Key Benefits:
law nº 004
LAW OF MARCH 31, 2010
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EVO MORALES AYMA
PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
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For How Much, The Legislative Assembly Plurinational, it has sanctioned the following Law:
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THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
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D E C R E T A:
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LAW OF FIGHT AGAINST CORRUPTION " N, ENRICHMENT ILA • CITO
AND RESEARCH " N DE FORTUNES “MARCELO QUIROGA SANTA CRUZA€ •
CAPA • TITLE I
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GENERAL PROVISIONS
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ArtA-article 1. (Object). This Law aims to establish mechanisms, and procedures within the framework of the State-Law Constitution, laws, treaties and international conventions, aimed at preventing, investigating, prosecuting and punishing acts of corruption committed by servants and public servants and former servants and former public servants, in the performance of their duties, and natural persons or legal persons and legal representatives of legal persons, public or private, national or foreign who commit or affect State resources, and/or recover the State-affected assets of the competent jurisdictional bodies.
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ArtA-ass 2. (Definition of Corrupt). It is the requirement or acceptance, the offer or direct or indirect grant, of a public servant, of a natural or legal person, national or foreign, of any object of pecuniary value or other benefits such as divas, favors, promises, or benefits for sA-himself or for another person or entity, in exchange for the action or omission of any act affecting the interests of the State.
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ArtA-article 3. (Purpose). This Law is intended to prevent, end impunity in acts of corruption and the effective fight against corruption, recovery and protection of the state's patrimony, with the active participation of the entities public, private, and civil society.
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ArtA-ass 4. (Principles). The principles that govern this Law are:
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Sum QamaA ± a (Living well). Complementarity between access and enjoyment of material goods and affective, subjective and spiritual realization, in harmony with the nature and in community with human beings.
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Ama Suwa (Don't be barking), Uhuaa’na machapia €™tya (Don't steal). Every national or foreign person must look after the assets and assets of the State; they have the obligation to protect and protect them as if they were their own, for the benefit of the good.
A%tica. the person conforming to the moral principles of service to the community, reflected in values of honesty, transparency, integrity, probity, responsibility and efficiency.
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Transparency. It is the ctica and visible management of State resources by public servants and servers, as well as natural and legal persons, national or foreign, who provide services or commit State resources.
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Gratuity. Research and administration of justice in matters of fight against corruption,
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Celerity. The mechanisms of investigation and administration of justice in matters of fight against corruption must be timely and timely.
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Defense of State Heritage. It is governed by the constitutional obligation that all Bolivians or Bolivians have to protect and protect the state's patrimony, denouncing all acts or acts of corruption.
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Broad Cooperation. All entities that have the mission of fighting corruption should cooperate with each other, working in a coordinated manner and exchanging information without restriction.
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Imbias in the Administration of Justice. All Bolivians and Bolivians have the right to an early, effective and transparent administration of justice.
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Article 5. (A • Application Mbito).
I. This Law applies to:
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The servers and former public servants of all the A " organs of the Plurinational State, its central, decentralized or unconcentrated entities and institutions, and autonomous, departmental, municipal, regional and inda-gena territorial entities originating campesinos.
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Ministry PAºblico, Procuradurá-a General de Estado, Defensora-a del Pueblo, Banco Central de Bolivia, ContralorA-a General of the State, Universities and other entities of the structure of the Status.
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Armed Forces and Polica-a Boliviana.
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Entities or organizations in which the State has patrimonial participation, regardless of its legal nature.
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Private, natural, or legal persons and all persons who are not public servants commit corruption crimes causing damage to the State or unduly benefit from their resources.
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II. This Act, in accordance with the State Policy Constitution, does not recognize immunity, immunity, or privilege, and must be of preferential application.
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CAPA • TITLE II
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DE THE ENTITIES IN CHARGE
OF THE FIGHT AGAINST CORRUPTION " N
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ArtA-ass 6. (National Council for the Fight Against Corruption, Il-Quicto Enrichment, and Il-dating Earnings Legitimation).
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I. The National Council for the Fight Against Corruption, Enrichment Ila-cito and Legitimation of Il-Dating Gains, will be created, which will be integrated by:
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Ministry of Institutional Transparency and Fight Against Corruption
Ministry of Government
Public Ministry
Comptroller-General of the State
Financial Investigations Unit
Attorney General of the State
Representatives of the Organized Civil Society, according to the provisions of Articles 241 and 242 of the Political Constitution of the State and the Law.
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II. The National Council for the Fight Against Corruption, Enrichment Ila-cito and Legitimation of Il-Dating Gains, will be chaired by the Holder of the Ministry of Institutional Transparency and Fight Against Corruption.
