Law 44

Original Language Title: Ley 44

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law no 044

LAW OF OCTOBER 8, 2010

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has The following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECCRETA:

LAW FOR THE JUDGMENT OF THE PRESIDENT OR PRESIDENT

AND/OR OF THE VICE-PRESIDENT OR VICE-PRESIDENT, OF HIGH AUTHORITIES OF THE SUPREME COURT OF JUSTICE, AGRI-ENVIRONMENT COURT, COUNCIL OF THE MAGISTRATE,

PLURINATIONAL AND PUBLIC MINISTRY CONSTITUTIONAL COURT

TITLE FIRST

CONSTITUTIONAL FRAMEWORK AND GENERAL BASES

UNICO CHAPTER

BASES FOR JUDGING THE PRESIDENT OR PRESIDENT

AND/OR OF THE VICE-PRESIDENT OR VICE-PRESIDENT, OF HIGH AUTHORITIES OF THE SUPREME COURT OF JUSTICE, AGRI-ENVIRONMENT COURT, COUNCIL OF THE JUDICIARY,

PLURINATIONAL AND PLURINATIONAL CONSTITUTIONAL COURT PUBLIC MINISTRY

Article 1. (Constitutional Framework). This Law develops the Articles 159 attribution 11, 160 attribution 6, 161 attribution 7 and 184 attribution 4, of the Constitution of the State.

Article 2. (Scope of Application).

I. This Law regulates the substantiation and forms of resolution of trials for crimes committed in the performance of their duties against the President or President and/or the Vice President or Vice President of the Plurinational State and the Members of the Plurinational Constitutional Court, the Supreme Court of Justice, the Agro-Environmental Tribunal, the Council of the Judiciary and the Public Ministry.

II. For the commission of common crimes not related to the exercise of the authorities referred to in the preceding paragraph shall be judged by the appropriate jurisdiction.

Article 3. (Principles, Values and Guarantees). The process of substantiation and prosecution shall be subject to the principles, values and guarantees as laid down in Articles 115, 116 and 117 of the Constitution of the State.

Article 4. (Violation of Constitutional Rights). If the defendants have engaged in the violation of fundamental rights and constitutional guarantees, linked to the commission of any crime provided for in this Law, injuring such rights and guarantees, the sentence of conviction shall impose the sanction of temporary or final disablement of his/her mandate and/or exercise of his/her duties and the prohibition of exercising any public function, up to the maximum of the time provided for as a criminal sanction.

Article 5. (Prescriptibility).

I. The crimes of genocide, of humanity, of treason to the Fatherland and war crimes, are imprescriptible.

II. The crimes committed by public servants who attack the patrimony of the State and cause serious economic damage, they are imprescriptible and do not admit immunity.

Article 6. (Criminal Involvement). Those who have any form of criminal involvement with the authorities in the commission of any offence referred to in this Article, without being included in the exercise of the functions identified in the Article 161 attribution 7ª of the Constitution of the State, or those who act as instigators, accomplices or concealers of these crimes, will be jointly prosecuted the main cause. If they have not been included, they will be prosecuted for ordinary justice according to criminal law.

Article 7. (Duty of Collaboration).

I. For the fulfillment of the functions that this Law grants to the Prosecutor General of the State and to the Chambers of the Legislative Body, Commissions and Committees, the Judicial Branch, the Public Ministry, the Attorney General's Office of the State and the Bolivian Police, will have the obligation to collaborate in the required measures.

II. Every person, institution or public or private dependency, will be equally obliged to provide the information required by the Prosecutor or the Attorney General of the State and the Chambers of the Legislative Body, Commissions and Committees in the framework of the privileges conferred on this Law.

Article 8. (False denunciation or Temeraria). In case of false or reckless denunciation, the reported or reported, or accused or accused, may initiate the legal actions established in the Criminal Law.

Article 9. (Effects of the Santion).

I. In addition to the criminal sanction and that of disabling or prohibiting the exercise of any public function, the convicts shall provide the State with the civil damage resulting from the criminal act.

