2) (BAN ERROR).-Invincible error on the illiteness of the constitutive fact of the criminal type excludes criminal liability. If the error is due, the penalty may be reduced in accordance with Article 39.

13.Substitute Article 17 of the Criminal Code, as follows: (INIMPUTABILITY).-It is exempt from penalty that at the time of the event by mental illness or by grave

perturbation of consciousness or serious inadequacy of intelligence, cannot understand the antijurity of its action or conduct itself according to this understanding.

14. Amend Article 18 of the Criminal Code, in the following form: (SEMI-IMPUTABILITY).-When the circumstances of the causal In the previous article, do not

totally exclude the ability to understand the antijurity of their action or to conduct themselves according to this understanding, but to decrease it noticeably, the judge will attenuate the penalty according to Article 39

15.

15.

15. Modify Article 19 of the Criminal Code as follows: (ACTIO LIBERA IN CAUSA).-The one who voluntarily causes his or her inability to commit a crime

will be sanctioned with the penalty provided for the offence; if it had to have provided for the type penalty, will be punished with the punishment of the guilty offence.

16. Replace Article 20 of the Penal Code, by the following: (AUTHORS). -It is authors who do the fact alone, jointly, through another or the

that dolously lend a cooperation of such a nature, without which it would not have been possible to commit the legal antilegal fact.

It is author It is the case that the one who dolously serves as another instrument for the execution of the crime. 17. Substitute Article 22 of the Penal Code, for the following: (INSTIGADOR).-It is instigator that he dolously determines another to the commission of a dolous legal fact.

It will be sanctioned with the penalty foreseen for the author of the crime. 18. Substitute Article 23 of the Penal Code, for the following: (COMPLICITY).-It is complicit that it willfully facilitate or cooperate with the execution of the dolous legal fact, in such

form that even without that assistance would have been committed; and the that under previous promises, it provides assistance or assistance after the event. It will be sanctioned with the expected penalty for the offence, attenuated under Article 39.

19.As amended, Article 24 of the Criminal Code, in the following form: (INCABRABE).-Each participant shall be penalized in accordance with his or her guilt, without taking into account the

culpability of others. The special relationships, qualities and personal circumstances that merge, exclude, increase or decrease the

responsibility, do not communicate among any of the participants. Lacking in the instigator or accomplice, special relationships, qualities and personal circumstances that merge

the author's punishment, his penalty will be diminished in accordance with Article 39. 20.Amend Article 26 of the Criminal Code as follows: (ENUMERATION).-They are major penalties: 1) Presidio

2) Seclusion 3) Provision of work 4) Days-fine

Special disablement is punishable. 21.Substitute Article 28 of the Criminal Code, for the following: (PROVISION OF WORK).-The penalty for the provision of work for the benefit of the community requires the

condemned to render his work in activities of public utility that do not they are against their dignity and are in accordance with their capacity.

The provision of work shall not interfere with the normal work of the sentenced person, shall be fulfilled in public establishments and in associations of general interest in the schedules to be determined by the judge. It shall have a maximum duration of forty-eight weeks, and weekly shall not exceed sixteen

hours, not less than three hours. The provision of work may only be carried out with the consent of the sentenced person. In case the convicted

does not consent, the penalty will be converted into a custodial sentence. To this end, one day of deprivation of liberty is equivalent to two hours of work per week. This replacement will be performed for one time, and once performed it cannot be stopped.

The surveillance judge must require reports on the job performance of the employing entity. In case the reports are not favorable, it will be converted into deprivation of liberty under the previous paragraph.

22.Replace Article 29 of the Penal Code as follows: (DAYS FINE).-The fine consists of the payment to the Box of Repairs, of a quantity of money to be fixed

by the judge in days fine, depending on the economic capacity of the sentenced person, his daily income, his fitness for work and his family charges, considered at the time of The sentence is handed down. The minimum will be one day fine and the maximum of five hundred.

