CAT/OP/BOL/3/Add.1
219. Instructions FGE/RJGP/DGFSE No. 192/2014, Guidelines for the application of
Act No. 586 on decongesting and making the criminal justice system more effective:
“Ensure compliance with Act No. 586, taking into consideration the functions of the Public
Prosecution Service, the guiding principles governing public criminal action and the
principles of material truth and minimal intervention for: the identification of cases,
termination of proceedings, issuing of decisions or injunctions, cases in which the
preliminary stage or preparatory phase has expired, cases on trial before sentencing courts,
legal representation of the State, amendments and substitutions to the Code of Criminal
Procedure through Act No. 586, conversion of actions, sentencing courts, cessation of
pretrial detention, termination of preliminary investigation, additional procedural steps,
exceptions, processing pleas, presentation of injunctions, scope of alternative sentences,
conciliation, preparation of trial, content of charge, processing of claims in the oral hearing,
application of summary proceedings, application of immediate proceedings for in flagrante
offences, substantiation of oral hearings.”
220. With regard to paragraph 30 of the Subcommittee’s report in relation to criminal
justice policy, under article 225 of the Constitution, the Public Prosecution Service defends
the law and general interests of society and brings public criminal action.
221. Since 11 July 2012, there has been a new Organic Act on the Public Prosecution
Service; it is important that the new guidelines and criminal prosecution policy are framed
by the new legislation, as well as the planned changes to the Constitution in the field of
justice, in which the Public Prosecution Service is one of the main operators, as the entity
responsible for bringing public criminal action.
222. Article 30 (3) of the Organic Act on the Public Prosecution Service provides that it
is the responsibility of the Prosecutor General to “determine, in coordination with the
organs of State, the country’s criminal justice policy”. As such, the Department for
Criminal Justice Policy has been established and various national meetings and
international seminars have been held since 2013 with a view to developing a proposal for a
criminal justice policy:
(a)
National Meeting of the Public Prosecution Service, 11–13 July 2013;
(b)
National Meeting of the Public Prosecution Service and international seminar
“Towards the construction of a new criminal justice system,” held in the municipality of
Tiquipaya-Cochabamba from 21–23 July 2014;
(c) National Meeting of the Public Prosecution Service and international seminar,
29–30 July 201;
(d)
National Meeting of the Public Prosecution Service and international seminar
entitled “Driving the revolution in the Bolivian justice system”, on 25 and 26 August 2017;
(e)
Establishment of the Department for Strategic Planning of Criminal
Prosecution and Criminal Justice Policy through resolution FGE/RJGP/DAJ No. 166/2017
of 3 July.
223. In subparagraph 32 (b) of its report, the Subcommittee recommends adopting
mechanisms for detecting and sanctioning corrupt practices. In this respect, the Unit for the
Investigation of Assets and Transparency reports that it has been fully committed to
preventing and combating corruption since 2015. The Prosecutor General proposed to the
National Council of the Public Prosecution Service the establishment of a unit for the
investigation of assets, which was approved by resolution FGE/RJGP/DAJ No. 030/2015 of
29 April 2015. Since then, in accordance with its regulations, this unit has carried out its
functions to review, analyse, monitor and check the assets obtained and/or acquired by
officials of the Public Prosecution Service in relation to remuneration or income received
during their period of employment in the Service. The investigation of assets is aimed at
preventing and combating corruption and ensuring that officials are ethical, correct and
transparent and committed to defending the public interest.
224. In 2017, the regulations of the Unit for the Investigation of Assets were amended
through resolution FGE/RJGP/DAJ No. 124/2017 of 19 May 2017, approved by the
National Council of the Public Prosecution Service, which decided to rename it the Unit for
GE.18-12244
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