II. Judgment is absolute, the defendant may bring the action that corresponds against the complainant.

Article 10. (Alternatives to Judgment). In the substantiation of these procedures, no alternative exits will be applied to the criminal trial, such as the conditional suspension of the process, the abbreviated procedure, the extinction of the criminal action by criteria of opportunity or by reparation the civil damage, or the reconciliation.

Article 11. (Substitute). The provisions of the Code of Criminal Procedure shall be applied in any way that is not governed by this Law and is not contrary to its meaning and purpose.

TITLE SECOND

OF THE JUZGALDEU PRESIDENT OR PRESIDENT

AND/OR VICE-PRESIDENT OR VICE-PRESIDENT

UNICO CHAPTER

Article 12. (from the Scope of Application and from Offences). The President or President and/or the Vice President or Vice President of the Plurinational State shall be prosecuted when in the performance of their duties they commit one or more offences mentioned below:

a) Betrayal of the Homeland and total or partial submission of the nation to the foreign domain, provided for in Article 124 of the Constitution of the State and the Criminal Code in force;

b) Violation of the rights and individual guarantees enshrined in the Title II and Title IV of the Constitution of the State;

c) Misuse of influences;

d) Negotiations incompatible with the exercise of public functions;

e) Resolutions contrary to the Constitution;

f) Anticipating or prolonging functions;

g) Concussion;

h) Exactions;

i) Genocide;

j) Bribery and Codone;

k) Any other crime committed in the exercise of its functions.

Article 13. (from The Process). Any citizen will be able to file an indictment with the Prosecutor or the Attorney General of the State.

Article 14. (Process before the Prosecutor's Office). The Prosecutor or the Attorney General of the State, on the basis of the proposal received and with the background that could accumulate, within the maximum period of 30 working days, must formulate the accusatory requirement or, if necessary, the rejection of the proposal Article 15. Indictment rules the file of workers for lack of typicality and justiciable matter.

Article 15. (Jurisdictional Control).

I. The jurisdictional control from the beginning of the investigation, with the accusatory proposal, will be exercised by the Criminal Court of the Supreme Court of Justice.

II. The resolutions passed during this stage, will be used only, by means of an incidental appeal to another Chamber, without further appeal.

Article 16. (legislative Authorisation).

I. In the event that the Attorney General of the State or the Prosecutor General of the State exists, it will be necessary before the Supreme Court of Justice for the prosecution, which will be sent to the Assembly after consulting its Criminal Court. Plurinational Legislative, asking for its express authorization pursuant to the 7ª attribution of Article 161 of the Constitution of the State.

II. The Joint Commission of Plural Justice, Public Ministry and Legal Defense of the State, know the accusatory requirement and report to the Assembly of the Assembly Plurinational Legislative for the purposes of legislative authorization.

III. The Plurinational Legislative Assembly, by decision of at least two-thirds of the members present, shall grant the authorization of judgment and transmit all the A background to the Full Court of the Supreme Court of Justice.

IV. If, in a first vote, the number of votes necessary to authorize the prosecution is not counted, a second vote will be taken within the same period. legislation. If this second vote does not count with the number of votes required, the authorization of judgment will be rejected and the file will be filed.

Article 17. (From the preparatory stage). With the Legislative authorization, the preparatory stage begins, the development of which will be carried out by the Attorney General of the State under the judicial control of the Criminal Court of the Supreme Court of Justice.

Article 18. (from The Judgment).

I. The Supreme Court of Justice shall be constituted as a full collegiate court and shall in one instance judge the President or President and/or the Vice-President or Vice-President, without further appeal.

II. The trial will be conducted orally, publicly, continuously, and contradictory until sentencing is delivered.

III. The indictment will be raised and upheld by the Prosecutor or the State Attorney General.

IV. The sentence will be pronounced by two-thirds of the members of the Supreme Court of Justice.

Article 19. (Impossibility of other Processes). Whatever the outcome of the trial, no other process may be initiated for the same crimes or for the same facts.

