Law Of Fighting Corruption, Illicit Enrichment And Research Of Fortunes "marcelo Quiroga Santa Cruz".

Original Language Title: LEY DE LUCHA CONTRA LA CORRUPCIÓN, ENRIQUECIMIENTO ILÍCITO E INVESTIGACIÓN DE FORTUNAS “MARCELO QUIROGA SANTA CRUZ”.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/56978

LAW N ° 004 law 31 of March of 2010 a EVO MORALES AYMA, President of the State multinational of BOLIVIA to by how much, the plurinational Legislative Assembly, has sanctioned the following law: to the Assembly Legislative multinational, to D E C R E T A: to law of struggle against the CORRUPCIA "N, enrichment ila•cito and impression" N FORTUNES â €œMARCELO QUIROGA SANTA crosses€ • to capa•tulo I A provisions General A Arta-culo 1. (Object). This law aims to establish mechanisms and procedures within the framework of the Constitution Pola-policy of the State, laws, treaties and international conventions designed to prevent, investigate, prosecute and punish acts of corruption committed by servants and servants public public and former servants and former servers Pa public facilities, in the exercise of their functions, and natural persons or Jura - tips and legal representatives of persons legal - medical , public or private, national or foreign that they commit or adversely affect State, Asa - resources and recover the affected heritage of the State through the competent judicial organs.
To 2 Arta-culo. (Definition of corruption). Is the requirement or acceptance, the offering or granting direct or indirect, of a server Pa prosecution, of a natural person or Jura - dica, national or foreign, any object of pecuniary value or other benefits as dà divas, favors, promises or advantages 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.
To 3 Arta-culo. (Purpose). This law aims at prevention, end impunity in acts of corruption and the effective fight against corruption, recovery and protection of the heritage of the State, with the participation active institutions public, private and civil society.
To Arta-culo 4. (Principles). The principles governing this law are: to sum Qamaa±a (live well). Complementarity between the access and enjoyment of material goods and the affective, subjective and spiritual completion in Armona-a with nature and community with human beings.
To Ama Suwa (don't be thief), Uhuaa€™ machapia€™ na tya (not stealing). Any national or foreign person must ensure goods and heritage of the State; you have the obligation to protect them and guard them as if they were themselves, for the benefit of the good common n.
To ethics. It is the behavior of the person in accordance with moral principles of community service, reflected in the values of honesty, transparency, integrity, honesty, responsibility and efficiency.
To transparency. It is the Pra practice and visible management of the resources of the State by the servants and servers Pa public facilities, as well - as natural persons and legal - dicas, domestic or foreign, that provide services or commit State resources.!
A gratuity. The investigation and the administration of Justice in matters of fight against corruption, have face free character.
To quickly. The mechanisms of investigation and administration of Justice in matters of fighting corruption, must be quick and timely.
A defense of the patrimony of the State. It is governed by the constitutional obligation which has all Bolivia or Bolivian safeguard and protect the heritage of the State, denouncing any act or made of corruption.
To broad cooperation. All entities that have the mission statement of the fight against corruption must be n cooperate is each other, working collaboratively and sharing information without restriction.
To impartiality in the administration of Justice. All Bolivian and Bolivian has the right to a prompt, effective and transparent administration of Justice.
To 5 Arta-culo. (Application a•mbito).
I this Act applies to: A former servers and servers all public "organs of the plurinational State, its entities and the central level institutions, decentralized or decentralized, and autonomous, departmental, municipal, territorial entities, regional and Inda-native gena peasant."
To public Ministry, Procuradura - General of State, advocate-a village, Central Bank of Bolivia, Comptroller - General of the State, universities and other entities of the structure of the State.
Armed forces and police--to Bolivian.
To entities or organizations in which the State has participation heritage, regardless of its nature legal-dica.
To people private, natural or legal-dicas and all those people that not being servers Pa ° public commit crimes of corruption causing damage economic to the State or will benefit unduly with their resources.
TO II. This law, of conformity with the Constitution Pola-tica of the State, not recognizes immunity, immunity or privilege one, must be of application preferred.
To capa•tulo II to of them entities responsible for the fight against the CORRUPCIA "N to Arta-culo 6." (Council national of fight against the corruption, enrichment Ila-quote and legalization of profits Ila-appointments).
TO I. Creates the National Council for the fight against corruption, enrichment Ila-quote and legalization of profits Ila-appointments, will be composed of: A Ministry of institutional transparency and fight against the corruption Ministry of Government Public Ministry Comptroller - General of the State unit of financial research Procuradura - a General of the State representatives of the society civilian organized, according to the Arta-culos 241 and 242 of the Pola-tica Constitution of the State and the law.!
II. The National Council for the fight against corruption, enrichment Ila-quote and legalization of profits Ila-appointments, will be chaired by the head of the Ministry of institutional transparency and fight against corruption.
