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BOLIVIA (EP)

Law N ° 548. Girl, Boy and Girl Code
Teen

Legislative power

Its purpose is to recognize, develop and regulate the exercise of the rights of the girl, boy and
adolescent, implementing a Comprehensive Plurinational System for Girls, Boys and Adolescents,
for the guarantee of their rights through the co-responsibility of the State, the family, and the
society.

05/28/18

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PLURINATIONAL STATE OF BOLIVIA
PLURINATIONAL LEGISLATIVE ASSEMBLY

CODE
GIRL, BOY AND ADOLESCENT
LAW No. 548
OF JULY 17, 2014

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PRESENTATION

The Chamber of Senators and the Chamber of Deputies present the Code for Girls, Boys and
Adolescent, Law No. 548 of July 17, 2014.
The purpose of the Code is to recognize, develop and regulate the exercise of the rights of the
girl, boy and adolescent, implementing a Comprehensive Plurinational System for Girls, Boys and
Adolescent, for the guarantee of these rights through the co-responsibility of the State in
all levels, family and society.
The challenge is to guarantee that every Bolivian girl, boy and adolescent can exercise fully and
effectively their rights, so that they can be fully developed and demand compliance
thereof.
This new legal instrument is based on eleven principles: best interests, absolute priority,
equality and non-discrimination, gender equity, participation, cultural diversity, development
comprehensive, co-responsibility, role of the family, progressive exercise of rights and specialty.
The Code is the sum of the joint work of the Legislative Assembly with institutions
of the State responsible for promoting and enforcing the rights of girls, boys and
adolescents from the central level, through the departmental level, to the municipal level, the Organ
Judicial, the Supreme Electoral Tribunal, social movements, social organizations,
international cooperation, non-governmental organizations and the active participation of
girls, boys and adolescents.
The Code is part of the international instruments that were ratified by the State
Bolivian, but it is also based on an analysis of the real situation and the day-to-day challenges of
Bolivian childhood, childhood and adolescence, within the framework of our culture and ancestral values.
Now it corresponds to all State institutions, social organizations, institutions
public and private, international cooperation, non-governmental organizations and families
make this Code a reality to contribute to the Living Well of all girls,
Bolivian children and adolescents.

Sen. Eugenio Rojas Apaza
President
Senate Chamber

Dip. Marcelo Elío Chávez
President
Chamber of Deputies

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CODE FOR GIRLS, BOYS AND ADOLESCENTS

Index by articles

Articles
General disposition ................................................ ............................................... 1 to 15
Book I
Rights, guarantees, duties and protection
Title I
Rights and duties ............................................... .................................................. 16 to 158
Chapter I
Right to life, health and the environment ...................................... ............... 16 to 34
Right to life .............................................. .................................................. ........ 16 to17
Right to health .............................................. .................................................. .... 18 to 21
Right to sexual and reproductive health ........................................... ....................... 22 to 28
Rights of girls, boys and adolescents with disabilities ............. 29 to 32
Right to the environment .............................................. ........................................ 33 to 34
Chapter II
Right to family .............................................. .................................................. 35 to 107
Section I - General provisions ............................................. .......................... 35 to 50
Section II - Surrogate Family ............................................. .................................... 51 to 52
Section III - Circumstantial foster care ............................................. ..................... 53 to 56
Section IV - Guarding ............................................. .............................................. 57 to 65
Section V - Guardianship ............................................. ................................................ 66 a 79
Section VI - Adoption .............................................. .......................................... 80 to 105
Subsection I - General provisions ............................................. ................... 80 to 96
Subsection II - National and international adoption ........................................... ... 97 to 105
Section VII - Rights and guarantees of the girl, boy and adolescent
with mother or father deprived of liberty ........................................... ..................... 106 to 107
Chapter III
Right to nationality, identity and affiliation .......................................... .......... 108 to 114
Chapter IV
Right to education, information, culture and recreation ..................................... 115 to 121
Chapter V
Right to have an opinion, participate and ask ........................................... ........................... 122 to 125
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Chapter VI
Right to protection of the girl, boy and adolescent in relation to work
Section I - Special Protection

126 to 129

Section II - Protection in labor activity and work

130 to 139

Section III - Violations of the right to protection in relation to work

140 to 140

Chapter VII
Right to freedom, dignity and image .......................................... .................... 141 to 144
Chapter VIII
Right to humane treatment and protection against violence .......................... 145 to 157
Chapter IX
Duties of the girl, boy and adolescent .......................................... ....................... 158 to 158
Title II
Plurinational system for the comprehensive protection of girls, boys and adolescents .......... 159 to 192
Chapter I
General disposition ................................................ ........................................ 159 to 162
Chapter II
Policies, programs, measures, care entities and sanctions ......................... 163 to 177
Section I - Policies .............................................. ............................................. 163 to 165
Section II - Protection Programs ............................................ .................... 166 to 167
Section III - Protective measures ............................................ ...................... 168 to 170
Section IV - Service Entities of the Protection System ........................... 171 to 175
Section V - Sanctions .............................................. ........................................ 176 to 176
Section VI - Defense actions applied against
violation of the rights of girls, boys and adolescents ....................................... 177 a 177
Chapter III
Distribution of responsibilities for the management of the
Protection system for children and adolescents ........................................ ... 178 to 192
Section I - Central level ............................................. ........................................ 178 to 181
Section II - Departmental level ............................................. ............................ 182 to 183
Section III - Municipal level ............................................. ................................. 184 to 188
Section IV - Peasant native indigenous level ........................................... .... 189 to 189
Section VI - Committees of girls, boys and adolescents ........................................ 190 to 192
Book II
Jurisdictional protection ................................................ ........................................ 193 to 258
Title I
Legal protection ................................................ ................................................. 193 to 233
Chapter I
General disposition ................................................ ........................................ 193 to 197
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Section I - Jurisdiction and jurisdiction ............................................ ................... 198 to 199
Section II - Public Courts for Children and Adolescents ................................. 200 to 206
Chapter II
Jurisdiction of public courts in matters of childhood and adolescence ................ 207 to 208
Chapter III
Common procedure ................................................ .......................................... 209 to 233
Title II
Special procedures ................................................ ..................................... 234 to 258
Chapter I
Judicial affiliation ................................................ .................................................. .. 234 to 238
Chapter II
Conversion from foster care to adoption ............................................. .......................... 239 to 240
Chapter III
Ordinary guardianship ................................................ .................................................. .... 241 to 249
Chapter IV
Adoption ................................................. .................................................. ........... 250 to 255
Chapter V
Administrative and judicial provisions for international adoption .............. 256 to 258
Book III
Penal system for adolescents .............................................. .......................... 259 to 348
Title I
General disposition ................................................ ........................................ 259 to 269
Chapter I
Criminal system, liability and guarantees ............................................ ................ 259 to 266
Chapter II
Area of ​application ............................................... ............................................. 267 to 269
Title II
Competences, powers and functions of the members of the
penal system for adolescents .............................................. ............................. 270 to 282
Chapter I
General obligations ................................................ ......................................... 270 to 271
Chapter II
Ministry of Justice ............................................... ............................................. 272 ​to 272
Chapter III
Jurisdiction and jurisdiction ............................................... .................................... 273 to 274
Chapter IV
Bolivian Public Ministry and Police ............................................. ......................... 275 to 276
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Chapter V
Departmental autonomous governments and attributions of the departmental technical instance
of social policy on criminal responsibility for adolescents ......................... 277 to 278
Chapter VI
Care entities and programs of the penal system
Section I - Entities of attention of the penal system ......................................... 279 to 281
Section II - Programs of the penal system ........................................... ............... 282 to 282
Title III
Criminal proceedings of the adolescent .............................................. ............................... 283 to 315
Chapter I
Criminal action and participation .............................................. ................................... 283 to 286
Chapter II
Apprehension, precautionary measures and procedural dangers .......................................... 287 to 291
Chapter III
Investigation ................................................. .................................................. ...... 292 to 295
Chapter IV
Completion of the investigation .............................................. ................................ 296 to 308
Section I - Request and judicial resolution ........................................... ....... 296 to 297
Section II - Referral .............................................. ......................................... 298 to 300
Section III - Alternative exits ............................................. .......................... 301 to 303
Section IV - Other conclusive requirements ............................................ ....... 304 to 308
Chapter V
Judgment ................................................. .................................................. ................. 309 to 312
Chapter VI
Resources ................................................. .................................................. ............ 313 to 315
Title IV
Restorative Justice Mechanisms .............................................. ........................ 316 to 348
Single chapter
General disposition ................................................ ........................................ 316 to 321
Section I - Socio-educational measures ........................................... ..................... 322 to 325
Section II - Definition of measures ........................................... .................... 326 to 331
Section III - Specialized Centers ............................................. ..................... 332 to 339
Section IV - Execution of socio-educational measures .................................... 340 to 345
Section V - Measurement control ........................................... ........................ 346 to 347
Section VI - Qualification and repair of damages .......................................... ...... 348 to 348
Additional provisions ................................................ ................................... (1st to 4th)
Transitory dispositions ................................................ .................................... (1st to 13th)
Repeal and repeal provisions .............................................. .................. (1st to 2nd)
Final provisions ................................................ ........................................... (1st to 2nd)
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LAW No. 548
OF JULY 17, 2014
ÁLVARO GARCÍA LINERA
PRESIDENT IN EXERCISE OF THE PLURINATIONAL STATE OF BOLIVIA
Because, the Plurinational Legislative Assembly,
has sanctioned the following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECREE:

CODE FOR GIRLS, BOYS AND ADOLESCENTS

PRELIMINARY TITLE
SINGLE CHAPTER
GENERAL DISPOSITION
ARTICLE 1. (PURPOSE). The purpose of this Code is to recognize, develop and
regulate the exercise of the rights of the girl, boy and adolescent, implementing a system
Comprehensive Plurinational Association for Girls, Boys and Adolescents, to guarantee these rights through the
co-responsibility of the State at all levels, the family and society.
ARTICLE 2. (PURPOSE). The purpose of this Code is to guarantee the girl, boy and
adolescent, the full and effective exercise of their rights, for their integral development and demand the
fulfillment of their duties.
ARTICLE 3. (COMPETENTIAL FRAMEWORK). In application of Paragraph II of Article 297 of
the Political Constitution of the State, the exclusive competence of substantive codification and
adjective in the matter of girl, boy and adolescent, at the central level of the State.
ARTICLE 4. (SCOPE OF APPLICATION).
I. The provisions of this Code are of public order and of preferential application to
favor of all girls, boys and adolescents who are in the national territory.
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II. In no case will the rights of girls, boys or adolescents be restricted,
taking as an argument the distinction of the stages of development.
ARTICLE 5. (SUBJECT TO RIGHTS). They are subject to the rights of this Code, the
human beings up to eighteen (18) years of age, according to the following stages of
growth:
a) Childhood, from conception to twelve (12) years of age; Y
b)

Adolescence, from twelve (12) years to eighteen (18) years of age.