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The entities that make up the Council are independent in the fulfillment of their specific attributions in the framework of the State-Policy Constitution and the laws.
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III. The National Council In the fight against corruption, Il-Quicto enrichment and Il-dating Earnings Legitimation, you should meet in an ordinary way at least four times to the year and extraordinarily to call four of its members.
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ArtA-ass 7. (Attributions of the National Council for the Fight Against Corruption, Enrichment Ila-cito, and Legitimation of Il-Dating Gains). The privileges of the National Council for Combating Corruption, Enrichment Ila-cito and Legitimation of Il-Dating Gains are as follows:
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Propose, monitor and audit the public, oriented, and prevent and punish acts of corruption, to protect and recover the state's patrimony.
Approve the National Plan of Fight Against Corruption, prepared by the Ministry of the Industry, responsible for these functions.
Evaluate the execution of the National Plan of Fight Against Corruption.
Relating to the self-governing governments in relation to their privileges, in accordance with the regulations established by the Framework Law of Autonomy and Decentralization.
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ArtA-ass 8. (Obligation of the National Council for the Fight Against Corruption, Il-Quicto Enrichment and Il-Dating Gains Legitimation
Report on Results). The National Council for the Fight Against Corruption, Enrichment Ila-cito and Legitimation of Il-Dating Gains has the obligation to report annually to the President of the Plurinational State, to the Plurinational Legislative Assembly and the Organized Civil Society, on the National Plan of Fight Against Corruption and the goals and results achieved in its implementation.
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ArtA-ass 9. (Social Control). In accordance with the State Political Constitution, the Social Control will be exercised to prevent and fight corruption. All social actors can participate in social control, individually and/or collectively.
10. (Rights and Powers of Social Control). In an enunciative but non-limiting manner, they are the rights and privileges of Social Control:
To
Identify and denounce acts of corruption to competent authorities.
Identify and denounce the lack of transparency before the competent authorities.
c) To assist in the administrative and judicial processes, for facts and crimes of corruption.
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ArtA-ass 11. (Courts and Anticorruption Courts).
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I. The Courts and Anticorruption Courts are created, which will have the power to know and resolve criminal proceedings in the area of corruption and related crimes, all in the framework of respect for legal pluralism.
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II. The Council of the Magistrature will appoint in each department the number of judges necessary to know and resolve the processes, according to the State-Political Constitution.
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ArtA-ass 12. (Anti-Corruption Specialized Prosecutors). The Attorney General of the State, in accordance with the law of the Ministry of Public Health, will appoint in each department to the specialized prosecutors and dedicated exclusively to the investigation and prosecution of the crimes of corruption and crimes linked.
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ArtA-ass 13. (Specialist investigators from the Polica-to Boliviana). The Polica-a Boliviana will have specialized anti-corruption investigators, within a División de Lucha Contra la Corrupción in each
Department, who will perform their activities under the functional direction of the prosecutors.
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Article 14. (Required to be Constituted in Part Querellant). The most executive authority of the affected entity or the authorities called by law, should be made mandatory in part by the plaintiff of the crimes of corruption and linked, once known, and must promote the actions corresponding legal provisions to the competent authorities. Your omission will matter to the offense of non-compliance with duties and others that correspond, in accordance with this Law.
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Article 15. (Jurisdiction Inda-gena Origina Campesina). The
of the jurisdiction of the indigenous indigenous-gena will be governed according to the Articles 190, 191 and 192 of the Political Constitution of the State andLaw of Jurisdiction of Jurisdiction
(Permanent Evaluation System). The specialized judges, prosecutors and police will be subject to a permanent evaluation system implemented in each entity, taking into account the guidelines established by the National Council for the Fight Against Corruption. Ila-cito enrichment and Legitimation of IlA-dating Gains, to ensure probity and efficiency in the performance of their functions. In this evaluation system, Social Control will be involved.A
ArtA-ass 17. (Protection of Whistleblower and Witnesses).
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I. The Whistleblower and Witness Protection System is established which will be in charge of the Ministry of Government, the Polica-to Boliviana and the Ministry of Public Health, according to a regulation.
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II. The System will provide adequate protection against any threat, aggression, retaliation or intimidation of whistleblowers and witnesses, as well as experts, technical advisors, public servants and other direct or indirect partners in the process of
III.
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The Ministry of Institutional Transparency and Fight Against Corruption, will reserve the identity of individuals and servers or servers (c) public who report facts and/or crimes of corruption and shall keep reserves the documentation presented, collected and generated during the performance of its functions.A
IV. In case of an absolute judgment, according to the inc. 3) of the Article 363 of the Code of Criminal Procedure, executed by the same, the judicial instance that took initial knowledge of the process, at the request of the interested party to raise the reservation of identity within the maximum period of 72 hours. Without prejudice to the defendant initiating the recrimination action against the holder of the criminal action.
