Law to combat corruption, illicit enrichment and investigation of fortunes UT

**Unofficial Translation**

Plurinational State of Bolivia Law to combat corruption, illicit enrichment and investigation of fortunes "MARCELO QUIROGA SANTA CRUZ�

MINISTRY OF CORPORATE TRANSPARENCY AND FIGHT AGAINST CORRUPTION Law No. 004 ACT OF MARCH 31, 2010 EVO MORALES AYMA PRESIDENT OF PLURINATIONAL STATE OF BOLIVIA Whereas, the Plurinational Legislative Assembly has enacted the following Law: PLURINATIONAL LEGISLATIVE ASSEMBLY DECREES: LAW TO COMBAT CORRUPTION, ILLEGAL ENRICHMENT AND INVESTIGATION OF FORTUNES "Marcelo Quiroga Santa Cruz"

CHAPTER I GENERAL PROVISIONS Article 1. (Object). This Act is to establish mechanisms and procedures under the State Constitution, laws, treaties and international conventions designed to prevent, investigate, prosecute and punish acts of corruption committed by servants and public servants and former servants and former public servants in the exercise of their functions, and natural or legal persons and legal representatives of legal entities, public or private, domestic or foreign that compromise or affect state resources and recover the assets of the State affected by the courts.

Article 2. (Definition of Corruption). Is the solicitation or acceptance, the offering or granting, directly or indirectly, of a public servant, a person or entity, domestic or foreign, of any article of monetary value or other benefit, favor, promise or advantage for himself herself or another person or entity, in exchange for the act or omission of any act affecting the interests of the state.

Article 3. (Purpose). This Act aims to prevent, eliminate impunity in corruption and effectively fight against corruption, protection and recovery of state assets, with the active participation of public, private and civil society.

Article 4. (Principles). The principles governing this

Act are: Sum Qama単a (Living Well). Complementarity between access and enjoyment of material goods and the realization emotional, subjective and spiritual harmony with nature and human community.

Ama Suwa (not steal), Uhua'na machapi'tya (not stealing). Any domestic or foreign person must ensure the goods and assets of the State, has the obligation to protect and guard them as your own, for the benefit of the common good.

Ethics. It is the behavior of the person subject to the moral principles of community service, reflected in values of honesty, transparency, integrity, probity, accountability and efficiency.

Transparency. It's practical and visible management of state resources by the servants and public servants as well as natural and legal persons, national or foreign, who provide services or commit state resources.

Free of charge. Research and administration of justice in matters of corruption, are free of charge.

Haste. The mechanisms for research and administration of justice in matters of fight against corruption must be quick and timely.

Defense of the State. It is governed by the constitutional obligation that has all precautionary Bolivian or Bolivian and protect government property, denouncing any act or act of corruption.

Extensive cooperation. All entities that have the task of combating corruption must cooperarse each other, working collaboratively and sharing information without restriction.

Impartiality in the administration of justice. All Bolivian and Bolivian has the right to a prompt, effective and transparent administration of justice.

Article 5. (Scope).

I. This Act applies to: 1) The former public servants and of all organs of the Plurinational State, its agencies and institutions at central, decentralized or decentralized, and autonomous local authorities, departmental, municipal, regional and indigenous peasant origin.

2) Attorney General, State Attorney General, Ombudsman, Central Bank of Bolivia, Comptroller General, universities and other institutions of the state structure.

3) Bolivian Armed Forces and Police.

4) Institutions or organizations in which the State has a proprietary interest, regardless of legal status.

5) private persons, natural or legal persons and all those persons who are not civil servants committing crimes of corruption causing economic harm to the State or unduly benefit their resources.

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This Act, in accordance with the State Constitution does not recognize immunity, immunity or privilege, preference must be applied.

CHAPTER II BODIES OF THE FIGHT AGAINST CORRUPTION Article 6. (National Council for Combating Corruption and Illicit Enrichment laundering of illicit proceeds).

