Comprehensive Anti-Trafficking And Trafficking In Persons Law

Original Language Title: LEY INTEGRAL CONTRA LA TRATA Y TRÁFICO DE PERSONAS

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/140540

Law No. 263 law of 31 July 2012 of EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law INTEGRAL against the trafficking and traffic of people title I provisions general article 1. (OBJECT). This law aims to fight trafficking and trafficking in persons and related crimes, guarantee the fundamental rights of victims through the consolidation of measures and mechanisms of prevention, protection, care, persecution and criminal punishment of these crimes.
ARTICLE 2. (REGULATORY FRAMEWORK). This Act takes place in the framework of the political Constitution of the State, instruments, treaties and international conventions on human rights on trafficking and trafficking in persons, ratified by Bolivia.
ARTICLE 3. (FINNISH). This law establishes the following objectives: establish measures of prevention of crimes of trafficking and trafficking in persons and related crimes.
Implement and consolidate public policies of protection, care and reintegration integral, for the victims of the crimes of trafficking and trafficking in persons, and related offences.
Strengthening the response of the criminal justice system against the crimes of trafficking and trafficking in persons, and related offences.
Promote and facilitate national and international cooperation to achieve the goal established in the present law.
ARTICLE 4. (SCOPE AND SCOPE). This law applies: all the Bolivian bolivianos, or foreign and foreigners who are in the territory of the plurinational State of Bolivia and places under its jurisdiction.
Bolivian 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. The victims of trafficking and trafficking in persons and related crimes, will have care and comprehensive protection priority in all public and private entities.
Gratuity. The State guarantees to victims of trafficking and trafficking in persons, and related offences, the free access to the provision of comprehensive services and the administration of Justice.
Top of the child and adolescent interest. It is the duty of the State, society and the family to ensure the priority of the best interests of the child or adolescent.
Celerity. The State guarantees the provision of comprehensive service to the victims of the crimes of trafficking and trafficking in persons and related crimes, timely, effective and without delay.
Confidentiality. The State guarantees the reserve and guard the identity, image and information of the victims of trafficking and trafficking in persons and related crimes.
Re-victimization. The victims of trafficking and trafficking in persons, and related offences, will be not subjected to repeated procedures that may affect their dignity and their rights.
Presumption of nationality. When not establishing the nationality of the victim of trafficking and trafficking in persons, and related offences, the Bolivian nationality, shall be presumed until proven otherwise.
9. non-discrimination. The State guarantees the protection of all the victims of trafficking and trafficking in persons, and related offences, and the enjoyment of their fundamental rights without distinction of age, sex, nationality, culture, identity, immigration status, sexual orientation, State of health and any other condition.

Integration and international cooperation. The State will seek and strengthen integration, coordination and bilateral, multilateral and regional international cooperation for the fight against human trafficking and trafficking in persons and related crimes.

Interculturality and harmony. The State guarantees the expression and coexistence of cultural, linguistic, and institutional diversity for a balanced and harmonic coexistence of the society.
ARTICLE 6. (DEFINITIONS). For the purposes of interpretation and application of this law, the following definitions are adopted: abuse of a situation of vulnerability. It is leverage or take advantage of situations: addiction to any substance, disease, pregnancy, income or irregular migration remain precarious in social survival, physical or mental disability, disability, children and adolescents, for their submission for the purpose of trafficking and trafficking in persons and related crimes.