ARTICLE 6. (EARLY CHILDHOOD AND SCHOOL CHILDHOOD). It is considered first
childhood to girls and boys from birth to five (5) years, and childhood
school to girls and boys between the ages of six (6) to twelve (12) years.
ARTICLE 7. (PRESUMPTION OF MINORITY OF AGE). For the protection of the
girl, boy or adolescent, it will be presumed that they are under eighteen (18) years, as long as it is not proven
otherwise, by means of identification document or by other means recognized by the State
Plurinational.
ARTICLE 8. (GUARANTEES).
I. Girls, boys and adolescents as subjects of rights, enjoy the guarantees
constitutional laws and those established in this Code and the laws.
II. It is a primary obligation of the State at all levels, to guarantee the full exercise of
the rights of girls, boys and adolescents.
III. It is the function and obligation of the family and society to ensure that girls, boys and
opportunities that guarantee their integral development in conditions of
equality and equity.
ARTICLE 9. (INTERPRETATION). The rules of this Code must be interpreted ensuring that
the best interests of the girl, boy and adolescent, in accordance with the Political Constitution of the State
and International Treaties on human rights, when these are more favorable.
ARTICLE 10. (FREE). The judicial processes or administrative processes in which
girls, boys or adolescents are involved, they will be free of charge for them.
ARTICLE 11. (SPECIALIZED TREATMENT). State institutions in all
its levels, involved in the protection of the rights of the girl, boy and adolescent, will guarantee
specialized treatment in favor of girls, boys and adolescents, for which they will develop
training, specialization, updating and institutionalization programs for its operators.

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ARTICLE 12. (PRINCIPLES). The principles of this Code are:
a) Higher Interest. By which is understood any situation that favors the
integral development of the girl, boy and adolescent in the enjoyment of their rights and
guarantee. To determine the best interests of girls, boys and adolescents
In a specific situation, their opinion and that of the mother, father or
both parents, guardian or guardian, guardian or guardian; the need for balance
between your rights, guarantees and duties; your specific condition as a person
Developing; the need to balance their rights and guarantees, and the
rights of other people;
b) Absolute Priority. For which girls, boys and adolescents will be
object of preferential attention and protection, in the formulation and execution of
public policies, resource allocation, access to services
public, in the provision of aid and attention in situations of vulnerability,
and in the protection and aid in any circumstance, obliging all the
co-responsible for the effective fulfillment of the rights and guarantees of
girls, boys and adolescents;
c) Equality and non-discrimination. Whereby girls, boys and adolescents
are free and equal with dignity and rights, and will not be discriminated against by
no cause;
d) Gender Equity. Whereby girls and adolescents enjoy the
same rights and access to the same opportunities as children and
teenagers;
e) Participation. For which girls, boys and adolescents will participate freely,
actively and fully in family, community, social, school, scientific,
cultural, sports and recreational. They will be heard and taken into account in
areas of their social life and will be able to give their opinion on matters in which they have
interest;
f) Cultural Diversity. By which girls, boys and adolescents are
recognizes and respects their identity and belonging to a culture;
g) Comprehensive Development. By which the harmonious development of the
physical, cognitive, affective, emotional, spiritual and social capacities of
girls, boys and adolescents, taking into account their multiple interrelations
and the connection of these with the circumstances that have to do with his life;
h) Co-responsibility. Whereby the State at all levels, families and
society, are jointly responsible for ensuring that girls, boys and adolescents
the exercise, enjoyment and full respect of their rights;
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i) Role of the Family. By which the fundamental and inalienable role is recognized
of the family as a natural environment to guarantee the comprehensive protection of girls,
children and adolescents, and their primary and preponderant role in education
and their training. The State at all levels must ensure
policies, programs and appropriate assistance so that the family can assume
adequately your responsibilities;
j) Progressive Exercise of Rights. Whereby girls are guaranteed,
children and adolescents, the personal exercise of their rights, in a
progressive and according to its evolutionary capacity. In the same way you will be required
the fulfillment of their duties; Y
k) Specialty. The public servants who have competences in the
this Code, they must have the necessary and specific knowledge
to guarantee the exercise of the rights of girls, boys and adolescents.
ARTICLE 13. (COMPREHENSIVE PLURINATIONAL SYSTEM OF THE GIRL, BOY AND
TEEN).
I. It is made up of the Plurinational System for the Comprehensive Protection of Girls, Boys and
Adolescent, and the Penal System for Adolescents; is the articulated set of organs,
instances, institutions, organizations, entities and services that aim to
It is essential to guarantee the full enjoyment of the rights of girls, boys and adolescents.
For the fulfillment of the purposes of the Comprehensive Plurinational System, this Code
establishes the guidelines of the Plurinational Plan, Departmental and Municipal Plans
of girls, boys and adolescents, and their respective Programs, within the framework of the Policy
Public, without prejudice to other programs being created by the competent authorities.
II. The System works at all levels of the State, through intersectoral actions
of public interest, developed by entities of the public sector and the private sector.
ARTICLE 14. (GOVERNING BODY). The public entity head of the sector is the Ministry of
Justice.
ARTICLE 15. (ASSIGNMENT OF RESOURCES).
I. The State at its central level will formulate the Plurinational Plan for Girls, Boys and
Adolescent, developing the Prevention and Social Protection Program for Girls,
Children and Adolescents under fourteen (14) years of age in work activity, the Program
Comprehensive Fight Against Sexual Violence against Girls, Boys and Adolescents, and others, to
which will allocate the resources that are sufficient according to the availability of the
General Treasury of the Nation.
II. The Departmental and Municipal Autonomous Territorial Entities will execute the
Departmental Program for Girls, Boys and Adolescents that includes the operation of
Departmental Technical Instances of Social Policy and their programmatic activities;
and the Municipal Program for Girls, Boys and Adolescents, which includes the operation of the
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Ombudsman for Children and Adolescents and its programmatic activities respectively;
They must be framed in the Plurinational Plan, for this purpose within the framework of
their competences must have sufficient financial and human resources
with obligatory character.
III. Private companies must comply with social responsibility programs
that they execute, benefiting primarily the girl, boy and adolescent, for the
compliance with policies, programs and projects for care, prevention and protection
of this population.

BOOK I
RIGHTS, GUARANTEES, DUTIES AND PROTECTION
OF GIRLS, BOYS AND ADOLESCENTS
TITLE I
RIGHTS AND DUTIES
CHAPTER I
RIGHT TO LIFE, HEALTH AND THE ENVIRONMENT
ARTICLE 16. (RIGHT TO LIFE).
I. The girl, boy or adolescent has the right to life, which includes the right to live in
conditions that guarantee a dignified existence for every girl, boy or adolescent.
II. The State at all levels has the obligation to implement public policies that
ensure decent conditions for their birth and integral development with equality and
equity.
ARTICLE 17. (RIGHT TO AN ADEQUATE STANDARD OF LIVING).
I. Girls, boys and adolescents, respecting interculturality, have the right to a
adequate standard of living that ensures their integral development, which implies the right to
a nutritious and balanced diet in quality and quantity, which meets the standards
of dietetics, hygiene and health, and prevent malnutrition; dress appropriate to
climate and that protects health; decent, safe and healthy housing, with public services
essential. Mothers, fathers, guardians or guardians, guardians or guardians, have the
main obligation to guarantee within its possibilities and financial means, the
full enjoyment of this right.
II. The State at all its levels must guarantee the full exercise of this right,
respecting the belonging of the girl, boy and adolescent to an indigenous nation and people
native peasant, Afro-Bolivian and intercultural.
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III. The State at all its levels, through public policies and programs, must ensure
in favor of girls, boys and adolescents, conditions that allow mothers, fathers,
guardians or guardians, guardians or guardians, fulfill the responsibilities
established in this Article.
ARTICLE 18. (RIGHT TO HEALTH). Girls, boys and adolescents have the right to
a complete physical, mental and social well-being. They also have the right to free health services
and quality for the prevention, treatment and rehabilitation of health conditions.

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ARTICLE 19. (UNIVERSAL ACCESS TO HEALTH). The State through services
public and private health care, will ensure access to care for girls, boys and adolescents
permanent without discrimination, with actions of promotion, prevention, cure, treatment,
habilitation, rehabilitation and recovery at the different levels of care.
ARTICLE 20. (LIABILITY). The mother and father, guardian or guardian, guardian or
guardian, are the immediate guarantors of the right to health of their daughters and sons. Consequently they are
obliged to comply with the instructions and medical controls that are prescribed.
ARTICLE 21. (EMERGENCY MEDICAL ATTENTION).
I. Girls, boys and adolescents have the right to receive emergency medical care.
Public health centers and services are required to comply with this standard
immediately in emergencies.
II. Private health centers and services must provide immediate medical attention to
girls, boys and adolescents, when the absence of medical attention or referral of
the affected person to another health center or service, implies imminent danger to their life
or serious harm to your health.
III. In the cases provided for in the preceding paragraphs, it is forbidden to deny the attention of
the girl, boy and adolescent, alleging reasons for the absence of the parents or representatives,
lack of identity documents or financial resources.
IV. The breach of this right constitutes an infraction that will be sanctioned
in accordance with the provisions of this Code.
ARTICLE 22. (RIGHT TO SEXUAL AND REPRODUCTIVE HEALTH).
I. The State at all levels, guarantees the development, information processes,
awareness and training related to sexual rights, rights
reproductive, comprehensive sexuality, the provision of counseling services, as well as
care and access to supplies for reproductive health care, through
differentiated services.
II. Girls, boys and adolescents, according to their physical and psychological development, have
right to receive information and education for sexuality and sexual health and
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reproductive, primarily by his father and mother, guardian or guardian
and tutor or tutor, and within the educational system.
ARTICLE 23. (ACTIONS FOR THE PREVENTION OF ADOLESCENT PREGNANCY).
I. The Ministry of Health, in coordination with the Autonomous Territorial Entities,
will implement actions based on the guidelines of the Family Health Policy
Community and Intercultural.
II. The Ministry of Health will set every five (5) years, an adolescent pregnancy rate
applicable to the entire national territory, which will be monitored annually.
III. The Autonomous Territorial Entities that have an adolescent pregnancy rate
above that set by the Ministry of Health, they must carry out differentiated actions
and they will be able to carry out the budgetary reallocations necessary for the reduction of
this index.
ARTICLE 24. (PROTECTION TO MATERNITY). It corresponds to the State in all its
levels, protect maternity by guaranteeing access to:
a) Free care with quality and good treatment to the mother, in the early stages
natal, childbirth and postnatal, with specialized medical treatment, provision of
medicines, complementary tests and, where appropriate, food support or
supplementary;
b) Pregnant mothers deprived of liberty or in another situation;
c) In the case of the pregnant girl or adolescent, the provision of
psychological and social support services, during the period of pregnancy, childbirth and
postpartum;
d)

