JUVENILE CRIMINAL PROCEEDINGS IN BOLIVIA

WHICH JUDGE HANDLES JUVENILE CRIMINAL CASES?

Juvenile criminal cases are handled by specialized judges. As per Article 273 of Law No. 548, public judges in childhood and adolescence matters are responsible for establishing criminal liability and issuing corresponding socio-educational measures through a verdict of conviction or acquittal.

WHAT IS THE ROLE OF PROSECUTORS AND POLICE INVESTIGATORS IN JUVENILE CASES?

Articles 275 and 276 of Law No. 548 state that the Public Prosecutor’s Office, through its Specialized Division on Juvenile Criminal Justice, leads the investigation and pursues public criminal action to establish the factual truth. The police must have specialized investigators working under the prosecutor’s direction.

WHO PROVIDES LEGAL DEFENSE TO ADOLESCENTS IN CRIMINAL CASES?

From the beginning to the conclusion of the process, adolescents must be assisted by a private or public defense attorney (Public Defender) and an interdisciplinary team from the Office for the Defense of Children and Adolescents, as per Article 274 of Law No. 548.

WHERE IS JUVENILE DETENTION CARRIED OUT?

If an adolescent is ordered into detention, Article 289(III) of Law No. 548 stipulates that it must take place in social reintegration centers, with separate facilities by gender. These centers must respect the rights, guarantees, and best interests of the detained adolescents (Article 334 of Law No. 548).

WHAT DECISIONS CAN PROSECUTORS ISSUE IN JUVENILE CASES?

After the preliminary investigation, the prosecutor may issue a decision to dismiss the case (Article 306) or formally charge the adolescent (Article 293). In the case of formal charges, precautionary measures may be requested, including preventive detention (Articles 288 and 289).

During the preparatory phase, if the evidence is insufficient, the prosecutor may dismiss the case (Article 305). If there is enough evidence, a formal accusation is filed (Article 304), leading to a trial to determine criminal liability.

WHAT HAPPENS ONCE THE PROSECUTOR FILES AN ACCUSATION?

According to Article 309 of Law No. 548, upon receiving the accusation, the judge in childhood and adolescence matters will instruct their interdisciplinary team (psychologist and social worker) to update or verify the psychosocial reports. The adolescent will be notified and given five days to submit exculpatory evidence. A date for the oral trial will be scheduled (Article 311), where the parties will present their evidence. The judge will then issue a conviction or acquittal (Article 312).

ARE JUVENILE CRIMINAL PROCEEDINGS CONFIDENTIAL?

Yes. All cases involving minors are confidential. Hearings are held behind closed doors, and only the involved parties have access to the case. Media outlets are prohibited from publishing any information that could identify the minors involved (Articles 144, 263, and 309 of Law No. 548).

WHAT HAPPENS AFTER THE JUDGMENT? WHAT IS MITIGATED CRIMINAL LIABILITY?

Once the trial concludes, the judge issues a ruling—either conviction or acquittal—and applies appropriate socio-educational measures. If either party disagrees, they may appeal the decision (Article 315).

In the case of a conviction, adolescents are subject to mitigated criminal liability, meaning the maximum penalty is reduced by four-fifths compared to the adult penalty (Article 268). For example, if the maximum sentence for homicide is 30 years, four-fifths (24 years) are subtracted, resulting in a 6-year sentence in a juvenile facility.

CAN ALTERNATIVE RESOLUTIONS BE APPLIED IN JUVENILE CASES?

Yes, not all juvenile cases end in conviction. Alternative resolutions like conciliation and reparation of harm can be applied to resolve the case efficiently and restore relationships. These measures are promoted by the prosecutor or judge and require the presence of the Office for the Defense of Children and Adolescents. The goal is to reach an agreement that allows for reparations and encourages the adolescent to take responsibility and develop social and personal skills. Upon compliance, the judge will extinguish the criminal action (Articles 301 and 302 of Law No. 548).

However, alternatives cannot be applied in all cases. Article 67 of Law No. 025 and Article 46 of Law No. 348 prohibit conciliation in cases involving crimes against life, integrity, corruption, drug trafficking, and violence against women. Article 302 specifies that reparation is allowed only in property-related offenses (e.g., theft) and unintentional crimes not resulting in death.

CAN ADOLESCENTS BE EXCLUDED FROM CRIMINAL PROCEEDINGS?

Yes. One way to conclude a juvenile criminal case is through diversion (remisión), which excludes the adolescent from judicial proceedings to prevent negative effects on their development. Article 298 allows this when the offense carries a maximum penalty of up to five years and the adolescent and their legal guardians consent. If the victim disagrees, they can request a review within five days, which will be decided by the Departmental Prosecutor.

WHAT IS ANTICIPATED TERMINATION?

Anticipated termination (terminación anticipada), under Article 308, is another way to conclude the process. If there is sufficient evidence, and the adolescent voluntarily admits their participation and waives a trial, the judge will issue a conviction and impose the corresponding socio-educational measures, which must not exceed the prosecutor’s request.

WHAT IF THERE IS AN ERROR REGARDING THE ADOLESCENT’S AGE?

If there is an age-related error, Article 265 stipulates the following:

• If the individual is found to be an adult at the time of the crime, the juvenile judge will declare incompetence and transfer the case to the ordinary jurisdiction.
• If the individual was under 14 years old, the case is closed, and the file is referred to the Departmental Social Policy Authority.
• In cases of doubt, the presumption of minority applies.

CONCLUSION

The Juvenile Criminal Justice System in Bolivia has a fundamentally socio-educational purpose, in line with the Convention on the Rights of the Child and other international standards. It must function as a specialized system, distinct from adult criminal justice, considering that adolescents are still developing.

The principle of the best interests of the child should guide the application of restorative justice mechanisms, aiming to prevent the adverse effects of criminal proceedings on adolescents. Restorative justice contributes to the socio-educational goals of the juvenile system by enabling adolescents to take responsibility for their actions and facilitating their reintegration into society.