Responsible For The Majistrados Of Court Supreme. - Procedure That Should Be Observed To Enforce It.

Original Language Title: RESPONSABILIDAD DE LOS MAJISTRADOS DE LA CORTE SUPREMA.— PROCEDIMIENTO QUE DEBE OBSERVARSE PARA IMPONERLA.

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law of November 7

Responsibility of the Majistrates of the Supreme Court †" Procedure to be observed to impose it.

ANICETO ARCE,

CONSTITUTIONAL PRESIDENT OF THE REPAsBLICA

For the honorable national congress has sanctioned the following law:

THE NATIONAL CONGRESS,

DECCRETA:

CHAPTER 1.A °

Responsibility of the majistrates of the supreme court.

FIRST SECTION

Preliminary Provisions.

Art. 1.A ° †"The judgment of responsibility against the majistrates of the supreme court, and of which the senate must know, in accordance with the second pera-ode of article 64 of the constitution, will only have a place in the vA-a criminal.

Art. 2.Aâ € "PodrA will be followed by such a trial against the majistrates and judges of the supreme court for the crime of prevarication.

Art. 3.A ° †"Cometen prevaricaras:

l.A° Those who judge against express law, to the detriment of the public cause A³ of third party, for affection A³ disaffection to some person A³ corporation.

2.A° Those who judge by bribery A³ co-done, given A³ promised directly A³ by person.

3.A° Those who intervene and fail because they are personally interested, A³ knowing that it is a relative of his legal, consanguine within the fourth degree to be within or within the second.

4.A° Those who give advice to any of those who litigate A³ are judged before them, with the detriment of the opposing party.

Art. 4.A ° †"For the prevaricence comprised in the first perA-ode of the previous article, the penalties for the deprivation of employment and of the disabled for obtaining a public charge will be imposed.

For that of the second period, the same sorrows, with more that of imprisonment for two years.

For the third and fourth perA-ode, equal job deprivation and disabling to return to exercise.

Art. 5.A ° †"To the conjudges who incur in prevariction will be imposed equal penalties, converting the one of deprivation of employment in suspension of the law-to by four years; and the one of disablement to return to the exercise, in that of absence eight years.

Art. 6.A ° †"The chamber of senators shall declare the responsibility of the majistrados and the judges, in the respective trial, only by accusation that the one of deputies in compliance with the provisions of Articles 60 and 64 of the constitution, must To pass him, either on his own initiative, or at the initiative of his members, He was well-on-side, admitting to the direct complaints of the offended parties, A³ denunciations of any citizen.

Art. 7.A ° †"Those who have induced to commit the prevarication will be submitted to the ordinary judges, so that they will apply them, as the case may be, the penalties established in the penal code.

SECCIA" N SECOND

(a)

Art. 8.A to € "The procedure of the chamber of deputies for the accusation will be as follows:

Art. 9. ° †"The accusing propositional, will be read in public session, and sent its impression, will be distributed to the deputies and accused persons.

Art. 10.†"Impresa and distributed the initiative of accusation, the complaint A³, respectively, will be passed with all the pieces that the company, to the commission of justice, that will take care of to recover to the brevity possible all the data necessary so that the chamber could decree A³ not the accusation, with knowledge of cause, exercised to the effect the commission to the faculties,

Art. 11.†"The commission of police-to-court will represent the public ministry before the commission of justice during the instruction of the summary in accordance with article 121 of the constitution.

Art. 12.†"The defendants may produce before the commission of justice the supporting documents that will be agreed upon them.

Art. 13.†"Concluded the submissive, the commission of the police-to the judicial system open to the court to establish conclusions on the following points: 1.A ° to the men of all the data collected: 2.A ° dictate on if they throw out not enough light to motivate the Accusation: 3.A-qualification of the offenses charged.

Art. 14.†"The cA will deliberate on this dictatorship, subject in the debate to all the requirements of its rules of procedure.

Art. 15.†"If the cà ¡ mara resolved not to have a rite to dictate accusation, then it could not try again against the same majistrado and for the same fact.

Art. 16.†"If the cA will find the accusation founded, it will decrease it as follows:

The chamber of deputies, heard the dictatorial men of their commission of police-to judicial, resolves:

N. N. as well as public officials, for the following crimes: †"

(Aqua-crime),

Art. 17.†"Decretala the accusation by the chamber of deputies, a copy of an authentic copy will be sent to the president of the supreme court, so that he will communicate to the accused, by vA-a of summons and placement and return it immediately with the

if any of the accused were elsewhere, the same official would send the court by letter agreed with a short term of time. one of the authorities of the residence of that. Returned the dimly-lit letter, you will also pass the card to the camera to run in the process.

SECCIA " N THIRD

Of The Trial.

Art. 18.†"Submitted the accusation to the senate, it will be passed with all the workers to its commission of police-to judicial.

The president of the president, accompanied by the notary that I will designate, will take the confession of the accused A³ accused.

Art. 19.â € "Received the confessional, the senate president was seen to be a day for the debate.

Art. 20.†"Notified this providence To all the parties, the list of witnesses to be declared in the debate, with specification of their name and surname, profession and neighbourhood, shall be presented to the president of the police office. A³ residence.

These lists will be presented in the first three days following the notification made in accordance with the preceding paragraph.

They will be known to all parties respectively, and must be rejected in the debate witnesses who are not included in the lists, except that the Senate believes it is necessary to hear declaration.

Art. 21.†"SerA parties to the trial, the public ministry, represented by the tax commission that designates the chamber of deputies according to Article 121 of the constitution, the person and the person offended, provided that in his complaint and not then, a civil party would have been constituted in express terms.

