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law n ° 2623 law of December 22, 2003
CARLOS D. MESA GISBERT CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law: THE HONORABLE NATIONAL CONGRESS,
D E C R E T A: PROCEDURAL LAW FOR HIGH JUDGMENT
AUTHORITIES OF THE JUDICIARY AND THE ATTORNEY GENERAL OF THE REPUBLIC
CHAPTER I GENERAL PROVISIONS
ARTICLE 1 (Scope of Personal and Material Application). I. This Law regulates the Regime and Procedures for the Juzgment of Ministers of the Supreme Court of Justice, Magistrates of the Constitutional Court, Directors of the Judiciary and Attorney General of the Republic, for crimes committed in the specific exercise of their duties. II. By the commission of common crimes, not linked to the exercise of their functions, they will be judged by ordinary justice.
ARTICLE 2 (Prescription). The criminal action prescribes under the scheme provided for in the New Code of Criminal Procedure. ARTICLE 3 (Precautionary Measures). In the substantiation of these special procedures:
I. The personal protective measures in the cases that come, will be applicable from the moment of the formal indictment before the Honorable Chamber of Senators. II. Those of a real nature, shall apply in accordance with the regime established in the Code of Criminal Procedure
ARTICLE 4 (Alternatives to the Criminal Trial). In the substantiation of these special procedures, no alternative exits will be applied to the criminal trial, such as the conditional suspension of the process, the abbreviated procedure, the extinction of the criminal action by opportunity criteria or by repair of civil damage, or conciliation. ARTICLE 5 (Damage and Perjudgments). Executing the sentence of conviction or imposing a security measure, the compensation of the emergent damages shall be subject to the provisions of the procedure for the repair of the damage established in the New Code of Criminal Procedure. ARTICLE 6 (Special Disablement). The sentence may impose the special disablement of the sentenced person for a period not exceeding that of the principal penalty, which is computable from the fulfillment of the principal sentence. This special disable consists of: 1. The loss of the mandate, job, job or public commission.
The inability to obtain mandates, posts, jobs or public commissions, by popular choice or appointment.
Rehabilitation will occur ipso jure to compliance with the penalty. ARTICLE 7 (Continuity of Process). When the sessions of the Ordinary Legislature are not enough to resolve the cause, it will continue its treatment within the framework of the Constitution of the State. ARTICLE 8 (Collaboration Duty). For the fulfillment of the functions that this Law grants to the Legislative Committees and Chambers, the Judicial Branch, the Public Ministry, and the National Police, they will have the obligation to collaborate in the required actions. Any person, institution or agency, public or private, shall be equally obliged to provide the information required by the Committees and Legislative Chambers in the framework of the privileges conferred by this Law.
ARTICLE 9º (Substitute Application). The provisions of the Penal Code and the New Code of Criminal Procedure will be applied in a way that is not regulated in this Law, and is not contrary to its meaning and purpose. CHAPTER II RESPONSIBILITY OF THE MINISTERS OF THE SUPREME COURT OF JUSTICE, MAGISTRATES OF THE
CONSTITUTIONAL COURT, COUNCILORS OF THE JUDICIARY AND ATTORNEY GENERAL OF THE REPUBLIC
SECTION I PROCEDURE OF THE SUMMARY
ARTICLE 10 (Knowledge of the Crime). I. The person who has knowledge of the commission of a crime in which one or several high authorities of the Judicial Branch or the Attorney General of the Republic has participated, may denounce him before the President of the Honorable Chamber of Deputies, who will forward to the President of the Constitution, Justice and Judicial Police Commission of the Honorable Chamber of Deputies, the Public Ministry, or the National Police. II. He or the complainants will be able to constitute plaintiffs, submitting in writing their complaint to the Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies.
III. in charge of criminal prosecution have knowledge, of their own office or of a complaint, of the commission of a crime in which a high authority of the judicial branch or the Attorney General of the Republic has participated, in the exercise of their functions send a record to the President of the Honorable Chamber of Deputies who will send the Chairman of the Constitution, Justice and Judicial Police Commission of the Honorable Chamber of Deputies , for the exercise of the corresponding criminal action.
ARTICLE 11 (Organ of the Preparatory Stage).
The preparatory stage will be in charge of the Honorable Chamber of Deputies. It is up to the Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies, through the Committee of the Public Ministry and Judicial Police, to promote criminal action and to lead the investigation in the preparatory stage.