The necessary conditions for a pregnancy, feeding and lactation
adequate, as well as the opportunities necessary for the continuity of its
personal development at educational and work levels, both public and
private; Y

e) The promotion, free access and counseling of voluntary tests and
confidential HIV / AIDS messages to pregnant women, with information
necessary, guaranteeing its completion at no cost and post-counseling; So
such as multidisciplinary comprehensive care, including psychological counseling,
planned cesarean section and antiretroviral treatment for pregnant women with
HIV AIDS.
ARTICLE 25. (OBLIGATION OF HEALTH ESTABLISHMENTS). The hospitals
and public and private health care establishments for pregnant women, are obliged to:
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to)

Maintain a record of the cases attended by means of medical records
individual for a period of eighteen (18) years, where the identification
pelmoscopic or plantar impression of the newborn or newborn and the identification
fingerprint of the mother, without prejudice to other identification methods;

b) Carry out examinations of the newborn or newborn, to diagnose and
treat adequately and in a timely manner any diseases that may arise;
c)

Issue free of charge the certificate of live or dead birth and medical discharge
where the incidences of childbirth and the development of
the newborn or born, as a requirement for leaving the establishment
doctor;

d)

Guarantee the permanence of the newborn with its mother, when it
does not pose a risk to the health and life of the newborn;

and)

Provide effective counseling to adolescent girls to promote decision making
informed;

F)

Provide respectful, non-revictimizing service to adolescent mothers
victims of sexual violence; Y

g)

Allow the presence of the father at the time of delivery.

ARTICLE 26. (BREASTFEEDING).
I. It is the duty of the State at all its levels and of private institutions, to provide the necessary
suitable conditions for breastfeeding.
II. It is the duty of the mother, father, guardian or guardian, guardian or guardian, to comply with the
right to breastfeeding the girl or boy.
ARTICLE 27. (ACCOMPANIMENT OF MOTHER, FATHER, OF BOTH, GUARDIAN
OR GUARDIAN, GUARDIAN OR GUARDIAN). In the cases of care and hospitalization of the girl, boy or
adolescent, health care facilities should provide adequate conditions
for the accompaniment of mother, father, of both, guardian or guardian, guardian or guardian.
ARTICLE 28. (INTEGRAL HEALTH PREVENTION PROGRAMS).
I. The State at all its levels will guarantee the necessary resources for development
and implementation of universal and free programs to promote behaviors and
healthy spaces at the family and community level, as well as prevention in comprehensive health
aimed at girls, boys or adolescents, with an emphasis on diseases preventable by
vaccines, endemic, epidemic, pandemic, infectious diseases and with special
HIV / AIDS care.
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II. Girls, boys and adolescents living on the streets will have programs of
infection detection and corresponding free treatments.
ARTICLE 29. (RIGHTS OF GIRLS, BOYS AND ADOLESCENTS IN
DISABILITY SITUATION).
I. Girls, boys and adolescents in a situation of physical, cognitive, and
psychic or sensory, in addition to universally recognized rights,
enjoy the rights and guarantees enshrined in this Code, in addition to the
inherent to your specific condition. The State at all its levels must
guarantee means and resources for early detection in the first years of
life and the corresponding stimulation and health care support.
II. The family, the State at all its levels and society must ensure access to
to comprehensive early detection, care and rehabilitation services, timely
and adequate, as well as the full development of his personality, to the maximum of
its potentialities. The joint controllers guarantee the girl, boy or adolescent
in a situation of disability, the following rights:
a) Have access to a specialized diagnosis at an early age;
b) Receive special, immediate, permanent and continuous care and attention,
either in hospital or outpatient cases, which allow them to fend for themselves
themselves;
c) Actively participate in the community and enjoy a full life in
conditions of dignity and equality;
d) Ensure their access to comprehensive care and rehabilitation services
timely and adequate;
e) Access to inclusive education with opportunity, relevance and
comprehensiveness, according to your needs, expectations and interests,
preferably to the regular education system or to educational centers
special; Y
F)

Be part of an early detection and prevention program.

III. The State at all its levels will guarantee the necessary means so that the
the population is informed about the disability situation and the mechanisms of
early detection.
ARTICLE 30. (OBLIGATION OF EARLY DETECTION, ATTENTION,
REHABILITATION AND EDUCATION). Mothers, fathers, guardians or guardians,
guardians or tutors, or the entity that is legally in charge of girls, boys and adolescents,
have the obligation to guarantee early detection diagnoses, care services,
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rehabilitation and education in a timely and appropriate manner, when necessary, through the
specialized institutions, and the obligation to comply with the guidelines and recommendations
corresponding.
ARTICLE 31. (DENUNCIATION OBLIGATION). People who know of the existence
of the girl, boy or adolescent with a disability, who are not in treatment or
receive inadequate care, they have the obligation to report to the corresponding entities.
ARTICLE 32. (EVALUATIONS). State health entities and institutions
specialized agencies will assess the degree of disability of girls, boys and adolescents, so that
They can preferably enter the regular education system or, where appropriate, educational centers
special. The girl, boy or adolescent admitted to an establishment for care purposes,
protection and treatment of physical or mental health, you have the right to periodic evaluations, such as
at least once every six months. The same right is given to girls, boys or adolescents in a situation
of disability who are subjected to external treatment.
ARTICLE 33. (RIGHT TO THE ENVIRONMENT). Girls, boys and adolescents have
right to a healthy and ecologically balanced and preserved environment.
ARTICLE 34. (RIGHT TO WATER AND SANITATION WITH QUALITY).
I. Girls, boys and adolescents have the right to have access to drinking water,
quality sanitation and hygiene, for the full enjoyment of life and the care of your
Health.
II. The State at all levels, will guarantee access, availability and affordability to the
drinking water and sanitation with quality, sufficiency and wholesomeness, acceptable for use
personal and domestic at all times, and will promote its sustainable use.

CHAPTER II
RIGHT TO THE FAMILY
SECTION I
GENERAL DISPOSITION
ARTICLE 35. (RIGHT TO THE FAMILY).
I. Girls, boys and adolescents have the right to live, develop and educate themselves in a
atmosphere of affection and security in their family of origin or exceptionally, when it
not possible or contrary to your best interests, in a foster family that ensures you
family and community coexistence.
II. The girl, boy or adolescent will not be separated from her family, except in circumstances
exceptions defined by this Code and determined by the Judge or Public Judge in
Childhood and Adolescence matters, prior to the process and in order to protect it.
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ARTICLE 36. (FAMILY OF ORIGIN). It is constituted by the mother and father or by
any of the parents, descendants, ascendants and collateral relatives, according to
to the civil computation.
ARTICLE 37. (MAINTENANCE OF THE FAMILY).
I. The girl, boy or adolescent will not be separated from her mother or father for any reason, except
the provisions of this Code.
II. The lack or lack of material and economic resources cannot be interpreted
as violence, nor does it constitute by itself a reason to initiate extinction actions,
suspension of the authority of the mother, father or both.
III. The State through all its levels, in coordination with civil society, will formulate
public policies and comprehensive and interdisciplinary programs aimed at promoting
culture of peace and conflict resolution within the family, preventing abandonment
of the girl, boy or adolescent.
ARTICLE 38. (RIGHT TO KNOW YOUR MOTHER AND FATHER). Girls, boys and
adolescents have the right to know their mother and father of origin.
ARTICLE 39. (AUTHORITY OF THE MOTHER OR FATHER). The authority of the mother
or the father is exercised under equal conditions, assuring any of them, in case
of disagreement, the right to go before the competent judicial authority to solve the
divergence.
ARTICLE 40. (RIGHT TO MAINTAIN PERSONAL RELATIONS AND CONTACT
DIRECT WITH THE MOTHER AND THE FATHER). Girls, boys and adolescents have the right
to maintain regular and permanent personal relationships and direct contact with their mother and
parent, even when there is separation between them, unless this is contrary to their best interests.
ARTICLE 41. (DUTIES OF THE MOTHER AND THE FATHER). Mother and father have
common and equal responsibilities and obligations to provide affection, food, sustenance,
guardianship, protection, health, education, respect and to participate and support in the implementation of the
State policies, to guarantee the exercise of the rights of their daughters and sons in accordance with
provided by this Code and the regulations on family matters.
ARTICLE 42. (SUSPENSION OF MATERNAL OR PATERNAL AUTHORITY).
I. The suspension of the authority of the mother, the father or both, is the determination
judicial temporary restriction of the exercise of its authority, when the
rights of their daughters and sons who have not reached eighteen (18) years of age.
II. The suspension of authority may be:
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to)

Partial, by which the exercise of maternal or paternal authority is limited to
certain acts, without the need for separation from their daughters and sons; Y

b) Total, by which the exercise of maternal authority is totally suspended or
paternal.
III. The mother or father whose authority has been suspended must continue to assume
your support obligations.
ARTICLE 43. (GROUNDS FOR PARTIAL SUSPENSION). The partial suspension proceeds
in the following cases:
a) Lack, negligence or unjustified breach of duties, having the means
to do it; Y
b)

Action or omission, duly proven, that puts security at risk,
integrity and well-being of their daughters or sons, even as a disciplinary measure.

ARTICLE 44. (GROUNDS FOR TOTAL SUSPENSION). The total suspension proceeds
in the following cases:
a) Temporary interdiction, declared judicially;
b) Illness or accident, or other non-voluntary causes that prevent exercise
of maternal or paternal authority;
c) Problems with the consumption of alcohol or drugs that endanger the
physical or mental integrity of their daughters or sons;
d) To be convicted as perpetrators, accomplices or instigators in crimes against their
daughters or sons, except in crimes that are grounds for the extinction of the
authority;
and)

Action or omission that exposes their daughters or sons to threatening situations
against your safety, dignity or integrity; Y

F)

Be convicted as intellectual authors of crimes committed by their daughters or
children, except for crimes that are causes for the extinction of authority.