The fees that the sentenced person must pay will not exceed the maximum repayable of his salary, if this is his only source of resources. The maximum total amount of the fine day may not exceed 25 national minimum monthly wages.

If the sentenced person does not provide sufficient information on his income, wealth or other basis for the calculation of a daily fee, then

amount of days fine, the amount of the daily fee, and the payment period will

indicated in the resolution. 23.Substitute Article 30 of the Penal Code, as follows: (CONVERSION).-When the penalty of days is imposed jointly fine and penalty of liberty, no

the conversion of the fine days proceeds in deprivation of liberty. In other cases, the conversion shall take place where the convicted solvent shall not pay the fine.

Before conversion, the judge may authorize the sentenced person to write down the pecuniary penalty, by way of work. You may also authorize the payment of the penalty for fees, by fixing the amount and date of the payments, according to your economic condition or by ensuring that you satisfy the fine by making it effective on the goods, wages or other entries of the sentenced person.

The payment of the fine at any time, it leaves the conversion without effect, discontinuing the time of seclusion that has served the condemned, in the proportion established.

For the purposes of the conversion and amortisation, a day of seclusion is equivalent to Three days fine and a four-hour working day is equivalent to a fine day.

24.Replace Article 31 of the Penal Code, as follows: (EXTENSIVE application). -The penalty of fine days established in special criminal laws in force, will be applied

as provided in the previous articles. 25.Replace Article 34 of the Penal Code, as follows: (SPECIAL DISABLING):-Special disablement consists of: 1) The loss of the mandate, office, employment or public commission. 2) The inability to obtain mandates, posts, jobs or public commissions, by popular choice or appointment. (3) The prohibition on the exercise of a profession or activity whose exercise is dependent on the authorisation or licensing of public authorities. 26. Amend Article 36 of the Criminal Code as follows: (APPLICATION OF SPECIAL DISABLING).-Special disablement of six months to ten years,

after the completion of the main penalty, when the the offence committed amounts to the amount of a violation or a contempt of the rights and duties of the term, office, employment or commission, incompetence or abuse of the professions or activities referred to in Article 34 and offences committed:

1) By public officials, presidents, commissioners, in the exercise of their functions; (2) by doctors, lawyers, engineers, financial auditors and other professionals in the exercise of their professions; or (3) by those engaged in industrial, commercial or other activity.

In previous cases, special disablement is inherent in the time of compliance with the custodial sentence. The minimum of the special disablement penalty will be five years, in the following cases: 1) If the death of one or more persons occurs as a result of a serious violation of the duty of

care. (2) If the offence is committed by a public official in the performance of his duties. 27. Replace Article 39 of the Penal Code, as follows: (SPECIAL ATTENUATING).-In cases where this code expressly provides for a special attenuation, it will be

proceed as follows: 1) The prison sentence of thirty years will be reduced to fifteen. (2) Where the offence is punishable by imprisonment with a minimum of more than one year, the penalty imposed may

be reduced to the legal minimum of the prison term of the prison. (3) Where the offence is punishable by a prison sentence of a minimum of one year or a sentence of imprisonment with a minimum of

greater than one month, the penalty imposed may be reduced to the legal minimum of the criminal scale of the seclusion. 28. Amend article 43 of the Penal Code, as follows: (SANCTIONS FOR THE ABOVE CASES).-Reincident in addition to the penalties that correspond to the

crimes committed, the judge will impose security measures on you more convenient. 29.Substitute Article 59 of the Criminal Code, for the following: (SUSPENDED SENTENCE).-The judge, in a reasoned and prior statement of the necessary reports,

may conditionally suspend the performance and enforcement of the penalty, where the following conditions are met: (1) The custodial sentence imposed does not exceed three years; (2) the agent has not been the subject of a previous national or foreign sentence for a criminal offence; and, (3) the personality and mobile of the agent, the nature and modality of the event and the desire If

consequences of this are to be repaired, it

not be possible to infer that the condemned person will commit new crimes. 30. Include as Article 71a of the Penal Code, the following: (CONFISCATION OF ASSETS AND ASSETS).-In cases of legitimization of illicit proceeds from the

