CRIMES RELATED TO MINERAL EXPLOITATION IN BOLIVIA: LEGAL FRAMEWORK AND PENALTIES

The protection of natural resources is a top priority for the Plurinational State of Bolivia. In response to the increase in crimes related to the theft and illegal commercialization of minerals, Law No. 1093 of August 29, 2018, was enacted. This law amends the Penal Code and introduces new criminal offenses to more effectively address these illicit activities. The legislation strengthens the legal framework through five key articles that sanction everything from criminal associations to the reception of stolen or unlawfully obtained minerals.

CRIMINAL ASSOCIATION FOR MINERAL-THEFT-RELATED OFFENSES

Article 132 ter of the Penal Code states:

“(CRIMINAL ASSOCIATION FOR MINERAL-THEFT-RELATED OFFENSES). Whoever forms part of an association of two (2) or more persons organized to commit theft, robbery, or reception related to mineral theft shall be punished with imprisonment from one (1) to three (3) years.”

This article criminalizes the formation of groups with the intent to steal minerals—either through theft, robbery, or subsequent commercialization. Merely being part of such a group constitutes a crime, even if the criminal act has not yet been carried out.

Example: Three individuals in Huanuni organize to extract tin illegally from a state-owned mine during the night. Even if they haven’t entered the mine yet, their mere association with this intent qualifies as a criminal offense.

THEFT OF MINERALS IN BOLIVIA: DEFINITION AND PENALTIES

Article 326 bis of the Penal Code states:

“Article 326 bis. (THEFT OF MINERALS).
I. Whoever unlawfully takes minerals that have not been transformed into final consumer goods, regardless of their origin, presentation, or condition, shall be punished with imprisonment from two (2) to four (4) years.
II. The penalty shall increase to three (3) to five (5) years if:
1. Committed by public officials in relation to their duties;
2. Committed by partners, workers, or employees of a public or private mining company;
3. Committed by members or employees of a mining cooperative; or
4. In any of the cases provided in items 1, 2, 3, and 6 of the second paragraph of Article 326.”

Theft of minerals involves unlawful appropriation without violence. Penalties are harsher if the perpetrator is a public servant or has a labor relationship with the affected mining entity.

Example: A worker at a private mining company in Potosí is caught hiding bags of silver concentrate. This constitutes aggravated theft of minerals due to the employment relationship.

ROBBERY OF MINERALS IN BOLIVIA: DEFINITION, EXAMPLES, AND PENALTIES

Article 331 bis of the Penal Code states:

“Article 331 bis. (ROBBERY OF MINERALS).
Whoever unlawfully takes minerals not transformed into consumer goods, under the same circumstances provided in Article 331, shall be punished with imprisonment from three (3) to six (6) years.”

Robbery involves the use of violence or intimidation. It carries heavier penalties than theft.

Example: An armed group breaks into a mining site in Oruro and threatens security personnel to steal tin ingots. This act qualifies as robbery of minerals.

AGGRAVATED ROBBERY OF MINERALS: DEFINITION AND PENALTIES

Article 332 bis of the Penal Code states:

“Article 332 bis. (AGGRAVATED ROBBERY OF MINERALS). The penalty shall be six (6) to ten (10) years of imprisonment:
1. If any of the aggravating circumstances listed in Article 332, numerals 1, 2, or 3, are present;
2. If any of the circumstances in Paragraph II of Article 326 bis apply.”

This applies when the robbery involves weapons, employee participation, property damage, or group coordination.

Example: Five armed individuals, including a mine employee, use explosives to break into a storage vault in La Paz. The use of violence, employee involvement, and weapons qualifies the act as aggravated robbery of minerals.

RECEPTION OF STOLEN MINERALS IN BOLIVIA

Article 332 ter of the Penal Code establishes:

“Article 332 ter. (RECEPTION OF STOLEN MINERALS).
I. Anyone who, after the commission of theft or robbery of unprocessed minerals, assists another in benefiting from the crime shall be punished with one (1) to three (3) years in prison and confiscation of the illicit goods.
II. Anyone who receives, hides, sells, or buys such minerals knowing they come from theft or robbery shall be punished with two (2) to four (4) years of imprisonment and confiscation.
III. Owners, managers, or administrators of processing plants or trading companies who buy or process minerals from theft or robbery shall be punished with three (3) to five (5) years in prison and confiscation of the goods.”

Reception criminalizes those who aid or benefit from mineral theft. The penalty increases for commercial actors.

Example: A mineral processing plant in Oruro receives gold ore from conflict zones, knowing it was stolen. The plant’s manager commits aggravated reception of stolen minerals.

HOW BOLIVIA’S CRIMINAL SYSTEM ADDRESSES MINERAL-RELATED CRIMES