Exploitation. It is economic benefits or otherwise obtain through the forced participation of another person in: acts of prostitution, sexual or labour exploitation, worst forms of child labour, forms of servitude for debt and others, forced labour, sale and illicit extraction of fluids, tissues, cells, or other organs of the human being.
Bondage. It is a State of dependence or submission of the will in which the perpetrator induces or forcing the victim to perform acts, works or services different, through deception, threats, coercion or other forms of violence.
Debt bondage. It is all work or service which is required to a person who has no choice or knowledge about the consequences that have loans or advances of salary you receive, generating their subjection and subjugation.
Customs bonded. It is the action by which a person is subjected or exploited by another, under links associated with local customs and traditional practices of the place, such as patronage, cronyism, any other spiritual link or empatronamiento relationship.
Servile marriage. It is labor or sexual exploitation of a member of the couple and involves situations of slavery, isolation, control and reproductive, sexual and physical violence.
Guard and illegal adoption. It is the procedure of guardianship and adoption of children and adolescents that is non-compliance with the legal requirements and regulations stipulated in the national legislation and international instruments.
Forced labour. It is any work or service performed by a person under threat or duress, with or without the consent of the person. Granting wages or other compensation does not necessarily mean that labour is not forced or compelled.
Threat. It is coercion exerted towards the victim through violence or physical or psychological restraint not present complaint before the competent authorities, fearing a loss of work, failure to pay wages, economic penalties for debts, intimidation of the family or other.
Sex tourism. It is the use of people to offer them in sexual services related: touristic, cultural or natural, promoted packets through messages and images of an erotic, disseminated by any means of telecommunication, information technology and media.
Forced begging. It consists of forcing a child, teenager or adult, to ask for money or other benefits in the street or any other public or private place in favour of a third party.
TITLE II ORGANISATION AND STRUCTURE INSTITUTIONAL AGAINST TRAFFICKING AND TRAFFICKING IN PERSONS AND RELATED CRIMES CHAPTER I PLURI-NATIONAL COUNCIL AGAINST TRAFFICKING AND TRAFFICKING IN PERSONS ARTICLE 7. (PLURINATIONAL COUNCIL AGAINST TRAFFICKING AND TRAFFICKING IN HUMAN BEINGS). Creates the pluri-national Council against trafficking and human trafficking, as instance maximum coordination and representation, to formulate, approve and execute policy generational, multinational fight against human trafficking and trafficking in persons, and related offences, without discrimination, with gender equity and interculturalism.
ARTICLE 8. (CONFORMATION AND STRUCTURE).
I. the pluri-national Council against trafficking and human trafficking will be formed by: the Executive branch 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 labour, employment and Social Welfare.

Ministry of education.

Ministry of communication.

Ministry of health and sports.

Ministry of planning for development.

Ministry of economy and public finances.

Society institutions: representation of the Public Ministry.
Representation of the Office of the Ombudsman.
Organized civil society, according to regulations.
II. the pluri-national Council against trafficking and human trafficking, will have the following functional structure: plenary session of the Council.
Presidency of the Council.
Technical Secretariat.
ARTICLE 9. (PLENARY COUNCIL AND HEADQUARTERS).
I. the whole multinational Council constitutes the top instance of coordination, consultation, cooperation, approval and execution of policies and strategies, formed by the institutions listed in article 8 of this law.
II. the chairmanship of the multinational Council, convened annually at least three regular sessions of the plenary and extraordinary sessions.
III. the Ministry of Justice is the headquarters of the multinational Council. Alternatively the sessions may be convened in a different place.
ARTICLE 10. (POWERS). Pluri-national Council, has the following responsibilities: formulate and approve the plurinational policy on combating trafficking and trafficking in persons and related crimes, as well as the National Plan for the fight against human trafficking and trafficking in persons and related crimes.


Designing policies and strategies that contribute to the fight against human trafficking and trafficking in persons and related crimes.

Run at the central level, concurrently with the autonomous territorial entities, policies and prevention strategies for the fight against human trafficking and trafficking in persons, and related offences, in the framework of their respective powers.

Designing mechanisms and tools for appropriate coordination among the organs of Executive, legislative, Judicial and Electoral, autonomous territorial entities, international cooperation, public institutions and civil society organizations, to make the objective and purposes of this Act.

Manage financial resources for the implementation of the policy and the multinational Plan in the fight against human trafficking and trafficking in persons and related crimes.

Perform monitoring and evaluation the implementation of pluri-national policy in the fight against human trafficking and trafficking in persons, and related offences, through the Observatory created for this purpose.

Coordinate actions with international agencies and regional integration in the area of trafficking and trafficking in persons, and related offences, in the framework of human rights and fighting corruption.

Coordinate actions with the departmental councils against trafficking and human trafficking.

Monitor, evaluate, and recommend actions to governmental and private institutions that provide care, protection and Defense for victims of trafficking and trafficking in persons and related crimes.

Once a year inform the Chamber of deputies of the Assembly Legislative plurinational, on the implementation of pluri-national policy in the fight against human trafficking and trafficking in persons and related crimes.

Other functions assigned the pluri-national Council for the implementation of the object and the purposes of the present law, according to regulation.

ARTICLE 11. (COUNCIL PRESIDENCY).
I. the Minister or the Minister of Justice will preside over the pluri-national Council against trafficking and trafficking of persons, and to the effects of the implementation and evaluation of the policy and strategy will coordinate with: authorities of the central level and of the autonomous territorial entities.
Organizations and institutions of civil society working in the area of trafficking and trafficking in persons.
International cooperation agencies.
II. the chairmanship of the multinational Council against trafficking and human trafficking will manage the resources of funding sources in a special account, in accordance with regulation.
ARTICLE 12. (TECHNICAL SECRETARIAT OF THE COUNCIL). The Ministry of Justice will serve as the technical secretariat of the multinational Council, through the Vice-Ministry appropriate, which shall comply with the following functions: operational, administrative and logistical advice to multinational Council.