The judicial control of the preparatory stage, will be carried out by the members of the Constitution, Justice and Judicial Police Commission of the Honorable Chamber of Deputies, with the exclusion of the members of the Public Ministry Committee and Judicial Police.
Resolutions issued during this stage will only be The Human Rights Commission of the Honorable Chamber of Deputiesbe able to use the Inwestern Appeal of the Human Rights without further appeal. The resolutions of the Human Rights Commission shall be adopted by an absolute majority of votes of those present. As appropriate, the rules provided for in the New Code of Criminal Procedure will apply. The Commissions of the Constitution, Justice and Judicial and Human Rights Police, for the proper performance of the functions, attributed in this Law, may require, through regular channels, independent specialized legal advice, which does not have links to the process parts.
ARTICLE 12 (Public Ministry and Judicial Police Committee). The President of the Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies, within three (3) days following the receipt of a record will be in session of the Commission, his referral to the Committee of the Ministry Public and Judicial Police, in order to develop the investigation. ARTICLE 13 (Start of the Preparatory Stage).
I. The Committee of the Public Ministry and Judicial Police , within the fifteen (15) days following the receipt of a background, by means of a preliminary report, will recommend to the Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies, alternatively:
Formalize imputation and continue the investigation subject to the provisions relating to the preparatory stage of the trial established in the New Code of Criminal Procedure, where the fact imputed is contained in paragraph 1 of Article 1 of this Law and there is sufficient evidence of their existence and the involvement of the accused.
Reject, as provided for in the New Code of Criminal Procedure, the complaint, complaint and the police actions and, consequently, have their file.
Rissue the cause to the ordinary justice when the facts do not constitute crimes committed in the exercise of the function.
II. If the complaint has been filed, it may be objected to by the defendant or the Committee of the Public Ministry and Judicial Police before the Constitution, Justice and Judicial Police Commission of the Chamber of Deputies, within three (3) days after its notification. After this deadline, the Commission will resolve the objection within three (3) days. As appropriate, the procedure and the resolution will be subject to the provisions of the New Code of Criminal Procedure. The Public Ministry and Judicial Police Committee will not intervene in the resolution of the objection.
ARTICLE 14º (Deliberation on the Preliminary Report). I. The President of the Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies, will convene within three (3) days of receipt of the report, to the Session of the Commission to consider the recommendations and determine the course of action to follow. The session shall be held within ten (10) days of the call. The call will be accompanied by a copy of the preliminary report of the Public Ministry and Judicial Police Committee and of all the records for its delivery to each member of the Commission. II. Reunited the Commission with the established quorum, its President will order the full reading of the Preliminary Report and will grant the use of the word to members who wish to express their opinions, who will be able to present alternative projects of recommendations to be read in the same act.
ARTICLE 15º (Preliminary Report Vote). Concluding the deliberation, the President of the Commission shall put to the vote the draft recommendations which have been submitted. The Commission's decision shall be taken as a decision of the Commission with the required majority of votes. The decision shall be taken by the President of the Commission and shall take the necessary measures to comply with it. Where the decision is rejected, the action shall be declared extinguished and the file of workers shall be made available. Where the Commission has decided to forward the antecedents to ordinary justice, the President shall refer them within three (3) days. The resolution adopted by the Commission will not be subject to further action. ARTICLE 16 (Development of the Preparatory Stage). When the Commission's decision is for the Imputation, the Committee of the Public Ministry and the Judicial Police will have to carry out the necessary acts of investigation, the same as they must conclude within the maximum period of three (3) months, computable from the imputation resolution. When the investigation is complex, at the request of the Public Ministry and Judicial Police Committee, the Constitution, Justice and Judicial Police Commission of the Chamber of Deputies will be able to extend this period for an additional period of up to Thirty (30) days. ARTICLE 17 (Report in Conclusions). When the Committee of the Public Ministry and the Judicial Police concludes the investigation, by means of a Report in Conclusions, it will forward to the Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies, recommending alternatively:
1. Submit a draft indictment to the Assembly of the Honorable Chamber of Deputies against the defendants, when it considers that the investigation provides grounds for their public criminal prosecution.