Article 20. (Justice). If the Magistrate and Magistrates of the Supreme Court of Justice delay the administration of justice or the Prosecutor General of the State does not promote the prosecution in a diligent manner, they will be punished by the crime of Negative or Delay of Justice.

Article 21. (Supplements).

I. If, for any justified cause, one or several Magistrate and Magistrates of the Supreme Court of Justice cannot be aware of the judgment, the suplences shall be immediately summoned according to Law.

II. If the Supreme Court rejects it, it will not be the excuse of the person who invokes it. In case of resignation or resistance to comply with this obligation, the offender will be prosecuted for the crime of Negative or Delay of Justice.

III. In case will the parties be able to challenge more than one third of the members of the Court. The acefaliases will be supplied according to Law.

TITLE THIRD

OF THE MEMBERS OF THE SUPREME COURT OF JUSTICE, PLURINATIONAL CONSTITUTIONAL COURT, AGRI-ENVIRONMENT COURT AND COUNCIL OF THE

MAGISTRATE AND PUBLIC MINISTRY

CHAPTER I

GENERAL PROVISIONS

Article 22. (Scope of Personal and Material Application).

I. This Chapter, regulates the regime and procedures for the judgment of the members of the Supreme Court of Justice, of the Plurinational Constitutional Court, the Agro-Environmental Tribunal, of the Council of the Magistracy and the Prosecutor or the Attorney General of the State, for crimes committed in the specific exercise of their duties.

II. For the commission of common crimes not related to the exercise of their functions, they shall be judged according to the jurisdiction

Article 23. (precautionary measures). In the substantiation of these procedures, the following precautionary measures shall be applied:

I. Personal protective measures in cases that proceed shall apply from the time of the formal indictment.

II.

II. The real character, shall apply in accordance with the regime established in the Code of Criminal Procedure.

Article 24. (Special Disablement). The conviction may impose the special disablement of the sentenced person for a period not exceeding that of the principal penalty, which is computable from the fulfillment of the principal sentence. This special disable consists of:

1. The loss of the mandate, job, job or public function.

2. The inability to obtain mandates, positions, jobs or public functions, by popular choice or appointment.

3. Rehabilitation will occur ipso jure to the fulfillment of the penalty.

Article 25. (Continuity of the Process). When the sessions of the ordinary legislature are not sufficient to resolve the cause, it will continue its treatment within the framework of the Constitution of the State.

CHAPTER II

MEMBERS OF THE SUPREME COURT OF JUSTICE, PLURINATIONAL CONSTITUTIONAL COURT, AGRI-ENVIRONMENT COURT, THE COUNCIL OF THE

MAGISTRATE AND PROSECUTOR OR STATE ATTORNEY GENERAL

SECTION I

ETAPA PREPARATORY

Article 26. (Knowledge of the Crime).

I. The person who is aware of the commission of a crime in which the members of the Supreme Court of Justice, the Plurinational Constitutional Court, the Agro-Environmental Court, the Council of the European Union of the European Union Magistrate and the Prosecutor General of the State, committed in the performance of his duties, may denounce him before the President or President of the Chamber of Deputies, who shall forward to the President or President of the Commission of Justice Plural, Public Ministry and Legal Defense of the State of the Chamber of Deputies.

II. He or the complainants will be able to constitute plaintiffs, submitting in writing their complaint to the Committee on Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies.

III. the bodies responsible for criminal prosecution are aware, on their own initiative or at the same time, of the commission of a crime involving a member of the Supreme Court of Justice, of the Plurinational Constitutional Court, Agroenvironmental, the Council of the Magistracy, and the Prosecutor or the Attorney General the State, in the performance of its duties, shall send a record to the President or President of the Chamber of Deputies, who shall send the Chair or President of the Committee on Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies, for the exercise of the corresponding criminal action.

Article 27. (Organs of the Preparatory Stage).