I. It creates the National Council to Combat Corruption and Illicit Enrichment laundering of illicit proceeds, which shall consist of: a) Ministry of Institutional Transparency and Combating Corruption. b) Ministry of Government c) Public Ministry d) Comptroller General of the State e) Financial Intelligence Unit f) State Attorney General g) Representatives of civil society organizations, according to the provisions of Articles 241 and 242 of the State Constitution and the Law II. The National Council to Combat Corruption, illicit enrichment and laundering of illicit proceeds, will be chaired by the Head of the Department of Institutional Transparency and Combating Corruption.

The entities are independent members of the Council in fulfilling its specific responsibilities under the State Constitution and laws.

III. The National Council to Combat Corruption, illicit enrichment and laundering of illicit proceeds, shall meet in regular session at least four times a year and special meetings convened by four of its members.

Article 7. (Powers of the National Council to Combat Corruption, illicit enrichment and laundering of illicit proceeds). The powers of the National Council to Combat Corruption and Illicit Enrichment laundering of illicit proceeds are: 1) To propose, supervise and monitor public policies to prevent and punish acts of corruption, to protect and restore the heritage of the state.

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2) approve the National Plan to Combat Corruption, prepared by the relevant ministry, responsible for these functions.

3) Evaluate the implementation of the National Plan to Combat Corruption.

4) Relate to the autonomous governments regarding their responsibilities under the regulations established by the Framework Law of Autonomy and Decentralization.

Article 8. (Obligation of the National Council to Combat Corruption, illicit enrichment and laundering of illicit proceeds to Report on Results). The National Council to Combat Corruption, illicit enrichment and laundering of illicit proceeds is required to report annually to the President of the Plurinational State of the Plurinational Legislative Assembly and civil society organizations on the National Plan to Combat Corruption and goals and results achieved in its implementation.

Article 9. (Social Control). Under the State Constitution, Social Control will be exercised to prevent and combat corruption. Participation of social control all social actors, individually and / or collectively.

Article 10. (Rights and Duties of Social Control). So, without limitation, are rights and powers of social control: a) Identify and report acts of corruption to appropriate authorities. b) Identify and report the lack of transparency with the relevant authorities. c) Assist in administrative and legal processes for acts of corruption and crime.

Article 11. (Anti-Corruption Courts and Tribunals).

I. It creates the Courts Corruption, which have jurisdiction to hear and determine criminal proceedings on corruption and related offenses, particularly in the context of respect for legal pluralism.

II. The Judicial Council shall designate in each department the necessary number of judges to hear and determine the processes, according to the State Constitution.

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Article 12. (Specialized Anti-Corruption Prosecutors). The Attorney General, according to the Organic Law of Public Prosecutions appointed in each department and specialized prosecutors dedicated to investigating and prosecuting corruption offenses and related offenses.

Article 13. (Specialized Investigators Bolivian police). The Bolivian police anti-corruption will feature specialized investigators within a Division of Anti-Corruption in each department, who perform their activities under the functional direction of prosecutors.

Article 14. (Obligation to become a Party Plaintiff). The highest executive authority of the entity concerned or the authorities empowered by law, must be constituted plaintiff necessarily see the corruption and related offenses, once known them, and shall promote appropriate legal action before the competent bodies.

Their omission incurring import the crime of dereliction of duty and others as appropriate, in accordance with this Law

Article 15. (Jurisdiction of peasant indigenous). The application of peasant indigenous jurisdiction shall be governed by the Articles have 190, 191 and 192 of the Constitution of the State and Law of Separate Jurisdictions.

Article 16. (Permanent Assessment System). Judges, prosecutors and police officers are subject to an ongoing evaluation system implemented in each state, taking into account guidelines established by the National Council to Combat Corruption and Illicit Enrichment laundering of illicit proceeds, to ensure the integrity and efficiency in fulfilling their duties. In this evaluation system will participate Social Control.

Article 17. (Protection of Whistleblowers and Witnesses).

I. Establishing the Whistleblower Protection System and Witnesses to be in charge of the Ministry of Government, the Bolivian police and the Attorney General, pursuant to regulation.

II. The system will provide adequate protection against any threat, assault, retaliation or intimidation of complainants and witnesses and experts, technical advisors, public servants and other direct or indirect participants in the process of investigation, prosecution, indictment and trial.

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III. The Ministry of Institutional Transparency and Combating Corruption, keep reserves of the identity of particular persons and servants or public servants who report facts and / or corruption and keep in reserve the documentation, collected and generated during the performance of their functions.