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Article 18. (Privileges of the Financial Investigations Unit). In addition to those established by Law, the Financial Investigations Unit will have the following attributions:
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At the written request of the Ministry of Transparency and Fight Against Corruption, State and/or Anti-Corruption Prosecutors, or of its own motion, will analyze and conduct financial and patrimonial intelligence activities to identify alleged crimes or crimes of corruption.
Rissue the results of the analysis and background to the Ministry of Institutional Transparency and Fight Against Corruption, Attorney General, Ministry of Public Health and the competent judicial authority, when corresponds.
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ArtA-ass 19. (Secrecy or Confidentiality).
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I. No secret or confidentiality in matters of securities and insurance, commercial, tax, and economic matters may be invoked when the Unit of Financial Investigations, Ministry of Institutional Transparency and Fight Against Corruption, Ministry Public and the Attorney General of the State require information for the performance of their duties; this information will be obtained without the need for a court order, a tax requirement or any prior notice.
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II. The information obtained may be used to investigate corruption and related crimes, and be free of all payment of judicial and administrative securities.
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ArtA-cull 20. (Banking Secret for Corruption Crime Investigation).
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I. There is no confidentiality as to the financial operations performed by natural or legal persons, Bolivian or foreign, in court proceedings, in cases where the commission of financial crimes, in which fortunes are investigated, in which corruption offences are investigated and in processes of
recovery of defrauded goods to the State.
II. The public servants may voluntarily give up bank secrecy. The waiver will have no effect when the public server shuts down its functions.
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ArtA-ass 21. (Duty to Report).
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I. They have the duty to send all the information requested by the Financial Investigations Unit, within an investigation that is being carried out, the following entities and subjects dedicated to:
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Purchase and sale of firearms, vehicles, metals, works of art, postal stamps and archaeological objects;
Trade in jewellery, precious stones and coins;
Gambling, casinos, lotterA and bingos;
Hotel, tourism and tourism activities travel agents;
Activities related to the production chain strategic natural resources;
Activities related to road construction and/or road infrastructure;
Customs dispatchers, and import and export companies;
Non-governmental organizations, foundations and associations;
Real estate activities, and real estate buying and selling;
Investing services;
Polish-tic parties, citizen groupings, and indigenous peoples;
Activities with cash movement susceptible to be used for money laundering and other financial, economic, commercial activities established in the Trade Code.
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II. The entities or subjects referred to in the above points should inform the Financial Investigations Unit of their trade when in the exercise of their functions and/or activities, they detect the possible commission of acts or crimes of corruption.
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ArtA-ass 22. (Management of Information).
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I. The information obtained by the Unit of Financial Investigations, will not be shared or published in the phase of analysis and investigation.
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II. When the Financial Investigations Unit considers that the information contains alleged corruption, it will forward it to the Ministry of Public Health and the Ministry of Transparency with all its records. Institutional and Fight Against Corruption and Attorney General of the State.
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III. This information, valued by the Ministry of Public Health, may be presented as evidence in criminal proceedings.
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Article 23. (Integrated Anti-Corruption Information System and State Goods Recovery System).
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I. Crate the Integrated Anti-Corruption Information System and the State-owned Assets Recovery System-SIIARBE, in charge of the Ministry of Institutional Transparency and Fight Against Corruption. The purpose of this is the centralization and exchange of information of the entities related to the fight against corruption, to design and apply policies and preventive, repressive and sanctioning strategies, in addition to the efficient monitoring and monitoring of processes in the field of the fight against corruption.
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II. The SIIARBE shall have within its powers the verification of the trade of the sworn statements of goods and income of those public servants classified according to indicators, parameters and criteria defined by the entities related to the fight against corruption.
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III. A Supreme Decree will establish its scope, internal organization, attributions and procedures to be applied.
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CAPA • TITLE III
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CORRUPTION CRIMES " N
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Article 24. (Systematization of the Crimes of Corruption and Linked). In addition to those typified in this Chapter, the following are considered as crimes of corruption: 142, 144, 145, 146, 147, 149, 150, 151, 152, second paragraph of Articles 153 and 154, 157, 158, 172a, fourth paragraph of Article 173, 173a, 174, 221, first paragraph of Articles 222 and 224, second paragraph of Article 225.
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They are considered crimes related to corruption, the contents in the following Articles of the Criminal Code: 132, 13132, 143, 150-bis, 153, 154, 177, 1818a, 228, 228 bis, 229 and 230.