ARTICLE 45. (JUDICIAL FACULTY). The judge or judge who decides on the total suspension
of the authority, may extend it to the other daughters and sons, according to the assessment of the specific case,
setting the family assistance according to the needs of the girl, boy or adolescent, and the capacity
economic of the mother or father.
ARTICLE 46. (RESTITUTION). The exercise of authority may be restored when
the grounds for the partial suspension have disappeared or when the mother, father, or both,
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demonstrate conditions and aptitude to exercise it, before the same judicial authority that may exist
discontinued.
ARTICLE 47. (GROUNDS FOR THE EXTINCTION OF MATERNAL AUTHORITY OR
PATERNAL). The extinction of the authority applies for the following reasons:
a) Death of the last parent;
b)

Negligent act or omission that endangers the safety, well-being,
integrity or life of their daughters or sons, duly verified by authority
competent;
c) Resignation of authority by justified consent for adoption purposes;
d) Permanent interdiction, declared judicially;
e) Conviction sentence enforceable with a custodial sentence between
seven (7) to thirty (30) years for the commission of crimes against girls, boys,
adolescents, infanticide or femicide;
F)

Repeated failure to comply with measures imposed on fathers, mothers or both,
established for the suspension of authority;

g) Recurring criminal conduct; Y
h) Abandonment of the daughter or son duly verified.
ARTICLE 48. (RESIGNATION OF THE AUTHORITY BY CONSENT FOR THE
ADOPTION).
I. The resignation of the authority of the mother or father by consent, will be processed before
the Judge or Public Judge in matters of Childhood and Adolescence, with the following requirements:
a) The mother or father must give their consent in a state of lucidity,
without pressure, promise of payment or compensation and with the full
knowledge about the legal, social and psychological consequences of
decision;
b)

Consent must be written and verbally ratified at a hearing; Y

c)

The consent of the mother, father or both must be granted after
of the birth of the girl or boy. The consent given before the
birth.

II. The consent of the mother, father or both, is irrevocable and causes status from
the final judicial resolution that defines the situation of the girl, boy or adolescent.
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ARTICLE 49. (CONSENT FOR THE ADOPTION OF THE MOTHER AND FATHER
TEENAGERS).
I. For the adolescent mother or father to give their consent for the termination
of his authority, must necessarily attend, accompanied by his mother, father,
guardian or guardian, tutor or guardian, who must express their opinion.
II. In the event that they do not have a mother, father, guardian or guardian, guardian or guardian, the
Judge or Judge will appoint a tutor or extraordinary tutor.
III. The Ombudsman for Children and Adolescents will intervene to carry out the investigation and
corresponding psycho-social report.
IV. In the event that the adolescent mother or father does not grant the required consent,
the Judge or Judge will conclude the process.
ARTICLE 50. (COMMON PROVISION). In the sentence that provides for the suspension or
extinction of the authority of the mother and / or father, the Judge or Public Judge in matters of Childhood and
Adolescence, will designate the person who will assume legal guardianship or guardianship, a position that must fall
primarily in a member of the extended family, previously listening to the girl, boy or
Teen.

SECTION II
SUBSTITUTE FAMILY
ARTICLE 51. (SUBSTITUTE FAMILY). It is the one that by judicial decision, temporarily
or permanent, welcomes in its bosom a girl, boy or adolescent, forcing itself to comply with the same
duties of mother or father.
ARTICLE 52. (INTEGRATION TO A SUBSTITUTE FAMILY).
I. It is made effective by guardianship, guardianship or adoption, in the terms indicated in this
Code and taking into account the following conditions:
a) The girls, boys and adolescents will be previously heard, considering their stage
development, and their opinion must be taken into account by the Judge or the Judge in
the resolution that is pronounced;
b)

Comprehensive assessment of the degree of kinship, the relationship of affinity and affectivity,
your origin, cultural conditions, region and place where you live;

c)

Avoid separation from your sisters and brothers, unless it causes harm
emotional or psychological;

d)

The surrogate family must be selected and trained through a program
specially created for this purpose, to assume its responsibilities in
regarding the care, protection and assistance of the girl, boy and adolescent;

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e) The families that are in the girl's community environment will be prioritized,
child and adolescent; Y
F)

Guarantee children and adolescents an environment of security, stability
emotional and affective, as well as adequate socialization.

II. The State at all its levels will formulate public policies and execute programs
departmental and municipal that guarantee the restitution of the right to a family
substitute for girls, boys and adolescents living in Shelters.

SECTION III
CIRCUMSTANCIAL WELCOME
ARTICLE 53. (CIRCUMSTANCIAL WELCOME). The foster care is a
exceptional and provisional measure, carried out in situations of extreme urgency or necessity in favor of
of a girl, boy and adolescent, when there is no other means for the immediate protection of their
rights and guarantees violated or threatened.
ARTICLE 54. (OBLIGATION TO COMMUNICATE CIRCUMSTANCIAL ACCOMMODATION).
I. The persons and entities that receive the girl, boy or adolescent, are obliged to
communicate the circumstantial foster care to the Ombudsman for Children and Adolescents or
community authorities, within the twenty-four (24) hours following the moment of the
placement.
II. The Ombudsman for Children and Adolescents must inform the authority
court in matters of Childhood and Adolescence or judicial authority on duty, foster care
circumstantial, within twenty-four (24) hours of knowing the fact.
III. From the knowledge of the circumstantial foster care by the judicial authority in
Childhood and Adolescence matters, it will have a maximum term of thirty (30) days
to determine the measure of integration of the girl, boy or adolescent in a family
substitute or referral to a foster care center.
IV. This measure will be permanently evaluated and its application will not be considered deprivation.
of freedom.
ARTICLE 55. (REFERRAL TO A HOSTING ENTITY).
I. The referral of the girl, boy or adolescent to a public or private entity of
foster care, constitutes an exceptional, transitory protection measure, arranged
only by the Judge or Judge, by means of a grounded resolution, when there is no
can apply any of the other protection measures provided in this
Section.
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II. The application of this measure is not considered deprivation of liberty and will be executed with
strict subjection to the provisions of this Code.
ARTICLE 56. (PROHIBITION OF PROFIT). Any form of profit derived from the integration
in foster families or foster care centers will be subject to the sanctions established by
according to Law.

SECTION IV
THE GUARD
ARTICLE 57. (SAVE).
I. Guardianship is a legal institution whose purpose is the care, protection, attention
and comprehensive assistance to the girl, boy or adolescent on a provisional basis. It is granted
Through a Judicial Resolution to the mother or father, in cases of divorce or separation
of free marital unions, or to third parties, without affecting maternal authority
or paternal.
II. The guardian confers on the guardian or guardian the duty to protect the interests of
the girl, boy or adolescent in front of third parties, including the mother, father or
both of them; as well as to process family assistance.
ARTICLE 58. (GUARDIANSHIP CLASSES). The following guard classes are established:
a) Due to family separation, in accordance with the provisions of the regulations on the subject
of family; Y
b) The custody granted by the Judge or Public Judge in matters of Childhood and Adolescence,
to the person who does not have legal custody over the girl, boy or adolescent, subject
to the provisions of this Code.
ARTICLE 59. (REQUIREMENTS TO EXERCISE THE KEEPING).
I. To exercise custody, the following requirements must be met:
a) Be of legal age;
b) Be in good physical and mental health, accredited by a medical certificate and
psychological evaluation issued by the Departmental Technical Instance of Policy
Social;
c) Social report issued by the Departmental Technical Instance for Policy
Social;
d)

Request justifying the measure; Y

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e) Not having an enforceable sentence for fraudulent crimes committed against life and
integrity.
II. The girl, boy and adolescent, according to their stage of development, should be heard or
heard previously and your opinion will be essential for the decision of the Judge or Judge.
ARTICLE 60. (VALIDITY, MONITORING AND ENABLING).
I. The guardianship will be in force as long as the suspension or extinction of the authority is defined and
measures imposed on the mother, father or both. When the girl, boy and adolescent,
does not have an identified mother or father, or there is a conflict of parentage, the guardian will be
granted to third parties.
II. The judge or judge, in resolution will order the Ombudsman for Children and Adolescents,
track the guard and establish the place of its exercise,
within the national territory.
III. The keeper or the keeper, may be enabled or enabled by the Technical Instance
Department of Social Policy, for the adoption process.
ARTICLE 61. (PROHIBITION). Those responsible for the custody under no circumstances
they can transfer to third parties the girl, boy or adolescent, whose guardianship was conferred on him.
ARTICLE 62. (REVOCATION). The guardianship may be revoked by means of a Judicial Resolution,
ex officio or at the request of a party, considering the reports ordered and after having heard the
girl, boy or adolescent.
ARTICLE 63. (PROCESS AND EXERCISE). The custody will be processed by family members, third parties
persons or by the Ombudsman for Children and Adolescents, before the Judge or Public Judge in matters of
Childhood and Adolescence, in whose jurisdiction the girl, boy or adolescent is located, and will be exercised
in the place of residence of the guardian or designated guardian, within Bolivian territory. On
case of change of residence, the guardian or guardian must notify the judge or previous judge
to change of address.
ARTICLE 64. (MIGRANT MOTHER OR FATHER). In cases of migration of the mother, the
parent who has custody, or both, must notify the Ombudsman for Children and Adolescents,
for its corresponding processing before the Judge or Judge of Childhood and Adolescence, so as not to be
suspended from their authority, indicating or identifying the people who will be in charge and
enabling this instance to monitor the situation of the daughters and sons.
ARTICLE 65. (PROMOTION OF SAFE PROGRAMS). The state in all
its levels, through the corresponding agencies, will promote programs that stimulate
foster care of girls, boys or adolescents without family or of the
authority of the mother and father.
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SECTION V
GUARDIANSHIP
ARTICLE 66. (GUARDIANSHIP). Guardianship is a legal institute that, by legal mandate, is granted
by the Judge or Public Judge in matters of Childhood and Adolescence, to a person of legal age. Have
the purpose of guaranteeing girls, boys or adolescents their rights, giving them comprehensive care,
represent them in civil acts and administer their assets.
ARTICLE 67. (ORIGIN). Guardianship proceeds by:
a) Death of the mother and father;
b)

Extinction or total suspension of the authority of the mother and father;

c)

Declaration of interdiction of the mother and father; Y

d) Ignorance of parentage.
ARTICLE 68. (GUARDIANSHIP CLASSES). There are two kinds of guardianship, the ordinary and the
extraordinary:
to)

Ordinary guardianship is the non-delegable public interest function exercised by the
persons designated by the Judge or Public Judge in matters of Childhood and Adolescence,
in the terms and procedures provided by this Code, of which no one
can be exempted, but for legitimate cause;

b) Extraordinary guardianship is the public function exercised by the State when it is not
ordinary guardianship is possible.
ARTICLE 69. (REQUIREMENTS OF THE GUARDIAN OR TUTOR FOR ORDINARY GUARDIANSHIP).
The following are requirements to access ordinary guardianship:
a) Be of legal age;
b)

Be in good physical and mental health, accredited by a medical certificate,
psychological evaluation and social report, issued by the Technical Instance
Department of Social Policy;

c)

Not having an enforceable sentence for crimes of violence against girls, boys or
adolescents, or domestic or gender violence; Y

d)

Offer sufficient bail, when applicable.