Art. 22.â € "The defendants may challenge up to a quarter of the individuals who form the room without having to raise the cause.

But if you recuse more than mere, you will not enjoy such a benefit: and you should be able to raise the cause for all the people. without exception, in this case the provisions of the civil procedure relating to recusal.

Art. 23.â € "Run three days after the confession, the defendant will only be able to recuse himself for over-coming causes

Art. 24.†"When the number of judges is lacking for the purpose of schools and recusals, the alternate senators will be called.

Art. 25.†"On the appointed day and with the quorum of law, the president will declare the hearing open.

The secretary will read the complaint A³ querella and the indictment.

DarA also read all the documents that the parties present, and the witness lists.

Art. 26.†"The president will question the witnesses in the manner prescribed by the criminal procedure, already on their own initiative.

The senators will have the right to question the witnesses.

Art. 27.â € "The Senate could accept all kinds of evidence, rejecting those that were impertinent to them.

Art. 28.†"The tax commission of deputies will conclude with a report indicating the names of the accused and the crime for which they are judged, the evidence produced and the appreciation of them, and if they do not have the opinion, they will

the

application of the penalty that must be imposed.

The civil party and the defendant A³ their lawyers, they may allege from the bar.

Art. 29.â € "Produced the conclusions of the parties, the president of the senate will declare the hearing closed.

SECCIA" N FOURTH

Of the statement.

Art. 30.†"The Senate hearing will be completed, it will be held in permanent and secret session, to agree the sentence that must be given.

Art. 31.â € "You will then proceed to vote in a public vote. Each senator will issue his or her vote, according to his own discretion, to the jury law in order to describe the facts and their evidence; and to conclude as a judge of law by applying the law in the qualification of the crime and the imposition of the penalty.

No senator from those who had attended the debates of the cause, could be heard of casting his vote for the sentence; he must express it in writing in the event that by any impediment he cannot attend the public session.

Art. 32.†"For the conviction A³ declaratory of innocence, two-thirds of the votes, of the dryers that make up the room are necessary.

If computed, the two-thirds will result, the president will declare that N. and N. are responsible

If the number of votes for the conviction were lower, declare that they are not responsible.

Art. 33.â € "Proclaimed the vote, the sentence will be written and signed by the judges. No dissenting votes will be inserted.

Art. 34.†"In the trials followed by a legally constituted civil party, the sentences shall be imposed on the satisfaction of the responsible majistrates, in accordance with the penal code, saving the right of access to credit and liquidate Before the ordinary justice, the damages and damages that could have been irrogated and exijir the compensation of them.

Art. 35.†"The sentences declaring innocence, A³ absolve for absolute lack of evidence, will always express this circumstance.

The majistrados may in such cases pursue before the courts of justice the complainant A³ If you have not been an MEP as such.

In the case of the third paragraph of Article 32, the majistrates will not have the right to be expressed.

Art. 36.â € "Notified the sentence by the notary who intervened, a testimony from her will be passed to the chamber of deputies, and another to the executive branch to be served by the authority of the Janeral prosecutor.

SECCIA" N QUINTA

Janeral provisions.

Art. 37.†"The public action for the judgment of the crimes shall be extinguished in the article 1.A, and shall be extinguished because it has not been attempted within the immediate year.

If it were to be defeated during the recess of the gangs, the complaint, denounced A³ parliamentary initiative, should be deposited in the ministry of justice, which will be published immediately.

Art. 38.†"The responsible majistrados, will always be judged according to this law, even if they have ceased in the exercise of their functions.

Art. 39.â € "If only one was denounced by some of the judges who will pronounce the sentence, however, if the other judges are in equal conditions, the preliminary instruction and the accusation will also understand them, and all of them will be They will be judged jointly, having for their jestions and defenses the same common term, which the defendants have as several.

Art. 40.†"When for the accusation A³ the trial was necessary some record A³ document, the cA will be able to compress them. Only in testimony, if they are pending in some instance A³ resource A³ if its orijinal straccionation is forbidden.

Art. 41.†"The processes organized in the cAs will be archived in the secret-to-the-senate secret; returning to the respective offices the certified pieces of orijinals.

Art. 42.†"Every convicted person who is suffering some penalty in compliance with a sentence pronounced by the supreme court, will be released from it, after the responsibility of the majistrados who pronounced it has been declared.

Art. 43.â € "If the senate trial is not sufficient for the term of the ordinary remoteness to resolve the charge, it will extend its sessions for as long as necessary, within the maximum limit set by the constitution. If the prayer is still insufficient, it will enter the congress in extraordinary sessions.

Art. 44.â € "The provisions of this law apply only to the majistrates and judges of the supreme court: they do not repeal or modify the bases concerning the judgment and responsibility of the other judicial officials.

Art. 45.†"All laws and provisions relating to the responsibility of supreme court magistrates are repealed.

Communal-be to the executive branch for constitutional purposes.

National Congress session chamber" La Peace, the twenty-six days of the month of October of a thousand eight hundred and ninety years.

SERAPIO RA%YES ORTIZ.†"DANIEL G. QUIROGA.€" ROBERTO TA©llez â€" S. Secretario.†"Român Pazâ€" D. Section.†"José Mará-a Linà ¡ â€" D. Secretary.

Therefore: I enact it so that it has and will comply with the law of the republic.

Palace of government. †" La Paz, the seven days of the month of November of a thousand eight hundred and ninety.

ANICETO ARCE.

The Minister of Justiceâ € "

Jenaro Sanjinoms.