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ArtA-ass 25. (Creation of New Criminal Types). The following criminal types are created:
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Misuse of public goods and services;
Il-Cyto; enrichment
IlA-quote enrichment of private individuals with effect to the State;
Favor to the IlA-cyto;
Transnational active co-fact;
Transnational passive co-fact;
Obstruction of justice; and
Falsehood in the affidavit of goods and rents.
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Article 26. (Improper Use of Goods and Services). The public servant or public servant who in his own or third party's own benefit grants an end other than which goods, rights and shares belonging to the State or its institutions, to which he or she has access in the exercise of the public office, will be sanctioned with deprivation of liberty from one to four years.
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If for misuse, the good will suffer deterioration, damage or perish, the penalty will be three to eight years and repair of the damage caused.
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The penalty of the first paragraph, applied to the particular or server (a) public services of persons remunerated by the State or persons who are in the performance of a legal duty, and a different purpose for which they were hired or intended.
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Article 27. (Ila-cito Enrichment). The public servant or public servant, who has disproportionately increased his estate in respect of his legal income and who cannot be justified, shall be punished with a penalty of imprisonment of five to ten years, (a) disablement for the exercise of public office and/or elected office, fine of two hundred to five hundred dA-as and forfeiture of illegally obtained assets.
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Article 28. (Ila-quote Enrichment of Particular with Affection to the State). The natural person who, through private activity, has disproportionately increased his wealth with respect to his legal income, affecting the state's patrimony, failing to undermine such a situation, will be sanctioned with the Three to eight years of freedom, a fine of one hundred to three hundred dA-as and the seizure of the illegally obtained assets.
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Incurrà ¡ n in the same offence and the same penalty, the representatives or former legal representatives of the Legal persons who, by private activity, have increased their assets of the legal person, affecting the assets of the State and who cannot prove that they come from an activity in the territory; the legal person shall, in addition, return to the State the goods which have been affected by it in addition to those obtained as a product of the crime and will be sanctioned with a 25% fine of its patrimony.A
ArtA-ass 29. (Favor to the Il-Quito Enrichment). That in order to conceal, conceal or legitimize the increase in the assets provided for in the preceding articles, it will provide its name or participate in economic, financial and commercial activities, and will be sanctioned by private freedom from three to eight years, disablement for the exercise of public office and/or elected office and fine of fifty to five hundred dA-as.
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ArtA-ass 30. (Transnational Active Co-fact). The one that promises, offers or grants directly or indirectly, to a foreign official, or an international organization public, benefits such as divas, favors or advantages, that are in its own advantage or in the another person or entity, in order for such an official to act or to refrain from acting in the exercise of his or her duties to obtain or maintain an undue benefit in relation to the conduct of international business activities, shall be Sanctioned with deprivation of liberty of five to ten years and fine of one hundred to five hundred dA-as.
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ArtA-ass 31. (Transnational Passive). The foreign official or official of a public international organization who shall, directly or indirectly, request or accept an undue benefit which is in his own interest or in that of another person or entity, for the purpose of that such an official acts or refrains from acting in the exercise of his or her duties, shall be sanctioned with a imprisonment of three to eight years and a fine of fifty to five hundred days.
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ArtA-ass 32. (Obstruction of Justice). The one who uses physical force, threats, intimidation, promises, offering or the granting of an undue benefit to induce a person to render false testimony or to hinder the loan of testimony or the provision of evidence in " Processes for crimes of corruption, will be sanctioned with imprisonment of three to eight years and fine of thirty to five hundred dA-as.
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The sanction in one half will be aggravated to those who use the physical force, threats or intimation to hinder the performance of the official functions of judges, prosecutors, police officers and other servants responsible for fighting against corruption.
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ArtA-ass 33. (Falsehood in the Sworn Declaration of Goods and Rents). The one that will distort or omit to insert the economic, financial or economic data, that the affidavit of goods and revenues must contain, will incur in deprivation of freedom from one to four years and fine of fifty to two hundred dA-as.
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ArtA-ass 34. (Amendments and Incorporation to the Criminal Code). The Articles 105, 142,144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 157, 173, 173 Bis, 174, 177, 185 Bis, 221, 222, 224, 225, 228, 229 and 230 of the Criminal Code are amended, and the Articles 150 Bis, 172 Bis and 228 Bis are incorporated, according to to the following text:
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ArtA-ass 105. (TA©rminos for the Prescription of the Penalty). The power to execute the penalty prescribes:
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In ten years, if it is a custodial sentence of greater than six years.
In seven years, treatment of custodial sentences of less than six years and greater than two.
In five years, if it is the other penalties.