IV. In case of acquittal rule, as the inc. 3) of Article 363 of the Criminal Procedure Code, executed it, the judicial body which took initial knowledge of the process, at the request of the interested party will raise the subject of identity within 72 hours. Without prejudice to the defendant recriminatory initiate action against the owner of the prosecution.

Article 18. (Powers of the Financial Intelligence Unit). In addition to those established by law, the Financial Intelligence Unit shall have the following powers: 1) Upon written request of the Ministry of Transparency and Combating Corruption, Attorney General and / or anticorruption prosecutors or ex officio, analyze and perform activities of financial and asset intelligence to identify facts or alleged corruption offenses.

2) Submit the results of the analysis and background to the Ministry of Institutional Transparency and Combating Corruption, Attorney General, the Public Ministry and the competent judicial authority, where appropriate.

Article 19. (Exemption from Secrecy or Confidentiality).

I. Can not be invoked secrecy or confidentiality in securities and insurance, commercial, tax and economic when the Financial Intelligence Unit, Ministry of Institutional Transparency and Combating Corruption, Public Ministry and the Attorney General's Office required information for compliance its functions, this information will be obtained without court order, requirement or formality for any tax.

II. The information obtained shall be used only to investigate corruption and related offenses, and shall be free from payment of legal and administrative values.

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Article 20. (Exemption from Bank Secrecy for Corruption Crimes).

I. There is no confidentiality concerning financial transactions made by individuals or corporations, Bolivian or foreign judicial processes in cases where the presumption of financial crimes, in which fortunes are investigated, in which crimes are investigated corruption and asset recovery process defrauded the State.

II. Public servants voluntarily waive bank secrecy. The renouncement will be canceled if the public servant has completed its functions.

Article 21. (Duty to Report).

I. Have a duty to submit all information requested by the Financial Intelligence Unit, part of an investigation being carried out, the following entities and individuals involved in: a) Purchase and sale of firearms, vehicles, metals, art, stamps and archaeological objects; b) Trade in jewelry, gems and coins; c) Gambling, casinos, lotteries and bingo; d) Activities of hotels, tourism and travel agencies; e) Activities related to the productive chain of strategic natural resources; f) Activities relating to road construction and / or road infrastructure; g) Dispensers of customs and import and export companies; h) Non-governmental organizations, foundations and associations; i) Real estate, and purchase and sale of property; j) Investment Services; k) Political parties, citizens' groups and indigenous peoples;

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l) The activities in the cash flow that can be used for money laundering and other financial, economic, trade established in the Code of Commerce.

II. The entities or persons mentioned in the preceding paragraphs shall automatically inform the Financial Intelligence Unit when exercising their functions and / or activities, detect the commission of acts or corruption.

Article 22. (Information Management).

I. Information obtained by the Financial Intelligence Unit may not be shared or published at the stage of analysis and research.

II. When the Financial Intelligence Unit considers that the information contained alleged corruption, forward it with all the background to the Public Prosecutor and shall inform the Ministry of Institutional Transparency and Combating Corruption and the Attorney General.

III. This information valued by the public prosecutor, may be submitted as evidence in criminal proceedings.

Article 23. (Integrated Information System Corruption and State Assets Recovery).

I. Create the Integrated Information System Corruption and State Assets Recovery - SIIARBE, by the Ministry of Institutional Transparency and Combating Corruption. The same concerns the centralization and sharing of information entities related to the fight against corruption, to design and implement policies and preventive strategies, repressive and punitive, as well as efficient tracking and monitoring processes in the field of combating corruption.

II. The SIIARBE have within their job responsibilities to verify sworn statements of assets and income of those public servants classified according to indicators, and criteria defined by the entities involved in the fight against corruption.

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III. A Supreme Decree establish its scope, internal organization, powers and procedures to be applied.

CHAPTER III CRIMES OF CORRUPTION Article 24. (Systematization of the Corruption and Crime Linked). In addition to those established in this Chapter, the content corruption offenses in the following Articles of the Criminal Code: 142, 144, 145, 146, 147, 149, 150, 151, 152, second paragraph of Articles 153 and 154 , 157, 158, 172 bis, paragraph four of Article 173, 173 bis, 174, 221, first paragraph of Sections 222 and 224, second paragraph of Article 225.

