The draft law to strengthen the fight against corruption, which will be discussed in the House of Representatives in the next few hours, provides for a number of changes to the criminal code, criminal procedure and Law 004 Marcelo Quiroga Santa Cruz. Among the relevant aspects, it is considered that the “absenteeism” falls into the “against humanity” category. He is also contemplating that the lawyers could be sentenced to up to six years in prison to avoid delays in the judiciary.
According to the document, 23 amendments to the Criminal Code and the addition of 11 articles are planned. In Law 004, two are amended and five are inserted; two articles are amended in the Code of Criminal Procedure. According to the justification, the future regulation takes into account aspects that were envisaged in the abolished Bolivian Penal Code of January 25, 2018, which provides for the responsibility of legal persons, effective cooperation, the derivation of a restorative justice, the creation of an institutional figure, the creation of new plaintiffs criminal types, among other things.
Under the specific aspects of the amendment to the Criminal Code, it is stated that “the penalty does not apply to corruption crimes which cause serious economic damage to the state”. Limitation of the sentence, under no circumstances for crimes against humanity ”.
The same rule includes the figure “liability of legal persons” (companies, institutions or other) with attribution of criminal liability, autonomous criminal liability of the legal person, attributable crimes, sanctions, loss of legal personality.
Penalties for Delay in Procedure
The new regulation takes criminal forms of influence, appropriation of functions and fraudulent speculation of property into the penal code.
Law 004 includes the term “institutional complaint” to increase the involvement of the Justice Department and the Attorney General’s office in corruption or related criminal proceedings. He also joins the state as a victim.
On the other hand, the document to be considered indicates that administrators who suffer from delays in proceedings and unjustified legal delays will be punished with up to six years imprisonment.