Prepare issues to be considered in the plenary.

Coordinate with autonomous territorial entities in the implementation of policies and strategies within the framework of this law.
Others established according to regulations.
ARTICLE 13. (FUNDING SOURCES). For the implementation of the object and the purposes of this law: the Executive Branch, in the framework of their competence, ensure progressively the allocation of resources from the General Treasury of the State through public entities responsible for budget.

The pluri-national Council against trafficking and human trafficking is responsible for managing funding resources to the international organizations and others, in the framework of multinational strategy and policy.

Resources resulting from the confiscation of assets derived from crimes of trafficking and trafficking in persons, and related offences, in enforceable judgment, in accordance with legal provisions in force.
The central level, the autonomous territorial entities and decentralized institutions assigned in their annual operational planning budget the financial resources and sufficient.
ARTICLE 14. (GENERAL MANAGEMENT). He is created in the structure of the executive body the direction General of fight against trafficking and human trafficking, the Ministry of Government.
SECTION I DEPARTMENTAL COUNCILS AGAINST TRAFFICKING AND TRAFFICKING IN PERSONS ARTICLE 15. (DEPARTMENTAL COUNCILS). Each Department will create a departmental Council against trafficking and trafficking in persons as instance maximum coordination and departmental representation, to formulate, approve and execute the policy Department of fight against trafficking and trafficking in persons, and related offences, without discrimination, with gender equity, generational and intercultural relations.
ARTICLE 16. (CONFORMATION).
I. the departmental councils against trafficking and human trafficking, will be integrated by: the Governor or the Governor of the Department.

The mayors or mayors of capital cities, intermediate cities and municipalities border the Department, as appropriate. In the departmental Council of peace, will also participate the mayor or the Mayor of the city of El Alto.

The Commander Department of the force special fight against crime.

The head or departmental Chief of work.

The Director or the departmental Director of migration.

The Director or the Director of the departmental education service.

The Director or the Director of the departmental service of Social management.

The departmental Attorney.

The representative Department of the Ombudsman.

Representatives of the organized civil society, according to regulations.

Others according to regulation of the departmental Council.
II. the Governor or the Governor of the Department chairs the departmental Council, for the purpose of the implementation and evaluation of the policy and strategy of prevention, assistance, protection and reintegration Integral.
III. structure and functioning of the departmental Council shall be established by regulation.
ARTICLE 17. (POWERS). The departmental councils, have the following responsibilities: formulate departmental Plan for the fight against trafficking and human trafficking, in subjection to the pluri-national policy and the National Plan for the fight against human trafficking and trafficking in persons and related crimes.
Implement and execute the departmental policy of prevention, assistance, protection and Integral reintegration of victims of trafficking and trafficking in persons, and related offences, in the framework of its competences.
Perform monitoring and evaluation the implementation of policies and multi-country strategies in the fight against human trafficking and trafficking in persons, and related offences, in the Department.
Coordinate with the multinational Council, autonomous territorial entities, and public and private institutions.
Develop and approve its rules of procedure.
ARTICLE 18. (SOCIAL CONTROL). Within the framework of the political Constitution of the State, organised civil society shall be exercised social control policies and strategies, and implementation of the National Plan to combat human trafficking and trafficking in persons, and related offences, at all levels of the State.
CHAPTER II PREVENTIVE MECHANISMS ARTICLE 19. (PREVENTION).
I are preventive mechanisms, policies and strategies in the following areas: educational.
Communication.
Labor.
Citizen security.
II. the autonomous territorial entities incorporate these areas into their policies and strategies such as prevention mechanisms.
SECTION I ARTICLE 20 EDUCATION. (FORMAL EDUCATION).
I. the Ministry of education will design and apply programs, educational campaigns and others for the prevention of trafficking and trafficking in persons, and crimes related with intercultural approach, gender and generational systemwide preschool, primary, secondary, higher and other levels of education.
II. public universities and private will provide research and information campaigns.
III. the teacher training school, school of multinational governance, the Diplomatic Academy, the University police, the military University and postgraduate institutes, be incorporated into their curricula the subject of trafficking and trafficking in persons and related crimes.
IV. the judges school and the school of prosecutors, must be designed and run training courses and information related to the subject, in particular: national and international legislation, identification of potential victims, the way it operates national and transnational organized crime, the existing tools of investigation and prosecution and international mutual legal assistance. This training should be extended to all operators of the administration of Justice.
ARTICLE 21. (NON-FORMAL EDUCATION).
I. the autonomous territorial entities, according to its powers, have an obligation to develop mechanisms of information and awareness targeted to citizens against trafficking and trafficking in persons, and related offences, with respect for cultural identities, without discrimination.
II. the multinational against trafficking and human trafficking Council will organize and develop, in coordination with the autonomous territorial entities, departmental councils and decentralized institutions, processes of training, information, awareness-raising and awareness against trafficking and trafficking in persons and related crimes, to servants and public servants.