Entities that make up the Council are independent in the performance of their own powers - graphics as part of the Pola-tica Constitution of the State and laws.
III. The National Council for the fight against corruption, enrichment Ila-quote and legalization of profits Ila-appointments, shall meet in ordinary form at least four times a year and to call for four of its members.
To 7 Arta-culo. (Powers of the National Council for the fight against corruption, enrichment Ila-quote and legalization of profits Ila-appointments). The powers of the National Council for the fight against corruption, enrichment Ila-quote and legalization of profits Ila-appointments are as follows: to propose, monitor and supervise the Pola-practices public, aimed to prevent and punish acts of corruption, to protect and restore the heritage of the State.
Approving the National Plan of struggle against corruption, prepared by the Ministry of industry, responsible for those functions.
To assess the implementation of the National Plan for the fight against corruption.
Interact with Governments autonomous with regard to its powers, in accordance with the regulations established by the framework law of autonomous - ACE and Descentralizacia³n.
To 8 Arta-culo. (Obligation of the Council national of fight against the corruption, enrichment Ila-quote and legalization of profits Ila-appointments of reporting on results). He Council national of fight against the corruption, enrichment Ila-quote and legalization of earnings Ila-appointments has it obligation of inform annually to the President of the State plurinational, to it Assembly Legislative plurinational and to it society Civil organized, on the Plan national of fight against the corruption and them goals and results reached in its execution.
To Arta-culo 9. (Control Social). Of compliance with the Constitution Pola-tica of the State, the Control Social will be exercised to prevent and fight against the corruption.! May n participate of the control social all those actors social, of way individual and/or collective.!
To Arta-culo 10. (Rights and duties of the Control Social). Of way enunciative but not limited, are rights and powers of the Control Social: to identify and denounce acts of corruption to authorities competent.
Identify and denounce the lack of transparency before the authorities competent.
(c) assist in the administrative and judicial processes by facts and offences of corruption.
To 11 Arta-culo. (Courts and judged Anticorrupcia³n).
TO I. Establishing tribunals and courts Anticorrupcia³n, which will have n competition to meet and resolve criminal proceedings in terms of corruption and related offences, all within the framework of respect for pluralism legal - doctor.
II. The Council of the Magistrature Designara in each Department the number of judges necessary to meet and solve processes, according to the Pola-tica Constitution of the State.
To 12 Arta-culo. (Prosecutors specialized Anticorrupcia³n). The General State Prosecutor, in accordance with the organic law of the Ministry public, Designara each Department prosecutors specialized and dedicated exclusively to the investigation and Acusacia³n of crimes of corruption and related crimes.!!
To 13 Arta-culo. (Specialized researchers of the Bolivian police). The Bolivian police-a counted with specialized researchers Anticorrupcia³n, within a Division to combat corruption in each Department, who Desempea±ara n its activities under the functional direction of prosecutors.!!
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14 Arta-culo. (Obligation to be partly a complainant). The Ma maximum executive authority of the affected entity or called by law, authorities must n be compulsorily partly Prosecutor of crimes of corruption and linked, once known © stos, and must promote the corresponding legal action before the competent authorities.!! Its omission Importara incurring the crime of breach of duties and others that apply, in accordance with this law.
To Arta-culo 15. (Jurisdiction Inda-native gena peasant). The application of the jurisdiction Inda-native gena peasant is Regira as they have the Arta-culos 190, 191 and 192 of the Constitution Pola-policy of the State and the Act of settling Jurisdiccional.a Arta-culo 16. (Permanent evaluation system). Judges, prosecutors and police-as specialized will be subject to a system of permanent evaluation implemented in each institution, taking into account the guidelines established by the National Council for the fight against corruption, enrichment Ila-quote and legalization of profits Ila-quotes, to ensure probity and efficiency in the performance of their functions.! In this system of evaluation will have participation Social Control.
To 17 Arta-culo. (Protection of the complainants and witnesses).
TO I. Is established the system of protection of whistleblowers and witnesses will be in charge of the Ministry of Government, Bolivian police-a and the Department of public prosecution, according to regulation.
TO II. The system Brindara protection appropriate against any threat, aggression, reprisal or intimidation to whistleblowers and witnesses, handle - as experts, consultants technical, Server public utilities and other split-cipes direct or indirect research, processing, Acusacia³n and judging process.
III. The Ministry of institutional transparency and fight against corruption, saved book the identity of persons private and server or servers public who denounce acts or crimes of corruption and will be saved in reserve the documentation presented, collected and generated during the execution of their duties.
IV. If you pronounce acquittal, according to inc. (3) the Arta-culo 363 of the code of criminal procedure, enforceable it, the Court which took initial knowledge of the process, at the request of the party concerned Levantara reserve identity within Ma maximum of 72 hours. Notwithstanding that the accused initiates the judgemental action against the holder of the criminal action.
