Key Benefits:
law no 1602 law of December 15, 1994
GONZALO SANCHEZ DE LOZADA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
THE HONORABLE NATIONAL CONGRESS, DECREE: ? LAW OF ABOLITION OF PRISON AND BODY AAWARD FOR PROPERTY OBLIGATIONS? Article 1. (Freedom from conviction). Every convicted person in criminal proceedings, whatever his or her sentence, will be immediately released, however, the compensation of the civil and the costs of the process will be pending. These responsibilities may be made effective solely on the assets of the person responsible, by the persons entitled to this effect and by means of the procedure established by law. Article 2. (Computation or penalty settlement). The sentence of conviction, the judge of the cause, of trade and under his responsibility, will be executed within the next three days will have the computation or the liquidation of the penalty. This computation shall be observed by the parties and the Public Ministry within a maximum of 48 hours, in that it strictly does the calculation and its correction. The observation shall be settled by the Judge within a period of not more than 48 hours. Article 3. (Freedom Mandation).
The judge of the cause, once practiced the computation or liquidation of penalty, and served the sentence, without further processing will free the commandment of freedom.
The car that has the freedom will not be susceptible of any recourse.
Article 4. (Constitutional guarantee). If the time of conviction has been completed, the decision of the judge shall not be in accordance with the provisions of this law, the person concerned may make use of the constitutional resources to protect his rights. Article 5. (Interrupt of the prescription). The exercise of criminal action is the cause of the interruption of the prescription of the emerging civil liability of illegal acts, which are classified as crimes. Article 6. (Abolition of the body award). In the case of obligations of a patrimonial nature, the forced fulfilment of these obligations may be made effective solely on the assets of the responsible persons or subjects, without any of the following cases being the subject of the award. Body of the debtor: Civil liability arising from the commission of unlawful acts established as crimes Arts. 334 and 335, emerging procedural costs of criminal proceedings Art. 352 of the Code of Criminal Procedure. Tax Obligations Arts 17, 25 and 26 of Decree Law No. 14933 of 29 September 1977 on Tax Coactive Procedure, raised to the rank of law by Law No. 1178 of 20 July 1990. Tax obligations Art. 308 (5) of the Tax Code. Professional fees of lawyer Arts 77 and 80 of Decree No. 16793 of 19 July 1979. Electoral fines Art. 207 second paragraph of the Electoral Law. Arrest of parents for emerging obligations of unlawful acts committed by their children under 16 years of age Art. 207 of the Code of the Child. Obligations for the confection of testimonies and for stamps and certificates of judicial deposit Arts 242 and 258 numeral 4, of the Code of Civil Procedure. Order of apprehension Art. 157 (A) numeral 4, of the Law of the Judicial Organization. Article 7. (Heritage guarantees). The emerging credit obligations contained in the provisions of this law for their execution shall enjoy the property rights established by the Civil Code, as well as the precautionary measures and pecuniary penalties provided for in the Code of Civil Procedure, without prejudice to those specifically laid down in their respective legal systems.
Article 8. (Rights payment). State entities that pursue the recovery of their claims are exempt from the payment of fees or duties established for national, departmental and municipal public records, as well as judicial securities. This exemption will also benefit the holders of claims arising from obligations concerning social security, social benefits and other labour rights. Article 9. (Responsibility of officials). The judicial and administrative authorities which act against the provisions of this law shall incur criminal responsibility, in accordance with the provisions of the Arts. 154, 177, 184 and 292 inc. (1) of the Criminal Code, without prejudice to any other responsibilities which may correspond. Article 10. (Public Defense). It is a function and obligation of the Ministry of Justice through Public Defense, to intervene on its own initiative in favor of those persons who do not have sufficient resources to hire a defense lawyer, in all cases, and before any Court or instance, where the grant of the benefits provided for by this law is appropriate, without the need to establish a mandate. Article 11. (Aaward for family assistance).
The award provided for in the third paragraph of Art. 149 of the Family Code may be ordered only by the Judge who is aware of the request for assistance, and may not exceed the maximum period of 6 months, which shall be expired. freedom without the need for bail, with the only commitment sworn to comply with the obligation.
Ordered freedom provided in the previous paragraph, the judge may have a new award against the obligor when 6 months have elapsed. Since his release, he has not been satisfied with the payment of the pensions due.
Article 12. (Social Security and Labor Sentences Award).-Same treatment as in the previous article, will merit the award provided by the Code of Labor and the laws regarding Social Security. Article 13. (Derogations).
Arts. 334 and 335 of the Code of Criminal Procedure; Art. 207 second paragraph of the Electoral Law; Art. 207 of the Code of the Minor; Art. 26 of Decree Law 14933 of 29 September 1977 on Tax Coactive Procedure. elevated to law by Law No. 1178 of July 20, 1990 and Art. 157 a) number 4, of the Law of the Judicial Organization.
The Corporate Aaward is left without effect as a result of the application of the following articles: Art. 352 of the Code of Criminal Procedure; Arts 242 and 258 numeral 4, of the Code of Civil Procedure; Arts 77 and 80 of the Decree Law 16793 of 19 July 1979 on professional fees; Art. 308 inc. 5) of the Tax Code Arts 17 and 25 of Decree Law 14933 of 29 September 1977 on Tax Coactive Procedure, raised to the rank of Law by Law No. 1178 of 20 July 1990.
The third paragraph of Art. 149 of the Family Code is amended in the terms of Art. 11 of this Law.
Transitional Article
This Law shall also apply to those persons who at the time of their
procedure provided for in Art. 3 will be applied in favor of any convicted person who has already served the time of conviction at the time of the entry into force of this law.
I went to the Executive Branch for constitutional purposes. It is given in the Session Room of the Honorable National Congress, on the fourteen days of the month of December of a thousand nine hundred and ninety-four years.
H. Juan Carlos Durán Saucedo, President H. Senado Nacional, H. Javier Campero Paz, President H. Chamber of Deputies, H. Walter Zuleta Roncal, Senator Secretary, H. Freddy Tejerina Ribera, Senator Secretary, H. Yerko Kukoc del Carpio, Diputado Secretary, H. Michael Meier F., Deputy Secretary. 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, at the fifteen days of the month of December of a thousand nine hundred and ninety-four years. FDO. GONZALO SÁNCHEZ DE LOZADA, Constitutional President of the Republic, German Quiroga Gómez, Minister of Government; Carlos Sánchez Berzain, Minister of the Presidency; René Oswaldo Blattman Bauer, Minister of Justice.
