BEGINNING OF A CRIME IN BOLIVIA

Not all crimes are completed, but certain initial actions can already trigger criminal liability. Bolivian law contemplates specific scenarios in which a person may be sanctioned for beginning to carry out a crime, even if the intended result is never achieved. This article examines how Bolivian legislation regulates attempt, voluntary abandonment, and impossible crime—three legal figures that determine when punishability arises in the initial stages of criminal conduct.

ATTEMPT TO COMMIT A CRIME

An attempt occurs when a person initiates the execution of a crime through clear, direct, and suitable actions to achieve the criminal outcome, but the result does not occur due to circumstances beyond their control. In such cases, the law provides for a reduced penalty—typically two-thirds of the sentence applicable to the consummated offense.

For instance, if someone breaks the lock of a commercial property intending to commit theft but is arrested by the police before entering the premises, their behavior constitutes an attempt. Although the crime was not completed, the person engaged in unequivocal and capable acts to execute it. This legal concept allows punishment of conduct that poses a concrete risk to legally protected interests, even when no actual harm has occurred.

Attempt must be distinguished from mere intention or preparation, which involve no direct execution acts and therefore do not entail criminal liability.

VOLUNTARY ABANDONMENT AND EFFECTIVE REPENTANCE

Voluntary abandonment occurs when a person who was about to commit a crime decides on their own not to continue, without external influence. If this decision is made before any harm is done to the protected legal interest, the law excludes all criminal responsibility.

Similarly, effective repentance occurs when the perpetrator, having initiated the crime, personally prevents or effectively contributes to preventing the harmful result. In this case, no penalty is imposed, provided that the acts already carried out are not punishable offenses in themselves.

For example, if someone adds a dangerous substance to another person’s drink with harmful intent but then warns them in time to prevent ingestion, they may be exempt from punishment. However, if the substance used is prohibited or inherently dangerous, other forms of liability may still apply.

These legal figures recognize the offender’s capacity to change their conduct before the crime is completed and reinforce the principle of minimal criminal intervention.

WHEN A CRIME IS IMPOSSIBLE

In some cases, a person may attempt to commit a crime, but the act fails because the means used are inadequate or because the intended target does not exist. This situation is referred to as an impossible crime. Although the offender’s intention is clear, there is no real risk to the legal interest, and therefore no criminal penalty is imposed. However, if the judge determines that the individual poses a societal risk, security measures may be applied.

For example, if a person puts sugar into someone’s drink thinking it is poison, their intent was to cause harm or death. But since the substance is harmless, the intended result could never occur. This scenario constitutes an impossible crime, as there is no actual threat to the protected interest. Nonetheless, the judge may impose security measures if the person is deemed dangerous.

This legal concept protects individuals from punishment for acts that, although intentional, have no real potential to cause harm.

In summary, Bolivian criminal law clearly outlines the early stages of criminal execution and determines under which circumstances such conduct may be sanctioned. Attempt reflects a concrete risk that justifies a mitigated penalty; voluntary abandonment and effective repentance reward the choice to prevent harm; and impossible crime excludes punishment where the act, by its nature, could not have caused the intended outcome. These distinctions are essential to applying criminal law with fairness, logic, and proportionality.

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Frequently Asked Questions (FAQs)

What is the difference between an attempt and preparation of a crime?

An attempt involves initiating specific execution acts toward committing a crime, while preparation refers only to preliminary steps without direct execution. Only attempts generate criminal liability.

Can I avoid conviction if I repent before the crime occurs?

Yes, if the repentance is effective and prevents the crime from being completed, the law may exempt you from criminal responsibility—provided that previous acts are not crimes in themselves.

What happens if I try to commit a crime using a method that cannot cause harm?

This constitutes an impossible crime. No criminal penalty applies because there is no real risk. However, the judge may impose security measures if the person is considered dangerous.

Does an attempt carry the same penalty as a completed crime?

No. Attempted crimes are punished less severely. Typically, the sentence is reduced to two-thirds of the penalty for the consummated offense.

What conditions must be met for voluntary abandonment to apply?

There must be a free and spontaneous decision to stop the criminal act before any harm is done to the protected legal interest. No external influence should have caused the abandonment.

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.