At 18 Arta-culo. (Responsibilities of the financial investigations unit). In addition s from those laid down by law, the financial investigations unit will have the following responsibilities: A A written request of the Ministry for transparency and the fight against corruption, Procuradura-a General of the State and/or the tax Anticorrupción, or ex officio, analyze and be held intelligence assets and financial activities, to identify alleged facts or offences of corruption.!!
Send the results of the Ana Lysis and history the Ministry of institutional transparency and the fight against corruption, Procuradura - General of the State, Public Ministry and the judicial authority competent, when Asa - correspond.!
To 19 Arta-culo. (Exención of secrecy or confidentiality).
TO I. Not be may invoke secrecy or confidentiality in matters of securities and insurance, commercial, tax and economic when the research financial unit, Ministry of institutional transparency and the fight against corruption, Public Ministry and the Procuradura-a General of the State required information for the performance of their duties;! This information will be obtained without court order, fiscal requirement or Tra prior limit whatsoever.
II. The information obtained may only be used in order to investigate crimes of corruption and linked, and will be free of all payment of judicial and administrative values.!
To 20 Arta-culo. (Exención of bank secrecy for investigation of offences of corruption).
TO I. There is no confidentiality regarding financial operations carried out by natural persons or legal - dicas, Bolivian or foreign, in judicial proceedings, in cases in which the Commission of financial crimes, in those who investigate it fortunes, which is investigating crimes of corruption and processes of recovery of goods cheated the State is presumed.
II. the servers public may n resign voluntarily to bank secrecy. The resignation made remain without effect when Pa Server prosecution concludes its functions.!
To 21 Arta-culo. (Duty to inform).
I. must send all the information requested by the financial investigations unit, within a research that it is carrying out, the following entities and devoted subjects a: A purchase and sale of firearms, Veha-asses, metals, works of art, stamps and archaeological objects;
Commerce of jewelry, precious stones and coins;
Gambling, casinos, lottery-as and bingos;
Hotel, tourism and travel agencies activities;
Activities related to the productive chain of natural resources strategic magical;
Activities related with the construction of roads or infrastructure road;
Dispensers of customs, and enterprises of import and export;
Non-governmental organizations, foundations and associations;
Activities real estate, and purchase and sale of real estate;
Investment services;
Pola-ticos parties, citizen groups and peoples Inda-genas;
Activities with movement of cash susceptible of being used for the laundering of money and other financial activities, economic, commercial laid down in the code of Commerce.
II. Entities or individuals referred to in the preceding subparagraphs shall n inform ex officio to the financial investigations unit when in the exercise of its functions or activities, detect the possible Commission of acts or offences of corruption.
To 22 Arta-culo. (Information management).
TO I. The information obtained by the unit of research financial, may not be shared or published in the phase of Ana Lysis and research.
II. Where the financial investigations unit considers that the information contains alleged acts of corruption, the shall transmit with all its records to the Public Ministry and the will to the attention of the Ministry of institutional transparency and the fight against corruption and of the Procuradura - General of the State.
III. This information valued by the Public Ministry, will be submitted as evidence in criminal proceedings.
To 23 Arta-culo. (Integrated system of information Anticorrupcia³n and recovery of State assets).
I. Cra © ase the integrated system of information Anticorrupcia³n and recovery of State assets - SIIARBE, in charge of the Ministry of institutional transparency and the fight against corruption. The same aims in the centralization and sharing of information from the entities related to the fight against corruption, to design and implement Pola policies and preventive, repressive and disciplinary strategies, as well as s of efficient follow-up and monitoring processes in the field of the fight against corruption.!
II. The SIIARBE will have within its powers the verification office of the sworn statements of assets and incomes of those servers public classified according to indicators, meters and criteria defined by the entities related to the fight against corruption.!
III. A decree Supreme will establish its scope, internal organization, powers and procedures to be applied.
To capa•tulo III to crimes of CORRUPCIA 'N to 24 Arta-culo. (Sistematizacia³n of the crimes of corruption and linked). In addition s of the offences in the present coat-chapter, are considered crimes of corruption levels in the following Arta-culos of the Penal Code: 142, 144, 145, 146, 147, 149, 150, 151, 152, Pa second paragraph of the Arta-culos 153 and 154, 157, 158, 172 bis, Pa fourth paragraph of 173 Arta-culo, 173, 174, 221, paragraph first of 222 and 224 Arta-culos!!! , Pa second paragraph of Arta-culo 225.
Are considered crimes related to corruption, the contents in the following Arta-culos of the Penal Code: 132, 132 bis, 143, 150, 153, 154, 177, 185 bis, 228, 228 bis, 229 and 230.
