LAW OF DECEMBER 5, 2010
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, has sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
STATE ATTORNEY GENERAL LAW
LEGAL NATURE, PRINCIPLES, VALUES, AND FUNCTIONS
LEGAL NATURE, PRINCIPLES, VALUES, AND FUNCTIONS
Article 1. (OBJECT). This Law is intended to regulate the organization and structure of the Attorney General's Office
General of the State.
Article 2. (PURPOSE AND COMPETENCE). The State Attorney General's Office is an institution of
public legal representation that aims to promote, defend and protect the interests of the state. The exercise of the functions is exercised by the servers that are pointed out by this Act .
Article 3. (SHAPING AND REPRESENTATION). The State Attorney General's Office is made up of the Attorney General of the State, who will direct her, and the other servers to determine this Law. The Attorney General of the State represents the Attorney General of the State.
Article 4. (SEDE). The State Attorney General's Office is headquartered in the city of El Alto, Province
Murillo of the Department of Peace.
Article 5. (AUTONOMY AND INDEPENDENCE). The State Attorney General enjoys autonomy
budgetary and financial management and is independent in the exercise of its functions.
Article 6. (VALUES AND PRINCIPLES GOVERNING THE ACTIONS OF THE ATTORNEY GENERAL ' S OFFICE
GENERAL OF THE STATE).
The values that govern the action of the State Attorney General are pluralism, freedom, social equity, solidarity, transparency, gender equality, and opportunities.
II. all members of the State Attorney General's Office are governed by the principles of justice,
independence, legality, honesty, respect, capacity, professionalism and responsibility.
Article 7. (PRINCIPLE OF GRATUITOUSNESS).
The State Attorney General shall be exempt from the payment of tax securities and any other charges or obligations in the performance of his duties.
Any person making representations to the Attorney General's Office State General, will be exempt from any payment.
Article 8. (FROM THE FUNCTIONS OF THE STATE ATTORNEY GENERAL). Are Functions
of the State Attorney General:
Defending the interests of the State judicial and out of court, assuming its legal representation and intervening as a procedural subject in full right in all judicial, extrajudicial or administrative actions, be it in sovereignty, property of the assets and interests of the State, in particular, in matters of investments, human rights and the environment, assuming defense in any conflict between the State and natural or legal persons Foreign nationals who sue the Bolivian State.
Having your office the registration of judicial processes in which the administration of the State is a party.
Monitor and evaluate the exercise of the legal and defense actions performed by the legal units of the Public Administration, in all of its
Require public servants, and private individuals, who are related to the State, the information they deem necessary for the purposes of the exercise of their attributions.
Request the immediate start of a process (a) administrative arrangements for the establishment of responsibilities for the exercise of the public service, without prejudice to the corresponding criminal actions, in cases of refusal of the granting of the required information, by servants or public servants.
Tender complaints and substantiated claims of any citizen or citizen, as well as social control entities, solely on the issues of their competence.
Install the Ministry He published the proceedings only in proceedings which fall within his jurisdiction.
Formulate legislative initiatives of bills and propose to the Executive Body projects of supreme decrees, in the field of their competence.
Issue opinions, reports, recommendations and legal analyses in the
Coordinate joint actions with the Comptroller General of the State, State Attorney General and Ministry of Justice, for the timely defense of the interests of the State.
Coordinate joint actions with the Ministry of Foreign Affairs, for the legal defense of the State before international organizations and in processes that arise from international relations.
Coordinate with the Ministry Public Economy and Finance and the Central Bank of Bolivia, on the defense of international reserves.
Integrating the National Council for the Fight against Corruption, Illicit Enrichment, and Legitimization of Illicit Gains.
Set the functions relative to the entities specialised, to maintain a permanent and up-to-date register of lawyers who provided and provide technical legal advice, in public entities in the State and to provide for their training and updating.
Interpose ordinary resources and actions to defend the interests of the State.
Dictate on the legality of national and foreign contracts of public entities, the consultation of which has been requested by some State Authority.
OF THE STATE ATTORNEY GENERAL
GENERAL ORGANIZATION STRUCTURE
Article 9. (ORGANICA STRUCTURE). The State Attorney General's Office is structured as follows:
I. The Attorney General of the State.
II. Sub-Attorney General's Office:
1) Sub-Office of the Defense and Legal Representation of the State Status.
