STATUTE OF LIMITATIONS ON CRIMINAL SENTENCES IN BOLIVIA

TIMEFRAMES FOR THE STATUTE OF LIMITATIONS ON CRIMINAL SENTENCES IN BOLIVIA

Under Bolivia’s Penal Code, the statute of limitations period depends on the length of the sentence imposed. The current legal timeframes are as follows:

• Sentences exceeding 6 years of imprisonment: 10 years
• Sentences between 2 and 6 years of imprisonment: 7 years
• Other custodial sentences: 5 years

The limitation period begins either from the date of notification of the final judgment or from the point at which the convicted person breaches their sentence, such as abandoning incarceration after beginning to serve time.

EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON SENTENCES IN BOLIVIA

Certain crimes are not subject to statutes of limitation, meaning the State retains the right to enforce penalties indefinitely. In Bolivia, the following crimes are imprescriptible:

• Crimes against humanity (e.g., genocide, enforced disappearance, torture)
• Corruption offenses committed by public officials that harm the State’s assets

CONSTITUTIONAL FOUNDATIONS OF THE STATUTE OF LIMITATIONS ON SENTENCES IN BOLIVIA

The Bolivian Constitution supports the statute of limitations on sentences as a guarantee of due process and legal certainty. Constitutional jurisprudence has affirmed that:

• The State cannot indefinitely delay the enforcement of a sentence without infringing fundamental rights.
• Criminal law must balance the need for punishment with the protection of individual rights.
• The statute of limitations cannot be arbitrarily denied or postponed due to State inaction.

THE RIGHT TO A REASONABLE PERIOD FOR SENTENCE ENFORCEMENT

Convicted individuals have the right to have their sentence enforced within a reasonable timeframe. If the State fails to act within the prescribed period, it forfeits the right to enforce the sentence. Unjustified delays add to the punishment by prolonging uncertainty, which severely impacts the convicted individual’s life.

RELEVANT CASE LAW ON THE STATUTE OF LIMITATIONS ON SENTENCES

The Bolivian Constitutional Court has repeatedly affirmed in its rulings that the statute of limitations on criminal sentences is a fundamental right. It is based on the prohibition against subjecting individuals to indefinite uncertainty regarding the enforcement of punishment.

INTERRUPTION OF THE STATUTE OF LIMITATIONS ON SENTENCES

There are circumstances in which the limitation period may be interrupted, resetting the timeframe. The most common cause of interruption is the commission of a new crime by the convicted individual. If no interruptive event occurs, the sentence is extinguished once the statutory period elapses.

PRACTICAL APPLICATION OF THE STATUTE OF LIMITATIONS ON SENTENCES

Once the limitation period has passed without the sentence being executed, the convicted individual or their legal counsel may file an exception for the statute of limitations before a criminal enforcement judge. If granted, the judge will issue a resolution extinguishing the sentence and ordering the case to be closed.

Practical Example

Imagine a person was convicted in 2010 to 6 years in prison. If the sentence was never enforced within the 10-year limitation period, by 2020 the penalty would have expired. In this scenario, the individual could request the extinction of the sentence and the closing of the case.

CONCLUSION

The statute of limitations on criminal sentences is a fundamental principle in Bolivia’s criminal justice system. It protects legal certainty and prevents indefinite punishment of convicted individuals. However, understanding the exceptions and legal timeframes is key to ensuring its proper application.