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ARTICLE 70. (EXEMPTION OF BOND). They are exempt from giving security:
to)

Grandmothers, grandfathers, sisters and brothers;

b)

Those who have been appointed by virtue of an appointment made by the or the last
of the parents who exercised the authority;

c)

The tutor or tutor, when there are no assets to manage.

ARTICLE 71. (INCOMPATIBILITY FOR GUARDIANSHIP). They will not be able to be tutors or tutors
and, if they have been appointed, they will cease in office:
a) Those of legal age subject to guardianship;
b) People, parents, spouses or children, who have pending legal proceedings
contrary to the interests of the girl, boy or adolescent;
c)

The person with an enforceable sentence for crimes against life, the integrity of
people, freedom and sexual freedom, human trafficking and smuggling, mistreatment
against girls, boys or adolescents, domestic or gender violence and against
public and private heritage;

d) The person removed from another guardianship;
and)

People who suffer from serious illness, addictions or behaviors that
endanger the health and safety of people; Y

F)

People who have had enmity with the mother, father or ancestors
of the girl, boy and adolescent.

ARTICLE 72. (APPLICATION OF THE PROVISIONS ON THE AUTHORITY OF
FATHERS AND MOTHERS). The provisions that regulate the authority of
mother and father.
ARTICLE 73. (REMUNERATION). The tutor or tutor will have a remuneration set by the Judge
o Judge, who will not be less than five percent (5%), nor will it exceed ten percent (10%), of the
Income produced by the goods subject to its administration. This provision does not apply to guardianship
exercised by ancestors or siblings.
ARTICLE 74. (REMOVAL). The guardian or guardian is removed or removed from the guardianship by:
a) Supervening grounds of incompatibility provided for in Article 71 of this
Code;
b)

Failure to present the budget, the annual reports or the status of the situation,
when required; Y
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c)

Negligence, mishandling or infidelity, which endangers the person or the
patrimony of the ward.

ARTICLE 75. (CESSATION OF POSITION). In addition to the grounds for incompatibility, the
position of tutor or tutor ceases for:
to)

Death of the guardian or guardian;

b)

Waiver accepted; Y

c)

Removal.

ARTICLE 76. (TERMINATION). The guardianship is extinguished by:
a) Death of the ward or ward;
b) Emancipation of the ward or ward;
c) Majority of age of the ward or ward; Y
d) Restitution of the authority of the mother or father.
ARTICLE 77. (HEIRS). The heirs of the guardian or guardian are responsible only
for the acts of administration of their predecessor, and if they are of legal age, they can only perform acts
conservation until the new tutor or tutor is appointed.
ARTICLE 78. (EXERCISE OF EXTRAORDINARY GUARDIANSHIP).
I.

Extraordinary guardianship cannot be delegated and is exercised through the Instance
Departmental Technique
of Social Policy, subject to this Code.

II. The Departmental Technical Instance of Social Policy, may delegate the guard
of the girl, boy or adolescent subject to their guardianship, by signing
agreements with public or private, non-profit institutions.
ARTICLE 79. (PROCESSING OF EXTRAORDINARY GUARDIANSHIP BENEFITS). The
Departmental Technical Instance of Social Policy must process the benefits that the laws
recognize the girl, boy or adolescent and family assistance when appropriate. Amounts
assigned will be deposited in the name of the girl, boy or adolescent, in a bank account that
guarantee its maintenance of value, being verified by means of savings book or certificates of
deposits, before the Judge or the Judge who knows the cause.

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SECTION VI
ADOPTION
SUBSECTION I
GENERAL DISPOSITION
ARTICLE 80. (DEFINITION).
I. Adoption is a legal institution, through which the girl, boy or adolescent, in
situation of adoptability, acquires the quality of daughter or son of the adopter, in
stable, permanent and definitive form. It may be national or international.
II. This institution is established based on the best interests of the adopted or adopted.
ARTICLE 81. (OBLIGATIONS IN THE ADOPTION PROCESS). Watching out for interest
superior of the girl, boy or adolescent, in the adoption processes the public servants and
staff of private institutions, must act with speed, ethical integrity, without discrimination
some, using objective mechanisms and complying with the established protocols.
ARTICLE 82. (EQUALITY OF DAUGHTERS AND SONS). Adoption, grants girl, boy
or adolescent, the same condition as that of daughter or son born to the adoptive mother and father, with
the same rights and duties established in the Political Constitution of the State and the laws, with
responsibility and family reciprocity, without distinction of roles.
ARTICLE 83. (IDENTIFICATION AND SELECTION). It is the obligation of the Instances
Departments of Social Policy, identify and select the applicants for adoption. East
process will be carried out according to procedure.
ARTICLE 84. (REQUIREMENTS FOR THE ADOPTION APPLICANT).
I. For the adoption applicants, the following requirements are established:
to)

Be a minimum of twenty-five (25) years of age and be at least eighteen
(18) years older than the adopted girl, boy or adolescent;

b) In the case of married couples or in common law, at least one must have
less than fifty-five (55) years of age; except if there was coexistence
pre-adoptive for a period of one year, without prejudice to the fact that through reports
bio-psychosocial adoption is recommended, in a shorter period;
c) Marriage certificate, for married couples;
d)

In the case of free unions, the relationship must be proven in accordance with regulations
current;

and)

Be in good physical and mental health, accredited by a medical certificate and
psychological evaluation;
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F)

Social report;

29

g) Home certificate issued by the competent authority;
h) Certificate of not having a criminal record for intentional crimes, issued by
the corresponding instance;
i)

Certificate of preparation for adoptive mothers or fathers;

j)

Certificate of suitability;

k)

Favorable post-adoption report for new adoption procedures.

II. The requirements indicated in paragraphs a) and b) will be accredited by means of a certificate of
birth.
III. Single persons may be applicants for national adoptions or
international, fulfilling the requirements established in Paragraph I in what
corresponds.
IV. To prove the requirements of sections e), f), i), j) and k), the
Departmental Technical of Social Policy, so that they issue the pertinent documents
within a period that will not exceed thirty (30) days.
V. The requirement of other requirements than those established in the
this Article.
ARTICLE 85. (REQUIREMENTS FOR THE ADOPTED GIRL, BOY OR ADOLESCENT).
The requirements for the girl, boy or adolescent to be adopted or adopted are:
a) Have Bolivian nationality and reside in the country;
b) Be under eighteen (18) years old on the date of the adoption request
Except if it was already under the custody of the adopters;
c)

Judicial Resolution on the extinction of the authority of the mothers or fathers or
on the Judicial Affiliation;

d) Have the preparation and corresponding information on the effects of the
adoption by the Departmental Technical Instance of Social Policy,
according to their stage of development.
ARTICLE 86. (GRANT OF ADOPTION).
I. The adoption will only be granted by a final judicial sentence,
attending to the best interests of the girl, boy or adolescent, proven suitability
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of the and / or applicants for adoption and the opinion, when appropriate, of the girl,
child or adolescent.
II. The registration of the adopted or adopted in the Civic Registry Service, will grant
the mother, father or both adopters:
to)

Job tenure for one year;

b)

Maternity or adoptive paternity leave from work for a period of two (2)
months alternately for the comprehensive adaptation of the adopted or adopted
to the family nucleus;

c)

This license does not apply when there is a pre-existing bond of coexistence between the
adopters and adoptees.

III. As long as the Judge or Judge does not determine the viability of the adoption, they will not authorize the
pre-adoptive coexistence.
ARTICLE 87. (TEMPORARY PRE-ADOPTIVE COEXISTENCE).
I. The pre-adoptive coexistence is the temporary rapprochement between the applicants
adopters and the girl, boy or adolescent to be adopted in order to establish
the affective compatibility and psychosocial parenting skills of the applicant.
II. In case of national or international adoption, the coexistence stage must be fulfilled
in the national territory for a time not exceeding two (2) months.
III. The period of coexistence may be waived for national adoptions, when the
girl, boy or adolescent to adopt, whatever their age, whether they are in company
of the adopting mother or father, for a minimum time of one (1) year.
IV. The Departmental Technical Instance of Social Policy will make at least one evaluation
of the results of the period of coexistence, in the case of national adoption, and
at least two (2) evaluations, in the case of international adoption.
ARTICLE 88. (PROHIBITIONS). The adoption of:
to)

Human beings to be born.

b) Default applicants.
ARTICLE 89. (PREFERENCE FOR ADOPTION).
I. The daughter or son born or born of a free union or previous marriage of any of the
spouses, may be adopted or adopted exceptionally by the other spouse,
as long as:
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a) There is acceptance by the girl, boy or adolescent, whenever possible;
b)

There is extinction of the authority of the mother or father with an enforceable sentence.

II. The State at all levels, will give preference and promote national adoption and
international of:
to)

Girls and boys over 4 years old;

b)

Group of siblings;

c)

Girls, boys or adolescents with disabilities;

d)

Girls, boys or adolescents who require minor surgeries or treatments
doctors that do not involve risk of life, loss of limbs or others.

