ILLICIT ENRICHMENT IN BOLIVIA

An example of illicit enrichment in Bolivia could be a public official who, during their term, acquires expensive properties and assets that cannot be justified based on their legitimate income. For instance, if an official earns Bs. 5,000 per month and acquires a property valued at 500,000 U.S. dollars, it would be difficult to justify how they obtained the funds to make such a purchase. Another common example could involve a public official who uses their position to secure unfair contracts and business deals, leaving no trace of illegality other than the unjustified increase in their assets.

It should be noted that in both examples, the common element is the official status of the individual involved. This is due to the legal nature of this type of offense, known in legal doctrine as a “special offense” (delito propio), meaning that the conduct described can only be committed by individuals who meet certain conditions related to their position, office, or profession. In the case of illicit enrichment, the offense can only be committed by a public servant or official.

Following this logic, the active subject of illicit enrichment is the public official who disproportionately increases their assets in relation to their legitimate income. The passive subject is the State and society at large, as this type of conduct undermines honesty and transparency in public service. The key legal action—or verbo rector—in this offense is “disproportionate increase,” referring to the growth in the official’s wealth that cannot be justified through legitimate earnings. The subjective element is intent (dolo), meaning the deliberate aim to obtain undue financial benefits through public office. The objective element is the disproportionate increase in wealth, which must be proven by comparing the official’s legitimate income to the value of the acquired assets.

Regarding the penalties of imprisonment, disqualification from public office, fines, and confiscation of illegally obtained assets, it is worth emphasizing that these are intentionally severe to deter officials from engaging in such conduct. However, the success of this law in preventing illicit enrichment depends on effective implementation and the ability of authorities to investigate and punish those involved. Additionally, it is essential to promote transparency and accountability mechanisms to ensure that public officials are held responsible for their actions and that state resources are used efficiently and fairly.

In conclusion, Article 34 of Law No. 004 on the Fight Against Corruption, Illicit Enrichment, and Investigation of Fortunes “Marcelo Quiroga Santa Cruz” of the Plurinational State of Bolivia establishes strict measures to combat illicit enrichment and seeks to ensure that public officials are accountable for their actions. However, for it to be effective, strong implementation and robust mechanisms for transparency and accountability are required.