To 25 Arta-culo. (Creation of new criminal types). Creates the following criminal types: A improper use of goods and services public utilities;
Enrichment Ila - quote;
Enrichment Ila - quote from individuals with Afectacia³n the State;
Facilitating the enrichment of Ila - quote;
Active transnational bribery;
Transnational passive bribery;
Blockage of Justice; and falsehood in sworn declaration of assets and income.
To 26 Arta-culo. (Misuse of goods and public services). The servant Pa public or the server public that self-serving or third parties other than to which they may be intended for goods, rights and shares belonging to the State or its institutions, to which you have access in the exercise of the function public Republic, shall be punished with deprivation of liberty from one to four years.
If improper use, the good suffers damage, destruction or pereciere, the penalty shall be from three to eight years and repair of the damage caused.
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The penalty of the Pa paragraph first, will be applied to the individual or server Pa public who use the services of persons remunerated by the State or persons who are in the performance of a legal duty, dà presenting them with a different purpose for which they were hired or intended.!!!
To 27 Arta-culo. (Enrichment Ila-quote). The servant public or Server public, which has disproportionately increased their assets with respect to their Lega-timos income and that can not be justified, shall be punished with deprivation of liberty from five to ten years, disqualification for the exercise of the function public public or elected officials, fine from two hundred to five hundred dÃ-as and the confiscation of illegally obtained assets.
To article 28. (Enrichment Ila-quote from individuals with Afectacia³n the State). The natural person who has disproportionately increased their assets with respect to their Lega-timos income through private activity affecting the State, failing to undermine such status, shall be punished with deprivation of liberty from three to eight years, fine of one hundred to three hundred give-as and the confiscation of illegally obtained assets.
Shall incur a felony to n in the same offense and the same penalty, representatives or former legal representatives of persons legal - dicas that through private sector have increased the patrimony of the person legal - medical, affecting the heritage of the State and that it can not prove that they come from the appointment activity;! In addition, the person legal - medical Restituira the State goods that had been affected you in addition s of those obtained as a result of the offence and shall be punished by a fine of 25% of their assets. To 29 Arta-culo. (Facilitating the enrichment Ila-quote). That in order to hide, conceal, or legitimize the patrimonial increase provided for in the preceding Arta-culos, provide your name or participate in economic, financial and commercial activities, shall be punished with deprivation of liberty from three to eight years, disqualification for the exercise of the function public public or elected office and a fine of fifty to five hundred dÃ-as.
To Arta-culo 30. (Transnational active bribery). He that prometiere, should make a offer or painting on either directly or indirectly, to an official public foreign, or of an international organization public benefits, public as dà divas, favours or advantages, that in their own benefit or that of another person or entity, in order that said official act e or to refrain from acting in the exercise of their functions to get or maintain an undue benefit in relation to the completion of business! International, will be punished with deprivation of liberty from five to ten years and fine of one hundred to five hundred dÃ-as.
To 31 Arta-culo. (Transnational passive bribery). Foreign public or official of an international organization official public who request or accept such direct or indirect an undue benefit that result in their own benefit or that of another person or entity, in order that said official act e or to refrain from acting in the exercise of their duties, shall be punished with deprivation of liberty from three to eight years and a fine of fifty to five hundred dÃ-as.
To 32 Arta-culo. (Blockage of the justice). That use force Fa-sica, threats, intimidation, promises, offering or the granting of an improper benefit to induce a person to give false testimony or impede delivery of testimony or the contribution of evidence in proceedings for offences of corruption, will be punished with deprivation of liberty from three to eight years and a fine of thirty to five hundred dÃ-as.
To be add the penalty in a half who use force Fa-sica, threats, or Intimacia³n to hinder compliance with the official duties of judges, prosecutors, police-as and other servers responsible for combating corruption.
At 33 Arta-culo. (Falsehood in the sworn declaration of assets and income). He that distort or omits to insert data economic, financial or material, the sworn declaration of assets and income should contain, shall incur a felony in deprivation of freedom of one to four years and a fine of fifty to two hundred days-as.
To 34 Arta-culo. (Changes and additions to the Criminal Code). Modify the Arta-culos 105, 142,144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 157, 173, 173, 174, 177, 185 Bis, 221, 222, 224, 225, 228, 229 and 230 of the criminal code, and incorporated the 150 Bis Arta-culos, 172 Bis and 228 Bis, according to the following text: A Arta-culo 105. (Technical terms for the prescribe of penalty). The power to execute the penalty prescribed: to in ten years, if it is older than six years imprisonment.
In seven years, he tratà ndose of custodial sentences greater than two and less than six years.
In five years, in case of the other penalties.
These deadlines will begin n. running from the notification with the conviction give-a, or breach of the conviction, if ã © sta had begun to be met
Do not study the prescribe of punishment, under any circumstances, in crimes of corruption.
