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Article 53. (Judges verdict). Sentencing judges are c Law No. 007 law of May 18 2010 ALVARO MARCELO García LINERA President in exercise of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: law amendments to the criminal article 1 normative system. (Amendments to Act No. 1970 of 25 March 1999, of the code of criminal procedure). Amending articles 11, 53, 54, 210, 222, 223, 226, 233, 234, 235, 235 ter, 239, 240, 242, 243, 252, 253, 300, 301, 321, 323, 325, 392 of the law No. 1970 of 25 March 1999 (law of the code of criminal procedure), which will be written in the following way:? Article 11. (Guarantee of the victim). The victim by itself or through an attorney, is a private or State, may intervene in the criminal proceedings even if it had not become Prosecutor.
Article 53. (Judges verdict). Sentencing judges are competent to understand the proceedings and resolution: trials for crimes of private action;
The trials for crimes of public action, punished with deprivation of liberty or deprivation of liberty whose legal maximum is four or fewer years;
The trials for flagrant crimes of public action, in accordance with the immediate procedure laid down in this code;
The procedure for the repair of damage, where it has given conviction; and the action of freedom, when it is raised before them.
Article 54. (Instruction judges). The co-investigating judges are competent to: control of the investigation, subject to the powers and duties provided for in this code;
Issue judicial resolutions that apply during the preparatory stage and the application of criteria of opportunity;
The conduct and resolution of the abbreviated process;
Resolve the implementation of the immediate procedure for flagrant offences;
Direct preparation of trial hearing and resolve on issues and incidents raised therein;
Decide the suspension of the process proof;
Approved conciliation, whenever appropriate, when it is presented to them;
Decide on requests for international judicial cooperation;
Meet and resolve the seizure of goods and their incidents; Meet and resolve the action of freedom, if there were no sentencing judges in their judicial seat, when it is raised before them.
Article 210. (Excuse and disqualification). The experts can make excuses or be objected to for the same reasons set out for judges, except for their participation at any stage of the process. The judge or court shall decide as appropriate, previous summary inquiry into the reason invoked without further recourse.
Article 222. (Character). Personal precautionary measures shall apply with restrictive criteria and will run so that they may impair as little as possible to the person and reputation of those affected.
Measures prudential real character, shall be those laid down in the code of Civil procedure, be imposed only in the cases expressly specified by this code, as well as the payment of costs and fines.
Article 223. (Spontaneously). The person who starts a process, may submit personally proving its identity to the Prosecutor in charge of the investigation, asking for his statement, which will keep its freedom is received SBI manifest on the application of a measure precautionary.
If the Prosecutor does not pronounce within the forty and eight hours, the accused will be present before the investigating judge so resolve about the provenance of their freedom or any measures precautionary.
The spontaneous presentation alone does not detract the procedural hazards that motivate the implementation of measures precautionary.
Article 226. (Apprehension by the prosecution). The Prosecutor may order the arrest of the accused, when their presence is required and there is sufficient evidence of that is the author or participant of a public action crime punishable by deprivation of liberty, whose legal minimum be equal osuperior to two years and that can hide, escape or leave the place or hinder the ascertainment of the truth , except for the offences provided for and punished by the articles 132 bis, 185, 254, 271 first paragraph and 331 of the Penal Code.
The apprehended person will be put at the disposal of the judge, within the period of twenty-four (24) hours, resolved within the same time, on the application of any measures of precautionary envisaged in this code or has ordered his release for lack of evidence.
Article 233. (Requirements for pre-trial detention). The formal accusation has been made, the judge may order the pre-trial detention of the accused, to order informed the public prosecutor or the victim but not he become Prosecutor, when there are the following requirements: 1. the existence of sufficient conviction to hold that the accused is, with probability, author or participant of a punishable act.
2. the existence of sufficient conviction that the accused must not be subjected to the process or hinder the ascertainment of the truth.
Article 234. (Danger of leakage). Danger of leakage refers to any circumstance allow founded hold that the accused do not undergo the process seeking to evade the action of Justice.
To decide about its concurrence, will be a comprehensive assessment of the existing circumstances, especially taking into account the following: that the defendant has no domicile or habitual residence, family, business or work settled in the country;
Facilities to leave the country or remain hidden;
The evidence of the accused by performing preparatory acts of escape;
The behaviour of the accused during the process or elsewhere above, to the extent that indicate his will not undergo the same;
The attitude which the accused voluntarily adopts with respect to the importance of the compensable damage;
Accused by the Commission of other intentional offence or haberrecibido condemns sentence of freedom in the first instance;
Have you applied any output alternatives by fraudulent offense;
The existence of repeated or previous criminal activity;
Belonging to criminal associations or criminal organizations;
Effective danger to society or to the victim or the complainant; and any other circumstances duly accredited, allowing to hold founded that the accused is in risk of absconding.
