The Plurinational Constitutional Tribunal ("TCP", for its acronym in Spanish) of the Plurinational State of Bolivia declared trials in absentia, established in corruption proceedings, unconstitutional. Therefore, now, no person may be tried and sentenced in his absence.
Constitutional Ruling No. 0012/2021 of March 11, 2021provides, in its operative part, the unconstitutionality of Articles 91 BIS and 344 BIS of the Code of Criminal Procedure, introduced by Article 36 of Law N°004, regarding criminal proceedings in absentia”, and urged the Legislative Assembly to incorporate the reforms resulting from the ruling into the current legal system.
The Minister of Justice, Iván Lima, declared that the elimination of the trial in absentia has a very important implication in the judicial system, since in the absence of the person being judged, the latter will not be judged until he/she is extradited.
Specifically, the articles of the Criminal Procedure Code that have been declared unconstitutional by the TCP are the following:
Article 91 Bis. (Prosecution of Trial in Default).
When a defendant is declared in absentia in criminal proceedings for the crimes established in Articles 24, 25 and following of the Law against Corruption, Illicit Enrichment and Investigation of Fortunes, the proceedings shall not be suspended with respect to the defendant. The State shall appoint a public defender and the accused shall be tried in absentia, together with the other accused present.
Article 344 Bis. (Procedure for Oral Trial in Absentia for Corruption Crimes).
In the event of the failure of the accused to appear for corruption offenses, he/she shall be declared in absentia and a new date shall be set for the oral trial hearing to be held on his absence, with the participation of his public defender, in which case the accused shall be notified of this resolution by means of edicts.