I. The preparatory stage will be in charge of the Chamber of Deputies.

II. Corresponds to the Commission of Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies, through the Committee of State Public Ministry and Legal Defense, promote criminal action and direct research in the preparatory stage.

III. The judicial review of the investigation in the preparatory stage, will be carried out by the Commission Constitution, Legislation and Electoral System of the Chamber of Deputies.

IV. The resolutions issued during this stage will only be used by means of a Resource of Appellate Appeal of the Human Rights Commission of the Chamber of Deputies, without further recourse. The resolutions of the Human Rights Commission shall be adopted by an absolute majority of votes of those present. As appropriate, the rules provided for in the Code of Criminal Procedure will apply.

V. The Committees of Plural Justice, Public Ministry and Legal Defense of the State and Human Rights, for the proper implementation of the functions attributed in this Law, may require by regular conduit, independent specialized legal advice, that has no connection with the parts of the process.

Article 28. (Committee of the Public Ministry and Legal Defense of the State). The President or the Chair of the Plural Justice Commission, Public Ministry and Legal Defense of the State of the Chamber of Deputies, within the three

(3) days after the receipt of a record, he will decree in committee, his referral to the Committee of the Public Ministry and Legal Defense of the State, in order to develop the investigation and give notice at the same time to the Commission of the Constitution, Legislation and Electoral System of the Chamber of Deputies, on the initiation of the investigation.

Article 29. (Start of the Preparatory Stage).

I. The Public Ministry and Legal Defense Committee of the State, within thirty (30) days of receipt of a background, by means of a preliminary report, will recommend to the Committee on Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies, alternately:

1. Formalize imputation and continue the investigation subject to the provisions relating to the preparatory stage of the judgment laid down in the Code of Criminal Procedure, where the fact imputed is included in paragraph I of Article 22 of this Law and there are sufficient indications about its existence and the participation of the imputed or imputed.

2. Reject, in the cases provided for in the Code of Criminal Procedure, the complaint, complaint and consequently dispose of its file.

3. Refer the cause to the jurisdiction that corresponds when the facts do not constitute crimes committed in the exercise of their functions.

II. If the complaint has been filed, it may be objected to by the imputed or the imputed or the Committee of Public Ministry and Legal Defense of the State before the Plural Justice Commission, Public Ministry and Legal Defense of the State of the Chamber of Deputies, within three (3) days after its notification, due this deadline, the Commission will resolve the objection within the next three (3) days. As appropriate, the procedure and the resolution shall be subject to the provisions of the Code of Criminal Procedure. The Public Ministry and Legal Defense Committee of the State will not intervene in the resolution of the objection.

Article 30. (Deliberation on the Preliminary Report).

I. The President of the Plural Justice Commission, Public Ministry and Legal Defense of the State of the Chamber of Deputies, will convene within three (3) days of receipt of the report, a commission session to to consider the recommendations and determine the course of action to be followed. The session must be performed within the

ten (10) days following the call. The call will be accompanied by a copy of the Preliminary Report of the Committee of the Public Ministry and Legal Defense of the State and of all the records for its delivery to each member of the Commission.

II. Reunited the Commission with the quorum established, its President or President will order the full reading of the Preliminary Report and will grant the use of the word to members who wish to express their opinions, who will be able to present alternative projects of recommendations that will be read in the same act.

Article 31. (Vote on the Preliminary Report). Concluded the deliberation, the President or the President of the Commission shall put to the vote the draft recommendations which have been submitted. It shall be adopted as a decision of the Commission, the draft having the majority of the votes required; the decision, the President or the President of the Commission, shall take the necessary measures to comply with it.

When the decision is taken be rejected, the action shall be terminated and the file shall be disposed of.

When the Commission has decided to forward the antecedents to the ordinary justice, the President or the President shall send them within three (3) days. The following.

The resolution adopted by the Commission will not be This resolution must be made known to the Committee on the Constitution, Legislation and the Electoral System of the Chamber of Deputies, in relation to the decision taken.