Article 235. (Danger of obstruction). Danger of obstruction means any circumstance allow hold strongly, that the accused with his behavior calls the ascertainment of the truth. To decide about its concurrence will be a comprehensive assessment of the existing circumstances, especially taking into account the following: that the accused destroy, modify, hide, delete, or falsify, elements of proof;
That the accused will influence negatively on the participants, witnesses or experts, to object that falsely report or behave in a reluctant manner;
That the accused will influence illegal or unlawfully in judges of the Supreme Court, judges of the Constitutional Tribunal plurinational, vowels, technical judges, judges citizens, prosecutors or officers and employees of the system of administration of Justice.
That the accused induces others to perform the actions described in paragraphs 1, 2 and 3 of this article.
Any other circumstances duly accredited allowing founded that the accused, holding directly or indirectly hinder the ascertainment of the truth.
Article 235 ter. (Resolution). The judge attending the arguments and evaluating the evidence offered by the parties, will solve founded having: the inadmissibility of the application;
The application of the measure or measures requested;
The application of a measure or less serious than the requested measures; or the application of a measure or measures more severe than the requested and even pre-trial detention.
Article 239. (Cessation of pre-trial detention). Pre-trial detention shall cease: when new evidence to show that do not concur the reasons that was founded or become suitable to be replaced by another measure;
When their duration exceed the legal minimum of the punishment prescribed for the most serious crime that is judged; and when their duration exceed eighteen (18) months unless it was issued indictment or thirty-six (36) months without causing it any dictation sentence.
(Expired deadlines laid down in the paragraphs 2) and 3), the judge or court shall apply measures precautionary corresponding envisaged in article 240 of this code, provided that the delay is not attributable to the dilatory actions of the accused.
Article 240. (Alternative measures to pre-trial detention). When pre-trial detention is inadmissible and there is danger of flight or obstruction of the procedure, the judge or court, by reasoned decision, may order the application of one or more of the following alternative measures: 1. the house arrest in his own home or in another person, without any supervision or with which the Court available.
If the accused cannot provide economic needs or those of your family, or if you are in a situation of indigence, the judge may authorize to be absent during the workday;
2. obligation to appear periodically before the judge, court or authority designated;
3 prohibition of out of the country, the town in which it resides or the territorial scope set by the judge or court, without your authorization, ordering the roots to the competent authorities;
4 prohibition from going to certain places;
5 prohibition of communicating with certain persons, provided that it does not affect their right to defense; and 6. Fianza juratoria, personal or economic. Economic bail can be paid by the accused or another person by deposit of money, values, Constitution of pledge or mortgage.
To resolve the implementation of the measures listed above, the judge or court will determine the conditions and rules which shall comply with the accused, with the express warning that committing a new crime or failure to comply with the imposed rules, will result in the revocation of the measure and its replacement by another more serious, even preventive detention when it is coming the victim making use of the word.
Article 242. (Fianza Juratoria). The fianza juratoria will proceed when it is foreseeable that the accused will be benefited with conditional suspension of the penalty, the judicial pardon or show state of poverty that hinders him constitute real or personal guarantee.
The accused benefited with this measure must comply with the following requirements: appear before the Prosecutor or the judicial authority the time that may be required;
Attend any procedural action concerned; and not change the address designated for this purpose, for which the accused is obliged to periodically present the certificate of house registration issued by the competent authority, not to leave the country without prior authorization of the judge or Court of the cause, who will have the corresponding roots.
Article 243. (Personal bond). The personal bond consists of the obligation to assume two or more persons solvents with independent wealth, of presenting the accused before the judge who knows the process times that required.
In the event of failure of the accused to appear, the guarantor will pay the sum determined by the judge, which will be sufficient to meet the cost of capture and the costs to this effect.
When there are multiple guarantors, assume an obligation jointly and severally.
Fasteners may not submit personal deposit to any other accused, bail offered and accepted for the duration.
The judge, at the request of the guarantor, may accept its replacement.
Article 252. (Precautionary measures real). Without prejudice to the legal mortgage established by article 90 of the criminal code, the precautionary measures of character real will be arranged by the judge of the process at the request of a party, to ensure the repair of the damage and the damage, as well as the payment of costs or fines, whose effect may be required the embargo on bail provided that in the case of goods of the accused.
