40 endanger the community’s security, an appraisal of the seriousness and nature of the punishable act was sufficient, in addition to “the constitutional purposes of pretrial detention” (Art. 65). In practice, this amendment contributed nothing in terms of guaranteeing the right to personal liberty; instead, it reaffirmed the discretion of the court’s authority to keep a person in custody by considering only the “seriousness and nature of the punishable act.” 92. Similarly, Law 1142 of 2007 stipulated that in order to award an alternative to pretrial detention, in addition to meeting one of the circumstances already established in the Code of Criminal Procedure, a second condition had to be met: namely, that the accused was not charged with any of the more than eighteen offenses listed in a new paragraph added by that law (Art. 27). Later, under Law 1474 of 137 2011, five more offenses were added to that list (Art. 39). 138 93. Similarly, in Bolivia, the National Citizen Security System Law (No. 2494 of 2003) introduces the danger of recidivism as an official criterion for determining the procedural risk on which an order for pretrial detention (or other precautionary measures) is to be based, provided that fewer than five years have passed since the conclusion of the previous sentence (Art. 16). In addition, it uses open-ended language in the criteria for determining the risk of procedural hindrance, stipulating that any other duly accredited circumstance that indicates that the accused will obstruct the determination of the truth is valid for establishing the danger of procedural hindrance (Art. 15). In addition, this provision empowers the judge to order more severe precautionary measures than those requested by the prosecutor and/or plaintiff (Art. 16). 94. Later, the Law Amending the Criminal Justice System (No. 007 of 2010) added an additional five factors for determining flight risk: (1) existence of prior criminal activity; (2) issuance of formal charges or judgment at the first instance; (3) accused had been offered an alternative measure for willful crime; (4) belonging to criminal organizations or conspiracies; and (5) representing a danger to society, to the victim, or to the complainant (Art. 1). It extended the waiting period for requesting the 137 Following that last amendment, the offenses in which alternatives are not allowed are the following: those under the jurisdiction of specialized circuit criminal judges; migrant smuggling; carnal knowledge or sexual acts with a person incapable of resistance; domestic violence; qualified theft; aggravated theft; aggravated fraud; use of false documents related to stolen vehicles; manufacture, trafficking, and possession of firearms or ammunition for personal use when in conjunction with the crime of conspiracy or when the accused have a prior conviction for the same offenses; manufacture, trafficking, and possession of firearms or ammunition that are restricted to armed forces use; manufacture, import, trafficking, possession, and use of chemical, biological, and nuclear weapons; embezzlement through misappropriation in an amount exceeding fifty times the minimum legal monthly wage; extortion; active bribery; passive bribery; illicit enrichment; transnational bribery; undue interest in contracting; contracting without meeting legal requirements; influence peddling; continuous, repeated handling of stolen goods; handling of stolen goods to hide or conceal qualified theft in conjunction with conspiracy; handling of stolen motor vehicles or the essential parts thereof, or of merchandise or fuel carried thereby. 138 Construir Foundation, Criminal Procedure Reform and Pretrial Detention in Bolivia (Reforma Procesal Penal y Detención Preventiva en Bolivia), 2012, pp. 26 and 27.