2) Sub-Office for Evaluation, Monitoring and Training of Public Administration Legal Units.
3) Sub-Office for Advice, Research and Regulatory Production.
IV. Departmental Deconcentrated Addresses.
V. State Bar Council.
VI. State Bar School.
VII. Administrative Support.
Article 10. (CREATING SPECIALIZED UNITS). Within the framework of the general structure established in this Law, the Attorney General's Office may create Multidisciplinary Specialized Units, according to the regulations in force, within the budget approved for each management.
STATE ATTORNEY OR ATTORNEY GENERAL
Article 11. (ATTORNEY GENERAL OF THE STATE).
The Attorney General of the State, the Attorney General of the State, and the State Legal Representative in the defense of the rights, interests and patrimony of Bolivia, in the the framework of the powers conferred upon it by the Political Constitution of the State and this Law. The representation is exercised without the need for an express mandate in judicial, extrajudicial, conciliatory, arbitration, and administrative processes in the field of its jurisdiction, all within the restrictions established by the laws.
The Attorney General of the State is appointed by the President or the President of the State through Presidential Decree, as provided for in Article 230 of the Constitution of the State.
The Attorney General of the State, will perform her duties for six years, with no possibility of new designation.
Article 12. (REQUIREMENTS TO BE A SOLICITOR OR ATTORNEY GENERAL OF THE
STATUS). They are requirements to be Attorney General of the State:
Having Bolivian nationality.
Having fulfilled military duties, in the case of men.
To have completed thirty years of age at the date of his appointment.
Not having a conviction or statement of charge executed.
Not being understood in the cases of prohibition or incompatibility indicated in the Political Constitution of the State.
Being enrolled in the electoral roll.
Having a title of national provision lawyer.
To have performed the profession of lawyer, the exercise of the judiciary or the university teaching, for eight years with suitability and responsibility.
Not having a relationship of kinship to the fourth degree of consanguinity and The second is an affinity with the President or the President of the State, Vice President or Vice President and State Ministers.
Not having had or sponsored judicial processes and actions against the State for the last five years prior to appointment.
Speak at least two official languages of the country.
Article 13. (DISABLING). You may not be appointed, or continue with the performance of the office of
Attorney General of the State:
Who has been convicted of a judicial sentence executed in a custodial sentence for any type of crime.
Who in disciplinary proceedings has been sanctioned by competent authority with removal from office and that resolution is executed.
Who has pending charges with the State by statement executing that declares civil liability.
Other cases Article 14. Disablement that states the Constitution of the State and the laws.
Article 14. (OBJECTION TO THE DESIGNATION OF THE ATTORNEY OR ATTORNEY
GENERAL OF THE STATE).
The Plurinational Legislative Assembly within a period of no more than sixty days may object to the appointment of the Attorney General or the Attorney General of the State, by two-thirds of the votes of the members present. In order for the objection to be filed, they must mediate the grounds of disqualification indicated in the preceding Article or the lack of requirements required for their appointment. The impeachment proceedings in the Plurinational Legislative Assembly will be established in accordance with current regulations.
Article 15. (INCOMPATIBILITY). The charge of the Attorney General or the Attorney General of the State is
incompatible with the exercise of any other public or private function.
Article 16. (EESC OF FUNTIONS).
I. The functions exercised by the Attorney General or the Attorney General of the State shall be terminated only in the cases
1) For removal of functions as resolved by the President or the President of the State.
Statement executed in criminal prosecution for offenses committed in the exercise of his or her duties.
For mental incapacity declared judicially.
Have completed the period of functions for which he was designated or designated.
established in Article 14 of this Law.
II. The President or the President of the State shall proceed to the appointment of a new authority, within the period
maximum of sixty days, exercising the functions of the Attorney General the Sub-Attorneys, in the order established in this Law.
Article 17. (INVIOLABILITY).
The Attorney General of the State is inviolable, at all times, for the opinions, reports, resolutions, recommendations, or opinions she issues in the exercise of her duties.