offences referred to in Article 185a, the confiscation shall be made available: 1) Of the resources and goods coming directly or indirectly from the legitimization of illicit profits acquired from the

date of the oldest of the acts that has justified his conviction; and, 2) of the resources and goods from the directly or indirectly from the offence, including the proceeds and other benefits that are

obtained from them, and not belonging to the convicted person, unless their owner demonstrates that they have acquired them effectively by paying their fair price or change of benefits corresponding to their value; in the case of donations and transfers in title free, the recipient or beneficiary must prove their participation in good faith and the lack of knowledge of the illicit origin of the goods, resources or rights.

When the resources from directly or indirectly from the crime are merged with a acquired legitimately, the confiscation of that property shall only be ordered up to the value estimated by the judge or tribunal, of the resources that have been joined to it.

The confiscation shall be made available with the intervention of a notary of public faith, who proceed to the inventory of the goods with all the necessary details to be able to identify them and locate them

When the confiscated property cannot be filed, the confiscation of its value may be ordered.

Any act performed for consideration or free of charge directly or by person or by any means shall be null and void. indirect, which is intended to conceal assets from the confiscation measures that may be the object.

The seized assets and assets will be transferred to the State and will continue to be taxed by the legally constituted real rights. for the benefit of third parties, up to the value of such rights. Your administration and destination will be determined by regulation.

31.Modify the second paragraph of Article 73 of the Criminal Code, and include a third paragraph in the following form: If the penalty is fine, at the rate of one day detention for three days-fine.

The computation of the deprivation of liberty will be practiced taking into account even the detention suffered by the convicted person since the day of his arrest, even at police headquarters.

32. Amend Article 82 of the Penal Code as follows: (DETENTION FOR REPEAT OFFENDERS).-Reincidents, after the time the penalties provided to them

apply to them, or to be applied to their work at home or to reform, or an agricultural penal colony, or any of the measures provided for in Article 79, in accordance with Article 43, for as long as it is deemed necessary for its social rehabilitation with periodic review of its trade every two years.

33.Replace the numbering of Article 99 with that of Article 98 of the Criminal Code and vice versa. 34.Amend Article 109 of the Criminal Code as follows: (TREASON). -The Bolivian who will take up arms against the homeland, will unite his enemies, will help them, or will be found

in complicity with the enemy during the state of foreign war, will be sanctioned with thirty years of prison without the right to pardon.

35.Modify Article 110 of the Penal Code, as follows: (SUBMISSION OF TOTAL OR PARTIAL SUBMISSION OF THE NATION TO FOREIGN DOMAIN).-The one to be performed by the acts

provided for in the previous article. In whole or in part the Nation to the foreign domain or to undermine its independence or integrity, will be Thirty years of prison has been sanctioned.

36. Include as article 132 bis of the Penal Code, the following: (CRIMINAL ORGANIZATION).-The one that will be part of an association of three or more persons organized in a way

permanent, under rules of discipline or control, aimed at committing the following crimes: genocide, destruction or deterioration of state property and national wealth, subtraction of a minor or incapable, deprivation of liberty, vexation and torture, kidnapping, legitimation of illicit profits, manufacture or illicit trafficking of substances controlled, environmental crimes foreseen in special laws, crimes against intellectual property, or taking advantage of commercial or business structures, to commit such crimes, will be sanctioned with one to three years imprisonment.

The organization will be sanctioned with imprisonment of two to six years. The penalty will be increased by a third when the organization uses minors or unable to commit the

crimes referred to in this article, and when the member of the organization is a public official in charge of preventing, investigate or judge the commission of crimes.

37.Substitute Article 133 of the Criminal Code as follows: (TERRORISM).-The one who will be a party, act in the service or collaborate with an armed organization

committing crimes against common security, life, bodily integrity, freedom of locomotion, or property, in order to subvert the constitutional order or to maintain in a state of zozobra, alarm or collective panic to the population or to a sector of it, will be sanctioned with prison from fifteen to twenty years, without prejudice to the penalty that

38.