III. Preferences for adoption will be processed with priority.
ARTICLE 90. (NULLITY OF REPRESENTATION). Actions by means of
power or instruments of delegation of the adopting applicant, except in the actions
preparatory for international adoption, even before the first hearing.
ARTICLE 91. (WITHDRAWAL OR DEATH OF APPLICANTS). In case of
one of the adoptive applicants who are spouses or partners withdraws before granting the
adoption, the other may continue with the process adjusting to the requirements. If one of
them, the survivor may continue with the process, until its conclusion.
ARTICLE 92. (RELEASE IN PROCESS OF ADOPTION). If during the process
of adoption, there is a demand for separation, divorce or separation from the common law, the
Applicants may jointly adopt the girl, boy or adolescent, provided that they agree
on custody and visitation; otherwise, the process will be concluded with respect to
they.
ARTICLE 93. (RESERVATION IN THE PROCESS).
I. The adoption process is absolutely reserved. At no time can it be
exhibited the file to a stranger or give testimony or certificate of the
pieces inserted in it or provide verbal or written information.
II. The reservation indicated in the previous paragraph, may exceptionally be lifted at
well-founded request of the Ombudsman's Office for Children and Adolescents, the
Departmental Technician for Social Policy, the Public Ministry or the Ministry of Justice,
by court order.
III. Once the process is concluded, the file will be filed and placed under security. Rape
of the reservation implies criminal liability, with the exception of what is established in Article
95 of this Code.
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ARTICLE 94. (PROHIBITION OF PROFIT). The existence of profit or profit
materials, gifts, donations or gifts to public servants and authorities
of foster care centers, adoption intermediary bodies and public institutions in
general, who are aware of these processes, will be reported to the Public Ministry, an instance that must
follow the process ex officio.
ARTICLE 95. (RIGHT OF THE ADOPTED PERSON).
I. The mother, father, or both adopters, must make the adopted daughter or son known,
according to the maturity of the girl, boy or adolescent, their status as adopted
or adopted. This information must be advised and accompanied by personnel
specialized department of the corresponding Departmental Technical Instance of Social Policy,
at the simple request of the adopting mother or father.
II. People who have been adopted or adopted, upon reaching their majority or
since their emancipation, they have the right to know the background of their adoption and
references from your family of origin. They may request the corresponding information from
the Ministry of Justice or Departmental Technical Instance of Social Policy.
ARTICLE 96. (SUPPORT GROUPS). The Departmental Instances of Social Policy,
form groups for adopted daughters and sons, who will be provided with support and psychological therapy
when required.

SUBSECTION II
NATIONAL AND INTERNATIONAL ADOPTION
ARTICLE 97. (APPLICANTS FOR NATIONAL ADOPTION). National adoption is
one that is carried out only by applicants of Bolivian nationality who reside in the country or who,
being foreigners or foreigners, they have permanent residence in Bolivian territory for more than
two (2) years.
ARTICLE 98. (APPLICANTS FOR INTERNATIONAL ADOPTION).
I. International adoption applies only to applicants of foreign nationality
residents abroad or, being of Bolivian nationality, have a domicile or
habitual residence outside the country.
II. National adoption must be granted with priority in relation to adoption
international.
ARTICLE 99. (INTERNATIONAL INSTRUMENTS). The adopting applicant
foreigner or Bolivian living abroad, is subject to the requirements set forth in this Code and
the corresponding international instruments, in force in the domestic legal system of the
Plurinational State of Bolivia.
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ARTICLE 100. (APPLICATION OF INTERNATIONAL INSTRUMENTS).
I. For international adoption to proceed, it is essential that the country of residence
of the adopting applicant, is a party to the Hague Convention Relating to the Protection
Child and Cooperation in Matters of Intercountry Adoption, and there are agreements
on adoption between the Plurinational State of Bolivia and the State of residence of the
adopting applicants, ratified by the Legislative Organ.
II. In said agreements or in a subsequent addendum, each State will establish its Central Authority
in order to process international adoptions and for monitoring purposes
correspondent. The Central Authority for international adoptions is the
competent instance of the Executive Body.
III. This Central Authority will carry out its actions directly or through agencies
duly accredited in their own State and before the Central Authority of the State
Plurinational of Bolivia. Intermediary bodies in matters of adoption
will be submitted to the control of the Central Authority of the Plurinational State of
Bolivia.
ARTICLE 101. (APPLICATION FOR INTERNATIONAL ADOPTIONS).
I. Foreign and Bolivian people, living abroad who wish to adopt, will do so
through representatives of accredited intermediary bodies, presenting
before the Central Authority of the Plurinational State of Bolivia the documentation that
prove the suitability, granted by the country where they reside.
II. Once the suitability has been approved by the Central Authority of the Plurinational State
of Bolivia, a copy of the certificate of suitability will be sent to the Technical Instance
Department of Social Policy that corresponds, to be included in a procedure
international adoption.
ARTICLE 102. (REQUIREMENTS FOR APPLICANT FOR INTERNATIONAL ADOPTION).
I. In addition to what is established in Article 84 of this Code, the following are established
requirements:
a) Medical certificates certifying that applicants are in good health
physical and mental, approved by the interdisciplinary team of the Instance
Department of Social Policy;
b)

Updated passports, when applicable;

c)

Certificate of suitability issued by the Central Authority of the State of
applicant; Y

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d) Authorization for the entry process of the girl, boy or adolescent in the country
of residence of the and the adoptive candidate.
II. These documents must be granted by the competent authority of the country.
residence, and must be authenticated and translated into Spanish through their
legal procedures, for their legalization by the diplomatic representation of the
Plurinational State of Bolivia.
ARTICLE 103. (MONITORING IN INTERNATIONAL ADOPTION). The Central Authority
of the receiving country has the obligation of post-adoptive follow-up, sending every six (6)
months and for two (2) years, the respective reports that must be translated into Spanish and
legalized free of charge in the Bolivian diplomatic representation accredited to the country of
home. Without prejudice, the Central Authority of the Plurinational State of Bolivia has the power to
carry out the control and monitoring actions that it deems necessary.
ARTICLE 104. (PRESENCE OF THE APPLICANTS FOR ADOPTION
INTERNATIONAL). In international adoption processes, physical presence is mandatory
of the adoptive applicant, from the hearing for the pre-adoptive period and until the date of
the execution of the sentence and issuance of the Certificate of Conformity by the Central Authority of the
Plurinational State of Bolivia.
ARTICLE 105. (NATIONALITY). The Bolivian or Bolivian girl, boy or adolescent, whichever
adopted or adopted by a foreigner and / or foreigner, maintains Bolivian nationality, without prejudice
of acquiring that of the adopter.

SECTION VII
RIGHTS AND GUARANTEES
OF THE GIRL, BOY AND ADOLESCENT
WITH MOTHER OR FATHER DEPRIVED OF FREEDOM
ARTICLE 106. (RIGHTS AND GUARANTEES). The girl, boy or adolescent of mother or father
deprived of liberty, you have the following rights and guarantees:
a) Stay with the mother or father who is at liberty;
b)

If both are deprived of liberty, they will be integrated into the family or
to a substitute family in accordance with the provisions of this Code and, if not
possible, they will be integrated into specific programs or shelters,
while the deprivation of liberty lasts, ensuring that it is in the same locality
where their parents are complying with the measure;

c)

Exceptionally, the girl or boy who did not reach six (6) years of age
You can stay with your mother, but in no case in the establishments
penitentiaries for men. In spaces surrounding prisons
for women, child development centers or nurseries should be set up;

d) Access care and support programs for their comprehensive development, in accordance with
to your situation; Y
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and)

Maintain emotional ties with their mother, father or both, so that the family
extended, substitute or foster care center will provide periodic visits to the
themselves.

ARTICLE 107. (LIABILITY).
I. The Ministry of Government, through the authorities of the General Directorate of Regime
Penitentiary, when applicable, is responsible for compliance with the provisions
in the preceding Article.
II. When said authorities learn of the irregular stay of a girl, boy or
adolescent in prisons, have the obligation to communicate to the Ombudsman
of Children and Adolescents. The omission of this communication, by the authority
judicial or servant or public servant, will be sanctioned according to the established
in this Code, without prejudice to criminal or administrative responsibilities
corresponding.

CHAPTER III
RIGHT TO NATIONALITY, IDENTITY AND FILIATION
ARTICLE 108. (NATIONALITY). The girl, boy or adolescent acquires nationality
Bolivian State from the moment of its birth in the territory of the Plurinational State, as well as the
Born and born abroad of a Bolivian mother or father, in accordance with the provisions of
the Political Constitution of the State, without any other requirement.
ARTICLE 109. (IDENTITY).
I. The girl, boy or adolescent has the right to own and individual name, to carry two
surname, paternal and maternal, or a single surname is of the mother or father and another
conventional to complete the two surnames; or, failing that, have two surnames
conventional.
II. The Civic Registry Service will develop short and free procedures that allow
the exercise of the right to identity and filiation for the girl, boy or adolescent.
ARTICLE 110. (FILIATION).
I. Filiation constitutes a legal bond between the mother, father or both, with the daughter or
son, which implies reciprocal responsibilities and rights.
II. The mother and father are obliged to register the parentage of their daughter or son at the
time of birth and up to thirty (30) days thereafter. It may be affiliated with the
simple indication of any of them and, depending on the case, you can establish a surname
conventional.
III. The mother, father or both assume equal responsibility for emotional and material care
of the daughter or son, even if the girl, boy or adolescent has the conventional surname and
without the testimony of the parent.
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IV. Legislation on family matters will establish mechanisms of maternal responsibility
and paternal.
V. The registration of the girl, boy or adolescent who, due to exceptional circumstances, is carried out
after thirty (30) days of birth or born, it will be carried out preserving the
gratuity in the process.
ARTICLE 111. (JUDICIAL FILIATION).
I. When the identity of the mother and father of the girl, boy, does not exist or is unknown
or adolescent, and the Ombudsman for Children and Adolescents has exhausted all means
To identify them, this entity will demand the filiation before the judicial authority, to
that determines the conventional names and surnames.
II. The circumstance of conventional names and surnames will only be registered
in the marginal notes of the books of the corresponding birth certificate. Not
They may be exhibited to third parties, without a court order.
ARTICLE 112. (PROHIBITIONS). The filiation of the girl, boy or adolescent is prohibited
born or born as a product of crimes of rape or rape, with the author of such crimes,
being able to add a conventional surname.
ARTICLE 113. (OBLIGATION IN THE REGISTRY).
I. The Civil Registry Officer, at the time of registration, may guide the mother,
parent, guardian or guardian, guardian or guardian, to assign names that are not reason
discrimination.
II. It is the obligation of the Civil Registry Officer to respect the names and surnames
original assigned by the mother, father or authority of a nation or indigenous people
native peasant.
ARTICLE 114. (FREE REGISTRATION).
I. The girl or boy must be registered in the Civil Registry and receive the first Certificate of
Birth, free of charge.
II. In the case that he is under extraordinary guardianship, in a homeless situation, that is,
adolescent worker or in case of emergency situation or natural disaster,
will grant the duplicate Birth Certificate free of charge.

