IS WHATSAPP NOTIFICATION LEGAL IN BOLIVIA?
Although non-traditional, WhatsApp notifications have been deemed admissible under Bolivian case law, notably in Constitutional Ruling 050/2024. This validity, however, depends on meeting specific requirements that ensure respect for due process and the right to defense. This method is particularly useful in scenarios where procedural efficiency and geographic distance hinder personal notifications.
LEGAL REQUIREMENTS FOR WHATSAPP JUDICIAL NOTIFICATIONS IN BOLIVIA
The Constitutional Court has reiterated that notifications via electronic means, such as WhatsApp, are valid if the following conditions are met:
REASONABLE PRIOR NOTICE
The notification must be sent with enough time for the defendant to prepare a legal defense. While no fixed timeframe is defined, the notice period must be reasonable depending on the nature of the judicial act being notified.
VERIFICATION OF ACTUAL RECEIPT
It is essential to prove that the notified party actually received the message. In the case analyzed in Constitutional Ruling 050/2024, the notification was deemed invalid because it had only one checkmark in the chat, meaning the message was not delivered to the recipient.
EVIDENCE OF RECEIPT
The judicial authority must have reliable evidence, such as a screenshot showing a double checkmark—preferably blue—indicating the message was read. This evidentiary support is crucial to uphold the right to defense.
USE OF THE CORRECT AND REGISTERED NUMBER
The notification must be sent to the phone number declared by the individual during their initial procedural appearance. Any change to this number must be formally reported and updated in the case records.
IMPOSSIBILITY OF PHYSICAL SERVICE
In proceedings such as the constitutional action for liberty (acción de libertad), electronic notification may be justified when considerable distance prevents timely personal notification.
BOLIVIAN CASE LAW ON ELECTRONIC NOTIFICATIONS
Constitutional Ruling 050/2024 is supported by earlier rulings such as SCP 0325/2018-S2 and SCP 0642/2021-S3, which clearly defined the admissibility criteria for electronic notifications. The core principle is that criminal proceedings must ensure real and effective awareness of judicial decisions, focusing on substance over formality.
This legal approach confirms that the decisive factor is not the form of delivery, but whether the intended recipient had actual access to the information being communicated.
LEGAL CONSEQUENCES OF DEFECTIVE WHATSAPP NOTIFICATIONS IN BOLIVIA
A WhatsApp notification without proven receipt may result in serious legal consequences, such as:
- Annulment of the procedural act
- Rescheduling of hearings
- Violation of the right to defense, which could lead to constitutional protection measures
Do you have questions about whether a WhatsApp notification was properly conducted in your case? Contact us to receive specialized legal advice in accordance with the latest rulings from the Constitutional Court of Bolivia.
Frequently Asked Questions (FAQs)
Is WhatsApp notification valid in Bolivia?
Yes, but only when it complies with the requirements set forth by the Constitutional Court, ensuring due process and the right to defense.
What proof is required to confirm the message was received?
A screenshot with a double checkmark (preferably blue) or any other verifiable evidence proving the message was read.
What if the message was sent but not delivered?
If there’s no confirmation of delivery or reading, the notification may be considered invalid and subject to legal challenge.
Which number should be used for notification?
The phone number provided by the individual during their initial court appearance must be used. Any updates must be formally reported.
Who validates the legality of a WhatsApp notification?
The competent judicial authority, based on compliance with legal requirements and constitutional jurisprudence.
- Tribunal Constitucional Plurinacional. (2024). Sentencia Constitucional Plurinacional 050/2024.
- Tribunal Constitucional Plurinacional. (2021). SCP 0642/2021-S3 de 20 de septiembre.
- Tribunal Constitucional Plurinacional. (2018). SCP 0325/2018-S2 de 9 de julio.
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.