Decrees the dismissal, when it becomes apparent that the fact did not exist, that it does not constitute a crime or that he or the accused did not participate in it or when he considers that the elements of proof are insufficient to substantiate the accusation
ARTICLE 18 (Consideration of the Report in Conclusions by the Commission). Received the Report in Conclusions, its processing shall be subject to the provisions of Article 14º of this Law and shall be pronounced by the indictment or the dismissal of the imputed, without further recourse. ARTICLE 19 (Broadcast of Acts o File of Workers). The President of the Constitution, Justice and Judicial Police Commission of the Chamber of Deputies, adopted the decision, within the next three (3) days, as the case may be, will forward the Indictment Project with its background to the President of the Chamber of Deputies. the Honorable Chamber of Deputies or will have the archive of the performances, for the case of dismissal. ARTICLE 20º (Indictment by the Honorable Chamber of Deputies). The President of the Chamber of Deputies, received the draft indictment with his background, within the next three (3) days, will put the Accusatory Proposal on the agenda, which will have to be dealt with by the Chamber's plenary within ten days. (10) days after receipt. With the call, you will be accompanied by a copy of the draft indictment and all the records for your submission to each member of the House. ARTICLE 21º (House Debate). Gathered the Honorable Chamber of Deputies with the regulatory quorum, its President, will order the full reading of the draft indictment and will grant the use of the word in the following order to the members of the Constitution Commission, Justice and Judicial Police to the complainant, to the defense, to the accused and to the present members of the Chamber enrolled in the role of speakers. ARTICLE 22º (Voting). Concluded the debate, the President of the Honorable Chamber of Deputies, will submit the Draft of Impeachment to the vote, which will be adopted as a decision of the House if it has the affirmative vote of the absolute majority of the members present. Otherwise, the criminal action shall be rejected and the criminal action shall be declared extinct and the file of the workers shall be filed. The members of the Commission on the Constitution, Justice and the Judicial Police who have been involved in the development of the preparatory stage cannot intervene in the vote. ARTICLE 23º (Suspension in the Exercise of Functions). The approval of the charge, will entail the suspension of the imputed in the exercise of his office and will proceed to his replacement, as established in the norms of the matter. ARTICLE 24º (Formalization of the Indictment). The President of the Chamber of Deputies, within five (5) days of the adoption of the resolution, will formally charge the defendant in the Chamber of Deputies for prosecution. public, offering the evidence of charge to be used at the hearing of the trial. SECTION II
ARTICLE 25 JUDGMENT PROCEDURE (Judgment Stage Organ).
The Honorable Chamber of Senators will be constituted in Court of Judgment. The sitting with the regulatory quorum, the resolutions and the judgment will be adopted with the vote of two thirds of the members present. II. The Honorable Chamber of Senators, for the proper performance of the functions attributed in this Law, may require, through regular channels, independent specialized legal advice, that has no connection with the parts of the process. III. The Commission of the Constitution, Justice and Judicial Police of the Honorable Chamber of Deputies, will be in charge of holding the indictment.
ARTICLE 26º (Substance of the Judgment). The substantiation of the trial will be subject, in all relevant, to the provisions of the Oral and Public Judgment established in the New Code of Criminal Procedure. ARTICLE 27 ° (Inmediation and Continuity). The Senators have an obligation to attend the entire hearing of the trial, including deliberation and sentencing, uninterrupted. To this end, before the hearing of the trial is opened, the list of Senators members of the Court of Judgment shall be drawn up. Without prejudice to the procedural effect, the failure of the Senators to comply with the provisions of the preceding paragraph shall be deemed to be serious in the exercise of their duties and shall be sanctioned in accordance with the provisions of the Political Constitution.
of the State. Initiated the hearing of the trial, the Honorable House of Senators will be declared in Permanent Session for Matter and will not be able to treat any other matter until the pronouncement of the Judgment. ARTICLE 28º (Deliberation). Concluded the debate, will proceed to deliberate and vote publicly on the draft of the Sentence of the Constitution, Justice and Judicial Police, Public Ministry, Human Rights and Electoral Regime or the Projects of Judgment presented by any other Senator. Projects shall contain the following duly substantiated aspects: 1. Those relating to incidents that have been deferred for that time.
2. Those relating to the existence of the fact or the punishable facts. 3. The legal status of the facts that have been tested. 4. The acquittal or conviction of the accused; and, 5. In case of conviction, the imposition of the applicable sanction.
The decision shall be taken by two-thirds of the votes of the members present. ARTICLE 29º (Statement).
I. A damning sentence will be issued when, in the opinion of two thirds of the members present, the evidence provided is sufficient to generate the conviction on the criminal liability of the accused. II. The absolute statement will be given when: 1. The allegation has not been tested;
2. The evidence provided is not sufficient to generate conviction on the criminal liability of the accused; 3. It is shown that the fact did not exist, does not constitute a crime or that the defendant did not participate in it; 4. There is any cause of the criminal liability. 5. The two-thirds vote for the conviction has not been reached.