Are considered crimes related to corruption, the following items contained in the Criminal Code: 132, 132 bis, 143, 150 bis, 153, 154, 177, 185 bis, 228, 228 bis, 229 and 230.

Article 25. (Creation of new offenses). It creates the following criminal offenses: 1) Misuse of public goods and services; 2) Illicit enrichment; 3) Illicit enrichment of individuals with involvement of the State; 4) Embracing illicit enrichment; 5) Active bribery crime; 6) Passive bribery crime; 7) Obstruction of justice, and 8) Misrepresentation in the affidavit of assets and income.

Article 26. (Abuse of Goods and Services). The public servant or public servant who own benefit or that of others give a different purpose which shall be found for assets, rights and actions belonging to the State or its institutions, which has access in the exercise of public functions, shall be punished with imprisonment from one to four years.

If the abuse, the good suffers damage, destruction or pereciere, the penalty is three to eight years and repair the damage.

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The sentence of the first subparagraph shall be applied to private or public servant who uses the services of persons paid by the State or by persons who are in compliance with a legal duty, giving them a purpose other than for which they were hired or intended.

Article 27. (Enrichment). The public servant or public servant who has disproportionately increased its assets over to his lawful earnings and can not be justified, shall be punished with imprisonment from five to ten years disqualification from public office and / or elected officials , a fine of two hundred to five hundred days and the confiscation of illegally obtained assets.

Article 28. (Enrichment of Individuals with the State Allocation). The natural person who by any private activity disproportionately increased its assets in respect of their legitimate income affecting government property, failing to refute such a situation, shall be punished with imprisonment of three to eight years, a fine of one hundred to three hundred days and the confiscation of illegally obtained assets.

Incur the same offense and the same penalty, the representatives or former legal representatives of legal persons by private activity HAVE increased the assets of the legal person, affecting government property and can not prove they come from a lawful activity; Additionally, the legal person shall refund to the State the goods that had been affected as well as those obtained as proceeds of crime, punishable by a fine of 25% of its assets.

Article 29. (Embracing the Enrichment). That in order to conceal, disguise or legitimize the increase in equity provided in the preceding articles, facilitates or participates name in economic, financial and trade shall be punished with imprisonment of three to eight years, disqualification of the public and / or elected officials and a fine of fifty to five hundred days.

Article 30. (Active Bribery Crime). That prometiere, offereth or grants directly or indirectly, to a foreign public official or a public international organization, benefits such as gifts, favors or benefits that redound to their advantage or another person or entity, so that the official act or refrain from acting in the exercise of their functions to get or maintain an undue advantage in relation to international commercial activities, shall be punished with imprisonment from five to ten years and fine of one hundred five hundred days.

Article 31. (Passive Bribery Crime). The foreign public official or officer of a public international organization who requests or accepts directly or indirectly an undue advantage for its own benefit or

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that of another person or entity, in order that the official act or refrain from acting in the exercise of their functions shall be punished with imprisonment of three to eight years and a fine of fifty to five hundred days.

Article 32. (Obstruction of Justice). Which use physical force, threats, intimidation, promises, offering or giving of an undue advantage to induce a person to provide false testimony or to interfere in the giving of testimony or the production of evidence in prosecutions for corruption offenses shall be punished by imprisonment of three to eight years and a fine of thirty to five hundred days.

The penalty shall be increased one-half to those who use physical force, threats or intimation to interfere with the exercise of official duties of judges, prosecutors, police and other servers responsible for combating corruption.

Article 33. (False Sworn Statement of Assets and Income). The insert or omit to falsify economic data, financial or property, the affidavit of assets and income must contain, shall be liable to imprisonment of one to four years and a fine of fifty to two hundred days.

Article 34. (Amendments and Additions to the Criminal Code). Amending Articles 105, 142, 144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 157, 173, 173 bis, 174, 177, 185 bis, 221, 222, 224, 225, 228, 229 and 230 of the Penal Code, and incorporates Article 150 bis, 172 Bis and 228 Bis, according to the following:

Article 105. (Terms for the Prescription of Sentence). The authority to execute the penalty prescribed: 1) In ten years, whether it is imprisonment for more than six years.