The procedure is governed by the code of Civil procedure, without demanding equitable to the victim in any case.
The preventive annotation of the assets of the accused can be arranged directly by the Prosecutor from the first moment of research, through reasoned resolution, which must be informed the judge exercising judicial review within the period of twenty-four (24) hours of having been become effective, must judge ratify, modify, or revoke within three (3) days of communicated as the same.
Article 253. (Request for seizure). The seizure will apply on heritage, the means and instruments for the Commission or financing of the crime, which belong to the accused or potential instigators and accomplices of the behaviors described by the Prosecutor.
In fact knowledge by any of the forms to initiate the criminal investigation, the Prosecutor within a period of preliminary proceedings for the alleged Commission of the offence or to the Act referred to in section 230 of the Act N ° 1970, will be required before the judge of instruction, the seizure of the heritage, means and instruments that belonged to the accused possible instigators and accomplices of the offences qualified as a criminal offence.
The Prosecutor shall be required before the investigating judge, the retention of funds in bank accounts or national financial institutions and foreign belonging to the accused, possible instigators and accomplices, as well as request a report from financial banking performance that they have made in the past twelve months.
Will the real and personal property be under custody of the address of registration, Control and management of goods seized? DIRCABI.
In the case of being controlled substances in planes, boats and motor vehicles, will proceed to the confiscation of goods and their delivery to the address of registration, Control and management of goods seized - DIRCABI, entity after the registration and technical expert report, will proceed to the final delivery to the armed forces in the case of small planes and boats , and the public prosecutor's Office or other public institutions in the case of motor vehicles so they are under its administration and custody.
Article 300. (Term of the preliminary investigation). Preliminary investigations by the police, must be concluded within a maximum of twenty (20) days after the start prevention. Within twenty-four (24) hours, police sent to the Prosecutor's Office background and kidnapped objects, unless the Prosecutor stated at any time your referral.
Article 301. (Study of the police actions). Received the police actions, the Prosecutor will analyze its contents to: 1. be charged formally attributed crime, if the legal requirements are gathered.
2 order the complementation of criminal police, fixing a reasonable period not to exceed ninety (90) days, except to complex investigations being compulsory communication of the extension to the investigating judge.
3 provide rejection of the complaint, the complaint or policing, and in consequence his file;
and 4. Ask the investigating judge the conditional suspension of the process, the application of a criterion of opportunity, the abbreviated procedure or the conciliation proceedings.
The period laid down in article 134 of the code, will begin to run from the last notification with imputing to the accused.
Article 321. (Effects of the excuse and disqualification). Produced the excuse or promoted the challenge, the judge cannot be in the process no act, under penalty of nullity. Accepted the excuse or the objection, the separation of the judge shall be final though they disappear then the causes that determined them.
Excuses and challenges must be rejected in limine when: non-causal impending;
Present without proof in cases where required; or having been rejected, be repeated in the same terms.
Article 323. (Conclusive acts). When the investigation is concluded by the Prosecutor: presented to the investigating judge the accusation if it considers that research provides the Foundation for the public prosecution of the accused;
Will require the application of the abridged procedure or a criteria of opportunity before the judge of instruction, conditional suspension of the process, or that promote the reconciliation;
You will Decree the dismissal, substantiated way when it becomes evident that the fact there was no, that does not constitute a crime or that the accused did not participate in it, and when it deems the evidence insufficient to substantiate the accusation.
(In the cases provided for in the numeral 1) and 2), shall forward to the court proceedings and evidence.
Article 325. (Final hearing). Presented the final requirement in the case of the numeral 1) and 2) Article 323 of the code, the judge, within twenty-four (24) hours, summon the parties to an oral and public hearing that must be carried out within one period of not less than six (6) nor more than twenty (20) days, computable from the notification with the call.
Notified the call, the Parties shall have a common term of five (5) days to examine the final requirement, proceedings and evidence gathered in the investigation and to provide the necessary means of proof.
At the hearing the parties may: observe the fiscal or particular accusation by formal defects, requiring correction;
Infer exceptions and incidents, when they have not been raised previously or merge into new facts;
Ask the resolution of exceptions and outstanding incidents;
Consider incidents of evidentiary exclusion or observations on the admissibility of evidence, for which purpose the parties must submit documentary and material proof offered in the indictment;
Propose the facts about which there is no controversy and that the judge will be accredited, obviating the evidentiary action in the trial. They may also propose agreements about the means of proof that will be necessary so that certain facts may be tested. The investigating judge, however, stating the reasons which justify it, you can disassociate itself from these agreements.
