GUIDE TO SUBMITTING DOCUMENTS IN PRETRIAL DETENTION HEARINGS IN BOLIVIA

IMPORTANCE OF DOCUMENTATION IN PRETRIAL MEASURES

Within the Bolivian criminal process, the pretrial detention hearing is a crucial stage to determine whether the accused will be held in preventive detention or allowed to remain free under alternative measures. To build an effective defense, it is essential to submit documents that prove the defendant’s ties to the country, thereby reducing the procedural risks of flight and obstruction.

WHAT SHOULD YOU KNOW WHEN APPEARING AT THE POLICE CELL?

A fundamental first step is to determine whether the accused is under arrest or detention. This distinction is key:

Arrest: In some cases, the person may be released without the need for a pretrial detention hearing.
Detention: Only a judge can order release or apply an alternative to preventive detention.

Therefore, it is advisable to consult with the investigating officer or police about the legal status of the accused and to submit relevant documentation in a timely manner.

KEY DOCUMENTS FOR THE PRETRIAL DETENTION HEARING

To counter procedural risks, the following aspects must be substantiated:

1. PROOF OF RESIDENCE

The defense must prove that the accused has a fixed residence in Bolivia by providing:

Copy of national ID card
Property documents (Real Property Folio, ownership certificates)
Rental agreement (private or notarized) if the accused is a tenant
Utility bills (water, electricity, gas) in the name of the accused or a family member
Photographs of the residence and the space occupied
Domiciliary Inspection Certificate issued by FELCC

Note: All documents must show matching addresses. Inconsistencies may raise concerns and affect the credibility of the residential ties.

2. PROOF OF EMPLOYMENT

It is crucial to show that the accused has a lawful source of income:

Updated ID card with registered profession or occupation
Photos at the workplace
Employment contract issued by the employer, specifying position, seniority, and work hours
For informal jobs: accounting records, workbooks, invoices, or other documents evidencing work activity

3. PROOF OF FAMILY TIES

To demonstrate family ties and reduce the flight risk, the following can be submitted:

Family booklet (in case of marriage or common-law union)
Birth certificates of children
Recent family photographs

4. CRIMINAL RECORD CERTIFICATES

The accused’s legal history is a key factor in the hearing. It is advisable to present:

FELCC certificate (for common crimes)
FELCV certificate (to confirm absence of domestic violence history)
REJAP certificate (Criminal Record Registry)
CENVI certificate (National Certificate of Domestic Violence)

5. OTHER RELEVANT DOCUMENTS

In some cases, additional documents may strengthen the defense:

School report cards of dependent children
Study or university certificates
Medical certificates (for health conditions requiring special treatment)

WHEN TO SUBMIT THE DOCUMENTS

1. SUBMISSION TO THE PUBLIC PROSECUTOR

Before the pretrial detention hearing and even before the accused’s statement, documentation may be submitted through a written petition to the prosecutor. This allows the Public Ministry to evaluate the evidence and, in some cases, exclude procedural risks in the formal accusation.

2. SUBMISSION TO THE COURT DURING THE HEARING

If the accusation has already been formalized and the case assigned to a court, the documents must be submitted through the filing desk of the Departmental Court of Justice. It is important to inform court staff that the hearing is imminent to avoid delays.

3. VIRTUAL SUBMISSION

In virtual hearings, documents may be submitted via:

Official platforms such as Cisco WebEx
WhatsApp Web or court email addresses
Real-time sharing of document images during the hearing

ADDITIONAL CONSIDERATIONS

Document consistency: All submitted documents should be consistent in dates and personal data.
In case of financial limitations: Defendants have the right to personally submit documents to the court, even without legal assistance. Under the principle of free evaluation of evidence, the judge must consider all submitted documents regardless of the defendant’s financial condition. This ensures a fair assessment of evidence to determine the defendant’s legal status.

Submitting proper documentation during a pretrial detention hearing in Bolivia can be decisive in obtaining release or facing preventive detention. A sound legal strategy supported by solid documentary evidence greatly helps demonstrate legal and social ties and counter procedural risks.

If you require legal advice on this matter, contact one of our criminal law specialists. We are here to support you.

Frequently Asked Questions (FAQs)

What if the accused does not have a rental contract or property documents?

They may submit utility bills, certificates from the neighborhood president or local authority, or a domiciliary registration certificate issued by FELCC.

Is it mandatory to present all the documents mentioned?

No, but the more supporting documents provided, the stronger the evidence of social and legal ties.

Can documents be submitted after the hearing?

Yes, but ideally they should be submitted before or during the hearing so the judge can consider them in the ruling.

Do criminal records influence the judge’s decision in the hearing?

Yes, they can affect the assessment of procedural risks, but they do not automatically result in preventive detention.

Can documentation be submitted virtually?

Yes, in virtual hearings, digital documents can be submitted through official platforms or email.

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.