38.

38.Include as Article 173 bis of the Criminal Code, the following: (JUDGE ' S LIABILITY).-The judge who will accept promise or gift to dictate, delay or omit to issue a

resolution or In the case of his competition, he will be sentenced to three to eight years ' imprisonment and fined Two hundred and five hundred days.

39.Add as the second paragraph of Article 158 of the Criminal Code, the following: It shall be waived for this offence to be exempt from the particular offence which would have occasionally accessed the application for a gift or

advantage required by public authority or official and I shall report the fact to the competent authority prior to the opening of the relevant criminal procedure.

40. Replace Article 173 of the Criminal Code, by the following: (PREVARICATO).-The judge who, in the exercise of his duties, will make decisions manifestly

contrary to the law will be sanctioned with imprisonment of two to four years.

If, as a result of the prevaricate in criminal proceedings, an innocent person is convicted, he or she is charged with more serious punishment than the justifiable one or the preventive detention will be applied illegitimately, the sentence will be three to eight years.

The provisions of the first paragraph of this article are applicable to arbitrators or friendly components or to those who perform analogous functions of decision or resolution.

41.Include as Article 179 ter of the Criminal Code, the The facts provided for in Articles 173, 173a and 177 shall be as follows: Very

severe to the effects of disciplinary responsibility determined by the competent authority. If the disciplinary administrative procedure takes place prior to the criminal proceedings, it shall take precedence over the criminal proceedings. The administrative decision that will be issued will not have the effect of res judicata in relation to the subsequent criminal proceedings, which must be adjusted to the contents of the criminal sentence that is subsequently handed down.

42. As article 179 bis of the Penal Code, the following: (DISOBEDIENCE TO RESOLUTIONS IN HABEAS CORPUS AND AMPARO

CONSTITUTIONAL).-The official or private person who does not give exact compliance with the judicial decisions, issued in processes of habeas corpus or constitutional amparo, will be sanctioned with seclusion from two to six years and with a fine of 100 to three hundred days.

43.Include as Chapter III, TITLE III, of the Second Book of the Penal Code, the following: PENAL AND ADMINISTRATIVE REGIME OF LEGITIMIZATION OF ILLICIT PROFITS. Include as article 1818a of the Penal Code, the following: (LEGITIMIZATION OF ILLICIT PROFITS).-The one that acquires, converts or transfers goods, resources or

rights, that come from crimes related to the illicit trafficking of substances controlled, of crimes committed by public officials in the exercise of their functions or of crimes committed by criminal organizations, in order to conceal or cover up their nature, origin, location, destination, movement or property It will be sanctioned with prison of one to six years and with a fine of one hundred to five hundred days.

This criminal type will apply to the conduct described above, although the crimes of which the illicit proceeds come have been committed in whole or in part in another country, provided that these facts are considered criminal in both countries

44.Include as article 1818b of the Penal Code the following: (ADMINISTRATIVE REGIME FOR THE LEGITIMIZATION OF ILLICIT PROFITS). -Create the

Financial Research Unit, which will be part of the organic structure of the Superintendence of Banks and Financial Entities. The Executive Branch, by means of a Supreme Decree, shall establish its organization, powers, the creation of units disconcentrated in the system of financial regulation, the procedure, the form of transmission and the content of the declarations that are send, the administrative infringement regime and the procedures for the imposition of administrative penalties.

Financial institutions and their directors, managers, administrators or officials who contravene the obligations established in the Supreme Regulatory Decree, will be made to be imposed the administrative penalties laid down in the legal rules governing the financial system. Directors, managers, administrators or officials responsible for reporting possible cases of legitimization of illicit profits to the Unit of Financial Investigations shall be exempt from administrative, civil and criminal liability, provided that the complaint complies with the rules set out in the regulatory decree.

