever procurates, compels, facilitates or induces by any means, by himself or third person to another person who does not give consent to perform sexual acts or of bodily exhibitionism for the purpose of the video object with the object of video, to photograph, film, display or describe them through printed advertisements, transmission of data files in public or communications networks, computer systems, electronic or similar, shall be sanctioned with a custodial sentence ten (10) to fifteen (15) years.
Equal penalty will be imposed when the author or participate play or store, distribute, or sell pornographic material.
II. The custodial sentence will be aggravated by a third when:
The victim is a child, child, or teenager or person with disabilities.
The author or author is a spouse, survivor, father, mother, or person who exercises some kind of legal authority or responsibility for the victim.
The author or author maintains a relationship of employment, relationship consanguineum or affinity with the victim.
The victim is a pregnant woman.
The author or author is a server or public servant.
The author or author is the person in charge of protecting rights and integrity of the vulnerable people.
The author or author would have was part or member of a diplomatic delegation or mission, at the time of the crime.
The crime is committed against more than one person.
The activity is common and for profit.
author or author is part of a criminal organization.
III. Whoever buys, leases, or sells pornographic material, where images of children, girls, and adolescents are displayed, will be sanctioned with a custodial sentence. five (5) to eight (8) years. ?
ARTICLE 35. (INCORPORATION OF ARTICLES INTO THE PENAL CODE). Articles 203 bis, 321 ter and 322 are incorporated into the Penal Code with the following text:
? ARTICLE 203 (a). (AGGRAVATING). The custodial sentence of the crimes of material falsehood, ideological falsehood or use of a counterfeit instrument, will be aggravated by a third when committed to facilitate the commission of the crimes of trafficking and trafficking of People, and other related offenses.
ARTICLE 321 ter. (DISCLOSURE OF IDENTITY OF VICTIMS, WITNESSES OR COMPLAINANTS) . The server or public servant who without due authorization discloses information obtained in the exercise of his or her functions that permits or results in the identification of a victim, witness or whistleblower of Trafficking and Trafficking in Persons, and related crimes, will be punished with a custodial sentence of three (3) to eight (8) years.
ARTICLE 322. (COMMERCIAL SEXUAL VIOLENCE). Who will pay in money or species, directly to a child, girl or teen or third person, to maintain any kind of sexual, erotic or pornographic activity with a child, child and teenager, for the satisfaction of their sexual interests or desires, will be sanctioned with deprivation of liberty from eight (8) to twelve (12) years.
The custodial sentence will be aggravated by two thirds, when:
The victim is a child under the age of 14.
The victim has physical or mental disability.
The author or author uses any type of substance to control the victim.
The author or author has a contagious disease.
As a result of the fact, the victim will become pregnant.
The author or author is a server or public servant.?
ARTICLE 36. (BOLIVIAN POLICE). The Human Trafficking and Trafficking Divisions of the Special Force for the Fight Against Crime of the Bolivian Police will be strengthened in all departments and borders of the Plurinational State.
The Public Ministry in coordination with The Divisions of Trafficking and Trafficking of Persons, of the Special Force of Fight Against Crime of the Bolivian Police, in addition to the privileges established in the law and the legislation in force, will have the following responsibilities:
1. Perform travel patrols in lenocinios, bars, canteens, halls of massages, night clubs, factories, businesses, and others; as well as control at toll checkpoints and/or checkpoints on roads, to detect facts related to Trafficking and Trafficking in Persons, and related offenses.
2. To verify the particular facilities of the buildings where sexual and/or work services are offered, on the basis of a warrant for the search issued in the day, in cases of complaints about the crime of Trafficking and Trafficking in Persons, and related crimes.
3. Examine thoroughly and use the seized and seized computer assets in order to identify and disarticulate the sources of origin of the network and cyber criminal network of Trafficking and Human Trafficking, and related crimes. The electronic documents obtained will be considered as means of proof.
To conduct cyber patrols on public Internet pages, in order to prevent and detect trafficking and trafficking crimes, and related crimes.
ARTICLE 37. (INSTITUTIONAL POLICY). In the framework of its Organic Law, the Public Ministry will design, formulate and implement policies and institutional strategies for criminal prosecution of the fight against trafficking and trafficking in persons, and related crimes.
The Public Ministry designate in each Specialized Fiscal Department against Trafficking and Trafficking in Persons, and related offenses.
ARTICLE 38. (SUPPORT IN BORDERS). The Armed Forces will cooperate in the actions of patrol and control of borders and places far from the country, in coordination with the Bolivian Police and the Public Ministry for
support actions to combat trafficking and trafficking in persons, and related crimes.
ARTICLE 39. (KIDNAPPING AND DESTRUCTION OF PORNOGRAPHIC MATERIAL). All pornographic material hijacked in physical or digital media will be destroyed by the Public Ministry and the Bolivian Police, no longer than the ten (10) working days of the sentence.
The pornographic material in the Children and adolescents will be destroyed by the Public Ministry and the Bolivian Police, within 24 hours of their kidnapping, with the intervention of a Notary of Public Faith. The circumstantial act of this diligence, will be attached to the process as a pre-constituted test, separating for this effect, a sample not greater than five percent (5%) of this material.
