THE ABBREVIATED PROCEDURE IN BOLIVIA: DEFINITION, REQUIREMENTS AND CRITICISMS

WHEN CAN AN ABBREVIATED PROCEDURE BE REQUESTED?

The abbreviated procedure can be initiated during the preparatory phase of the criminal process, starting from the moment the formal charge is issued. It may also be applied during the oral trial hearing, provided that a verdict has not yet been delivered by the judge or tribunal. However, it is not permitted during the preliminary phase or during a restricted appeal phase.

REQUIREMENTS FOR APPLYING THE ABBREVIATED PROCEDURE

To obtain judicial authorization for the abbreviated procedure, the following legal requirements must be met:

1. Existence of the criminal act: It must be demonstrated that the crime actually occurred.
2. Establishment of the defendant’s involvement: There must be sufficient evidence linking the defendant to the crime.
3. Voluntary waiver of the oral trial: The defendant must explicitly waive the right to a public oral trial.
4. Free and voluntary admission of guilt: The defendant must admit their participation or authorship of the offense freely and without coercion.
5. Consent to the proposed sentence: The defendant must agree to the sentence proposed, which cannot exceed what the prosecutor has requested.
6. Justification of procedural suitability by the prosecutor: The Public Prosecutor’s Office must justify the convenience of applying the abbreviated procedure, outlining its procedural and economic advantages.

KEY STAGES OF THE ABBREVIATED PROCEDURE IN BOLIVIA

The procedure develops through the following stages:

1. Request for the procedure: The Public Prosecutor or the defendant formally requests the application of the abbreviated procedure.
2. Meeting between the prosecutor and the defendant: The sentence to be proposed before the judge is agreed upon.
3. Abbreviated procedure hearing: The judge verifies that all requirements are met and confirms the defendant’s consent.
4. Issuance of the judgment: If everything is in order, the judge delivers the sentence during the same hearing. This decision is immediately enforceable and final, as the right to appeal has already been waived.

CRITICISMS OF THE ABBREVIATED PROCEDURE

The abbreviated procedure has generated notable criticism within Bolivian legal doctrine and practice, particularly regarding how the guilty plea is obtained. Below are some of the main concerns:

• Impact on the presumption of innocence: Critics argue that the plea may sometimes be driven by a desire to avoid a harsher sentence, potentially undermining the fundamental right to the presumption of innocence.
• Possibility of retraction: If the abbreviated procedure does not conclude successfully and the defendant chooses to proceed with a full trial, any documents or statements obtained during the abbreviated process cannot be used against them. This safeguard protects defendants from undue pressure.

WHAT SENTENCE IS APPLIED IN THE ABBREVIATED PROCEDURE?

The sentence applied is the one agreed upon by the prosecutor and the defendant, with judicial approval. It is important to note that the judge cannot impose a harsher penalty than what the prosecutor has requested, thus ensuring legal certainty for the defendant.

STAGES WHERE THE ABBREVIATED PROCEDURE MAY BE ACTIVATED

The abbreviated procedure cannot be requested during the preliminary phase. However, it becomes available during the preparatory phase once the formal charge is filed. It can also be requested during the oral trial, provided it is before the judge or tribunal has delivered a sentence.

CONCLUSION

The abbreviated procedure offers an efficient and expedited path for resolving criminal cases, promoting procedural economy. However, its implementation must respect the fundamental rights of the defendant, particularly the presumption of innocence and the right to a defense. This mechanism allows defendants to access reduced sentences, while the judiciary benefits from a lighter caseload and faster case resolution.