The Attorney General Of The State Law

Original Language Title: LEY DE LA PROCURADURÍA GENERAL DEL ESTADO

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/138837

Law No. 064 law on December 5, 2010 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, DECREES: law on the Attorney GENERAL of the State title I nature legal, principles, values and functions chapter I nature legal, principles, values and functions article 1. (OBJECT). This law is intended to regulate the Organization and structure of the General Attorney of the State.
Article 2. (PURPOSE AND COMPETITION). The Attorney General of the State is an institution of public legal representation that is intended to promote, defend and protect the interests of the State. The exercise of the functions is exercised by servers which designates this law.

Article 3. (CONFORMATION AND REPRESENTATION). The Attorney General of the State is formed by the Prosecutor or the General State Prosecutor, who will lead it, and the other servers to be determined by this law. The Attorney or the State Attorney General representing the State's Attorney-General.
Article 4. (HEADQUARTERS). The State's Attorney-General is headquartered in the city of El Alto, Murillo province of the Department of La Paz.
Article 5. (AUTONOMY AND INDEPENDENCE). The Attorney General of the State enjoys administrative, budgetary and financial autonomy and is independent in the exercise of their functions.

Article 6. (VALUES AND PRINCIPLES THAT GOVERN THE ACTIONS OF THE ATTORNEY GENERAL OF THE STATE).

The values that govern the actions of the Attorney General of the State are pluralism, freedom, social equity, solidarity, transparency, equal opportunities and gender.
II. the actions of all members of the State's Attorney-General, are governed by the principles of Justice, independence, legality, honesty, respect, ability, professionalism and responsibility.
Article 7. (PRINCIPLE OF GRATUITY).

The Attorney General of the State shall be exempt from the payment of tax amounts and any other cargo or obligations in the exercise of their functions.

Any person making efforts before the Attorney General of the State, shall be exempt from any payment.
Article 8. (OF THE FUNCTIONS OF THE ATTORNEY GENERAL OF THE STATE). The functions of the Attorney General of the State are: defend the interests of the State, judicial and extrajudicial assuming their legal representation and intervening as a procedural void in all judicial, extrajudicial or administrative actions, is to safeguard the sovereignty, of the assets of the estate and interest of the State, in particular, in the field of investments, human rights and environment , assuming defense in any conflict between the State and individuals natural or legal national or foreign that demand to the State Bolivian.

Having in charge the record of judicial proceedings in which the administration of the State is a party.

Monitor and evaluate the exercise of legal actions and defense that made legal units of public administration, in all of its instances and levels, only on the issues within its competence.

Require public servants, and individuals, that have relationship with the State, the information that it deems necessary for the purposes of the exercise of its powers.

Request the immediate commencement of an administrative proceeding for the establishment of responsibilities for the exercise of public authority, and without prejudice to the criminal proceedings concerned, in cases of refusal to the provision of the required information, by servants or public servants.

Addressing complaints and claims based of any citizen or citizen, as well as of institutions of social control, only on the issues within its competence.

To urge the public prosecutor diligent actions only in processes that are within its competence.

Formulate initiatives legislative of projects of law and propose to the organ Executive projects of decrees Supreme, in the scope of its competence.

Issue opinions, reports, recommendations and legal analysis in the area of its competence.

Coordinate joint actions with the Comptroller General of the State, Attorney General and Ministry of Justice, for the timely defence of the interests of the State.

Coordinate joint actions with the Ministry of Foreign Affairs, for the legal defense of the State to international organizations and processes arising from international relations.

Coordinate with the Ministry of economy and finance and the Central Bank of Bolivia, on the defence of international reserves.

Integrate the National Council for the fight against corruption, illicit enrichment and laundering of illicit proceeds.

Set the functions relating to specialized institutions, that allow to maintain a permanent and up-to-date register of lawyers who provided and providing technical legal advice in public institutions of the State and provide for their training and updating.

Bring resources ordinary and actions of Defense of the interests of the State.

Decide on the legality of contracts national and foreign public entities, whose inquiry has been requested by any organ of the State.


