CATTLE RUSTLING IN BOLIVIA: DEFINITION AND LEGAL FRAMEWORK

WHAT ACTIONS CONSTITUTE THE CRIME OF CATTLE RUSTLING?

The following actions are typified under the crime of cattle rustling:

1. Unlawfully taking possession of or appropriating livestock.
2. Branding, marking, erasing, or altering the identifying marks of animals that belong to others.
3. Branding or marking unmarked livestock (animal orejano) on someone else’s property without the owner’s consent.
4. Branding or marking unmarked livestock that belongs to someone else, even if done on one’s own property.
5. Slaughtering, commercializing, or transporting livestock that does not belong to the person, or doing so without authorization from the rightful owner.

WHAT ARE THE AGGRAVATING CIRCUMSTANCES?

The following circumstances aggravate the offense of cattle rustling:

1. When the offense involves two (2) or more heads of livestock, including horses, mules, donkeys, cattle, buffalo, pigs, goats, sheep, or South American camelids.
2. When the offense is committed by two (2) or more individuals.
3. When the animals involved have high genetic value.
4. When the offender has an employment relationship with the victim.
5. When the crime is committed during a natural disaster, civil unrest, accident, or personal misfortune, or when the animals are out of the owner’s control.
6. When firearms are used or violence is exercised against persons.

It is also important to note that receiving stolen livestock obtained through cattle rustling is punishable under Article 172 of the Penal Code, and may result in imprisonment.

WHAT ARE THE PENALTIES FOR CATTLE RUSTLING IN BOLIVIA?

In Bolivia, cattle rustling is punishable by imprisonment. The penalties vary depending on the type and number of animals involved, as well as the presence of aggravating circumstances. Article 350 of the Penal Code, as amended by the Additional Provision of Law No. 1102 of September 25, 2018, establishes the following scale:

• 6 months to 1 year for cattle rustling involving one (1) head of pig, goat, or sheep.
• 2 to 4 years for cattle rustling involving one (1) head of horse, mule, donkey, bovine, buffalo, or South American camelid.
• 4 to 6 years if aggravating circumstances apply.
• 6 months to 1 year for receiving livestock obtained through cattle rustling (under Paragraphs I and II of Article 350).
• 2 to 4 years for receiving rustled livestock when aggravating circumstances are present (under Paragraph III of Article 350).

ECONOMIC IMPACT AND PREVENTIVE MEASURES

Cattle rustling is a crime that causes significant financial harm to victims, especially in the agricultural and livestock sectors. This, in turn, negatively impacts the national economy. To combat this, the Bolivian government established the National Council for the Fight Against Cattle Rustling (CONALCABI) through Law No. 1102. CONALCABI serves as the highest advisory body responsible for coordinating comprehensive control mechanisms and policies aimed at preventing and reducing cattle rustling.

Its strategic role includes promoting effective public policies, enhancing inter-institutional coordination, and implementing rural security measures to protect livestock producers across the country.