2) In seven years, in the case of custodial sentences under six years older than two.

3) In five years, in the case of the other penalties.

These periods shall run from the date of the notice with the sentence, or the breach of the sentence, if it had begun to be fulfilled.

There shall be no limitation of the penalty, under any circumstances, corruption offenses.

Article 142. (Embezzlement). The servant or public servant who took advantage of the position held appropriates money, securities or assets of the administration, collection or custody shall

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be found responsible will be punished with imprisonment of five to ten years and a fine of two hundred to five hundred days.

Article 144. (Embezzlement). The servant or public servant who gives to the flows administered, received or custody, an application other than that to their destination, shall be punished with imprisonment of three to eight years and a fine of one hundred to two hundred and fifty days.

If the act results for the damage or interference with public services cio, the penalty shall be increased by one third.

Article 145. (Bribery Passive-regulated). The servant or public official or authority to do or abstain from doing an act relating to his functions or contrary to the duties of his office, receives directly or through another person, for himself or a third party, gifts or any other advantage or accepts offers or promises, shall be punished with imprisonment of three to eight years and a fine of fifty to one hundred and fifty days.

Article 146. (Abuse of influences). The servant or public official or authority directly or through another person and taking advantage of the functions performed or misusing the influences arising from the same obtains benefits or benefits for themselves or a third party, shall be punished with imprisonment of three to eight years and a fine of one hundred to five hundred days.

Article 147. (Benefit Ratio of Charge). The servant or public official or authority responsible account allows any gifts or other benefits, shall be punished with imprisonment of three to eight years and a fine of one hundred to two hundred and fifty days.

Article 149. (Omission of Statement of Assets and Income). The servant or public servant under the Act is bound to declare their assets and income in time of taking possession or leaving office time and not do so, shall be punished by a fine of thirty days.

Article 150. (Negotiations incompatible with the exercise of public functions). The servant or public servant who by himself or through another person or simulated act will concern and obtains for himself or for third a benefit in any contract, supply, auction or operation involved by reason of his office, shall be punished by deprivation Freedom of five to ten years and a fine of thirty to five hundred days.

Article 150 Bis. (Negotiations incompatible with the exercise of public functions by individuals).

The offense under the preceding article will also apply to the arbitrators, experts, auditors, accountants, auctioneers and auctioneers, and other professionals in respect of acts which by virtue of his office involved and guardians, curators, executors and trustees on property belonging to their wards, cured, probate, quizzes, assessments and similar acts, with a prison sentence of five to ten years and a fine of thirty to five hundred days.

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Article 151. (Concussion). The servant or public official or authority to abuse their status or functions directly or indirectly, or obtains exigiere money or other improper advantage or higher rate than the legally fixed for the benefit of oneself or a third party, shall be punished by deprivation of freedom from three to eight years.

Article 152. (Levy). The servant or public servant or obtains exigiere levies expressed in the previous article to make them the benefit of the public, shall be punished with imprisonment from one to four years.

If you will use in some cases of violence in previous articles, the penalty shall be increased by one third.

Article 153. (Resolutions contrary to the Constitution and Laws). The servant or public official or authority that may render judgments or orders against the Constitution or laws or implements or makes enforcement of such decisions or orders shall be punished with imprisonment from five to ten years.

The same penalty will be applied when the decision is issued by a prosecutor.

If the offense thereby incur economic harm to the State, the penalty shall be increased by one third.

Article 154. (Breach of Duties). The servant or public servant who illegally omits, refuses or delays to an act of his duties, shall be punished with imprisonment from one to four years.

The penalty shall be increased by one third, when the offense causes economic harm to the State.

Article 157. (Appointments Illegal). Shall be punished with imprisonment of one to four years and a fine of thirty to one hundred days, the servant or public servant who intends to three names or appoints to public office a person who does not satisfy the legal conditions for their performance.

Article 172 Bis. (Coming from receiving Crimes of Corruption). He who after committing a corruption offense author to help you secure the benefit or result in the same or receives, conceals, sells or buy knowing the proceeds of crime shall be punished with imprisonment of three to eight years and the confiscation of illegally obtained assets.