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These deadlines will start to run from the dA-to the notification With the conviction, or since the violation of the sentence, if the sentence had begun to be fulfilled.
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I will not proceed with the prescription of the penalty, under any circumstances, in crimes of corruption.
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ArtA-ass 142. (Peculado). The server or the public server that takes advantage of the charge that it plays to the appropriate money, values or assets of whose administration, collection or custody it will be commissioned, will be sanctioned with private of five to ten years and fine from two hundred to five hundred dA-as.
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ArtA-ass 144. (Embezzlement). The server or the public server that will give to the flows that it administers, perceives or custody, a different application from that to which they are intended, will be sanctioned with deprivation of liberty of three to eight years and a fine of 100 to two hundred and fifty days.
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If the event results in damage to the public service, the sanction will be aggravated by a third.
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ArtA-ass 145. a) the server or the public servant or authority to do or to cease to do an act relating to his or her duties or to the duties of his or her office, either directly or by person, for sA-or a third party, You will give or any other advantage or accept offers or promises, will be sanctioned with imprisonment of three to eight years and fine of fifty one hundred and fifty days.
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ArtA-ass 146. (Misuse of Influences). The server or the public servant or authority that directly or by person and by taking advantage of the functions it exercises or improperly using the influences derived from the same advantages or benefits, for sA-or for a third party, will be sanctioned with imprisonment of three to eight years and fine from one hundred to five hundred dA-as.
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ArtA-ass 147. (Benefits in Reason of the Charge). The server or the public servant or authority that in consideration of his or her position will admit gifts or other benefits, will be sanctioned with imprisonment of three to eight years and fine of one hundred to two hundred Fifty days.
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ArtA-ass 149. (omitting of Declaration of Goods and Rents). The servant or the public servant who under the Law is obliged to declare his assets and rents in time to take possession or in time to leave his office and not to do so, will be punished with a fine of thirty days.
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ArtA-ass 150. (Negotiations Incompatible with the Exercise of Public Functions). The server or the public server which by sA-or by person or by simulated act will be interested and obtain for sA-or for third a benefit in any contract, supply, auction or operation in which it intervenes in reason of its He will be punished with imprisonment of five to ten years and fine of thirty to five hundred dA-as.
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ArtA-ass 150 Bis. (Negotiations Incompatible with the Exercise of Partisan Functions). The offence provided for in the above Article shall also be applied to the members, experts, auditors, accountants, mariners or remasters, and other professionals in respect of the acts in which they take part and the Tutors, curators, executors, executors and non-members of the public in respect of property belonging to their pupils, cured, testamentary, contests, liquidations and acts, with a custodial sentence of five to ten years and a fine of 30 to five hundred dA-as.
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ArtA-ass 151. (Concusión). The server or the public server or authority that, with abuse of its condition or functions, directly or indirectly, requires or obtains money or other illegal advantage or in proportion higher than the legally fixed, in profit or a third party, will be sanctioned with a three-to eight-year imprisonment.
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ArtA-ass 152. (Levies). The servant or the public servant who shall require or obtain the levies expressed in the previous article to convert them to the benefit of the public administration, shall be sanctioned with a imprisonment of one to four (a)
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If any violence is used in the cases of the preceding items, the sanction will be aggravated by a third.
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Article 153. (Resolutions contrary to the Constitution and the Laws). The server or the public server or authority that will issue resolutions or orders contrary to the Constitution or the laws, or execute or enforce such resolutions or orders, shall be sanctioned with the freedom of
five to ten years.
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The same penalty, applied when the resolution is issued by a prosecutor.
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If the offense causes damage to the State, the penalty will be aggravated by a third.
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Article 154. (Failure of Duties). The servant or the public servant who illegally omitted, will refuse to do or delay an act of his own, will be sanctioned with a private one to four years.
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The penalty will be aggravated by a third, when the offense causes the state to be economically harmful to the State.
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ArtA-ass 157. (Unlawful Appointments). Sera sanctioned with a imprisonment of one to four years and fine of thirty to one hundred dA-as, the servant or the public servant who shall propose in terna or appoint for a public charge a person who does not meet the legal conditions for their performance.
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ArtA-ass 172 Bis. (Receptacles from Corrupt Crimes). He who has committed a crime of corruption will help his author to ensure the benefit or outcome of the crime or to receive, hide, sell or knowingly buy the proceeds of the crime, and will be punished with deprivation. Three to eight years of freedom and the confiscation of the goods obtained by the State.
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ArtA-ass 173. (Prevaricate). The judge or the judge, who in the exercise of his duties will dictate resolutions manifestly contrary to the law, shall be punished with imprisonment of five to ten years.