To Arta-culo 142. (Embezzlement). The server or the server Pa ° public that taking advantage of of the charge that Desempea±a is apropiare of money, values or goods of whose administration, charge or custody is found responsible, will be sanctioned with deprivation of freedom of five to ten years and fine of two hundred to five hundred dÃ-as.!
To Arta-culo 144. (Malversacia³n). The server or the server public prosecution that give to the flow that manages, perceives, or custody, an application other than that to which are intended, shall be punished with deprivation of liberty from three to eight years and fine of one hundred to two hundred and fifty dÃ-as.
If the fact proves damage or dulling the Pa service public, the sanction will be aggravated. in a third
To Arta-culo 145. (Own passive bribery). The server or the server Pa ° public or authority that for do or leave of do an act relative to their functions or contrary to them duties of his charge, received directly or by interposed person, for Sa- or a third, dà divas or any another advantage or accepting their offers or promises, will be sanctioned with deprivation of freedom of three to eight years and fine of fifty to cent fifty dÃ-as.!!
To Arta-culo 146. (Misuse of influences). The server or the server public public or authority directly or through interposed person and taking advantage of the functions exercised by or unduly influences derived from them using obtains advantages or benefits, to Sa - or to a third party, shall be punished with deprivation of liberty from three to eight years and fine of one hundred to five hundred dÃ-as.
To Arta-culo 147. (Benefits in reason of the charge). The server or the server public public or authority that in consideration in charge allows gifts or other benefits, will be punished with deprivation of liberty from three to eight years and fine of one hundred to two hundred and fifty dÃ-as.
To Arta-culo 149. (Omission of Declaration of assets and income). The server or the server public that the law is obliged to declare their assets and revenues at time of taking possession or in time leave his post and fail, will be sanctioned with a fine of thirty days-as.
Arta-culo 150. (Negotiations incompatible with the exercise of public functions). The servant or the Pa Server public than by Sa - interposed person or by simulated act is interesare and obtains for Sa - or for third party benefit in any contract, supply, auction or transaction in which intervenes in reason of their office, shall be punished with deprivation of liberty from five to ten years and a fine of thirty to five hundred dÃ-as.
Arta-culo 150 Bis. (Negotiations incompatible with the exercise of functions public by private individuals). Offence under the previous Arta-culo also will be applied to the rbitros, experts, auditors, accountants, auctioneers or finishers, and other professionals regarding acts which by reason of their trade involves and tutors, curators, executors and Sa-ndicos with respect to the property belonging to their wards, cured, testamentary, contests, liquidations and acts Ana logos!! , with a deprivation of liberty from five to ten years and a fine of thirty to five hundred dÃ-as.
To Arta-culo 151. (Concusia³n). The server or the server public public or authority who abuse their status or functions, directly or indirectly, it requires or obtains money or other advantage arriving - tima or exceeding the set proportion legally own benefit or that of a third party, shall be punished with deprivation of liberty from three to eight years.
Arta-culo 152. (Levies). The server or the server public that requires or obtains levies expressed in the previous Arta-culo to convert them for the benefit of the Administration public Republic, shall be punished with deprivation of liberty from one to four years.
Whether is it used any violence in cases of the former Arta-culos, the sanction will be aggravated. in a third
Arta-culo 153. (Contrary to the Constitution and the laws resolutions). The server or the server public public or authority that unlawful decisions or orders contrary to the Constitution or the laws, or implements or having to run these decisions or orders, shall be punished with deprivation of liberty from five to ten years.
The same penalty, will be honored when the resolution is issued by a Prosecutor.
If the crime or she causes damage economic state, the penalty aggravated. shall be a third
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Arta-culo 154. (Breach of duties). The server or the server public that illegally omits, refuses to make or retardare an act of his duties, shall be punished with deprivation of liberty from one to four years.
To the penalty shall be aggravated by one third when the offence causes damage to state economic.
To Arta-culo 157. (Illegal appointments). Will be sanctioned with deprivation of liberty from one to four years and a fine of thirty to sixty days-as, the server or the server public which planning involving the exercise in shortlisting or engage for office public person who does not reuniere the legal conditions for its performance. A Arta-culo 172 Bis.! (From Receptacia³n of offences of corruption). Which after © s of have is committed a crime of corruption will help to its author to ensure the benefit or result of the same or received, conceals, sells or buy to knowing them profits resulting of the crime, will be sanctioned with deprivation of freedom of three to eight years and the confiscation of them goods obtained Ila-citamente.!
Arta-culo 173. (Malfeasance). The judge or the judge, that in the exercise of their functions fictional resolutions manifestly contrary to the law, will be sanctioned with deprivation of liberty of five to ten years.!