III. the Ombudsman in coordination with the public prosecutor's Office, Bolivian police, ombudsmen for children and adolescents, organised civil society and other institutions, will promote, organize and develop information and awareness-raising activities aimed at the citizens against trafficking and trafficking in persons and related crimes.
IV. private institutions that develop activities related to the fight against human trafficking and trafficking in persons, and related offences, carried out information and awareness-raising activities while respecting cultural identities.
SECTION II SCOPE ARTICLE 22 COMMUNICATION. (FIELD COMMUNICATION).
I within the framework of pluri-national policy in the fight against human trafficking and trafficking in persons and related crimes, the Ministry of communications will design and deploy an intercultural communication strategy, in all the Bolivian territory, in order to inform, sensitize and raise awareness about the risks, causes, consequences and methods of trafficking and trafficking in persons and related crimes.
II. the autonomous territorial entities shall also take policy and communication strategies in their jurisdictions, to ensure that the information on the subject reaches the entire population.
III. in the framework of social responsibility, providers of telecommunications services and technologies of information and communication, public and private, must promote and disseminate preventive information against trafficking and trafficking in persons and related crimes.
ARTICLE 23. (SOCIAL MEDIA).
I. the social media must contribute to the fight against human trafficking and trafficking in persons, and related offences, through: prevention against trafficking and trafficking in persons and related crimes.

The ban on broadcast messages or contents that promote trafficking and trafficking in persons and related crimes.

The addition of mandatory slots for prevention and dissemination of this law, informing the society about measures of protection and care, without discrimination, gender, generational equity and interculturalism.
Free broadcasting in information spaces in those cases of disappearance of persons.
II. the media shall respect the dignity, the right to privacy and privacy of victims and the principle of confidentiality laid down in this law.
III. in order to prevent the offences referred to in this law, all sexual offer notices, must be regulated, preserving the dignity of persons, prohibiting the use of images of naked women or men, with the use of messages that give reference of the regional, local, or national origin of people, in total or partial and ensuring that any case of children and adolescents.
IV. Ministry of communication, will be responsible for verifying the implementation of this provision, require prohibitions and impose administrative sanctions that corresponds to the media, in accordance with regulation.
SECTION III ARTICLE 24 WORKING ENVIRONMENT. (PUBLIC EMPLOYMENT SERVICE).
I. the State through the Ministry of labour, employment and Social Security is responsible for organizing and implementing the public employment service, for the prevention of trafficking and trafficking in persons, and related offences, and socio-economic reintegration of the victim.
II. all services of intermediation of a public nature to departmental and municipal levels, should contemplate in their legislation precepts of prevention and protection against trafficking and trafficking in persons and related crimes.
ARTICLE 25. (PRIVATE EMPLOYMENT AGENCIES).
I. the Ministry of labour, employment and Social welfare by means of specific regulations will determine requirements for its operation, rights, obligations, inspections, prohibitions and sanctions for the purpose of preventing trafficking and trafficking in persons and related crimes.
II. all cases of intermediation work that they originate in Bolivian territory, with a destination outside of the country, they must necessarily be approved and registered by the Ministry of labour, employment and Social Welfare.