Article 173. (Malfeasance). The judge or the judge in the exercise of their functions may render decisions manifestly contrary to law, shall be punished with imprisonment from five to ten years.

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If as a result of malfeasance in criminal proceedings to condemn an innocent person, it imposes a more severe penalty that will apply unlawfully justifiable or preventive detention, the punishment shall be increased by one third from that stated in the previous paragraph.

The arbitrators or conciliators who carries out similar functions or decision or resolution and who are guilty of this offense will carry a prison sentence of three to eight years.

If economic causes harm to the State will be increased by one third.

Article 173 Bis. (Passive Bribery of Judge, judge or prosecutor). The judge, the judge or prosecutor who accepts pledges or gifts to make, take or omit to give judgment or failure matter under its jurisdiction, shall be punished with imprisonment of five to ten years and a fine of two hundred to five hundred days, but the specific disqualification from any public access and / or elected officials.

The same penalty shall be imposed on the attorneys or the same purpose and effect, concertaren such consortia with one or more judges or prosecutors, or formaren also part of them.

Article 174. (Consortium for Judges, Prosecutors and / or lawyers). The judge, the judge or prosecutor who procures the formation of consortia with one or more lawyers, or formare of them, in order to procure illicit economic advantages to the detriment of the sound administration of justice, shall be punished with imprisonment of five to ten years.

Article 177. (Refusal or Delay of Justice). The judicial or administrative official in the exercise of public office have jurisdiction, administering justice, or fails to comply with the terms retardare in which they are entitled to rule on the procedures, steps, decisions or judgments under the laws of procedural, equity and justice and the prompt administration of it, shall be punished with imprisonment from five to ten years.

Article 185 Bis. (Laundering of illicit proceeds). Who acquires, converts or transfers property, rights or remedies, offenses related to: formulation, controlled substance trafficking, smuggling, corruption, criminal organizations, associations delinquent, trafficking and human trafficking, human organ trafficking, arms trafficking and terrorism, in order to conceal or disguise the nature, origin, location, destination, movement or ownership, shall be punished with imprisonment from five to ten years disqualification from public office and / or elected officials and fine of two hundred to five hundred days.

This offense will also apply to the conduct described above although the crimes of which come from the proceeds of crime had been committed wholly or partly in another country, provided that such acts are considered criminal in both countries.

Which facilitates, or encourages the commission of this offense shall be punished with imprisonment from four to eight years.

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It confirms that the offense of laundering of illicit proceeds is autonomous and will be investigated, prosecuted and sentenced without previous conviction in respect of the offenses mentioned in the first paragraph.

Article 221. (Contracts prejudicial to the State). The servant or public servant who knowingly enters into contracts to the detriment of the state or autonomous, self-sufficient, mixed or decentralized, shall be punished with imprisonment from five to ten years.

If he acts negligently, the punishment shall be imprisonment of one to four years.

The individual in the same conditions above enters into contract detrimental to the national economy, shall be punished with imprisonment of three to eight years.

Article 222. (Breach of Contract). The who, having entered into contracts with the State or entities referred to in the preceding article, do not comply without good cause, shall be punished with imprisonment of three to eight years.

If the breach will derive the required guilt, he shall be punished with imprisonment from one to four years.

Article 224. (Conduct wasteful). The servant or public servant or that being in the exercise of other management positions of responsibility in institutions or state enterprises, causes for poor management, technical direction or any other cause, damage to the heritage of them or the state's interests shall be punished with imprisonment of three to eight years.

If he acts negligently, shall be punished with imprisonment from one to four years.

ARTICLE 225. (Economic misfeasance). The servant or public servant or in virtue of his office or duties shall be found in possession of data or information that should keep in reserve, on economic policy and leaks, shall be punished with imprisonment of one to four years .

Incur the same penalty, increased by one third, the servant or public servant or in the above conditions will use or the data or news leaks own benefit or that of others.

If I will work negligently, the penalty is reduced by one third.

Article 228. (Contributions and Benefits Illegitimate). He who abuse their status or that simulate official functions, representations, instructions or orders from above, by itself or through third parties, or obtains exigiere money or other economic advantage for personal gain or a third party, shall be punished with imprisonment of one to three years.