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If, as a result of the prevaricate in criminal proceedings, an innocent person is convicted, he or she will be charged more serious than the justifiable or the preventive detention will be enforced, the penalty will be aggravated by a third to
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The A-member or friendly component, or who performs functions of the decision or resolution, and who incur this offense, shall have a custodial sentence of three to eight years. (a)
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If it will be caused by economic damage to the state, it will be aggravated by a third.
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ArtA-cull 173 Bis. (Passive of the Judge, Judge or Prosecutor). The judge, the judge or prosecutor who will accept promises or give to dictate, delay or omit to issue a resolution or judgment in subject matter to his jurisdiction, will be sanctioned with deprivation of liberty of five to ten years and with a fine of two hundred to five hundred dA-as, mA the special disablement to access any public functions and/or electos.A
Ibid sanction shall be imposed on him or the lawyers who for the same purpose and effect, concertin such consortia with one or more several judges or prosecutors, or will also be part of them.
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Article 174. (Consortium of Judges, Prosecutors and/or Lawyers). The judge, the judge or prosecutor who will arrange the formation of a consortium with one or several lawyers, or will be part of them, in order to obtain economic advantages of the same way to the detriment of the sound administration of justice, will be Sanctioned with imprisonment of five to ten years.
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ArtA-ass 177. (Negative or Delay of Justice). The judicial or administrative officer who, in the exercise of the public office with jurisdiction and jurisdiction, administering justice, shall delay or fail to comply with the terms in which he or she is entitled to speak on the terms, Decisions or judgments in accordance with the procedural laws, the fairness and justice and the prompt administration of it, shall be sanctioned with the imprisonment of five to ten years.
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ArtA-ass 185 Bis. (Legitimization of Il-Dating Gains). The one that acquires, converts, or transfers goods, resources, or rights, linked to crimes of: elaboration, trA-cited of controlled substances, contraband, corruption, organizations criminals, criminal associations, trafficking and human trafficking, trafficking of human beings, trafficking of weapons and terrorism, with the aim of hiding, or covering up their nature, origin, location, destination, movement or property, will be sanctioned with freedom from five to ten years, disabling for the exercise of public office and/or elected office and a fine of two hundred to five hundred dA-as.
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This offense will also apply to the previously described behaviors even though the offenses of which the proceeds would be il-dating would have been committed in whole or in part in another paA-s, provided that these facts are considered criminal in both countries.
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The one that facilitates, or incites the commission of this offense, will be sanctioned with imprisonment of four to eight years.
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It is confirmed that the crime of the legitimacy of the il-dating profits is authentic and will be investigated, prosecuted and sentenced without the need for a previous conviction, in respect of the crimes mentioned in the first paragraph.
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ArtA-ass 221. (Contracts Lesvos to the State). The servant or the public servant who knowingly will hold contracts to the detriment of the State or of the autonomous, autonomous, mixed, or decentralized entities, shall be sanctioned with imprisonment of five to ten years.
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In case I act culpently, the penalty will be free of one to four years.
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The particular that under the same conditions above will celebrate the contract detrimental to the economy-a national, will be sanctioned with imprisonment of three to eight years.
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ArtA-ass 222. (Failure of Contracts). The fact that having concluded contracts with the State or with the entities referred to in the previous Article, does not comply with them without a fair cause, shall be sanctioned with a penalty of three to eight years.
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If the default will result from the fault of the obligor, you will be sanctioned with a one-to-four-year freedom.
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ArtA-ass 224. (Anti-Economic Conduct). The server or the public server or the one who is in the exercise of managerial or other responsibility, in state institutions or enterprises, will cause for mismanagement, technical or Any other cause, damage to the assets of them or to the interests of the State, shall be sanctioned with imprisonment of three to eight years.
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If I will act culpently, it will be sanctioned with a freedom of one to four years.
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ARTA • CLO 225. (Economic infestence). The server or the public server or the one that in reason of its charge or functions will be in possession of data or news that must be kept in reserve, relative to the economic policy and will reveal them, will be sanctioned with A freedom from one to four years.
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Incurrate in the same sanction, aggravated by a third, the server or the public server or the one that in the above conditions will use or disclose such data or news to own or third party profit.
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Yes will be blamed, the penalty will be lowered by a third.
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ArtA-ass 228. (Contributions and Illegal Benefits). He who misuses his or her leader's condition or who simulates functions, representations, instructions or higher orders, by sA-or by person, shall require or obtain money or other advantage If it is in its own benefit or third, it will be sanctioned with a private one to three years.
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If the author is a server or server, the penalty will be aggravated by a third.
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ARTA • CASE 228 Bis. (Illegal Contribution and Benefits of the Server or the Public Service). If the behavior described in the previous article, has been committed by server or public servant, causing damage to the state, the penalty will be free of three to eight years.