Article 32. (Development of the Preparatory Stage). When the decision of the Commission is for the imputation, the Committee of the Public Ministry and the Legal Defense of the State will have to carry out the necessary acts of investigation, the same ones that must be concluded within the maximum period of three (3) months, (a) to be calculated using the imputation resolution. When the investigation is complex, at the request of the Public Ministry and Legal Defense Committee of the State, the Committee on the Constitution, Legislation and Electoral System of the Chamber of Deputies will be able to extend this period for an additional period of time. up to thirty (30) days.

Article 33. (Report in Conclusions). When the Committee of the Public Ministry and Legal Defense of the State concludes the investigation, by means of a Report in Conclusions, it will forward to the Commission of Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies, Alternatively recommending:

1. Submit a draft indictment to the Chamber of Deputies ' plenary against the defendants, when it considers that the investigation provides grounds for their public criminal prosecution.

2. Decree the dismissal, when it becomes clear that the fact did not exist, does not constitute a crime or that he or the accused did not participate in it, or when it considers that the elements of proof are insufficient to substantiate the accusation.

Article 34. (Consideration of the Report in Conclusions by the Commission). Received the Report in Conclusions, its processing shall be subject to the provisions of Article 30 of this Law, shall be pronounced by the prosecution or the dismissal of the imputed without further recourse, and shall be made known to the Constitution Commission, Legislation and Electoral System of the Chamber of Deputies.

Article 35. (Referral of Actuations or File of Workers). The President or the President of the Committee of Plural Justice, Public Ministry and Legal Defense of the State of the Chamber of Deputies, adopted the decision, within the next three (3) days, according to the case, will forward the Draft with their background to the President or the President of the Chamber of Deputies or will have the file of the actions for the case of dismissal.

Article 36. (Accusation by the Chamber of Deputies). The President or the President of the Chamber of Deputies, received the draft indictment with his background, within three (3) days of following, will put on schedule the Accusatory Proposal, which must be dealt with by the Chamber's plenary session. within ten (10) days of its receipt. With the call, you will be accompanied by a copy of the draft indictment and the background for your submission to each member of the House.

Article 37. (House debate) Meeting the Chamber of Deputies with the regulatory quorum, its President or President, will order the full reading of the draft indictment and will grant the use of the word in the following order to the members of the Plural Justice Committee, Public Ministry and Legal Defense of the State, the complainant, the defense, the accused and the present members of the Chamber enrolled in the role of speakers.

Article 38. (Vote). Concluded the debate, the President or the President of the Chamber of Deputies, will submit the Draft of Impeachment to the vote, the one that will be adopted as a decision of the House if it counts with the affirmative vote of the absolute majority of the members present. Otherwise, the criminal action must be rejected and the criminal action must be declared extinct.

No members of the Committee on Plural Justice, the Ministry of Justice and the Ministry of Justice, will be able to intervene in the vote. Public and Legal Defense of the State, of the Commission of Constitution, Legislation and Electoral System and of the Commission of Human Rights that would have intervened in the development of the preparatory stage.

Article 39. (Suspension in the Exercise of Functions). The approval of the charge, will entail the suspension of the defendant or the defendant

in the exercise of his office and will proceed to his replacement, in accordance with the rules of the matter.

Article 40 (Formalization of the Indictment). The President or the President of the Chamber of Deputies, within five (5) days following the approval of the Indictment Resolution, will formally present it to the Senate for the public prosecution of the accused, offering the charge tests to be used at the trial hearing.

SECTION II

TRIAL PROCEDURE

Article 41. (Organs of the Stage of Judgment).

I. The holders and Senators and/or alternates shall constitute the Court of Judgment, according to the following procedure:

1. Before taking cognizance of the cause, the Chamber of Senators assembled in full and with the regulatory quorum, by a simple majority will elect three Senators or Senators from among its members, who will meet and resolve in the trial stage, in a single and in a single hearing, on the legality or illegality, of the resolved excuses or recusations that could be raised. Members of this Collegiate Corps may not be challenged, nor shall they make excuses for any reason; they shall also not be a part of the Court of Judgment.