If the author is a servant or public servant, the penalty is increased by one third.

Article 228 Bis. (Contributions and Benefits Illegitimate the Servant or Public Servant). If the conduct described in the preceding article, shall have been committed by servant or public 15

servant, causing economic damage to the state, the punishment shall be imprisonment of three to eight years.

Article 229. (Fictitious Societies and Associations). Whoever organizes or directs companies, cooperatives or other associations for these fictitious means undue benefits or privileges, shall be punished with imprisonment from one to four years and a fine of one hundred to five hundred days.

Should it be the servant or public servant who by themselves or through another person commits the offense shall be punished with imprisonment of three to eight years and a fine of thirty to one hundred days.

Article 230. (Franchises, Privileges releases or Illegal). He who obtains, or negotiates illegally will use releases, franchises, privileges, diplomatic or otherwise, shall be punished with imprisonment of three to eight years.

The servant or public servant who concediere, I will use illegally or negotiates such releases, franchises or privileges, shall be punished with the punishment prescribed in the preceding paragraph, increased by one third.

Article 35. (Voluntary Withdrawal). A person who has participated or participates as an instigator, accomplice or accessory, who voluntarily reported and assist in the investigation and prosecution of crimes codified in Articles 24 and 25 of this Act, will benefit from the reduction of two thirds of the sentence he could claim.

CHAPTER IV INCLUSIONS AND AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, CIVIL CODE AND ORGANIC LAW OF PUBLIC PROSECUTOR Article 36. (Inclusion of articles in the Code of Criminal Procedure). Included in the Code of Criminal Procedure, Articles 29 bis, 91 bis, 148 bis, 253 Bis and 344 Bis, according to the following text: Article 29 Bis. (Applicability). In accordance with Article 112 of the Constitution of the State, offenses committed by servants or public servants who violate the State property and cause serious economic damage, are inalienable and not support the immunity.

Article 91 Bis. (Continuation of trial in absentia). When declaring the default of a defendant in criminal proceedings for offenses under Articles 24, 25 and following of the Law on Combating Corruption and Illicit Enrichment Research Fortunes, the process is not suspended over the rebel. The State shall appoint a public defender and the accused will be tried in absentia, along with the other defendants present.

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Article 148 Bis. (Asset Recovery Abroad). The State may request foreign authorities necessary and effective cooperation to recover property and assets stolen by servants or servants or former servants and former public servants, object or product of crimes of corruption and related offenses that are outside the country.

Article 253 Bis. (Processing of Seizure in Crimes of Corruption). In the case of corruption offenses that cause serious harm to the state, from the start of the investigation, upon request tax authority having jurisdiction and within a deadline of five days, will proceed to the seizure of the property and assets reasonably presumed to be average or outcome instrument of crime, for complete inventory in the presence of a Notary Public, designating the depositary in accordance with law, and completed the formalities of the case the court shall, in its judgment, the confiscation of such property and assets to the state if applicable.

Article 344 Bis. (Procedure for trial in absentia on charges of corruption). Should it be determined the absence of the person for offenses of corruption, rebel and declare it will be brought another day of trial hearing for the meeting in his absence, with the participation of defense counsel in this case, notify the rebel with this Resolution by edicts.

Article 37. (Amendments to the Criminal Procedure Code). Amending Articles 90, 366 and 368 of the Criminal Procedure Code, according to the following: Article 90. (Effects of the Rebellion). The declaration of default shall not suspend the preparatory stage. When declared during the trial will be suspended with respect to the rebellious and the other defendants will continue to present, except for crimes of corruption and should be pursued criminal action against all defendants, whether or not present.

The declaration of rebellion interrupts prescription.

Article 366. (Conditional Suspension of Sentence). The judge or the judge or court, after the necessary reports and taking into account the motives or causes that have led to the offense, the nature and modality of fact, may conditionally suspend the execution of the sentence where the following requirements: 1) That the person has been sentenced to imprisonment not exceeding three years; 2) That the person has not been the subject of previous conviction involving a felony, in the last five years.

The suspension of the sentence is not appropriate for crimes of corruption.

Article 368. (Sorry Judicial). The judge or the judge or court in passing sentence, judicial pardon granted to the author or participant who for a first offense has been sentenced to imprisonment not exceeding two years.