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CHAPTER IV
RIGHT TO EDUCATION, INFORMATION,
CULTURE AND RECREATION
ARTICLE 115. (RIGHT TO EDUCATION).
I. Girls, boys and adolescents have the right to free, comprehensive education and
quality, aimed at the full development of their personality, aptitudes, physical capacities and
mental.
II. Girls, boys and adolescents have the right to a quality education and warmth,
intracultural, intercultural and multilingual, which allows them to develop a differentiated integral development,
prepare them for the exercise of their rights and citizenship, instill in them respect for
human rights, intercultural values, care for the environment and
qualify for the job.
ARTICLE 116. (GUARANTEES).
I. The Plurinational Educational System guarantees the girl, boy or adolescent:
a) Education without violence against any member of the community
educational, preserving their physical, psychological, sexual and / or moral integrity,
promoting a peaceful coexistence, with gender equality and equity and
generational;
b) Education, without racism and any form of discrimination, that promotes a
peaceful culture and good treatment;
c) Respect of the director, teachers and administrators of the Educational System
Plurinational and its peers;
d) Practices and the use of pedagogical and didactic resources that are neither sexist nor
discriminatory;
and)

Provision of advisory services, awareness, education for the exercise of
their rights and the increase and strengthening of their capacities;

F)

Challenge of the evaluation criteria when they do not conform to the
established by the competent authority, being able to resort to the
superior;

g)

Participation in educational management processes;

h) Access to information on the pedagogical process and educational management for
the and the student and their mother, father, guardian or guardian, guardian or guardian; Y
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i)

Awareness and access to adequate information and timely training in
education on comprehensive sexuality within the framework of curricular content.

II. The implementation of the educational model has as its core the rights of the girl,
child and adolescent, their integral development and the quality of education.
ARTICLE 117. (SCHOOL DISCIPLINE). Rules of conduct and peaceful coexistence
and harmonious, must be administered respecting the rights and guarantees of girls, boys and
adolescents, considering their duties, which must be subject to the following provisions:
a) All girls, boys and adolescents must have access and timely information
to the content of the internal regulations for peaceful and harmonious coexistence
corresponding;
b) They must be established in the regulation of peaceful and harmonious coexistence of
Educational Units the facts that are subject to reprimand, sanction
and the sanctions, as well as the procedure to apply them;
c) Before the imposition of any warning and / or sanction, it must be guaranteed
to all girls, boys and adolescents, the exercise of the rights to have an opinion and
to the defense, thus also guaranteeing their right to challenge before the
superior and impartial authority; Y
d) Corporal sanctions are prohibited.
ARTICLE 118. (PROHIBITION OF EXPULSION). The authorities of the System are prohibited
Educational Plurinational, reject or expel pregnant students, whatever their status
civil, as well as the student because of their sexual orientation, in a situation of disability
or with HIV / AIDS. Inclusion, protection and infrastructure policies should be promoted for their
permanence that allow the integral well-being of the student until the culmination of their
studies.
ARTICLE 119. (RIGHT TO INFORMATION).
I. The girl, boy or adolescent has the right to receive, seek and use all kinds of
information that is consistent with its development. The State at all its levels, the
mothers, fathers, guardians or guardians, guardians or guardians, have the obligation
to ensure that children and adolescents receive truthful, plural and
appropriate to their development.
II. The State must establish regulations and policies necessary to guarantee access,
obtaining, receiving, searching, disseminating information and issuing opinions by
part of girls, boys or adolescents, by any technological means and due
legal protection, to ensure respect for your rights.
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III. The media are obliged to contribute to the formation of the girl,
child or adolescent, providing information of social and cultural interest, providing coverage
to the informational and educational needs of this population, promoting the dissemination
of the rights, duties and guarantees established in this Code, through
free spaces, mandatory. They must also broadcast and publish programs
and multilingual cultural, artistic, informative and educational sections, as well as in
alternative language, directed to the girl, boy or adolescent, according to regulations.
ARTICLE 120. (RIGHT TO CULTURE). The girl, boy and adolescent have the right to:
to)

That the knowledge and experience of culture be recognized, respected and promoted
to which it belongs or with which it is identified;

b) Participate freely and fully in cultural and artistic life according to their
identity and community.
ARTICLE 121. (RIGHT TO RECREATION, LEISURE, SPORTS AND GAME).
I. Girls, boys and adolescents have the right to recreation, leisure, sport
and play.
II. The exercise of these rights must be aimed at guaranteeing the integral development of the
girl, boy and adolescent, and to strengthen the values ​of solidarity, tolerance, identity
cultural and environmental conservation.
III. The State at all levels will promote public policies with a sufficient budget
aimed at the creation of programs for recreation, leisure and sports games
aimed at all girls, boys and adolescents, especially those who are
in a situation of disability.
IV. The bodies responsible for the construction of educational infrastructures,
sports, recreational and leisure, must apply minimum technical parameters
accessibility so that girls, boys and adolescents with disabilities,
can exercise and enjoy fully and under equal conditions all their rights
recognized in this Code.

CHAPTER V
RIGHT TO OPINION, PARTICIPATE AND REQUEST
ARTICLE 122. (RIGHT TO OPINION).
I. The girl, boy or adolescent, according to their age and characteristics of the stage of their
development, you have the right to freely express your opinion on matters of your interest and
that the opinions they issue are taken into account.
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II. Opinions may be expressed in a personal capacity or on behalf of your
organization, as appropriate.
ARTICLE 123. (RIGHT TO PARTICIPATE).
I. Girls, boys and adolescents have the right to participate freely, actively and fully in
family, community, social, school, cultural, sports and recreational life, as well as
the progressive incorporation into active citizenship, in legal meetings and organizations,
according to their age and interests, whether in family, school, community life and, according to
legal provision, socially and politically.
II. The State at all its levels, families and society, will guarantee and promote
opportunities for participation of girls, boys and adolescents in conditions
worthy.
ARTICLE 124. (RIGHT OF PETITION). Girls, boys and adolescents have the right
to directly make requests, individually or collectively, orally or in writing before
any public or private entity without the need for representation, and to be answered in a timely manner
and properly.
ARTICLE 125. (STATE ROLE). The State at all its levels, guarantees in all areas,
adequate mechanisms that facilitate and promote opportunities for opinion, participation and
petition.

CHAPTER VI
RIGHT TO THE PROTECTION OF THE GIRL, BOY AND ADOLESCENT
IN RELATION TO WORK
SECTION I
SPECIAL PROTECTION
ARTICLE 126. (RIGHT TO PROTECTION AT WORK).
I. Girls, boys and adolescents have the right to be protected or protected by the
State at all levels, their families and society, especially against exploitation
economic and the performance of any work activity or work that may hinder
their education, which involves danger, which is unhealthy or undermines their dignity and
integral development.
II. The State at all levels, will execute the Prevention and Social Protection Program
for Girls, Boys and Adolescents under fourteen (14) years of age in work activity,
with social protection projects to support families who are in
extreme poberty.
III. The right to protection at work includes work activity and work that
It is developed on its own account and on behalf of others.

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ARTICLE 127. (ACTIVITIES IN THE FAMILY FRAMEWORK).
I. The activities developed by the girls, boys and adolescents in the family framework and
social community, have a formative nature and fulfill the function of socialization and
learning.
II. Family and community social work must not, in any case, threaten or violate the
rights of girls, boys and adolescents who do it, nor deprive them of their dignity,
integral development and enjoying their childhood and adolescence, and schooling.
ARTICLE 128. (FAMILY COMMUNITY ACTIVITIES).
I. It is the activity of the girl, boy or adolescent, developed jointly with
their families in indigenous peasant, Afro-Bolivian and indigenous communities
intercultural. These activities are culturally valued and accepted, and have
as a purpose the development of fundamental skills for their life and strengthening
of community coexistence within the framework of Living Well; built on the foundation
of ancestral knowledge that includes activities of sowing, harvesting, caring for goods
of nature such as forests, water and animals with constant playful components,
recreational, artistic and religious.
II. These types of activities are developed according to rules and procedures
own, within the framework of the original peasant indigenous jurisdiction, when not
constitute labor exploitation or threaten or violate the rights of girls, boys
and teenagers.
ARTICLE 129. (MINIMUM AGE TO WORK).
I. The minimum age to work is set at fourteen (14) years of age.
II. Exceptionally, the Ombudsmen for Children and Adolescents may authorize the
self-employment activity carried out by girls, boys or adolescents of ten
(10) to fourteen (14) years, and the employment activity of adolescents
from twelve (12) to fourteen (14) years, provided that this does not impair their right to
education, is not dangerous, unhealthy, threatening their dignity and integral development, or
is expressly prohibited by law.
III. The request must be answered within a period of seventy-two (72) computable hours.
from its reception, after socio-economic evaluation, and will have registration effects
in the Information System for Girls, Boys and Adolescents-SINNA.
IV. The registration of the authorization for a specific item may be modified upon request.
verbal of the interested party, without the need to initiate a new authorization process.
The Defenders for Children and Adolescents, if necessary, may request a
new medical and psychological assessment.
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SECTION II
PROTECTION IN WORK ACTIVITY AND WORK
ARTICLE 130. (GUARANTEES).
I. The State at all its levels, will guarantee the exercise or work performance of the
adolescents over fourteen (14) years of age, with the same rights enjoyed by the and
adult workers.
II. The protection and guarantees for adolescents over fourteen (14) years of age in
The work is extended to adolescents under fourteen (14) years of age, who
exceptionally they have authorization to carry out any work activity in
the conditions established by the Defenders for Children and Adolescents.
III. The work activity or self-employment carried out by the girl, boy or
adolescent from ten (10) to eighteen (18) years old, must consider the full validity of
all your rights and guarantees.
ARTICLE 131. (ASSENT AND AUTHORIZATION).
I. The girl, boy and adolescent from ten (10) to eighteen (18) years must express and agree
freely their will to carry out any work activity or work.
II. The employer or employer is obliged or obliged to have written permission from
the mother, father, guardian or guardian, guardian or guardian, as appropriate,
by means of a form issued by the Ministry of Labor, Employment and Social Welfare, which
must be authorized by:
to)

The Ombudsman's Offices for Children and Adolescents, for workers
employed adolescents from twelve (12) to fourteen (14) years old; Y

b) The Ministry of Labor, Employment and Social Welfare, for workers
employed adolescents over fourteen (14) years of age.
III. The Ombudsmen for Children and Adolescents will authorize work activity and work
On their own account of girls, boys and adolescents from ten (10) to eighteen (18) years old.
IV. In all cases, the Ombudsmen for Children and Adolescents, before granting the
authorization, they must manage a comprehensive medical assessment of the girls, boys and
adolescents from ten (10) to eighteen (18) years old, proving their health, physical capacity
and mental for the performance of the work activity or corresponding work.
ARTICLE 132. (PROTECTIVE LABOR PROVISIONS FOR THE
ADOLESCENT EMPLOYEES WORKERS).
I. Work for others is carried out:
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a) Commissioned by an employer;
b) In exchange for a monthly, weekly, piece rate, or
any other; Y
c)

In relation to work dependency.