Title II-organizational structure of the Attorney GENERAL of the State GENERAL organic structure chapter I article 9. (ORGANIZATIONAL STRUCTURE). The State's Attorney-General is structured in the following manner: i. the Attorney or the Attorney General of the State.
II. Sub agencies: 1) Sub Attorney of defence and Legal representation of the State.
2) Sub Office of evaluation, monitoring and training of the legal units of the public administration.
(3) Sub Attorney of advice, research and normative production.
III. General directions.
IV. decentralized departmental addresses.
V. Council of State lawyers.
VI. School of State lawyers.
VII. administrative support.
Article 10. (CREATION OF SPECIALIZED UNITS). In the framework of the general structure established in the present law, the State's Attorney-General can create multidisciplinary specialized units, according to the regulations, within the approved budget for each management.

Chapter II attorney or the State Attorney GENERAL's article 11. (ATTORNEY OR THE STATE ATTORNEY GENERAL'S).

The Attorney or the Attorney General of the State, is the highest authority of the State's Attorney-General and the representative Legal State in the defence of rights, interests and assets of Bolivia, within the framework of the powers conferred the political Constitution of the State and the present law. Representation the exercises without express mandate on judicial, extrajudicial and conciliation processes, arbitral and administrative proceedings within the scope of their competence, all within restrictions established laws.

The Prosecutor or of the State Attorney General is appointed by the President or the President of the State through Presidential Decree, as established in the article 230 of the political Constitution of the State.

The Prosecutor or the Attorney General of the State, shall exercise their functions for six years, without the possibility of reappointment.
Article 12. (REQUIREMENTS TO BE A PARALEGAL OR ATTORNEY GENERAL OF THE STATE). They are requirements to be Attorney or the State Attorney General: have Bolivian nationality.

Having fulfilled military duties, in the case of males.

Having served thirty years of age at the date of his appointment.

Not have conviction or final charge sheet.

Not be understood in the cases of incompatibility or prohibition referred in the political Constitution of the State.

Be registered on the electoral roll.

Have law degree in national provision.

Have played the profession of lawyer, exercise of the judiciary or university teaching, for eight years with fitness and responsibility.

Have no family relationship up to the fourth degree of consanguinity and second of affinity with the President or the State President, Vice President or Vice President and Ministers of State.

Have had not sponsored judicial proceedings and actions against the State during the five years prior to his appointment.

Talk to at least two official languages of the country.
Article 13. (DISQUALIFICATIONS). It may not be appointed or continue with the performance of the office of attorney or the State Attorney General: who has been sentenced by court judgement rendered to imprisonment for any offence.

Who in the disciplinary process has been sanctioned by competent authority with removal from office and that judgment is enforceable.

Who has charges pending with the State by enforceable sentence declared civil liability.

Other cases of disqualification which designates the political Constitution of the State and laws.
Article 14. (OBJECTION OF THE DESIGNATION OF THE ATTORNEY OR THE ATTORNEY GENERAL OF THE STATE).
The plurinational Legislative Assembly in one period not more than sixty days may object the designation of the Attorney or the Attorney General of the State, by two-thirds of votes of the members present. So the objection is coming should mediate the grounds for disqualification referred to in the preceding article or the lack of requirements for appointment. The challenge in the plurinational Legislative Assembly procedure shall be established in accordance with the regulations in force.

Article 15. (INCOMPATIBILITY). The charge of the Attorney or the Attorney General of the State is incompatible with the exercise of any other function public or private.
Article 16. (CESSATION OF FUNCTIONS).
I. the functions that it exercises the Attorney or the Attorney General of the State, will be dismissed only in the following cases: 1) by removal of functions determined by the President or the President of the State.

Sentence rendered in criminal proceedings by indictment for crimes committed in the exercise of their functions.

By resignation.

By mental incapacity declared judicially.

Having completed the period of functions for which it was designated or appointed.

By mediating the causal set in the article 14 of the present law.
II. the President or the President of the State, shall proceed to the appointment of a new authority, within a maximum period of sixty days, the duties of interim Prosecutor, prosecutors Sub, in the order established by this law.
Article 17. (INVIOLABILITY).

The Prosecutor or the Attorney General of the State is inviolable, at all times, by the opinions, reports, resolutions, recommendations or opinions issued in the exercise of their functions.

