PRECAUTIONARY MEASURES IN CASES OF FEMICIDE, INFANTICIDE, AND CHILD RAPE: CAN THE ACCUSED BE RELEASED?

In Bolivia, crimes such as femicide, infanticide, and the rape of an infant, child, or adolescent are subject to stricter legal treatment following the enactment of Law No. 1443. This legislation aims to provide greater protection to victims and prevent offenders from obtaining undue procedural benefits. But can someone accused of these crimes be released while the trial is ongoing? Let’s examine the applicable legal conditions.

CRIMES COVERED BY LAW 1443 IN BOLIVIA

It is important to clarify that the stricter measures under Law No. 1443 do not apply to all sexual offenses. The law focuses solely on the following crimes:

Femicide
Infanticide
Rape of an infant, child, or adolescent

The law does not extend its enhanced restrictions to other offenses such as rape of adults, sexual abuse, statutory rape (estupro), or sexual harassment.

WHAT ARE PERSONAL PRECAUTIONARY MEASURES?

These are measures imposed on a defendant to ensure their presence during the criminal process and to prevent interference with the investigation. Examples include:

Economic or sworn bail
Travel ban
No-contact order with the victim
House arrest
Preventive detention (the most severe measure)

Typically, a judge can choose a less restrictive measure than preventive detention. However, for the crimes listed above, Law No. 1443 establishes far more rigid rules.

WHAT DOES LAW 1443 SAY ABOUT PREVENTIVE DETENTION IN BOLIVIA?

For cases involving femicide, infanticide, and child rape, the judge:

Cannot replace preventive detention with lesser measures, except in exceptional and well-justified cases (Art. 231 bis, paragraph 2).
Is not required to justify the duration of preventive detention as is the case with other offenses (Art. 233 of the Criminal Procedure Code).
Cannot order release simply because procedural deadlines have expired (Art. 239 CPP).

If the defendant claims illness, release will only be granted in cases of terminal illness, certified by the Institute of Forensic Investigations (IDIF).

CAN SOMEONE ACCUSED OF FEMICIDE OR INFANTICIDE BE RELEASED IN BOLIVIA?

In principle, no.
Anyone accused of femicide, infanticide, or child rape is expected to remain in preventive detention throughout the criminal process.

Exceptions exist but must be strictly justified and supported by a judicial ruling. The law aims to protect victims, prevent flight or retaliation, and ensure a fair and effective process. However, the rigid and automatic nature of the law could, in some cases, lead to injustices.

Law No. 1443 is a strict and inflexible regulation intended to protect victims of particularly heinous crimes like femicide, infanticide, and child rape. By tightening precautionary measures, it reaffirms the Bolivian State’s commitment to fighting impunity and ensuring justice for the most vulnerable. Nonetheless, it is essential that such a powerful law is applied judiciously and not misused in the justice system.

At Rigoberto Paredes & Associates, our team specializes in criminal law. Contact us for confidential and professional legal assistance.

Frequently Asked Questions (FAQs)

What happens if the accused proves they are ill in cases of femicide, infanticide, or child rape?

Only if the illness is terminal and certified by the IDIF can preventive detention be lifted.

Can the decision to keep someone in detention be appealed?

Yes, but there must be sufficient legal grounds to justify replacing preventive detention, which is extremely difficult in these cases.

Is there a maximum duration for preventive detention?

No. In cases of femicide, infanticide, and child rape, the judge is not required to justify the duration, meaning detention may last until the final ruling.

Is the legal treatment different if the victim is an adult?

Yes. The strictest rules of Law No. 1443 apply only if the victim is an infant, child, or adolescent.

What happens if the defendant is acquitted?

They must be released immediately. However, the trial may have already resulted in extended preventive detention.

Bibliography

Asamblea Legislativa Plurinacional de Bolivia. (2013). Law No. 370 on Migration. Official Gazette of the Plurinational State of Bolivia
Asamblea Legislativa Plurinacional de Bolivia. (2014). Supreme Decree No. 1923, Regulation to Law No. 370
Criminal Procedure Code of the Plurinational State of Bolivia
Law No. 1443 amending the Criminal Procedure Code for serious crimes

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.