Reduced Sentences, Rehabilitation, Indulto.- Procedure For On Petitions.


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REDUCTION OF PENALTIES, REHABILITATION, INDULTO.†Procedure to be followed in the petitions.



FOR HOW much: The national congress has sanctioned the following lei:



Art. 1.A ° The reduction of the penalties referred to in Article 100 of the criminal code, shall be requested by the inmate, either by sA or by prosecutor, before the same court that pronounced the conviction of the first instance, with the testimony of that sentence and with the certificates of the warden of the prison, under the article 431 of the criminal procedure, for the effects of the article 44 of the penal code.

Art. 2.A ° Those who have been sentenced to the penalties of disqualification or deprivation for office or employment, as well as for the purposes of confinement, confinement or exile, or have been declared unworthy of the Bolivian name or (a) the national authorities may request the reduction of the third part of these penalties, after having suffered them for three years four months, in so far as they do not have them time determined in their duration, they are considered equivalent to 10 years of penalty.

Art. 3.A ° The inmates included in the article 102 of the penal code, will not be able to ask for a markdown. †" Requested it will be rejected.

Art. 4.A ° The claim will be admitted with tax news, and must be given day and hour for the hearing, in order for the plaintiff to prove his good conduct during his conviction, and the ministry has the reasons to oppose it. to the downgrade.

Art. 5.A ° The hearing, the judge of the party shall decide, according to the result of the tests; granting the reduction, when there is a place to it in conformity with the articles 55 and 100 of the penal code and article 2.A ° of this lei.

Art. 6.A ° Of the statement spout in the article 5.A, hai place to appeals before the high court and nullity before the supreme court. The plaintiff and the prosecutor may make use of the appeal in the three-day term, and of the appeal proceedings in eight days. If the appeal for the ministry's appeal is not filed

public, the judge will raise the sentence you have delivered in consultation with the superior court.

Art. 7.A ° The reduction of the penalties imposed in the first instance by the district court, will be requested before it. From the order that I shall pronounce, the prosecutor and the party may bring the action for annulment before the supreme court in the eight-day term. If the judgment in the first and only instance had been ruled by the supreme court, the downgrade would be sought before it, without another recourse.

Art. 8.A ° Rehabilitation as to Bolivians, or as citizens respectively, to those who had lost these qualities, could not grant it the Senate, in the following cases: 1.A ° when the one who had naturalized in paA-s In writing before the Senate, he expressed his willingness to return to the Bolivian community: 2.A ° when he who had admitted jobs, functions or decorations of a foreign government, without special permission from the Senate, would have renounced them and In writing before the chamber of senators, it would not have been his intention to resign his nationality: 3.A ° when the declared fraudulent bankruptcy, accompanied by documents proving to have paid his creditors in full: 4 A ° when in cases of judicial damnation by competent courts, to corporal punishment, check the person concerned with the testimony of the convictions and the reduction in his case, have served the sentence in his or her integrity, or prescribed the penalty according to the laws; 5.A ° when the inmate has been forgiven according to the lei accompanying the request for rehabilitation, the decree of pardon or amnesty. In the case of cases 4.A and 5.A, the evidence of good conduct and the certificate attesting the payment of costs and damages shall be accompanied, provided that the liability is not prescribed. Outside of these cases, and without the conditions under pressure, the Senate will not be able to grant rehabilitation.

Art. 9.To ° The capa-title 2.A ° 4.A ° book 3.A ° of the mercantile code is opened; the chapter of the criminal procedure and the article 101 of the criminal code.

Art. 10. The inmate who requests a pardon, will accredit his good conduct, after the perpetration of the crime and have suffered even a third part of the sentence imposed on him by the courts of justice.

Communal-to the executive branch.

Session of the National Congress. †" Sucre, November 16, 1887.

M. Baptista.

Jenaro Sanjináns.

Horacio Rios, senator secretary.

R. Arano Peredo, Deputy Secretary.

Eloy Cabezas, Deputy Secretary.

TANTO: I enact it so that it has and meets as I read from the public.

Palace of government. †" Sucre, November 18, 1887.


The Minister of Justice, Public Instruction and Culto†"

J. Pol.