If as a result of the malfeasance in criminal proceedings it is condenare to an innocent person, are impusiere le pena Ma s grave that the justifiable or applied is arriving-chil the preventive detention, penalty will be the aggravated by one third to the established in the previous paragraph.
To the rbitros or conciliators or who Desempea±are functions Ana logas decision or resolution and who commit this offence, will have n a custodial sentence of three to eight years.!!!
Whether they would result in damage to the State economic aggravated. Sera in a third
Arta-culo 173 Bis. (I bribery passive of the examining magistrate, judge or Prosecutor). The judge, the judge or Prosecutor accepting their promises or give divas to dictate, delay or ignore dictate a resolution or topic subject to its competence, failure will be punished with deprivation of liberty from five to ten years and a fine of two hundred to five hundred dÃ-as, Ma s special to access any function disqualification public public or elected officials.!!! Ida © ntica sanction will be imposed to the or to lawyers who concertaren such consortia with one or several judges or prosecutors, or belong also, with equal purpose and effect, part of them.!
To Arta-culo 174. (Consortium of judges, prosecutors or lawyers). The judge, the judge or prosecutor who corrupts the formation of consortia with one or more lawyers or formare part of them, with the object of obtaining advantages economic Ila-appointments at the expense of the sound administration of Justice, shall be punished with deprivation of liberty from five to ten years.
Arta-culo 177. (Refusal or delay of Justice). The judicial or administrative official who in the exercise of the Pa function Republic with jurisdiction and competence, administering justice, retardare or suspendue the terms in which corresponds to them to decide on the Tra limits, procedures, resolutions or rulings in accordance with procedural fairness and justice and prompt administration of it, shall be punished with deprivation of liberty from five to ten years.
Arta-culo 185 Bis. (Legalization of profits Ila-appointments). That acquire, convert or transfer property, resources or rights, linked to the crimes of: elaboration, Tra fico Ila - quote from controlled substances, smuggling, corruption, criminal organizations, criminal associations, fico and trafficking, Tra traffic of human organs, Tra of weapons and terrorism, with the aim of concealing or disguising its nature, origin, location, destination, movement or property, shall be punished with deprivation of liberty from five to ten years!! , disqualification for the exercise of the function public public or elected office and a fine of two hundred to five hundred give-as.
This crime is applied also to the behaviors described previously but the crimes which earnings come from Ila-dating had been committed total or partially in other Paa-s, provided that such acts are considered criminal in both Paa-ses.!
To facilitate, or incite to the Commission of the offence, shall be punished with deprivation of liberty of four to eight years.
To be ratified that the crime of legitimization of earnings Ila-dating is autonomous town and will be investigated, prosecuted and sentenced without the need of prior sentence, with respect to the offences referred to in the first paragraph.
Arta-culo 221. (Harmful to state contracts). The server or the server public who knowingly celebrare contracts to the detriment of the State or entities autonomous, self rquicas, mixed or decentralized, shall be punished with deprivation of liberty from five to ten years.!
To in case of that acting culpably, the penalty shall be deprivation of liberty from one to four years.
To the individual who in previous conditions celebrare damaging contract to the National Treasurer-a, shall be punished with three to eight years of seclusion.
To Arta-culo 222. (Breach of contract). Which having concluded contracts with the State or with the entities referred to in the previous Arta-culo, not met them without just cause, shall be punished with deprivation of liberty from three to eight years.
If the breach derivare guilt of the obligor, POPs will be punished with deprivation of liberty from one to four years.
Arta-culo 224. (Conduct Antiecona³mica). The server or the server Pa ° public or which Halla ndos in the exercise of charges management u others of responsibility, in institutions or companies state, causare by bad administration, address Ta © technique or by any other cause, damage to the heritage of them or to them interests of the State, will be sanctioned with deprivation of freedom of three to eight years.!!
A if you acting culpably, shall be punished with deprivation of liberty from one to four years.
ARTA•CULO. 225. (Disclosure economic). The server or the server public or in reason of his position or functions found in possession of data or news which should keep in reserve, relating to the economic Pola-tica and reveal them, shall be punished with deprivation of liberty from one to four years.
To shall incur a felony on the same penalty, aggravated by a third, the servant or Server public prosecution or in the above conditions use or reveal such data or news own benefit or of third parties.!
If statements culpably, the penalty shall be reduced by a third.
To Arta-culo 228. (Contributions and benefits arriving-victims). That abusing its status of leader or that simulating functions, representations, instructions or orders above, Sa - or interposed person, requires or obtains money or other advantage economic self-serving or third party, shall be punished with deprivation of liberty from one to three years.
If the author is a servant or server Pa prosecution, the penalty aggravated. shall be a third
To arta•culo 228 Bis. (Contributions and benefits arriving-most of the servant or public server). If the conduct described in the previous Arta-culo, has been committed by server or Server public, causing damage economic state, the penalty shall be deprivation of liberty from three to eight years.