The audience will be directed by the investigating judge and during its realization will not accept the submission or
reading of writings. Installed the audience, the investigating judge shall grant the word for a short time and by your order to the Prosecutor, accusing individual and defense, which will discuss the provenance or admissibility of the questions and the relevance of the offered test.
The Prosecutor in the same hearing, may clarify or correct the charge. If correction requires further analysis of the public prosecutor, the judge will have the return of the indictment and suspended the hearing for five (5) days for your new request. If there are no more observations, it will be by sound.
Article 392. (Prosecution of judges). The judges will be judged according to the common procedure. Only they will be suspended from office by the Council of the judiciary, when they are formally charged before the investigating judge.?
ARTICLE 2. (Immediate procedure for flagrant offences). Is added the title V to the second book? Special procedures and modifications to the common procedure?, the second part? Procedures? Act No. 1970 of 25 March 1999, of the code of criminal procedure, with its subsequent amendments, being drafted with the following text:? Title V procedure immediately for offences FLAGRANT article 393 bis. (Provenance). In the resolution of formal charges, the Prosecutor may request the investigating judge the immediate procedure for flagrant offences in accordance with the rules of this title, when the accused is caught or apprehended in the Commission of an offence in flagrante delicto.
If it's a case against several defendants, will only be possible if all are in the situation referred to in the preceding paragraph and are involved in the same incident.
Related crimes in which other defendants are involved will not accrue to the immediate procedure by flagrante delicto.
Article 393 ter. (Audience). At oral hearing, the investigating judge will hear the Prosecutor, the accused and his counsel, the victim or the complainant, will verify compliance with the conditions of origin provided for in the preceding article and shall decide on the application of the procedure.
If the judge accepts the immediate procedure by flagrante delicto, at the same hearing, the Prosecutor may: request the implementation of an alternative output, including the fast-track procedure when fulfilled the requirements laid down in this code;
If you need to perform acts of investigation or recovery of complementary evidence, ask the judge the time deemed necessary, that it may not exceed forty-five (45) days. The judge shall decide on the request of the Prosecutor, prior intervention of the victim and defense;
If it considers that it has sufficient elements of conviction, it will present the accusation and will offer the test at the same hearing. The complainant may adhere to the indictment of the Prosecutor or accused particularly at the same hearing and will provide your proof of charge. The public, and if the particular accusation, accusation will be knowledge of the accused at the same hearing, for offering within a maximum period of five (5) days your disclaimer test. Expiry of this period, immediately the examining magistrate designated day and time of hearing of trial preparation, same to be carried out within three (3) days. However, informed the Defense requests, the judge may extend the deadline for the submission of proof of release by the maximum term of forty five (45) days.
Ask for the preventive arrest of the accused, when if any of the requirements laid down in article 233 of the code, to ensure their presence at the trial. The request may not be refused by the judge of instruction, except for the cases of inadmissibility of pre-trial detention.
The resolutions that the judge issuing the numerals 2 and 3 in accordance with the provisions of this article, shall not be subject to recourse.
Article 393 c. (Immediate trial preparation hearing). In the preparation of trial hearing, the parties may: observe the fiscal or particular accusation by formal defects, requiring correction;
Infer exceptions and other means of defence, when they have not been raised previously or merge into new facts;
Consider incidents of evidentiary exclusion or observations on the admissibility of evidence, for which purpose the parties must submit documentary and material proof offered in the indictment;
Propose the facts about which there is no controversy and that the judge will be accredited, obviating the evidentiary action in the trial. They may also propose agreements about the means of proof that will be necessary so that certain facts may be tested. The investigating judge, however, stating the reasons which justify it, you can disassociate itself from these agreements;
Raise any matter or incident to better prepare for trial.
The audience will be directed by the investigating judge and during its realization will not accept the presentation or reading of writings. Installed the audience, the investigating judge shall grant the word for a short time and by your order to the Prosecutor, accusing individual and defense, which will discuss the provenance or admissibility of the questions and the relevance of the offered test. The Prosecutor may at the same hearing, charged to present the respective written within a maximum of twenty-four (24) hours following the audience, clarify or correct the charge that is not substantial; the judge in the same Act will be transfer other procedural subject. If there are no more observations, it will be by sound.
After the hearing, the investigating judge immediately resolve all the issues raised, unless by the lateness of the hour or the complexity of the issues to be resolved to the reasoning of the decision it deviate up to forty-eight (48) hours extended. Decisions on the admissibility of proof and evidentiary exclusions are not actionable.