2. With the exclusion of these three members, the session will continue prior to verification of the existence of a regulatory quorum, followed by the Court of Judgment with the Senators and Senators present.

3. The Court, the Resolutions and the Judgment shall be adopted with the vote of at least two-thirds of the members present.

II. The Chamber of Senators, for the proper performance of the functions assigned in this Law, may require, through regular channels, independent specialized legal advice, which has no connection with the

III. The Plural Justice Commission, Public Ministry and Legal Defense of the State of the Chamber of Deputies, will be in charge of supporting the indictment.

Article 42. (Substantiation of Judgment). The substantiation of the trial will be subject, in all relevant to the provisions of the Oral and Public Judgment established in the Code of Criminal Procedure.

Article 43. (Inmediation and Continuity).

I. The Members or Senators of the Court are required to attend the entire trial hearings, including deliberation and judgment, without interruption.

II. Without prejudice to the effect The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that Constitution of the State, the laws of the State and its regulations.

III. The trial hearings shall be held in the days and hours defined by the Tribunal until the judgment is delivered; respecting the principles of continuity and inmediation.

Article 44. (Deliberation). Concluded the debate, the deliberation will proceed, and the President of the Court must present the draft of the judgment, without prejudice to the members of the Tribunal being able to present alternative projects.

The judgment may be Damning or absolute, and must contain the following duly substantiated aspects:

Those relating to incidents that have been deferred for that time.

Those relating to the existence of the fact or the punishable facts.

The legal status of the facts held by proven facts.

Acquittal or conviction of the defendant; and,

In case of conviction, the imposition of the applicable sanction.

The decision shall be taken by at least two-thirds of the votes of the members of the Tribunal.

The judgment shall be notified with its full reading and the parts will receive a copy of it.

Article 45. (Judgment).

I. A damning sentence will be issued when, in the judgment of two thirds of the members present, the evidence provided is sufficient to generate conviction on the criminal liability of the defendant or the defendant.

II. The absolute statement will be dictated when:

The allegation has not been proven;

The evidence provided is not sufficient to generate conviction on the criminal liability of the defendant or defendant;

It is shown that the fact did not exist, does not constitute a crime or that the accused or the defendant did not participate in it;

Exist any cause of the criminal liability;

Not reached two-thirds of the votes for conviction.

Article 46. (Effects of Absolution). The absolute judgment will order the defendant's liberty or defendant in the act and the cessation of all the precautionary measures, his immediate restitution in office, requesting damages and public honor, establish the costs and, where appropriate, declare the fear or malice of the complaint or the complaint for the purposes of the corresponding liability.

The Chamber of Senators shall have the publication of the resolutive part of the Absolute Judgment in a written means of national movement from the State or the complainant, corresponds.

SECTION III

OF THE RESOURCES

Article 47. (General Provision). Without prejudice to the rules laid down in this Law, the processing of the resources shall be subject, as appropriate, to the provisions of the Code of Criminal Procedure and, where appropriate, to the Regulations of each of the Chambers.

Article 48. (Resource of Replenishment).

I. The Resource of Replenishment shall proceed against the providences of mere processing rendered during the preparatory stage and the stage of the trial and against the interlocutory resolutions handed down during the stage of the trial.

II. The Board of Appeal shall be the jurisdiction of the same Court that issued the judgment and shall have the purpose of the Court, warning of its error, revoking or modifying its decision. Resolutions shall be adopted by a simple majority of votes.

III. During the preparatory stage the appeal shall be filed in writing within twenty-four (24) hours of notification of the decision to the appellant. During the hearing of the trial the appeal will be held orally at the same hearing. In both cases it must be duly substantiated.

IV. The Court must resolve the Appeal within twenty-four (24) hours, if it has been raised in writing or in the same act if it has been raised in the hearing.

Article 49. (Resource of Incidental Appeal).