ARTICLE 40. (AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE). Articles 19 and 282 of the Code of Criminal Procedure are amended, with the following respective texts:
ARTICLE 19. (PUBLIC ACTION OFFENSES AT PART INSTANCE). They are crimes of public action on the part of a party: abandonment of the family, failure to comply with duties of assistance, abandonment of pregnant women, rape, dishonest abuse, stupor, improper abduction, rape with a marriage, corruption of Greater, violence and political harassment.
ARTICLE 282. (UNDERCOVER AGENT). In the investigation of crimes related to the illicit trafficking of controlled substances, trafficking and trafficking of persons, in the event of absence or insufficient means of proof, the Public Ministry will be able to request, under its responsibility, the Judge or the Judge of Instruction in the Criminal, the authorization of intervention of undercover agents, of members of the specialized Bolivian Police, without criminal or disciplinary records that lend their consent to the effect.
The resolution of the jurisdictional authority that authorizes the intervention of the undercover agent, shall record the identity of the agent, which shall be kept in reserve and shall be kept out of the proceedings with due security, in the case of closed and lacquered, which shall also contain the true identity of the or the agent.
The or the undercover agent will keep the or the Prosecutor who is in charge of the functional direction of the investigation on the activities carried out and to be carried out in the course of the same and on the information that is being obtained.
The testimonial statements of the or the undercover agent, they will not be sufficient to found a conviction if it does not have additional proof that is validly incorporated into the process.
The or the undercover agent will not be exempt or exempt from the corresponding liability, if in the The course of the investigation carries out acts other than those specifically entrusted, or with obvious excess or disproportionality, in relation to the needs or purposes of the same.?
ARTICLE 41. (INTERCEPTION AND RECORDING OF TELEPHONE CALLS). The person or the Prosecutor may request the competent judicial authority to intercept and write telephone calls, on an established basis, where there are serious indications of the participation of a person in criminal associations or organizations, in criminal acts related to the crimes of Trafficking and Human Trafficking.
ARTICLE 42. (NO FORMULA). The complaint for the crime of Trafficking and Trafficking in Persons, and related crimes may be filed in a verbal or written form by the victims or third parties, without the fulfillment of the formal procedural requirements.
ARTICLE 43. (NO PUNIBESTÁ). The victim of Trafficking and Trafficking in Persons is exempt from being investigated and charged by the commission of other crimes that are a direct result of her situation.
ARTICLE 44. (PRINTING). Trafficking and Human Trafficking offenses are prescriptive.
CHAPTER II
INTERNATIONAL COOPERATION, REPATRIATION AND RECIPROCITY
ARTICLE 45. (MANAGEMENT OF INTERNATIONAL COOPERATION). The Plurinational State of Bolivia through the Ministries of Foreign Affairs, and of Government, will seek and strengthen bilateral, multilateral or regional relations for the protection of victims of Trafficking and Human Trafficking, and related crimes, and the prosecution and punishment of these crimes.
ARTICLE 46. (REPATRIATION).
I. When the victim of Trafficking and Trafficking in Persons, and related crimes, is of Bolivian nationality and is in foreign territory, the Ministry of Foreign Affairs, embassies and consulates under their dependence, will foster their voluntary repatriation, otherwise it will manage the cooperation of the State of residence or stay, guaranteeing their human rights.
II. When the victim of Trafficking and Trafficking in Persons, and related crimes, is of foreign nationality and is in Bolivian territory, the Ministry of Foreign Affairs and the Ministry of Government will facilitate their voluntary repatriation in coordination with the respective diplomatic or consular representation, otherwise it will guarantee their permanence and the full validity of their human rights.
TRANSITORY provisions
FIRST. The Plurinational Council against Trafficking and Trafficking in Persons, must convene its first Plenary Session, within the time of Thirty (30) days computable from the publication of this Law.
SECOND. Once the Plurinational Council against Trafficking and Trafficking in Persons, no longer than ninety (90) days will formulate the Plurinational Policy of Combating Trafficking and Trafficking in Persons, and related crimes and the Plurinational Plan against Trafficking and Trafficking of Persons, and related offenses.
THIRD. The Public Ministry in coordination with the Ministry of Justice, approve the Single Protocol of Victim Care and the intervention route provided for in Article 28, within a period not exceeding ninety (90) days, computable from the publication of this Law.
FOURTH. For the effectiveness of this Act the regulations shall be drawn up within a period not exceeding ninety (90) days from their publication.
FINAL DISPOSITION
. The central level and the autonomous territorial entities will make the budgetary modifications
corresponding, for the implementation of this Law.
REPEAL AND ABROGATORY PROVISION
ONLY.
I. Articles 1, 3 and 4 of Law No 3325 of 18 January 2006, of Trafficking and Trafficking in Persons and other related offences are repealed.
II. The contrary to this Law are hereby repealed.
Remit to the Executive Body, for constitutional purposes.
It is given in the Chamber of the Plurinational Legislative Assembly, at the thirteen days of July of the year two thousand twelve.
Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sanchez
Heredia, Luis Alfaro Arias, Ángel David Cortez Villegas.
Therefore, it is enacted to have and comply with the law of the State Plurinational of Bolivia.
Palace of Government of the city of La Paz, at thirty-one day of the month of July of the year two thousand twelve.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Elba Viviana Caro Hinojosa, Luis Alberto Arce Catacora, Cecilia Luisa Ayllon Quinteros, Daniel Santalla Torrez, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Amanda Davila Torres.
