CLASSIFICATION OF SANCTIONS UNDER CRIMINAL LAW
In the Bolivian criminal justice system, sanctions are categorized into two main groups:
- Penalties serve both corrective and preventive functions—either general (aimed at society) or special (focused on the individual offender).
- Security measures are applied when the offender’s level of dangerousness requires additional protection for society beyond the standard criminal penalty.
PRINCIPAL PENALTIES UNDER BOLIVIAN CRIMINAL LAW
Current legislation establishes four types of principal penalties: imprisonment (“presidio”), confinement (“reclusión”), community service, and fine-based penalties (“días-multa”).
IMPRISONMENT: PENALTY FOR SERIOUS CRIMES
Imprisonment is reserved for the most serious offenses. The duration ranges from one year to a maximum of thirty years. This custodial sentence is typically applied in cases such as aggravated homicide or kidnapping. In instances of multiple offenses committed by the same individual, the total sentence cannot exceed thirty years, even if the combined penalties would do so.
Practical example: If a person is convicted of aggravated robbery and attempted homicide, both sentences may be added up, but the total cannot exceed the legal maximum of thirty years.
CONFINEMENT: PENALTY FOR LESS SEVERE OFFENSES
COMMUNITY SERVICE: NON-CUSTODIAL ALTERNATIVE
This penalty requires the offender to perform work that benefits the community. It must not affect the individual’s dignity or interfere with their normal working hours. The schedule is set by the judge, and the work is performed at public institutions or nonprofit organizations. The maximum duration is 48 weeks, with weekly hours ranging between three and sixteen.
Community service is only imposed if the offender consents. Otherwise, it is converted into a custodial sentence, where one day of imprisonment is equivalent to two weekly hours of community service.
Practical example: A person convicted of minor property damage agrees to clean a public hospital for 12 hours per week over 24 weeks, instead of serving time in jail.
FINE-BASED PENALTIES (“DÍAS-MULTA”): PROPORTIONAL ECONOMIC SANCTION
This penalty involves a monetary payment calculated based on the offender’s income, work capacity, and family obligations. The fine is imposed in “fine-days,” ranging from a minimum of one to a maximum of five hundred. Each fine-day corresponds to a portion of the offender’s daily income.
The total amount may not exceed twenty-five national monthly minimum wages. If the offender does not provide sufficient financial information, the judge may estimate it based on available data.
Practical example: If someone earns Bs 100 per day and is sentenced to 50 fine-days, they must pay Bs 5,000, unless the court authorizes installment payments or community service as an alternative.
PENALTY CONVERSION
If the offender fails to pay the imposed fine, conversion mechanisms can be applied. The judge may allow the economic penalty to be fulfilled through community service or installment payments, depending on the offender’s financial situation. The equivalence is one day of confinement for every three fine-days, or one workday (four hours) for each fine-day.
This flexibility allows the penalty to be adapted to the offender’s socioeconomic conditions, promoting restorative justice and proportionality in sentencing.
ACCESSORY PENALTY: DISQUALIFICATION
In addition to principal penalties, Bolivian criminal law contemplates disqualification as an accessory penalty. This sanction prevents the convicted individual from exercising public duties or specific professional activities, particularly if those functions were abused in the commission of the crime. It is especially relevant in cases of corruption.
Disqualification is applied after the main sentence is served and may last between six months and ten years, depending on the severity of the offense and the degree of culpability. It is registered in official records, and any violation of this penalty may result in a new prison sentence.
Practical example: A public official convicted of embezzlement and sentenced to three years of confinement may also be disqualified from holding any public office for seven years.
In summary, the penalty system in Bolivia offers various alternatives that allow judges to tailor the sanction according to the gravity of the offense and the personal circumstances of the convicted individual. The goal is not only to punish but also to prevent recidivism and encourage social reintegration. Alternative sanctions such as community service and fine-based penalties reflect a shift toward a more humanistic approach in criminal law, placing the individual at the center of the justice system.
Our law firm offers specialized legal advice in criminal law, including penalties and alternative measures. If you are facing a similar legal situation, contact us today for expert guidance.
Frequently Asked Questions (FAQs)
What is the difference between imprisonment and confinement?
Imprisonment is reserved for more serious offenses and can last up to 30 years, while confinement applies to less serious crimes and has a maximum duration of 8 years.
Can I serve my sentence through community service instead of going to prison?
Yes, if authorized by the judge and with your consent, minor sentences can be served through community service.
What happens if I cannot pay a court-imposed fine?
You may be allowed to pay in installments, perform community service, or, as a last resort, serve a custodial sentence.
What does disqualification as a penalty mean?
It is a ban on holding certain jobs or public positions, especially if they were misused to commit the crime.
Can disqualification be reduced?
Yes, if at least two-thirds of the penalty period has been served and the offender demonstrates rehabilitation and reparation of damages.
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.