III. all private entities that hire services of foreign persons must register contracts of employment at the Ministry of labour, employment and Social Welfare.
IV. the private agencies of employment under any circumstances may workers demand payment of commissions, retain their identity or travel documents, sign exclusivity agreements or grant them payments made in money or in kind. The payment for the services of these agencies, will be canceled only by the employer.
SECTION IV SCOPE OF SECURITY CITIZEN ARTICLE 26. (PUBLIC SAFETY).
I. the object, principles, values and purposes set forth in this law are part of the policy of security of the plurinational State of Bolivia.
II. the Ministry of Government in coordination with the National Institute of statistics and other public and private entities at the national, departmental and municipal level, create a system of information and statistics that allows the registration of data on offences of trafficking and trafficking in persons, and related offences.
III. the Government, through the Observatory of public safety Ministry, will carry out monitoring and assessing the achievement of targets and indicators for the fight against human trafficking and trafficking in persons and related crimes.
ARTICLE 27. (IMMIGRATION CONTROLS). For entry, exit and stay of the Bolivian territory of national and foreign people, especially children and adolescents, the Ministry in charge of the Directorate General of migration, in coordination with the institutions involved, should: design and implement national and international protocols for the early detection of situations of trafficking and trafficking in persons and related crimes.
Report immediately to the competent authorities of those facts that may constitute crimes of trafficking and trafficking in persons, and related crimes, for their research.
Coordinate actions with public entities that serve and protect people, victims of trafficking and trafficking in persons and related crimes.
CHAPTER III PROTECTION MECHANISMS, CARE AND REINTEGRATION OF VICTIMS ARTICLE 28. (VICTIMIZED).
I. the plurinational State of Bolivia shall take the necessary measures to avoid the re-victimization of those who had been subjected to trafficking and trafficking in persons and related crimes. These measures will be applied in the policies and strategies of prevention, protection, care, reintegration and prosecution.
II. the servants and public servants, managers and administrators of Justice, prosecutors, investigators and researchers and medical examiners, precautelarán rights, dignity and freedom of the victims of trafficking and trafficking in persons and related crimes.
III. the Public Ministry, in coordination with the Ministry of Justice, will adopt a unique Protocol of specialized assistance to victims of trafficking and trafficking in persons, and the path of intervention, which shall be uniform and applicable throughout the territory of the plurinational State of Bolivia, with validity and probatory effectiveness, avoiding the revictimization through redundant interrogations, careos, multiple forensic examinations or other forms.
IV. public institutions and private matching will give special treatment to children and adolescents victims of trafficking and trafficking in persons, and related offences, in order to not affect their overall development.
ARTICLE 29. (PROTECTION). The multinational fight against trafficking and human trafficking policy will include a protection program, which will include the following measures: protecting the right to privacy, privacy and save in absolute reserve identity of victims, witnesses and complainants, and from their family environment.
Adopt the Gessell cameras for mandatory use during the research process.
Safeguard the dignity of the victims at all stages of the process of investigation and trial, as well as in reintegration programmes.
Facilitate the change of identity of victims, witnesses, complainants or relatives, when they consider that their lives are in danger, consent or authorization, in coordination with the competent public institutions and in strict reserve.
Enabling the change of temporary residence, as appropriate.
Provide security and temporary protection in the family environment and activities that develop the victim.
ARTICLE 30. (PROTECTION TO CHILDREN AND ADOLESCENTS). In addition to the measures provided in this law: the children and adolescents victims or witnesses, receive care and attention specialized, appropriate and individualized.
The children, girls and adolescents victims or witnesses, must be heard and their views taken into account. The authority must inform them about all actions that affect them at every stage of the process.
In cases of doubt in which the age of the victim of trafficking and trafficking in persons and related crimes is established, its minority shall be presumed until proven otherwise.
Care to children, girls and adolescents victims or witnesses, will be in charge of specialized professionals and will be held in accordance with their needs and special characteristics.