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ArtA-ass 229. (Companies or Fictitious Associations). The one that will organize or direct societies, cooperatives or other fictitious associations to obtain by these means undue benefits or privileges, will be sanctioned with a private one to four freedom A year and a fine of one hundred to five hundred dA-as.
If it is a servant or a public servant who by sA-or by person who is a person committed the crime, shall be punished with imprisonment of three to eight years and fine of thirty to one hundred dA-as.
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ArtA-ass 230. (Franchises, Releases or Illegal Privileges). The one who obtains, will use or negotiate illegally releases, franchises, diplomatic privileges or other nature, shall be sanctioned with imprisonment of three to eight years.
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The server or the public server that will illegally grant, use, or negotiate such releases, franchises, or privileges will be sanctioned with the penalty set forth in the preceding paragraph, aggravated by a third.
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35. (Voluntary Complaint). Any person who has participated or participates as an instigator, or a concealer, who voluntarily denounces and collaborates in the investigation and prosecution of the crimes systematized in the Articles 24 and 25 of this Law, benefit from the two-thirds reduction of the penalty that corresponds to it.
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CAPA • TITLE IV
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INCLUSIONS AND MODIFICATIONS TO THE CA "I SAY CRIMINAL PROCEDURE, CA" I SAY CIVIL AND LAW ORGA • NICA DEL MINISTRY PAsBLICO
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ArtA-ass 36. (Including ArtA-links in the Code of Criminal Procedure). The following are included in the Code of Criminal Procedure, Articles 29 Bis, 91a, 148 Bis, 253 Bis and 344 Bis, according to the following text:
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Article 29 Bis. (Prescriptibility). In accordance with Article 112 of the State-law Constitution, crimes committed by public servants or public servants who attack the State's assets and cause serious damage to the economy are imprescriptible and do not admit Immunity rule.
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ArtA-ass 91 Bis. (Prosecution of the Judgment in Rebels). When the rebellion is declared against an imputed within the criminal proceedings for the crimes established in the Articles 24, 25 and following of the Law of Fight Against Corruption, Il-Quicto and Investigation of Fortuunas, the process does not be suspended with respect to the rebel. The State shall appoint an ombudsman and the defendant shall be tried in absentia, together with the accused persons present.
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Article 148Bis. (Recovery of Goods Abroad). The State may ask the foreign authorities for the necessary and effective cooperation to recover assets and assets subtraA-two for servers and servers and former servants or former public servants, object or product of crimes of Corruption and related crimes that are outside the country.
ArtA-ass 253 Bis. (Processing of Fire in Corruption Crimes). In the case of crimes of corruption that cause serious damage to the State, from the beginning of the investigations, after a tax requirement to the competent judicial authority and within a period of five days, the court will proceed to the seizure of the assets and assets that are reasonably presumed to be a means, instrument or result of the crime, with complete inventory in the presence of a Notary of Public Faith, designating the depositary according to Law, and completed the the court will have the possession, in judgment, the confiscation of such goods and assets in favour of the State if applicable.
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ArtA-ass 344 Bis. (Oral Judgment Procedure in Rebel-a for Corrupt Crimes). In case the failure of the accused for crimes of corruption is found, he will be declared rebellious and will be extended again to a hearing of oral judgment for his celebration in his absence, with the participation of his defender of trade, in This case will be notified to the rebel with this resolution through edicts.
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ArtA-ass 37. (Amendments to the Code of Criminal Procedure). Articles 90, 366, and 368 of the Criminal Procedure Code are modified, according to the following text:
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ArtA-ass 90. (Effects of the Rebels). The declaration of rebellion-not to suspend the preparatory stage. When it is declared during the trial, it will be suspended with respect to the rebel and will continue for the accused persons present, except in the crimes of corruption, and the criminal action against all the accused must be continued, or not present.
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The declaration of rebellion-interrupts the prescription.
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ArtA-ass 366. (Conditional Suspension of the Penalty). The judge or judge or tribunal, prior to the necessary reports and taking into account the motives or causes that have induced the crime, the nature and modality of the fact, may suspend the execution of the sentence on a conditional basis when The following requirements are met:
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That the person has been sentenced to a custodial sentence that does not exceed three years of duration;
That the sentenced person has not been the subject of a previous conviction for a crime, in the Last five years.
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The conditional suspension of the penalty does not proceed in corruption offenses.
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ArtA-ass 368. (Judicial Loss). The judge or the judge or tribunal in the sentence of the sentence, grant the judicial action to the author or partner that for a first offence has been sentenced to a custodial sentence not greater than two years.