The maximum executive authority of the Financial Investigations Unit will substantiate the determination of the administrative responsibility and the Superintendent will apply the ensuing sanctions, subject to the legal regime. established. In order to determine the appropriate sanction, account shall be taken of the seriousness of the non-compliance and the degree of participation and guilt of the persons responsible. In these cases, the system of challenges and resources of their resolutions will be subject to the law.

Financial institutions and their bodies will not be able to invoke bank secrecy when the agents of the Investigations Unit Financial institutions require information for the proper performance of their duties. The information obtained by the Financial Investigations Unit may only be used to investigate the legitimization of illicit profits.

45. Modify Article 204 of the Penal Code, as follows: (CHECK IN DISCOVERED).-The one who will turn a check without sufficient provision of funds or

express authorization to rotate in discovery, and I will not pay its amount within the seventy-two hours of having communicated the lack of payment by notice banking, holder communication or any other documented form of interpellation, shall be

the same way,

same penalty will incur the one that I will turn the check without being authorized, or the one that will use it corno document of credit or guarantee. In these cases the checks are null and void.

The payment of the amount of the check plus the interests and court costs in any state of the process or the determination of the nullity for the reasons mentioned in the previous paragraph, constitute grounds for extinction of the criminal action for this crime. The criminal justice of the case, before declaring the extinction of the criminal action, will determine the amount of interest and costs, as well as the existence of the causals that produce the nullity of the check.

46. Replace the name of the Article 251 of the Criminal Code, for that of (HOMICIDE), and replace its criminal scale, fixing it in prison for five to twenty years.

47. Amend the criminal scale of Article 252 of the Criminal Code, setting it in prison for thirty years, without the right to pardon.

Amend article 252 (2) of the Criminal Code as follows:

2) For reasons futile or low. 48. Modify the penalty of Article 253 of the Penal Code, fixing it in prison for 30 years, without the right to pardon. 49. Amend Article 260 of the Penal Code, as follows: (CULPABLE HOMICIDE).-The one who will cause the death of a person to be in prison for six months to

three years. If death occurs as a result of a serious violation of the duties inherent in a profession,

officio or charge, the sanction will be one to five years. 50. Substitute Article 261 of the Criminal Code, for the following: (HOMICIDE AND SERIOUS INJURY TO PUBLIC TRANSPORT SERVICES IN

GENERAL).-Guilty of death or serious injury to one or more persons In the case of a transit accident with a means of transport which provides a public service, it shall be subject to a sentence of one to five years and disablement of driving for a period of five years. The disablement will be aggravated for a period of six to ten years if the event occurs with the author under the dependence of any substance that diminishes the power of determination.

One to five years of imprisonment will be imposed the owner, manager or administrator of a public transport service undertaking where the failure of his or her duties of care in the choice or instruction of his or her dependents, or in the proper maintenance and preservation of the means of transport transport, is the determining cause of a traffic accident resulting from death or injury

51.

51.

51.

51.Modify the second paragraph of Article 271 of the Criminal Code, as follows:

If the incapacity is up to twenty-nine days, the author will be sentenced to six months to two years or to work to the maximum.

51bis Replace Title XI of the Second Book of the Criminal Code with the "CRIMES AGAINST SEXUAL FREEDOM".

Modify Articles 309, 311 and 314 of the Criminal Code, by deleting the term "honest". 52.Modify the second paragraph of Article 326 of the Criminal Code as follows: The penalty shall be Three months to five years, in particularly serious cases. As a rule a case is considered

especially serious when the offense is committed: 1) With escalation or use of ganzua, false key or other such instrument, to penetrate to the place where the

object of the subtraction is located. 2) On the occasion of a popular shock or shock. 3) Taking advantage of an accident or a particular misfortune. 4) About things of artistic, historical, archaeological or scientific value. 5) About things that lie outside the control of the owner. 6) On matters of first necessity or intended for a public service, provided that the subtraction

causes a breach to it, or a situation of supply.

