For example, in a robbery involving three individuals—one who plans, another who executes, and a third who provides the necessary tools—not all participants are treated equally under criminal law. Each person’s actions must be individually assessed based on their nature and level of involvement.
WHO IS CONSIDERED A PERPETRATOR?
INSTIGATION IN BOLIVIA: WHEN INCITING A CRIME IS A CRIMINAL OFFENSE
Instigation is a distinct form of criminal participation. It refers to someone who intentionally induces another person to commit an unlawful act. Bolivian law stipulates that the instigator receives the same penalty as the perpetrator, highlighting the seriousness of this conduct.
This is particularly relevant in scenarios where, for example, an employer encourages an employee to manipulate accounting records to conceal income. Even if the employer does not directly carry out the action, they bear criminal responsibility equivalent to that of the person who does.
ACCOMPLICES IN CRIMINAL OFFENSES IN BOLIVIA
An accomplice is someone who aids or facilitates the commission of a crime, even if their participation is not indispensable for the crime to occur. A person who provides assistance after the crime has been committed—based on a prior agreement—is also considered an accomplice. The applicable penalty is that of the principal offense but with a proportional reduction.
For example, a person who knowingly lends their vehicle for use in a getaway following a robbery becomes criminally liable as an accomplice. Even if the crime could have been executed without their help, their cooperation implicates them legally.
CRIMINAL LIABILITY OF LEGAL ENTITIES
In specific cases, legal entities can also be held criminally liable. This liability is autonomous and independent from that of the individuals involved, and it applies even if the material perpetrators cannot be identified or prosecuted. Liability also persists in cases of mergers, spin-offs, or the apparent dissolution of the entity.
For example, if a company engages in active bribery through one of its representatives, it may be sanctioned directly, even if the executive responsible is never tried or has died. Bolivian law provides mechanisms to ensure enforcement, even in corporate restructuring scenarios.
CRIMINAL OFFENSES ATTRIBUTABLE TO LEGAL ENTITIES
Only specific crimes allow for the imposition of criminal liability on legal entities. These include: money laundering, illicit enrichment, active bribery, harmful contracts, breach of contract, and fictitious or simulated companies. For crimes not explicitly listed, general provisions regarding the criminal liability of legal entities are applied.
This limitation prevents arbitrary enforcement and ensures that corporate criminal liability is reserved for offenses with substantial public impact or systemic corruption.
INDIVIDUAL CULPABILITY AND NON-TRANSFERABILITY OF PERSONAL CIRCUMSTANCES
Each person involved in a crime must be penalized based on their own degree of culpability. Aggravating or mitigating personal circumstances cannot be transferred from one participant to another. For instance, if the perpetrator has aggravating factors such as recidivism or a position of authority, these do not affect the sentence of the accomplice or instigator.
In summary, the current legal framework in Bolivia establishes a clear and differentiated approach to criminal participation, with specific rules for perpetrators, instigators, accomplices, and legal entities. This classification allows the criminal justice system to apply penalties proportionally, upholding the principles of legality, culpability, and individualized justice.
If you or your company are facing legal challenges related to criminal participation, corporate liability, or individual indictments, our law firm is ready to provide expert legal advice. Contact us today to schedule a confidential consultation.
Frequently Asked Questions (FAQs)
What is the difference between a perpetrator and a co-perpetrator?
A perpetrator commits the crime individually or with assistance, while a co-perpetrator actively participates in executing the crime alongside others, making both equally liable.
Can an instigator be convicted if the perpetrator is not?
Yes, an instigator’s criminal liability is autonomous and can be prosecuted independently of the material perpetrator’s conviction.
What are the requirements for holding a legal entity criminally liable?
The entity must be involved in specific offenses such as corruption or money laundering, and the act must have been committed by a legal representative or someone acting on its behalf.
Is an accomplice always subject to a reduced sentence?
Generally, yes. However, the final penalty depends on the specifics of the case and the degree of the accomplice’s involvement.
Can a company still be punished if it changes its name or dissolves?
Yes, liability persists even in cases of merger, spin-off, or apparent dissolution of the company.
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.