Information may be provided to children, girls and adolescents, victims or witnesses, through their guardian or legal guardian, or if the course responsible for the Commission of the offence, to a support person.
Information will be provided to the children and adolescent victims in their language and understandable way.
In the case of children and adolescents victims or witnesses, interviews, examinations and other investigations will be carried out by specialized professionals, and will be carried out in a suitable environment and Chambers Gessell, in their language and in the presence of his father or mother, guardian or legal guardian or a support person.
In the case of children and adolescents victims or witnesses, court proceedings will be held in reserved audience, without the presence of media.
During the judicial process, children and adolescents will receive the specialized care unit support to victims and witnesses of the Prosecutor.
ARTICLE 31. (CARE AND REINTEGRATION).
I. the central level and the autonomous territorial entities, must ensure the physical and psychological care, and the social reintegration, economic and cultural of victims of trafficking and trafficking in persons and related crimes.
II. territorial entities autonomous, in the framework of its competencies, create reception centres specialized in the care and reintegration to victims of trafficking and trafficking in persons and related crimes.
ARTICLE 32. (TRANSFER OF VICTIMS). Passenger transport service operators, must be free to victims of trafficking and trafficking in persons and related crimes, when they decide to return to their place of origin or another.
ARTICLE 33. (EMPLOYABILITY). The Ministry of labour, employment and Social Security, through the public employment service, will adopt a special program that introduce the labor insertion of the victim of trafficking and trafficking in persons, and related offences, according to regulation.
TITLE III PROSECUTION CHAPTER I CRIMES OF TRAFFICKING AND TRAFFICKING IN PERSONS AND OTHER RELATED.
ARTICLE 34. (AMENDMENTS TO THE CRIMINAL CODE). The articles 178 281 bis, 321, 321 modify bis and 323 bis of the Penal Code, with the following text:? ARTICLE 178. (OMISSION OF COMPLAINT). The server or public servant who, owing to his position, having the obligation to promote the reporting of offences and offenders, fails to do so, you will receive a custodial sentence of one (1) to three (3) years.
If the crime is as a victim to a child or adolescent, the penalty will increase by a third. ?
? Article 281 Bis. (TRAFFICKING IN PERSONS).
I shall be punished by imprisonment of 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 situation of dependency or vulnerability of the victim, the granting or receipt of payments by itself or by third party commits, induces or assists the catchment transfer, transport, deprivation of freedom, acceptance or reception of people inside or outside the national territory, although without the consent of the victim with any of the following purposes: for sale or other acts of disposal of the human being with or without profit.
Extraction, sale or illegal disposal of fluids or body fluids, cells, organs or human tissue.
Reduction to slavery or analogous State.
Labour exploitation, forced labour or any form of servitude.
Customs bonded.
Commercial sexual exploitation.
Forced pregnancy.
Sex tourism.
Guardian or adoption.
Forced begging.
Servile marriage, union free or indeed subservient.
Recruitment of persons for their participation in armed conflicts or religious sects.
Employment in criminal activities.
Illicit conduct of biomedical research.
II. the sanction will be aggravated by one third when: the author or the author or participant, either spouse, partner or partner of the victim, have kinship up to the fourth degree of consanguinity or second of affinity, have responsible guardianship, custody, care or education of the victim.
The author or the author be servant or public servant, enjoyment of immunity, diplomatic, or professional medical or end.
Drugs, drugs, or weapons are used.
III. the penalty shall be fifteen (15) to twenty (20) years when the victim was a boy, girl or adolescent, person with physical disability, illness or mental deficiency, pregnant woman, or the author is part of a criminal organization, there is a very serious injury or endanger the life, integrity or security of the victim.
IV. If because of crime is produced the death of the victim, it will impose the expected sanction for the crime of murder. ?
? ARTICLE 321. (PIMPING).
I who by deceit, abuse of a situation of need or vulnerability, in a relationship of dependency or of power, violence, threat, or any other means of intimidation or coercion, to satisfy the desires of others or for profit or benefit any, facilitates contribuyere prostitution of a person of one sex or the other, or that force to stay in it It shall be punished by imprisonment of ten (10) to fifteen (15) years.
II. the deprivation of liberty shall be twelve (12) to eighteen (18) years when the victim was less than eighteen (18) years of age, a person who suffers from any type of disability.
III. the deprivation of liberty shall be fifteen (15) to twenty (20) years, if the victim was less than fourteen (14) years of age, even if it is with consent and not mediaren the circumstances provided for in paragraph I, or the author or participating is the ascendant, spouse, cohabitant, brother, guardian, conservator, or responsible for the custody of the victim. Same penalty will be assessed to the author, author or participate I'll use drugs, medicines and others to force, force, or submit to the victim.
IV. deprivation of liberty shall be eight (8) to twelve (12) years, who on their own or by third parties if ostensible or covertly a house or establishment where promotes sexual exploitation or commercial sexual violence.?
? Article 321 Bis. (TRAFFICKING IN PERSONS).
I who promotes, induces, promotes or facilitates by whatever means the entry or illegal departure of a person of the plurinational State of Bolivia to another State of which the person is not resident or national permanent, in order to obtain directly or indirectly economic benefit for himself or for a third party, shall be punished with imprisonment of five (5) to ten (10) years.
The sanction will be aggravated in the half, when: the transport conditions endanger their physical or psychological integrity.
The author or the author is server or public servant.
The author or the author is the person in charge of protecting the rights and integrity of persons in vulnerable situations.
The author or the author had been part or member of a delegation or diplomatic mission, at the moment of committing the crime.
The offence is committed against more than one person.
The activity is for profit and usual.
The author or the author is part of a criminal organization.
II. the sanction will be aggravated by two-thirds when the victim is a child or adolescent, person with a physical disability, illness or mental deficiency or a pregnant woman.
III. who promotes, induces, promotes or facilitates by whatever means the entry or illegal exit of a person from a Department or municipality to another which such person non-resident permanent, through deception, violence, threat, in order to obtain directly or indirectly economic benefit for himself or for a third party, shall be punished with deprivation of liberty of four (4) to seven (7) years.
IV. If for the purpose of securing the result of the action is subject to the victim to any form of violence or risk having as a consequence his death, including suicide, shall be liable to the penalty established for the offence of murder?.
? Article 323 Bis. (PORNOGRAPHY).
I who try to, obligate, facilitates or induces by any means, if third person to another that does not give its consent to perform sex acts or body exhibitionism with lewd purposes in order to video recording them, photograph them, filming them, display them or describe them through print ads, transmission of data files on a public network or communications, it systems electronic or similar, shall be punished with imprisonment of ten (10) to fifteen (15) years.
Same penalty will be imposed when the author or involved reproduce or store, distribute or sell pornographic material.
II. the custodial sentence will be aggravated by one third when: the victim is a child or teenager or person with a disability.
The author or the author is spouse, cohabitant, father, mother or the person who exercises any authority or legal responsibility for the victim.
The author or the author maintain a working relationship, blood kinship or affinity with the victim.
The victim is a pregnant woman.
The author or the author be servant or public servant.
The author or the author is the person in charge of protecting the rights and integrity of persons in vulnerable situations.
The author or the author had been part or member of a delegation or diplomatic mission, at the moment of committing the crime.
The offence is committed against more than one person.
The activity is for profit and usual.