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There shall be no pardon, under any circumstances, corruption offenses.

Article 38. (Provisions Applicable to Research). Corruption offenses is welcome in its investigation and trial procedure as specified in the Code of Criminal Procedure, in everything not contrary to the provisions of this Act Article 39. (Amendments to the Civil Code). Amending Articles 1502, 1552 and 1553 Civil Code, according to the following: Article 1502. (Exceptions). Prescription does not run: 1) Against whom reside or stay outside the country in service of the State, within thirty days after leaving the service.

2) against the creditor of an obligation subject to conditions or fixed day, until the condition is met or the day arrives.

3) against the heir with benefit of inventory with respect to claims against the estate has.

4) Between spouses.

5) With respect to warranty action until eviction takes place.

6) As to claims for economic damages caused to the State.

7) In other cases established by law.

Article 1552. (Notation in the registry).

I. Authority may ask the court to the notation of their rights in the public record: 1) Who demand in court the ownership of real property or a charge, declare, modify or extinguish any right in rem.

2) Who gets in your favor or providence of kidnapping executed writ of attachment on real property of the debtor.

3) Whoever in any judgment obtained in the last sentence of res judicata by condemning the defendant to fulfill an obligation.

4) Who follows demand for judgment on impediments or prohibitions that limit or restrict the free disposal of property, under Section 1540 paragraph 14).

5) Who has a title whose final registration can not be for lack of a requirement remedied.

6) The Attorney General and the Minister of Institutional Transparency and Combating Corruption, for purposes of protection of State Property.

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II. In the cases contemplated by the present article and in the case of property subject to registration, the entry shall be made in the records.

Article 1553. (End of the notation). I. The notation will expire after two years if the date is converted into registrations. The judge may extend the term for a further period of one year, which will not harm third if not based in turn on the register.

II. The notation will become registration upon the favorable judgment passed in res judicata, or demonstrate the causes have been remedied temporarily prevented registration and in these cases it produces all its effect from the date of the entry, however of any right registered in the interval.

III. The notation for the state expire four years, extendable to two more, if not converted to final registration.

Article 40. (Inclusion in the Organic Law of Public Prosecutions). It includes the numeral 36) of Article 36 of Law No. 2175, Organic Law of the Public Ministry, with the following: 36) Designate in each Department prosecutors specialized and dedicated solely to investigating and prosecuting corruption offenses.

REPEALING PROVISION Only. Following rules are repealed: a) Article 158 of Law No. 1488 of April 14, 1993 (Law on Banks and Financial Entities, as amended by Law No. 2297 of December 20, 2001 - Law for Strengthening Financial Supervision and Regulation). b) Any legal provision contrary to this Act

TRANSITIONAL PROVISIONS First. Until the anti-corruption courts created under Article 11 of this Act are not running, the judges who hear criminal cases and process will give priority in processing and resolution processes that are at stake interests of the state.

Second. The cases to be processed for corruption offenses will be heard by the judges, judges and courts, until the election of new anti-corruption courts and then be transferred to them.

FINAL PROVISIONS 19

First. The research and ongoing cases involving corruption and tied to it, laid down in Article 25 paragraphs 2) and 3) of this Act, shall be applied by the competent authorities under Article 123 of the Constitution State.

The numerals 1), 4), 5), 6), 7) and 8) of Article 25, will be processed in the framework of Article 116, paragraph II of the Constitution of the State.

Second. (From Finance). The State shall guarantee the annual funding of policies and projects to combat corruption with their own resources to ensure adequate both banks of investigation, prosecution and trial.

Refer to the Executive Branch for constitutional purposes. Given in the Hall of Sessions of the Plurinational Legislative Assembly, twenty-ninth day of March, two thousand ten.

Signed. Fernando René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina Garnica Cruz, José Antonio Yucra Paredes, Pedro Nuny Caity.

Therefore, in order to be enacted and obeyed as a law of the State of Bolivia.

Government Palace in the city of La Paz, to the thirty-one days of March two thousand and ten years.

FD. Evo Morales, Oscar Coca Antezana, Sacha Sergio Llorenti Soliz, Nilda Copa Condori, Nardi Suxo Iturry.

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