I will not proceed with the judicial prosecution, under any circumstances, in corruption crimes.
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ArtA-ass 38. (The applicable Investigation). The crimes of corruption will be accepted in its investigation and prosecution procedure as established in the Code of Criminal Procedure, in everything that does not contravene the provisions of this Law.
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ArtA-ass 39. (Amendments to the Civil Code). Articles 1502, 1552 and 1553 of the Civil Code are amended, according to the following text:
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ArtA-culo 1502. (Exceptions). The prescription does not run:
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Against who resides or is outside the national territory in service of the State, up to thirty days after having ceased its duties.
Against the creditor of an obligation subject to condition or fixed, until the condition is met or the dA-a arrives.
Against the heir with the benefit of inventory, with respect to the credit that has against the succession.
Between cönnyuges.
Regarding a garantA-a action, until the evicciation takes place.
Regarding debts for economic damage caused to the State.
In the cases established by law.
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Article 1552. (Preventative annotation in the Register).
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I. You may ask the jurisdictional authority to take preventive note of your rights in the public register:
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Who is suing the property of real estate, or who constitutes, declares, modifies, or extences any real right.
Who obtains in his favor a providence of kidnapping or a warrant for the execution of an embargo on property The debtor's real estate.
Who in any trial obtains a past judgment in the authority of a court of law that condemns the defendant to comply with an obligation.
Who deduces demand to obtain judgment on impediments or prohibitions that limit or restrict the free disposal of the goods, according to Article 1540 (14).
Who has a title-label whose definitive inscription cannot be made for lack of any subsainable requirement.
The Attorney General of the State and the Ministry of Institutional Transparency and Fight Against Corruption, for State Heritage protection effects.
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II. In the cases provided for by the present article and in the case of movable property subject to registration, the entry shall be made in the corresponding records.
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ArtA-ass 1553. (TA©rmino of the preventive note).
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I. The preventive note will expire if the two years of its date are not converted into an inscription. The judge may extend the term for a new period of time, which will not harm third party if it does not settle in turn.
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II. The preventive record will become an inscription when the last favorable sentence is presented in the authority of res judicata, or the cause that impel has been proven to have been remedied, and the inscription and it in these cases. produces all its effects from the date of the record, however of any right registered in the same.
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III. The preventive record in favor of the State will expire at four years, extendable to two more, if it is not converted into definitive inscription.
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ArtA-article 40. (Including in the OrgA Law of the Ministry of Public Health). Article 36 (36) of the Law No. 2175, the OrgA Law of the Public Ministry, is included with the following text:
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36) Designate in each department the specialized and dedicated prosecutors exclusively for the Investigation and prosecution of crimes of corruption.
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REPEAL TO
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Asnica. The following rules are repealed:
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Article 158 of Law No. 1488 of 14 April 1993 (Law of Banks and Financial Entities, amended by Law No. 2297 of 20 December 2001 †" Law on the Strengthening of Regulations and Financial Supervision.
Any legal provision contrary to this Law.
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TRANSIENT provisions
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First. Until the anti-corruption courts set up in Article 11 of this Law are not in operation, the judges who know and process criminal proceedings will give priority to the process and resolve the processes in which the courts have jurisdiction. State interests are at stake.
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Second. The cases that are dealt with for crimes of corruption should be known by the judges, judges and courts, until the new anti-corruption courts are elected and subsequently transferred to them.
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FINAL PROVISIONS
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First. The actions of investigation and prosecution of permanent crimes of corruption and related to it, established in Article 25 (2) and (3) of this Law, must be applied by the competent authorities in the framework of the Article 123 of the State-Political Constitution.
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Numerals 1), 4), 5), 6), 7) and 8) of Article 25, shall be processed in the framework of Article 116, paragraph II of the State-Political Constitution.
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Second. (From Financing). The State will guarantee the annual financing of the policies and projects to fight corruption with own resources, to guarantee adequate research, accusation and judgment.
Rema-Til al A " rgano Executive, for constitutional purposes.
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It is given in the Session Room of the Plurinational Legislative Assembly, to the twenty-nine days of the month of March of the year two thousand ten.
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Fdo. RenA© Oscar Marta-nez Callahuanca, HA©ctor Enrique Arce Zaconeta, Andréns A. Villca Daza, Clementina Garnica Cruz, José Antonio Yucra Paredes, Pedro Nuny Caity.
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Therefore, the law is enacted to have and comply with the law. of the Plurinational State of Bolivia.
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Palace of Government of the city of La Paz, at thirty-one day of the month of March of two thousand ten years.
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FDO. EVO MORALES AYMA, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Nilda Copa Condori, Nardy Suxo Iturri.
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