To Arta-culo 229. (Companies or fictitious associations). That organizare or directs companies, cooperatives or other fictitious associations for these media benefits or undue privileges, will be punished with deprivation of liberty from one to four years and fine of one hundred to five hundred dÃ-as.
If it is a server or Server public which Sa - or interposed person commits the offence, shall be punished with deprivation of liberty from three to eight years and a fine of thirty to sixty days-as.
Arta-culo 230. (Franchises, releases or illegal privileges). He who obtains, usare or illegally negociare releases, franchises, privileges Diploma ticos or otherwise, shall be punished with deprivation of liberty from three to eight years.
The servant or the Pa Server public concediere, usare or illegally negociare such releases, franchises or privileges, will be punished with the penalty established in the paragraph earlier, aggravated by one third.
To 35 Arta-culo. (Voluntary reporting). Anyone who has taken part or participate as instigator, accomplice or abettor, who voluntarily report and cooperate in the investigation and prosecution of crimes systematized in the Arta-culos 24 and 25 of this law, will benefit with the reduction of two thirds of the penalty that corresponds to him.
Capa•tulo INCLUSIONS IV and modifications to the CA "I say of procedure criminal, CA" say CIVIL and law orga•nica of the Ministry Pašblico to 36 Arta-culo. (Arta-culos inclusion in the code of criminal procedure). Included in the code of criminal procedure, the Arta-culos 29 Bis, 91 Bis, 148 Bis, 253 Bis and 344 Bis, Sega º n the following text: A Arta-culo 29 Bis. (Applicability). In accordance with the article 112 of the Constitution Pola-policy of the State, offences committed by servants or servers public that threaten the State and cause serious economic damage, they are imprescriptible and not admit Ra regime of immunity.
TO

91 Arta-culo Bis. (Rescue of the judgment in Rebelda-a). When declaring the Rebelda-a of a defendant in criminal proceedings for the offences laid down in the Arta-culos 24th, 25th and following of the law against corruption, enrichment Ila-quote e investigation of fortunes, the process not be stops with respect to rebel. The been Designara an advocate's office and the accused will be tried in Rebelda-a, along with the other defendants present.
To Arta-culo 148Bis. (Assets recovery abroad). The State may request the foreign authorities cooperation necessary and effective to retrieve goods and Sustraa-two active servers and former servants, servants or former servers public utilities, object or product of crimes of corruption and related offences that are outside the Paa-s.!
Arta-culo 253 Bis. (Processing of seizure in corruption offences). In the case of corruption offences causing serious damage to the State, since the start of investigations, prior fiscal requirement to the competent judicial authority and in a peremptory term of five days-as, is shall apply to the seizure of goods and assets that are reasonably exist, instrument or result of the crime, with full inventory in the presence of a public notary of faith , designating the depositary according to law, and concluded the Tra the body cause jurisdictional limits will, judgment, the Confiscacia³n of such property and assets in favour of the State if applicable.!
Arta-culo 344 Bis. (Procedure of trial in Rebelda-a for offences of corruption). If you found the nonappearance of the accused for offences of corruption, is the Declarara rebel and is Sea±alara dÃ-a new audience of trial for its celebration in their absence, with the participation of his counsel's office, in this case, is notifying to the rebel with this resolution through edicts.!!
To 37 Arta-culo. (Amendments to the code of criminal procedure). Is modify them Arta-culos 90, 366 and 368 of the code of procedure criminal, Sega º n the following text: to Arta-culo 90. (Effects of the Rebelda-a). The Declaration of Rebelda-a not stops the preparatory stage. When be declared during the trial, POPs is stops with regard to rebel and will continue for the Dema s charged present, except for the offences of corruption, criminal action against all the accused, being present and must be pursued.!!!
To the Declaration of Rebelda-a, it interrupts the prescribe.
To Arta-culo 366. (Suspension conditional de la Peña). The judge or the judge or court, prior them reports necessary and taking in has them mobile or causes that have induced to the crime, the nature and mode of the made, may suspend of mode conditional the compliance of the penalty when fulfilled them following requirements: to the person has been condemned to penalty custodial of freedom that not exceed of three years of duration;!
That the convicted person has not been subject to previous conviction for fraudulent offense, in the last five years.
To the conditional suspension of sentence not available on crimes of corruption.
To Arta-culo 368. (Judicial Ooh). The judge or the judge or court dictate conviction, grant the call-in judicial author or split-cipe that upon a first offense has been sentenced to imprisonment not exceeding two years.
Do not study the judicial Ooh, under any circumstances, in crimes of corruption.
To Arta-culo 38. (RA regime applicable to research). Corruption offences are Wellcom n in its procedure of investigation and prosecution provisions in the code of criminal procedure, all which does not contravene the provisions of this law.
