CRIMINAL ASSOCIATION AND ORGANIZED CRIME IN BOLIVIA

Author: Rigoberto Paredes Ayllon

In Bolivia’s criminal law framework, it is crucial to distinguish between the concepts of criminal association and organized crime. This distinction directly affects criminal penalties, judicial treatment, and the approach to preventing complex crimes. Below, we explain both terms using practical examples and a clear comparative table to aid understanding.

WHAT IS A CRIMINAL ASSOCIATION IN BOLIVIA?

Criminal association refers to the joining of four or more people with the intention of committing crimes. A permanent or hierarchical structure is not required—only an agreement between individuals to carry out unlawful acts.

Practical example:

A group of five individuals agrees to commit armed robberies in various areas of Santa Cruz. They assign basic roles (driver, lookout, executors) but do not have a formal structure or chain of command. This constitutes a criminal association.

WHAT IS AN ORGANIZED CRIMINAL GROUP IN BOLIVIA?

In contrast, an organized criminal group is a more complex and permanent structure formed by three or more people who operate under rules of discipline or control. These organizations are typically involved in serious crimes such as genocide, human trafficking, drug trafficking, or money laundering.

Practical example:

An international drug trafficking network operating across Bolivia, Peru, and Brazil includes leaders, logistics coordinators, financial managers, and couriers. The network launders money through front businesses in La Paz. This is a clear example of an organized criminal group.

DIFFERENCES BETWEEN CRIMINAL ASSOCIATION AND ORGANIZED CRIME IN BOLIVIA

Characteristic	Criminal Association	Organized Criminal Group
Minimum number of members	4 or more.	3 or more.
Organizational structure	No formal structure required.	Yes, requires hierarchy, discipline, and control.
Duration	Temporary or occasional.	Permanent or sustained over time.
Type of crimes	Common crimes (theft, assault, robbery)	Complex crimes (trafficking, genocide, corruption, kidnapping)
Basic penalty	Imprisonment from 6 months to 2 years or 1 to 12 months of community work	Imprisonment from 1 to 3 years; leaders: 2 to 6 years
Aggravating factors	Involvement of minors	Use of minors, incapacitated persons, or public officials
Example	Group that sporadically burglarizes houses	Drug cartel with regional structure

CRIMINAL LAW CONSIDERATIONS REGARDING CRIMINAL ASSOCIATION AND ORGANIZED CRIME IN BOLIVIA

Both offenses are recognized under current criminal legislation. The involvement of minors, incapacitated persons, or public officials in these structures is considered an aggravating circumstance and significantly increases the penalties. These provisions aim to protect vulnerable sectors of society and uphold the integrity of public institutions.

If you are under investigation or involved in proceedings related to any of these criminal offenses, contact our legal team for specialized and comprehensive defense.

Frequently Asked Questions (FAQs)

How many people are needed to establish a criminal association?

At least four people must come together with the intent to commit criminal acts.

What’s the difference between a youth gang and a criminal organization?

A youth gang may be considered a criminal association if it lacks a hierarchical structure. An organized criminal group requires rules, structure, and permanence.

What happens if a public official is part of a criminal organization?

The penalty is increased by one-third due to the official’s position of responsibility.

Can someone be punished just for being part of an organized criminal group?

Yes. Merely being a member of such a group constitutes a criminal offense under Bolivian law.

What crimes qualify a group as an organized criminal organization?

Crimes such as genocide, human trafficking, money laundering, drug trafficking, and corruption, among others.

Bibliography

Bolivian Penal Code (Latest update in force)
Plurinational Legislative Assembly. (n.d.). Political Constitution of the State
Ministry of Justice and Institutional Transparency. (n.d.). Bolivian Criminal Law Doctrine

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.