ARTICLE 30 (Effects of the Absolution). The absolute judgment shall order the freedom of the defendant in the act and the cessation of all the precautionary measures laid down, his immediate refund on the charge, the costs and, where appropriate, shall state the fear or malice of the complaint or the complaint for the purposes of the relevant liability. The House shall have the publication of the resolutive part of the judgment in a written form of national movement under the responsibility of the State or the complainant, as appropriate. SECTION III
OF RESOURCES ARTICLE 31º (General Disposition). Without prejudice to the rules laid down in this Law, the processing of the resources shall be subject, as appropriate, to the provisions of the New Code. of the Criminal Procedure and, where appropriate, the Regulations of each of the Legislative Chambers. ARTICLE 32º (Reposition Resource).
I. The Resource of Replenishment shall proceed against the providences of mere processing handed down during the preparatory stage and the stage of the trial and against the interlocutory resolutions handed down during the stage of the trial. II. The Board of Appeal shall be the jurisdiction of the same Court which issued the judgment and shall have the purpose of the Court, warning of its error, revoking or amending its decision. Resolutions will be adopted by a simple majority of votes.
III. During the preparatory stage, the appeal shall be lodged in writing within 24 hours of the notice of the decision to the appellant. During the hearing of the trial the appeal will be held orally at the same hearing. In both cases it shall be duly substantiated. IV. The Tribunal must resolve the Resource within twenty-four (24) hours, if it has been raised in writing or in the same act if it has been raised in the hearing.
ARTICLE 33º (Resource of Incidental Appeal). I. The Appeal of the Incidental Appeal shall proceed against the interlocutory resolutions expressly mentioned in the New Code of Criminal Procedure issued during the preparatory stage. II. Your resolution will be of competence of the Human Rights Commission of the Honorable Chamber of Deputies and the decisions will be adopted by an absolute majority of votes.
III. The appeal will be brought before the Constitution, Justice and Judicial Police Commission within three (3) days of notice of the appellant with the resolution. The Board of Appeal shall notify the other parties so that within three (3) days the Board of Appeal shall reply. This deadline will be forwarded to the Commission on Human Rights for resolution. IV. Received the actions, the Commission of Human Rights, in Session of the Commission, will resolve by pronouncing, in a single resolution, by the admissibility and the origin of the same within the next ten days.
ARTICLE 34th (Resource Restricted Appeal).
The Resource of Restricted Appeal shall be filed for non-observance or erroneous application of the Law and shall proceed against the conviction of the Honorable Chamber of Senators. The resolution of the appeal will be of competence of both the Legislative Chambers gathered in Session of Congress. The resolution shall be adopted by the vote of two-thirds of its members present.
The appeal shall be filed with the Honorable Chamber of Senators in writing and duly substantiated within the fifteen (15) days of notice of the appellant with the sentence of conviction. Received the appeal, the Honorable Chamber of Senators will notify the other parties to answer within ten (10) days. Within three (3) days of the deadline, the Honorable Chamber of Senators will send the actions to the Presidency of the Congress. Received the actions, both Legislative Chambers, gathered in Session of Congress, will resolve the resource within the next twenty (20) days.
ARTICLE 35º (Extraordinary Review Resource). I. The Extraordinary Review Board proceeds at all times in favour of the convicted and on the grounds expressly stated in the New Code of Criminal Procedure. II. The Board of Appeal shall be submitted in writing duly substantiated to the Honorable Chamber of Senators. III. Received the appeal, the Honorable Chamber of Senators will resolve within twenty (20) days following, by simple majority of votes of those present. FINAL DISPOSITION
ONLY.- Open the Supreme Court Magistrates ' Liability Act of 7 November 1890, and any legal provision contrary to this Law. Remit to the Executive Branch for constitutional purposes. It is given in the Session Room of the Honorable National Congress, at the sixteen days of the month of December of two thousand three years. Fdo. H. Gonzalo Chirveches Ledezma, Oscar Arrien Sandoval, Marcelo Aramayo P., Juan Luis Choque Armijo, Fernando Rodriguez Calvo, Roberto Seoane Hurtado. Therefore, it is enacted so that it has and complies with the Law of the Republic. Palace of Government of the city of La Paz, at the twenty-two days of the month of December of two thousand three years. FDO. CARLOS D. MESA GISBERT, José Antonio Galindo Neder, Alfonso Ferrufino Valderrama.