To 39 Arta-culo. (Amendments to the Civil Code). Modify the Arta-culos 1502, 1552 and 1553 of the Civil Code, according to the following text: A Arta-culo 1502. (Exceptions). The prescribe does not run: A against who resides or is located outside the national territory in service of the State, up to thirty days-as after their duties have ceased.
Against the creditor of an obligation subject to status or day fixed, until the condition is met or the tenth-a arrives.
Against the heir with the benefit of inventory, with regard to credits that have against the sucesión.
Between Cónyuges.
With regard to action of warranty-a, until the Eviccia³n takes place.
In terms of damage caused to the State economic debts.
In the other cases established by law.
Arta-culo 1552. (Preventive competent in the registry).
To I. Podrà n ask judicial authority the competent preventive of their rights in the register public prosecution: A who demand trial of real estate property, constitute, declare, modify or extinguish any right.!
Who gets your favor providencia sequestration or writ of attachment executed on real estate of the debtor.
Who in any judgment obtained judgment last in authority thing judged by which condemns the respondent to comply with an obligation.
Who follows demand for sentence on impediments or prohibitions that limit or restrict the free disposal of the assets, Sega º n Arta-culo 1540 subparagraph 14).
Whoever has a Ta-chapter whose definitive registration cannot be made due to lack of some remedied requirement.
The Procuradura - General of the State and the Ministry of institutional transparency and fight against corruption, for the purpose of protection of the heritage of the State.
TO II. In those cases planned by the Arta-culo present and when is try of goods furniture subject to registration, the competent is Practicara in them records corresponding.!
To Arta-culo 1553. (TA © rmin of the competent preventive).
TO I. The competent preventive Caducara if to them two years from its date not is converted in inscription.! He judge can extend the Ta © rmin by a new period of a year, that not Perjudicara to third if not is based to their time in the record.!
TO II. It competent preventive is will in registration when is present it sentence favorable last in authority of thing judged, or is show have is troubleshooting the cause that hinder-to Momenta simultaneously it registration and she in these cases produces all their effects from the date of the competent, however of any right registered in the Inta © rvalo.!!
III. The preventive competent in favor of the State Caducara to the four years, extendable to two Ma s, if it is not converted into definitive registration.!!
To 40 Arta-culo. (Inclusion in the unique organic law of the Public Ministry). Included the paragraph 36) the Arta-culo 36 of law No. 2175, organic law ¡(nica deel Ministerio Publico, con el siguiente texto: Â 36) appointed in each Department prosecutors specializing and exclusively devoted to the research and Acusacia³n of the crime of corruption.!
To DISPOSICIA ' N repeal to only. " The following regulations are hereby repealed: A Arta-culo 158 of the law No. 1488 on April 14, 1993 (law of banks and financial institutions, as amended by Act No. 2297 of 20 December 2001 â €"law of strengthening financial supervision and regulations).
All contrary to the present law legal disposal.
A transitional provisions first. Until the courts Anticorrupcia³n created Arta-culo 11 of this law are not in operation, the judges who handled criminal proceedings granted priority in the Tra n mite and resolution processes in which this © n in game interests State.!!
To second. The cases that are processed for crimes of corruption must n be known by the judges, judges and courts, until they choose to the new courts Anticorrupcia³n and later will be transferred to them n.!
Provisions late to first. The actions of investigation and prosecution of permanent corruption offences and linked to ã © sta, established in Arta-culo 25 numeral 2) and 3) of this law, must be applied by the competent authorities within the framework of the Arta-culo 123 of the Pola-tica Constitution of the State.
The numerals 1) 4) 5) 6), 7) and 8) Arta-culo 25, will be n transacted within the framework of the Arta-culo 116, for graph II for the Pola-tica Constitution of the State.
To second. (Of funding). He State guaranteed the financing annual of them Pola-policies and projects of fight against the corruption with resources own, to ensure appropriate Ma margins of research, Acusacia³n and judging.!!
Rema-price to the to "organ Executive, to end constitutional."
To is given in the Hall of sessions of the Assembly Legislative multinational, to them twenty-nine dÃ-as of the month of March of the year two thousand ten.
To Fdo. Rena © Oscar Marta-nez Callahuanca, Hà © ctor Enrique Maple Zaconeta, Andrà © s to. Villca Daza, Clementina Garnica Cruz, Josà © Antonio Yucra walls, Pedro Nuny Hawkeye.
To to therefore, it enacted so that is has and meets as law of the State multinational of Bolivia.
To Palace of Government of the city of the peace, to the thirty and a dÃ-as of the month of March of two thousand ten years.
TO FDO. EVO MORALES AYMA, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Nilda Copa Condori, Nardy Suxo Iturri.
TO