Correspondence addressed to the Attorney General or the Attorney General of the State and their communications are inviolable and shall not be subject to any censorship, under administrative responsibility and penalty of those who contravene this provision.
Article 18. (POWERS AND FUNCTIONS OF THE PROSECUTOR OR THE ATTORNEY GENERAL OF THE STATE). Powers and functions of the Prosecutor or the Attorney General of the State in addition to those referred to in the article 231 of the political Constitution of the State, the following: assume the representation and responsibility legal technician in the judicial, conciliatory, administrative, or arbitration, actions that start and process the Bolivian State within the scope of their powers, without mandate.

Participate in the proceedings that may be necessary and to sign the writings of Defense of the State in areas of its competence.

Coordinate and where appropriate delegate the defence of the State with the Sub agencies and the specialized general directions.

Coordinate with the different instances of the executive organs, legislative, Judicial, public prosecutor, General Comptroller of the State and Ministry of Justice, the policies needed for the defense of the interests of the State.

Public servants and private individuals, the information that it deems necessary for the purposes of the exercise of its powers, require information that may not be denied under any reason. In the event of refusal to the provision of the required information by servants or public servants, the Attorney General of the State, prompted the immediate commencement of an administrative proceeding for the establishment of responsibilities for the exercise of public authority, and without prejudice to relevant actions. Urge actions corresponding administrative legal units.

Exercise the coordination, supervision, evaluation and control of the actions of Defense of the State carrying out the legal units of all the administration of the State.

Required by before the Public Ministry, the initiation of investigations or criminal proceedings against public authorities and private persons, by actions contrary to the interests of the State.

Decide on the General guidelines to be followed by the lawyers of the State, to safeguard the national interest. General opinions issued on this matter shall be binding on the State lawyers, who exceptionally may deviate them, under their responsibility, and through observation founded legally.

Formulate recommendations and legal reminders for all public administration, to safeguard the interests of the State.

Recommend to the Executive Body, by reasoned opinion, the signing of treaties and international agreements in the field of its competences, as well as recommend legal compliance where appropriate.

Chairing the Board of the school of lawyers of State and the Council of State lawyers.

Meet justified claims of civil society, generating social participation mechanisms in the areas of its competence.

Report annually to the plurinational Legislative Assembly on the fulfilment of its functions and powers.

Submit to the Ministry of economy and finance, the annual budget of the institution, for incorporation into the General budget of the State.

The Prosecutor or the Attorney General of the State can create, merge, or delete Directorates-General as determined by article 22 of this law.

And others determined by law.

Chapter III the State SUBPROCURADURIAS article 19. (SUB AGENCIES).

The Sub agencies established in the present law, are operative bodies of the General State Prosecutor's Office, in the scope of their powers. They collaborated directly and are subordinated to the State Attorney General.

The three Sub agencies are equal in hierarchy and are structured as established in article 9 of this law.

The specific responsibilities of the Sub agencies will be established by Supreme Decree and it shall confine the scope of the operational function referred to in this law and other laws.
Article 20. (DESCRIPTION, REQUIREMENTS AND INCOMPATIBILITIES).

The Sub procurators are appointed by the President or the President of the State, by means of Supreme resolution.

The same requirements for the Attorney General of the State are required to be Sub Attorney.

The charge of Sub Attorney is incompatible with any other function public or private.

Sub solicitors may not be appointed or continue in the performance of his office, as set out in articles 13 and 15 of this law.

Sub solicitors may cease to hold office pursuant to article 16 of this law.

Chapter IV General directions and addresses decentralized departmental article 21. (DGS).

The Directorates-General, are technical bodies of support and development of the functions of the Attorney General of the State, their powers are established by Supreme Decree, which shall be adjusted in accordance in article 19 paragraph III of this law.

Directors-General are appointed directly by the State General Attorney, prior public announcement.
Article 22. (OF CREATION, MERGER OR DELETION). The Prosecutor or the Attorney General of the State in the first month of taken possession in his position can, create, delete, or merge general directions necessary for the fulfilment of the objectives and purposes of the General Attorney of the State based on your designated budget.
Also, the Prosecutor or the of the State Attorney General, in the first month of each year during his tenure on the basis of the results of the organizational analysis of the structure of the State's Attorney-General, can create, merge or abolish the DGs within its approved budget for each management.
Article 23. (DECENTRALIZED DEPARTMENTAL DIRECTIONS).