7) About things of a church or other building or local in which a religious cult is professed. 53.Amend article 332 of the Penal Code, as follows: (AGGRAVATED ROBBERY).-The penalty shall be three to ten years: 1) If the theft is committed by arms or by covering up the identity of the agent. (2) If committed by two or more authors. (3) If it is committed in an unpopulated place. (4) If any of the circumstances referred to in paragraph 2 of Article 326 are present. 54. Replace Article 335 of the Penal Code, as follows: (ESTAFA).-The intention to obtain for himself or a third party an undue economic benefit, by means of deception or

motivate the conduct of an act of patrimonial disposition to the detriment of the subject in error or of a third party, shall be sanctioned with imprisonment of one to five years and with a fine of sixty to two hundred days.

55.Include as article 346 bis of the Criminal Code, the following: (AGGRAVATION IN THE CASE OF MULTIPLE VICTIMS).- Articles 335, 337, 343, 344,

345, 346 and 363 bis of this code, when performed at the expense of multiple victims, shall be punishable by imprisonment of three to ten years and with a fine of one hundred to five hundred days.

56. the first paragraph of Article 350 of the Criminal Code, as follows: (ABIGEATO).-The one to take over or to misappropriate the horse, mular, asnal, bovine, porcine,

caprino and lanar, shall be sanctioned with one to five years. 57.Include Chapter XI of Title XII of the Second Book of the Criminal Code, the following: "DELITOS

COMPUTER". Include as article 363 bis of the Penal Code, the following: (COMPUTER MANIPULATION). -That with the intention of obtaining an undue benefit for itself or a third party,

manipulate a processing or transfer of computer data that leads to an incorrect result or avoids a process that would have been correct, thereby causing a transfer of assets to the detriment of the third party, will be sanctioned with imprisonment of one to five years and with a fine of sixty to two hundred days.

Include as article 363 ter of the Penal Code, the following:

(ALTERATION, ACCESS AND MISUSE OF COMPUTER DATA).-That without being authorized to hold, access, use, modify, delete or inuse, data stored on a computer or in any computer medium, causing injury to the information holder, will be sanctioned with a work performance up to a year or fine up to two hundred days.

58.Include as article 277 bis of the Penal Code, the following: (GENETIC ALTERATION).-Will be sanctioned with deprivation of Two-to four-year freedom and special disable

who for purpose different to the therapeutic manipulates human genes so that the genotype is altered. 59. Replace article 362 of the Penal Code as follows: (CRIMES AGAINST INTELLECTUAL PROPERTY).-Who for profit, to the detriment of others,

reproduce, plagiarize, distribute, publish on screen or on television, in whole or in part, a literary, artistic, musical, scientific, television or cinematographic work, or its transformation, interpretation, artistic execution through any means without the authorization of the owners of the intellectual property rights or of its dealers or import, export or store copies of such works, without the This authorization will be punishable by imprisonment of three months to two years and a fine of sixty days.

Article 3.- Articles 21, 32, 33, 35, 42, 55, 83, and 217 of the Penal Code, approved by Decree Law 10426, are repealed. Article 320 of the Code of Criminal Procedure, approved by Decree Law No. 10426, is repealed. Article 4.- The Executive Branch, through the Ministry of Justice, will carry out the normative and publication of the Penal Code, incorporating in its text the modifications regulated in this law, without altering the correlative order of its original numbering. Pass to the Executive Branch for constitutional purposes It is given in the Session Room of the Honorable National Congress, on the six days of the month of March of a thousand nine hundred and ninety-seven years. Fdo.-Raul Lema Patino, Georg Prestel Kern, Walter Zuleta Roncal, Guido Capra Jemio, Hugo Baptista Orgaz, Ismael Moron Sanchez. Therefore, it is enacted so that it has and will comply with the law of the Republic. Palace of Government of the city of La Paz, ten days of the month of March of a thousand nine hundred and ninety-seven years. FDO. GONZALO SANCHEZ DE LOZADA, Carlos Sanchez Berzain, Jose Guillermo Justiniano Sandoval, Rene Oswaldo Blattmann Bauer.