Correspondence addressed to the Attorney General or the Attorney General of the State and their communications are inviolable and will not be subject to any censorship, under the administrative and criminal responsibility of those who contravene this rule.
Article 18. (POWERS AND FUNCTIONS OF THE ATTORNEY GENERAL OR ATTORNEY GENERAL OF THE STATE). They are the powers and functions of the Attorney General or the Attorney General in addition to those referred to in Article 231 of the Constitution of the State, the following:
Assume representation and responsibility legal technical in the judicial, conciliatory, administrative or arbitral actions, that the Bolivian State initiates and processes, within the scope of its competences, without the need of a mandate.
Participate in the actions (a) a procedure for the application of the laws of the Member States; areas of your competence.
Coordinate and in your case delegate the defense of the State to the Sub-Attorneys and the Specialized Directorates-General.
Coordinate with the different instances of the Executive Bodies, Legislative, Judicial, Public Ministry, Comptroller General of the State and Ministry of Justice, policies necessary to defend the interests of the State.
Require public servants and individuals, information which it considers necessary for the purposes of the exercise of its powers, information which cannot be denied under any circumstances. In the event of a refusal to grant the required information from public servants or servants, the Attorney General's Office will request the immediate start of an administrative process for the establishment of responsibilities.
for the exercise of the public function, without prejudice to the relevant actions. To urge the actions of the administrative legal units.
To exercise the coordination, supervision, evaluation and control of the State's defense actions to be carried out by the legal units of the entire State administration.
Requiring before the Public Ministry, the initiation of investigations or criminal actions, against public authorities and individuals, for actions contrary to the interests of the State.
Dictate the general guidelines to be followed by the State, in keeping with the national interest. General Opinions issued on this subject will be binding on State attorneys, who will exceptionally be able to depart from them, under their responsibility and through legally-founded observation.
recommendations and legal reminders for the entire public administration, in keeping with the interests of the State.
Recommend to the Executive Body, by means of a reasoned opinion, the subscription of international treaties and conventions in the scope of its powers, as well as recommending its observance
Chair the Directory of the State Bar and the State Bar Council.
Understanding civil society's well-founded claims, generating mechanisms of
Report annually to the Plurinational Legislative Assembly on the fulfillment of its functions and attributions.
Submit to the Ministry of Economy and Public Finance, the institution's annual budget, for incorporation into the General Budget of the State.
The Attorney General of the State may create, merge or delete general addresses as determined by Article 22 of this Law.
And others determined by Law.
Article 19. (SUB PROCURADURIAS).
The Sub-Attorneys established in this Law are operative instances of the State Attorney General's Office, within the scope of its powers. They collaborate directly and are subordinate to the State Attorney General.
The three Sub-States are equal in hierarchy and are structured as provided for in Article 9 of this Law.
Specific privileges of the Sub-Procuratoras will be established by Supreme Decree and will be limited to the scope of the operational function indicated in this Law and other laws.
Article 20. (DESIGNATION, REQUIREMENTS AND INCOMPATIBILITIES).
The Sub-Attorneys are designated by the President or the President of the State, by Supreme Resolution.
To be Sub Procurator the same requirements are required for the State Attorney General.
The Sub Procurator charge is incompatible with any other public or private function.
Sub-Attorneys may not be designated or continue to perform their duties, as provided for in Articles 13 and 15 of this Law.
The Sub-Attorneys may cease their duties in accordance with the provisions of this Law. Article 16 of this Law.
CHAPTER IV GENERAL ADDRESSES
AND DEPARTMENTAL DECONCENTRATED ADDRESSES
Article 21. (GENERAL ADDRESSES).
The Directorates-General, are technical instances of support and development of the functions of the State Attorney General, their attributions are established by Supreme Decree, which will be adjusted as established in Article 19 paragraph III of this Law.
The Directors-General are appointed directly by the State Attorney General, upon public notice.
Article 22. (CREATION, MERGE, OR DELETE). The Attorney General of the State in
the first month of post-office in his office may, create, delete or merge the Directorates General necessary for the fulfillment of the objectives and purposes of the Attorney General's Office. General of the State on the basis of its designated budget.