The Office of the Ombudsman at the departmental level, has nine addresses decentralized Department, located in the capital city of the nine departments of the State.
They are entities of the Attorney General of State representation in all areas of its jurisdiction, at the departmental level.

Decentralized addresses departmental, are permanent and unchangeable, not to apply to them the provisions of article 22 of this law.

By Supreme Decree, their organization and their specific responsibilities shall be established.
Chapter V Council of State lawyers article 24. (COUNCIL OF STATE LAWYERS).
I the Council of lawyers of the State was created as a decentralized entity of the Attorney General of the State, whose function is to produce doctrine legal legal defense of the State. Grouping all the lawyers working in legal entities of the public sector at all levels.
II. the Council of lawyers shall maintain a permanent and up-to-date record of all the lawyers who provided and providing technical legal advice in all public institutions of the State.
Article 25. (ORGANIZATION).
I. the Council of State lawyers, is run by the Board of the school of lawyers.

II. Organization and specific powers, will be established by Supreme Decree, which shall be restricted to the function which entrusted article 24 of this law.

Chapter VI State lawyers school article 26. (SCHOOL OF LAWYERS OF THE STATE). Creating the school of lawyers of the State, as a decentralized entity of the State General Attorney, with the function of train lawyers professionals who wish to provide their services in the legal areas of all central administration, descentralizaday autonomous entities of the plurinational State of Bolivia and lend.
Article 27. (HEADQUARTERS).

The school of lawyers of the State is headquartered in the city of El Alto of La Paz.

Its sphere of competence covers throughout the national territory, and may set up offices and centers of education and training throughout the country.
Article 28. (ORGANIZATION).

The school of lawyers of the State consists of a directory and a Directorate General.


The Board is chaired by the Attorney General of the State and comprised four members: a representative of the Ministry of Foreign Affairs, a representative of the Ministry of Justice, a representative of the Office of the Attorney-General and a representative of the Ministry of institutional transparency and fight against corruption.

The Attorney or the Attorney General of the State, chaired by the directory and named to the Director General Executive.

The structure and organization of the school of lawyers of the State, shall be established by Supreme Decree framed within the own their training competition and training field.


Title III organization and resources Chapter I PERSONAL administrative article 29. (PERSONAL). The Attorney General of the State, will organize internally to its staff. The designation of all administrative personnel corresponds to the of the State Attorney General, in accordance with the provisions of the basic rules of personnel administration and laws.

Chapter II financial resources article 30. (BUDGET). The Attorney General of the State, will have an annual budget for its operation, which will be included in the General budget of the State.
Article 31. (OTHER RESOURCES). In addition to the assigned by the General Treasury of the nation, they are part of the budget of the General Attorney of the State, own income and the income of the school of lawyers of the State. These resources will also be subject to fiscal control.
Article 32. (RESPONSIBILITY). The development, management and implementation of the budget, are the responsibility of the General State Prosecutor, pursuant to the law of administration and Government Control.
TRANSITIONAL PROVISIONS FIRST. The executive body within a maximum period of sixty days from the enactment of this law, shall adopt regulatory Supreme decrees, which develop the structure and organization, established in this standard, and must for that purpose establish internal procedures in each case.
THE SECOND. Once approved the regulatory Supreme decrees, the President of the plurinational State of Bolivia, shall appoint the Attorney or the Attorney General of the State.
THIRD. Put into force the regulatory Supreme decrees of this law, shall be transferred to the General Attorney of the State all fixed assets, movable and immovable property as well as the budget allocated by the General Treasury of the nation to the Ministry's Legal Defense of the State, carry all the competences and powers granted to the Ministry.
SOLE REPEAL PROVISION. Once designated or appointed the Attorney or the Attorney General of the State, will be repealed articles 42, 43 and 44 of the Supreme Decree Nº 29894.
Refer to the Executive Branch, for constitutional purposes.
Is given in the Hall of sessions of the Assembly Legislative multinational, to them twenty-six days of the month of November of two thousand ten years.
FDO. Álvaro García Linera, Andrés A. Villca Daza, Pedro Nuny Hawkeye.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, in the fifth day of the month of December of two thousand ten years.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Oscar Coca Antezana, Elizabeth Arismendi Chumacero, Luis Alberto Arce Catacora, Nilda Copa Condori, Nardy Suxo Iturri.
























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