In the same resolution on the issues raised, the investigating judge will dictate auto opening of trial, providing the referral of the indictment public and private, the letter of offer of the defense and the documentary and material evidence offered to the trial judge.
Article 393 quinquer. (Immediate trial). Based the cause, the trial judge designated day and time of hearing of the conduct of the trial, which will take place within one period not exceeding five (5) days.
The day and time of hearing, verified the presence of the parties, the judge granted the word to the Prosecutor's Office perform the substantiation of his indictment; afterwards, will the word accusing individual to substantiate his accusation and a victim if requested; then to the accused for the purpose of knowing if it will use at the time of his defence material and finally will be the word technical defense present its case. It will not be reading the accusations nor the offer of proof of the defence.
Opened the debate, will receive the proof of the public prosecutor's Office, then test the accusation particular and finally testing the defense, in the order in which each party considers appropriate for your presentation. If the accused decides to testify as part of the test of the defense, it will be treated according to the rules of witnesses at trial.
After the production of the test, each party, beginning with the Public Ministry, will have the opportunity to make his plea to conclusions, ultimately giving the word to the victim and the accused, in that order, to the effects that can make its final manifestation.
In everything else, the rules laid down for the ordinary court, as provided in this code shall apply.
Article 393 sexter. (Judgement). After the allegations of the parties, the trial judge shall sentence immediately, in accordance with the provisions of the articles 361 and following of this code, however, may not differ the drafting of principles, must be unabridged reading of it.?
ARTICLE 3. (Amendments to the law No. 1768 of March 10, 1997, amendments to the Criminal Code). Articles 174 and 177 bis amending Law No. 1768 of March 10, 1997, of amendments to the criminal code, with subsequent reforms, being written with the following text:? Article 174. (Consortium of judges, prosecutors, police officers and lawyers). The judge or prosecutor who corrupts the formation of consortia with one or more lawyers or police, or formare part of them, in order to procure illicit economic benefits at the expense of the sound administration of Justice, shall be punished with imprisonment of five to ten years.
Identical sanction will be imposed on the lawyers who with equal purpose and effect, concertaren such consortia with one or several judges, prosecutors or police officers or other lawyers or belong also part of them.
Article 177 bis. (Delay of Justice). The judicial or administrative official guilty of malicious delay, shall be punished with the penalty provided for the offence of refusal or delay of Justice. Do you mean malicious, caused delay for any unlawful purpose.?
ARTICLE 4. (Amendment to law No. 2298 of December 20, 2001, Penal Enforcement and Supervision). Be added to the end of section 48 of the Act No. 2298 of 20 December 2001, of Penal Enforcement and monitoring, the following text:? The Director-General of penitentiary system, exceptionally, available the immediate transfer of a private or deprived of freedom to another penitentiary grounds, when there is imminent risk of his life or his conduct put at risk the life and safety of people deprived of their liberty.
The Director-General of penitentiary regime, if the transfer of a deprived of freedom to another venue, is already arrested preventive or penal or sentenced execution, shall bring to the knowledge of the judge of the cause and of the penal execution judge as appropriate within the maximum of forty-eight (48) hours, and must attach an informed report that supports the decision.
The judge penal enforcement or in its case, the judge, prior assessment of the records sent by the Director-General of penitentiary system, shall take a decision within a maximum period of five (5) days ratifying or revoking the transfer.
Be ratified if transfer, must be sent notebook research or the acted rooted in the Court of Penal Enforcement, in order to guarantee the right to defence of the private freedom.?
FINAL PROVISION SOLE FINAL PROVISION. The judicial or administrative authority that have to apply a standard of the Bolivian legal system, you must do so, in all cases, subject to the political Constitution of the State taking into account the principles, values and purposes that support the State, constitutional jurisprudence, only in that which does not contradict the tenets of the Supreme law being binding.
ABROGATORIAS AND REPEALING PROVISIONS ABROGATION PROVISION. All provisions contrary to this law will abrogate.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative multinational, to the seventeenth day of the month of may of two thousand ten years.
FDO. Rene Martinez Callahuanca, Hector Enrique Arce Zaconeta, Andres Villca Daza, Clementina Garnica Cruz, Angel David Cortés Villegas, Juan Luís Gantier Zelada.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the 18 days of the month of may of two thousand ten years.
FDO. ÁLVARO MARCELO García LINERA, Oscar Coca Antezana, Nilda Copa Condori, Nardy Suxo Iturri.
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