Criminal
Código Penal with oral procedure and high pre-trial detention
The Código Penal and the Código de Procedimiento Penal (Ley 1970) provide an accusatorial oral process led by the Ministerio Público. Bolivia has one of the region's highest proportions of pre-trial detainees, and successive reforms including Ley 1173 sought to speed hearings and limit detención preventiva. Indigenous jurisdiction handles defined community matters.
Key rules
- Jurisdiction — National criminal law, coexisting with indigenous jurisdiction
- Deadline — Detainee before a judge within 24 hours
- Deadline — Preparatory investigation: six months from formal imputation
- Deadline — Preventive detention subject to statutory maximum terms under Ley 1173
Governing law
- Código Penal Boliviano
- Ley 1970 - Código de Procedimiento Penal
- Ley 1173 - Abreviación Procesal Penal2019
In practice
Ley 1173 introduced measures including expedited hearings, electronic notification and stricter justification for preventive detention, precisely because prolonged pre-trial custody had become the system's defining problem. The interface with indigenous jurisdiction is governed by Ley 073, which excludes serious offences from community adjudication while requiring the state courts to respect community decisions within their sphere.