Likewise, the Attorney General of the State, in the first month of each year during her term
based on the results of the organizational analysis of the structure of the State Attorney General, will be able to create, merge or delete the Directorates General within its approved budget for each management.
Article 23. (DEPARTMENTAL DECONCENTRATED ADDRESSES).
The department-level Attorney General's Office has nine Departmental Departments, located in the capital city of the nine departments of the State.
State Attorney General in all areas of its jurisdiction, at the departmental level.
The Departmental Departments, are of a permanent and immovable nature, not applying to the same the provisions of the Article 22 of this Law.
By Supreme Decree, establish your organization and its specific attributions.
STATE LAWYERS ' COUNCIL
Article 24. (COUNCIL OF LAWYERS OF THE STATE).
I. The Council of State Lawyers is hereby established as a deconcentrated entity of the State Attorney General's Office, whose
function is to produce legal doctrine on the legal defense of the State. Group all lawyers working in the public sector legal entities at all levels.
II. The Bar Council must maintain a permanent and up-to-date register of all lawyers who have provided and
provide technical legal advice on all public entities in the State.
Article 25. (ORGANIZATION).
I. The State Bar Council is headed by the Board of Directors of the Bar.
II. Your specific organization and attributions, will be established by Supreme Decree that will be limited to the function entrusted to you by Article 24 of this Law.
SCHOOL OF STATE ATTORNEYS
Article 26. (STATE LAW SCHOOL). The School of State Lawyers is created as a deconcentrated entity of the State Attorney General's Office, with the task of training the professional lawyers who provide and wish to provide their services in the legal areas of the entire state. Central government, decentralizaday autonomous entities of the Plurinational State of Bolivia.
Article 27. (SEDE).
The State Bar has its headquarters in the city of El Alto de La Paz.
Its field of competence covers the entire national territory, being able to establish offices and schools and training throughout the country.
Article 28. (ORGANIZATION).
The State Bar is composed of a Directory and an Executive General Directorate.
The Directory is chaired by the Attorney General of the State and consists of 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 of the State and a representative of the Ministry of Institutional Transparency and Fight Against Corruption.
The Attorney General of the State, presides over the Board and appoints the Executive Director General.
The structure and organization of the State Bar, will be established by Supreme Decree framed within the scope of their training and training competence.
ORGANIZATION AND ECONOMIC RESOURCES
CHAPTER I ADMINISTRATIVE STAFF
Article 29. (PERSONAL). The State Attorney General's Office will organize its staff internally. The
designation of all administrative personnel corresponds to the State Attorney General, in accordance with the basic rules of administration of personnel and laws in force.
Article 30. (BUDGET). The State Attorney General's Office 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 item assigned by the National Treasury, they are part of the budget of the State Attorney General's Office, its own income, and the income of the State Bar. These resources will also be subject to fiscal control.
Article 32. (RESPONSIBILITY). The elaboration, administration and execution of the budget are
responsibility of the State Attorney General, as established by the Government Administration and Control Act.
FIRST. The Executive Body within the maximum period of sixty days from the enactment of this Law,
will dictate the Regulatory Supreme Decrees, which develop the structure and organization, established in the present
rule, with the effect of establishing internal procedures in each case.
SECOND. Once the Supreme Regulatory Decrees, the President of the Plurinational State
of Bolivia, have been approved, Attorney General of the State.
THIRD. Since the Supreme Regulatory Decrees of this Law are in force, all fixed assets, movable property and property shall be transferred to the
State Attorney General's Office. property, as well as the budget allocated by the General Treasury of the Ministry of Legal Defense of the State, subrogating all the powers and privileges granted to the aforementioned Ministry.
ONLY. Once designated or designated by the Attorney General or the Attorney General State General, will be repealed
Articles 42, 43 and 44 of Supreme Decree No. 29894.
Remit to the Executive Branch, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at twenty-six days of the month of
November of two thousand ten years.
Fdo. Álvaro García Linera, Andrés A. Villca Daza, Pedro Nuny Caity.
Therefore, it was enacted so that Bolivia's Plurinational State Law is to be observed and complied with.
The Government Palace of the city of La Paz, five days a month from the 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.
OFFICIAL PRICE FOR THE ENTIRE COUNTRY Bs. 5