The author or the author is part of a criminal organization.
III. who buy, lease or sell pornographic material, where it displayed images of boys, girls and adolescents, shall be punished with imprisonment of five (5) to eight (8) years. ?
ARTICLE 35. (INCORPORATION OF ARTICLES TO THE PENAL CODE). Incorporate into the Penal Code the articles 203 bis, ter 321 and 322, with the following text:? Article 203 bis. (AGGRAVATED). The deprivation of liberty of the crimes of material misrepresentation, ideological falsehood or use of forged instrument, will be aggravated in a third when committed to facilitate the Commission of the crimes of trafficking and human trafficking, and other related crimes.
Article 321 ter. (DISCLOSURE OF IDENTITY OF VICTIMS, WITNESSES OR COMPLAINANTS). The servant or public servant that, without due authorization, disclose information obtained in the exercise of its functions that allow or give rise to the identification of a victim, witness or complainant of trafficking and trafficking in persons, and related offences, shall be punished with imprisonment of three (3) to eight (8) years.
ARTICLE 322. (COMMERCIAL SEXUAL VIOLENCE). Who pay in money or in kind, directly to a child or adolescent or third person, to maintain any kind of pornographic, erotic or sexual activity with a child or adolescent, for the satisfaction of sexual desires or interests, shall be punished with deprivation of liberty of eight (8) to twelve (12) years.
The custodial sentence will be aggravated by two-thirds when: the victim is a boy or girl under 14 years of age.
The victim has physical or mental disability.
The author or the author use any type of substance to control the victim.

