RECIDIVISM AND SECURITY MEASURES UNDER BOLIVIAN CRIMINAL LAW

WHAT IS RECIDIVISM IN BOLIVIAN CRIMINAL LAW?

A person is considered a recidivist if, having been convicted by a final judgment in Bolivia or abroad, they commit a new offense within five years from the completion of the first sentence.

This period functions as a “time barrier” that, if surpassed without new offenses, prevents the person from being considered a recidivist.

Practical example:
If a citizen was convicted of theft in 2018 and completes their sentence in 2020, and later commits a new offense in 2024, the judge will consider that less than five years have passed, so the new act will be classified as recidivism. On the other hand, if the new offense is committed after 2025, this circumstance would no longer apply.

LEGAL EFFECTS OF CRIMINAL RECIDIVISM

When recidivism is proven, the judge may impose a more severe sanction than the one established for the offense in question.

Furthermore, recidivism directly affects the judicial assessment of the offender’s dangerousness, which may result in additional restrictions or the imposition of complementary security measures.

These measures are more preventive than punitive and seek to reduce the risk of the person reoffending. They may include conduct monitoring, the obligation to report periodically to an authority, or in more serious cases, institutionalization in specialized centers.

DIFFERENCE BETWEEN RECIDIVISM AND HABITUAL CRIMINAL BEHAVIOR

It is important to clarify that the figure of the habitual or professional offender has been repealed in Bolivian legislation, as it led to disproportionate sanctions and was even contrary to the principle of humane treatment in sentencing.

Therefore, only recidivism remains in force as an element that can influence the increase of the sentence or the adoption of security measures.

Practical example:

• A person who commits a simple robbery for the first time is not a recidivist.
• If, after serving their sentence, they commit the same offense again within five years, they will be considered a recidivist.
• However, if they commit three or more different offenses within that same period, the judge cannot label them as a “habitual offender,” because that figure no longer exists in modern Bolivian criminal law.

SECURITY MEASURES FOR RECIDIVISTS

The law authorizes the judge to impose additional security measures along with the corresponding sentence for the new offense. These measures are not intended to punish the offender again but to reduce the likelihood of future recidivism.

Among the most common are:

• Rehabilitation or detoxification treatments, in cases of offenses related to alcohol or drug use.
• Periodic judicial supervision, to evaluate the offender’s conduct after regaining freedom.
• Prohibition from approaching or communicating with certain individuals or visiting places related to the crime.

Practical example:
If a person reoffends in cases of domestic violence, the judge may impose, in addition to the main penalty, a measure prohibiting contact with the victim and the obligation to attend reeducation programs.

REHABILITATION AND CRIMINAL PREVENTION IN CASES OF RECIDIVISM

Recidivism should not be understood as a permanent condemnation of the offender’s past, but rather as a warning from the criminal justice system in the face of repeated conduct.

The objective is not only to impose harsher penalties, but to promote social reintegration and prevent the repetition of the offense. Therefore, security measures should be oriented toward rehabilitation, not the indiscriminate intensification of penalties.

In summary, recidivism in Bolivian Criminal Law seeks to balance social protection with the possibility of the offender’s rehabilitation. The judge, when assessing this circumstance, must consider both the seriousness of the new act and the offender’s efforts toward reintegration. Complementary security measures act as preventive tools, ensuring that the State’s response is proportional, humane, and effective.