I. The Appellate Appeal will proceed against the interlocutory resolutions expressly noted in the Criminal Procedure Code, issued during the preparatory stage.

II. Your resolution will be competence of the Commission on Human Rights of the Chamber of Deputies and decisions shall be taken by an absolute majority of votes.

III. The appeal will be brought before the Constitution, Legislation and Electoral System Commission within three (3) days of the appellant's notification with the resolution. The Board of Appeal shall notify the other parties so that within three (3) days the Board of Appeal will reply.

Due to this deadline, the Commission will forward the actions to the Human Rights Commission for resolution.

IV. The actions, the Commission on Human Rights in Session of the Commission, will be resolved in a single resolution, by the admissibility and the origin of the same, within the next ten (10) days.

Article 50. (Resource of Restricted Appeal).

I. The Restricted Appeal Facility shall be filed for non-compliance or misapplication of the Act and shall proceed against the Conviction Judgment given by the Chamber of Senators.

II. The resolution of the appeal

resolution modifying the judgment must be adopted by the vote of at least two-thirds of its members present. If this result is not obtained, the judgment will remain firm and subsisting.

III. The appeal will be filed with the Chamber of Senators in writing and duly substantiated within the fifteen (15) days notice of the appellant with the sentence of conviction. Received the appeal, the Chamber of Senators will notify the other parties to answer within ten (10) days. Within three (3) days of the deadline, the House of Senators will refer the actions to the Presidency of the Plurinational Legislative Assembly.

IV. Received the performances, both Chambers, gathered in Session of Assembly, will resolve the resource within twenty (20) days following.

Article 51. (Extraordinary Review Facility).

I. The Extraordinary Review Facility proceeds at all times in favor of the convicted and on the grounds expressly stated in the Code of Criminal Procedure.

II. The appeal must be filed in writing

III.

III.

III. Received the appeal, the Chamber of Senators shall resolve within the following twenty (20) days, by simple majority of votes of those present.

TRANSIENT

First. The liability judgments that are find substantiating the charge against Presidents and/or Vice Presidents of the Republic, Ministers and Prefects of the Department, on the one hand, and Ministers of the Supreme Court of Justice, Magistrates of the Constitutional Court, Judiciary and Attorney General of the Republic, on the other hand, for crimes committed in the performance of their duties, will be substantiated and resolved in accordance with the provisions of Law No 2445 of 13 March 2003 and Law No. 2623 of 22 December 2003.

Second.

I. The judgments of responsibility to High Dignitaries of State, pending legislative approval, will be resolved in accordance with the provisions of Law No 2445, and the Legislative Assembly should assume the functions of the The Supreme Court of Justice (Supreme Court), the Supreme Court of Justice.

II. The Joint Committee on Plural Justice, Public Ministry, and State Legal Defense, will know the Complaint and report to the plenum of the Plurinational Legislative Assembly for the purposes of legislative authorization.

Third. In the meantime, the members of the Supreme Court of Justice, the Plurinational Constitutional Court, the Agro-Environmental Court, the Council of the Judiciary, and appointed or appointed the Prosecutor or the Prosecutor General of the State, this Law shall apply in respect of the Supreme Court of Justice, Constitutional Court, Council of the Judiciary and the Attorney General of the Republic.

Unica

OPENING AND ABROGATORY PROVISIONS

I. Abrogate Act No. 2445 dated March 13, 2003 and Law No. 2623 dated December 22, 2003, with the provisos provided for in the Transitional Provisions of this Law.

II. provisions contrary to this Law.

Remitase to the Executive Body, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at the thirty days of September of the year two thousand ten.

Fdo. René Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Luis Gerald Ortiz Alba, Clementina Garnica Cruz, Pedro Nuny Caity, Angel David Cortes Villegas.

Therefore, it has been enacted to comply with the law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, eight days from the month of October of two thousand ten years.

FDO. EVO MORALES AYMA, Oscar Coca Antezana, Nilda Copa Condori.