The author or the author has a contagious disease.
As a consequence of the fact the victim was pregnant.
Does the author or the author be servant or public servant.?
ARTICLE 36. (BOLIVIAN POLICE). The divisions of trafficking and trafficking in persons of the special force of fight against the crime of the Bolivian police, in all departments and plurinational State borders will be strengthened.
The public prosecutor's Office in coordination with the divisions of trafficking and trafficking in persons, of the special force of fight against the crime of the Bolivian police, in addition to the powers set out in the law and the legislation in force, shall have the following responsibilities: 1. carry out patrols of route in lenocinios, bars, canteens, rooms for massage, night clubs, factories, businesses, and others; as well as controlling toll roadblocks or checkpoints on highways, to detect facts related to the crimes of trafficking and trafficking in persons, and related offences.
2. check the installations of the properties where provided services sexual and/or labor, court order of search warrant issued in the day, in cases of complaints by the crime of trafficking and trafficking in persons, and related offences.
3 thoroughly examine and use computer abducted and assets seized in order to identify and dismantle the sources of origin of the network and cyber network criminals of trafficking and trafficking in persons and related crimes. The obtained electronic documents will be considered as evidence.
Make cyber patrol in public internet pages, in order to prevent and detect crimes of trafficking and trafficking in persons, and related offences.
ARTICLE 37. (INSTITUTIONAL POLICY). In the framework of its organic law, prosecutors will design, develop and execute policies and institutional strategies of criminal prosecution in the fight against human trafficking and trafficking in persons and related crimes.
The public prosecutor shall appoint in each Department prosecutors specialized against trafficking and trafficking in persons and related crimes.
ARTICLE 38. (SUPPORT AT BORDERS). The armed forces will cooperate in actions of surveillance and control of borders and places away from the country, in coordination with the Bolivian police and the public prosecutor's Office to support the actions of fight against trafficking and trafficking in persons and related crimes.
ARTICLE 39. (KIDNAPPING AND DESTRUCTION OF PORNOGRAPHIC MATERIAL). All kidnapped pornographic material in physical or digital will be destroyed by the Public Ministry and the Bolivian police, within one period not exceeding ten (10) working days from the judgment rendered.
The pornographic material in which are children and adolescents, will be destroyed by the Public Ministry and the Bolivian police, within 24 hours of his abduction, with intervention of a notary of public faith. The official minutes of this diligence, will be attached to the process as a test ready made, separating for this purpose, a sample no more than five percent (5%) of this material.
ARTICLE 40. (AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE). Amending articles 19 and 282 of the code of criminal procedure, with the following respective texts:? ARTICLE 19. (CRIMES OF PUBLIC ACTION ON REQUEST). They are crimes of public to request action: abandonment of family, breach of duties of care, abandonment of pregnant woman, rape, molestation, rape, improper Rapture, Rapture with double look, corruption of adults, violence and political harassment.
ARTICLE 282. (UNDERCOVER AGENT). In the investigation of crimes related to the illicit trafficking of controlled substances, trafficking and trafficking in persons, in case of absence or insufficiency of evidence, prosecutors may ask founded, under its responsibility, the judge or the judge of instruction in criminal, authorization of intervention by undercover agents, specialized members of the Bolivian police, no criminal or disciplinary history that give their consent thereto.
The resolution of the jurisdictional authority authorizing the intervention of the undercover agent, recorded the same alleged identity, which will be kept in reserve and will be kept out of the safe actions, in closed and sealed, envelope which will contain also the true identity of the agent.
The undercover agent shall keep informed the Prosecutor that is responsible for the management of research activities and realized in the course of the same and the information you go getting.
Testimony of the undercover agent, will not be sufficient to found a conviction if there additional test validly incorporated into the process.
The undercover agent not be exempt or exempt from the responsibility that corresponds, if in the course of the investigation it acts different to the specifically entrusted, or apparent excess or disproportionality, with regard to the needs and aims of the same.?
ARTICLE 41. (INTERCEPTION AND RECORDING OF TELEPHONE CALLS). The Prosecutor of matter may request the competent judicial authority the interception and recording of telephone calls, founded way, where there are serious indications of the involvement of a person in associations or criminal organizations, in criminal acts related to the crimes of trafficking and trafficking in persons.
ARTICLE 42. (NOT FORMALISM). The complaint by the crime of trafficking and trafficking in persons, and related offences may be filed orally or written by the victims or third parties, without the formal procedural requirements.
ARTICLE 43. (NO OFFENCE). The victim of trafficking and trafficking in persons is exempt from being investigated and accused by the Commission of other crimes that are a direct result of their situation.
ARTICLE 44. (APPLICABILITY). Offences of trafficking and trafficking in persons are imprescriptible.
CHAPTER II INTERNATIONAL CO-OPERATION, REPATRIATION AND RECIPROCITY ARTICLE 45. (INTERNATIONAL COOPERATION MANAGEMENT). The plurinational State of Bolivia through the ministries of Foreign Affairs, and Government, will seek and strengthen bilateral, multilateral or regional relations for the protection of victims of trafficking and trafficking in persons, and related offences, and the persecution and punishment of these crimes.
ARTICLE 46. (REPATRIATION).
I. when the victim of trafficking and trafficking in persons, and related offences, be of Bolivian nationality and is in foreign territory, the Ministry of Foreign Affairs, embassies and consulates under its dependence, will lead to their voluntary repatriation, otherwise will manage the co-operation of the State of residence or stay, ensuring their human rights.
II. when the victim of trafficking and trafficking in persons, and related offences, be of foreign nationality and is present 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 will ensure its permanence and the full term of their rights human.
TRANSITIONAL PROVISIONS FIRST. The pluri-national Council against trafficking and trafficking in persons, shall convene its first plenary session, within the period of thirty (30) days Computable from the publication of this law.

THE SECOND. Once constituted the pluri-national Council against trafficking and human trafficking, within a period not more than ninety (90) days shall formulate multinational policy to combat human trafficking and trafficking in persons, and related offences and the pluri-national Plan against human trafficking and trafficking in persons and related crimes.
THIRD. The public prosecutor's Office in coordination with the Ministry of Justice, shall adopt unique Protocol of care of victims and the path of intervention provided for in article 28, in one period not exceeding ninety (90) days, computable from publication of this law.
-FOURTH. For the effectiveness of this law regulations shall be drawn up within a period not to exceed ninety (90) days, after its publication.
SOLE FINAL PROVISION. The central level and autonomous territorial entities will make corresponding budget changes, for the implementation of this law.
SOLE REPEAL AND ABROGATION PROVISION.
I repealed articles 1, 3 and 4 of the law No. 3325 from January 18, 2006, of trafficking and trafficking in persons and other related crimes.
II. are abrogated provisions contrary to this law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand twelve is given in the plurinational Legislative Assembly Hall, the thirteen days of the month of July of the year.

FDO. Lilly Gabriela MONTAÑO Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sánchez Heredia, Luis Alfaro Arias, Angel David Cortez 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, at thirty-one days of the month of July in the year two thousand twelve.
FDO. EVO MORALES AYMA, David Choquehuanca Céspedes, 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.