36
restrictions on benefits and sentencing alternatives. According to the National
Penitentiary Institute of Colombia (INPEC), Law 1453 of 2011 has led to the admission of
122
a monthly average of 3,000 new inmates to the prison system. In addition, there have
been other similar provisions that, as a whole, have meant a pronounced trend toward
123
the increased use of incarceration as a means of social control.
124
83.
Similarly, in Bolivia, over the twelve years since the enactment of
125
the new Code of Criminal Procedure (March 2001), a series of amendments have
been made to criminal justice provisions, mainly involving the creation of new offenses,
harsher sentencing, expanding the powers of judges and prosecutors to request and
order pretrial detention, and expanding the legal time frames for preliminary
investigations, police proceedings, and pretrial detention.
84.
Essentially, this counter reform process has been implemented by
126
which made significant
means of: (a) the National Citizen Security System Law,
changes to the precautionary measures regime, such as including recidivism as grounds
for procedural risk, expanding the powers of judges and prosecutors in determining the
…continuation
in mind that a single inmate may be involved in one or more offenses. According to the INPEC, the offense
with the largest increase was theft, with 3,695 new offenders, followed by narcotic trafficking, production, or
possession, with 3,502. In general terms, this law has substantially changed the 2011 trend in the growth of
the prison, which explains the increase of 16,000 new inmates compared to the 2010 figure.”
122
See Caracol Radio, Inpec challenges ruling that prevents new transfers of prisoners to La Modelo
(Inpec impugna fallo de tutela que impide nuevos traslados de reclusos a La Modelo), February 1, 2013,
available in Spanish at: http://www.caracol.com.co/noticias/judicial/director-del-inpec-lanza-ultimatum-adirectores-por-irregularidades-en-carceles/20130206/nota/1837810.aspx.
123
For example, Law 1121 of 2006, which eliminated sentence reductions in crimes of extortion,
terrorism, and kidnapping; Law 1181 of 2007, which increased the penalties for the crime of failing to provide
alimony; Law 1220 of 2008, which increased the penalties for crimes against public health; Law 1236 of 2008,
which created new offenses and increased the penalties for sex crimes; Law 1257 of 2008, which increased the
penalties for crimes of violence and discrimination against women; Law 1273 of 2009, which defined new
crimes against intellectual property; Law 1329 of 2009, which created new crimes involving the sexual
exploitation of minors; Law 1356 of 2009, which established aggravating factors for crimes committed in
sporting venues; Law 1357 of 2009, which increased the penalties for several offenses, including the illegal
collection of money; Law 1426 of 2010, which established a new aggravating factor for homicides involving
journalists, human rights defenders, or public servants; and Law 1474 of 2011, which introduced such new
offenses as private corruption, administrative disloyalty, control failures in the health sector, embezzlement
for different official use of social security funds, willful embezzlement of social security funds, subsidy fraud,
agreements restricting competition, and influence peddling by private citizens, and also extended the terms of
statutory limitations and disallows benefits in cases of corruption-related crimes against the public
administration.
124
Construir Foundation, Criminal Procedure Reform and Pretrial Detention in Bolivia (Reforma
Procesal Penal y Detención Preventiva en Bolivia), 2012, pp. 26-37, 123. This study concludes that the
implementation of the new Code of Criminal Procedure failed to achieve the goals set “largely on account of
the amendments to the punitive provisions of criminal law, since the discussion on criminal prosecution failed
to explore essential aspects related to the functioning of the criminal justice system, and the absence of
prevention policies from the state” (p. 37).
125
Plurinational State of Bolivia, Law 1970 of March 25, 1999.
126
Plurinational State of Bolivia, Law 2494 of August 4, 2003.
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