II. To guarantee the fair remuneration of the adolescent over fourteen (14) years of age,
This may not be less than that of an adult who performs the same job, it may not be
lower than the national minimum wage, nor reduced outside the law. The salary of the or
the adolescent worker must always go to his benefit and in search of a better
quality of life.
III. The employer must guarantee the necessary safety conditions
for the adolescent over fourteen (14) to develop their work.
IV. The employer may not limit their right to education, and must
grant two (2) hours a day for study, which must be paid.
V. The employer must allow the adolescent worker, his or her
participation in trade union organizations and these may not restrict their access to
leadership positions of its structure.
SAW. The workday may not exceed eight (8) hours a day and forty
(40) weekly daytime hours. The working hours shall not exceed ten (10)
the night.
VII. The work activity of adolescents under fourteen (14) years of age authorized
by the Ombudsman's Offices for Children and Adolescents, it may not be longer than six (6) hours
daily daytime and thirty (30) daily daytime hours per week.
ARTICLE 133. (PROTECTIVE PROVISIONS FOR GIRLS, BOYS AND
SELF-EMPLOYED TEENAGERS).
I. Self-employment is that which, without being part of the family activity or
community social, is carried out without a relationship of subordination or dependence
labor.
II. The mother, the father or both, the guardian or the guardian, the guardian or the guardian, must
guarantee to the girl, boy and adolescent worker or in work activity by account
own, access and permanence in the educational system, a special schedule and the
necessary conditions for rest, culture and recreation.
III. The schedule of work activity for the girl, boy and adolescent from ten (10) to fourteen
(14) years on their own, should not exceed ten (10) at night.
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IV. No authorization may be granted for work activity, when the conditions
in which it is executed, are dangerous to the life, health, integrity or image of the girl,
self-employed child or adolescent from ten (10) to fourteen (14) years old.
ARTICLE 134. (HOUSEHOLD SALARY WORK).
I. It consists of salaried work, typical of the home, carried out by adolescents
over fourteen (14) years old; consisting of kitchen, cleaning, laundry,
toilet, child or adolescent care and assistance.
II. The hiring of adolescent wage earners of the home, must be typical of work
specific or for one of the specific activities indicated in the Paragraph
preceding; prohibiting the hiring for multiple jobs or the imposition of
tasks for which they have not been hired or hired.
III. In the case of hiring an adult for salaried household work
who lives with one or more of their daughters or sons at the employer's domicile, is
the work of these or the latter is prohibited.
IV. This type of work will be regulated in accordance with the pertinent provisions of this
Title and laws, as long as they are interpreted according to the best interests of the girls,
children and adolescents.
ARTICLE 135. (PROHIBITIONS). It's prohibited:
a) The labor exploitation of girls, boys or adolescents, as well as the carrying out of
any work activity or work without your consent and fair remuneration;
b) The hiring of an adolescent over fourteen (14) years of age to carry out
any type of work activity or work outside the country;
c) The intermediation of recruiters, paid placement agencies,
employment agencies or other similar private services for the recruitment and
the employment of girls, boys and adolescents;
d)

Illegal retention, compensation, as well as payment in kind;

and)

Carrying out work activity or night work after ten (10) o'clock
night;

F)

The transfers of adolescent workers without the mother's authorization,
parent, guardians or guardians, guardians or guardians;

g)

Overtime work activity for underage adolescents
fourteen (14) years old, for being in a developmental stage; Y

h)

Others established by current regulations.

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ARTICLE 136. (WORK ACTIVITIES AND DANGEROUS WORK,
UNHEALTHY OR ATTEMPTING DIGNITY).
I. Work activities and jobs that by their nature and condition are prohibited are
dangerous, unhealthy or attentive to the dignity of the girl, boy and adolescent, and
those who put their permanence in the educational system at risk.
II. According to its nature, it is prohibited:
to)

Sugarcane harvest;

b) chestnut harvest;
c)

Mining (as a miner, driller, licker or dynamiter);

d)

Fishing in rivers and lakes (as long as it is not in the family or social sphere
community);

e) Brickwork;
F)

Sale of alcoholic beverages;

g)

Collection of wastes that affect your health;

h) Cleaning of hospitals;
i)

Protection and security services;

j)

Household work under bed-in mode; Y

k)

Plasterwork.

III. Depending on their condition, it is prohibited:
a) Work in agricultural activities (as long as it is not in the family or
community social and are not tasks according to their development);
b) Breeding of larger cattle (as long as it is not in the family or social sphere
community and are not tasks according to their development);
c) Trading outside the established hours;
d) Modeling that implies eroticization of the image;
e) Urinal care outside the established hours;

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F)

Artisan stonework;

g) Work on sound amplification;
h) Handling of dangerous machinery;
i)

Masonry (as long as it is not in the family or social community environment and not
are tasks according to their development); Y

j)

Car caretaker after hours.

IV. Other prohibitions that may be specified by express rule.
V. The Ministry of Labor, Employment and Social Security, must adapt the list of activities
dangerous, unhealthy or attentive to the dignity and integrity of
girls, boys and adolescents, periodically, at least every five (5) years, with the
social participation of the actors involved.
SAW. The State at all levels, will establish a policy and develop a program
for the elimination of the determinants of work activities and hazardous work,
unhealthy or threatening the dignity and integrity of girls, boys and adolescents.
ARTICLE 137. (SOCIAL SECURITY FOR ADOLESCENTS
WORKERS).
I. The adolescent worker has the right to be compulsorily enrolled in the
Social Security System and you will enjoy all the benefits, economic benefits
and health services, provided by this System, under the same conditions provided
for those over eighteen (18) years of age, in accordance with the special legislation of the
matter. For this purpose, the employer must register the adolescent
worker in the Social Security System immediately after entering the
the job.
II. Adolescents who are self-employed may voluntarily join
to the Social Security System. The contribution that corresponds to the adolescent
worker will be fixed considering their ability to pay, for which it will be taken into
your particular economic situation necessarily counts.
III. The Autonomous Departmental Governments and the Autonomous Municipal Governments,
are responsible for promoting the design of plans aimed at orienting the
adolescent workers to make the corresponding contributions to the
Social Security System.
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ARTICLE 138. (REGISTRATION OF LABOR ACTIVITY OR ACCOUNT WORK
OWN OR OWNERSHIP).
I. The Ombudsmen for Children and Adolescents will be in charge of registering the
authorization of girls, boys and adolescents from ten (10) to fourteen (14) years who
carry out work activity or work for their own account or for someone else.
II. The copy of the registry of the employed adolescent workers of twelve
(12) to fourteen (14) years, it must be sent to the Ministry of Labor, Employment and Social Security
Social, by the Defenders of Children and Adolescents, for the purposes of inspection and
corresponding supervision.
III. The Ministry of Labor, Employment and Social Welfare will be in charge of registering the
authorization of adolescents over fourteen (14) years of age who do work
employed by someone else.
IV. The Ministry of Labor, Employment and Social Security, the Autonomous Municipal Governments,
and the Defenders for Children and Adolescents, will guarantee that the entire process is free
register.
V. The registry data will be sent monthly by the Children's Ombudsmen.
and Adolescence, and the Ministry of Labor, Employment and Social Welfare, to the Ministry of
Justice and incorporated into the Information System for Girls, Boys and AdolescentsSINNA.
ARTICLE 139. (INSPECTION AND SUPERVISION).
I. The Ministry of Labor, Employment and Social Security, through the Labor Inspectorate,
by means of specialized personnel, it will carry out permanent inspections and supervisions
in the workplaces of adolescents, in urban and rural areas, to
verify that there is no violation of labor rights, within the framework of the regulations
current.
II. If the inspection shows the violation of human rights, the
in the knowledge of the Ombudsmen for Children and Adolescents, for their restitution
through legal process.

SECTION III
VIOLATIONS OF THE RIGHT TO PROTECTION
IN RELATION TO WORK
ARTICLE 140. (INFRACTIONS). They are infringements of the right to protection in relation to
work, the following:
to)

Contract or profit from the work of a girl or boy;

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b) Hire or profit from the work of an adolescent under fourteen (14)
years, without the authorization of the Ombudsman for Children and Adolescents, provided for in
this Code;
c)

Hiring the adolescent without the proper registration in the registry of the
working adolescents;

d) Omit the registration of the adolescent worker in the Security System
Social;
and)

Hire the adolescent for any of the prohibited jobs in the
regulations in force;

F)

Obstruct the inspection and supervision carried out by the Ministry of Labor,
Employment and Social Security;

g)

Failure to comply with the training nature and conditions established for the
activities in the family or community framework of girls, boys and adolescents or
with the nature of family community activities; Y

h)

Others that violate the right to protection of girls, boys and adolescents in
relationship to work.

CHAPTER VII
RIGHT TO FREEDOM, DIGNITY AND IMAGE
ARTICLE 141. (RIGHT TO FREEDOM). The girl, boy and adolescent, has the right to
personal freedom, with no limits other than those established in the Political Constitution of the State and in the
this Code. They can not be illegally or arbitrarily privated from her. They also have the right to:
a) Freedom to travel through public spaces without restrictions other than those
established by legal provision and the powers that correspond to his mother,
parent, guardian or guardian and guardian or guardian;
b)

Freedom of thought, conscience, opinion and expression;

c)

Freedom of belief and religious worship;

d)

Freedom of assembly for lawful and peaceful purposes;

and)

Freedom of peaceful demonstration, in accordance with the law, without further limits
that the legal powers that correspond to their mother, father, guardian or
guardian and guardian or guardian;

F)

Freedom to organize according to your interests, needs and expectations
to channel their initiatives, demands and proposals;
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g)

Freedom of association for social, cultural, sporting, recreational,
religious, economic, labor, political or of any other nature, always
that are of a lawful nature; Y

h) Freedom to freely express their opinion and disseminate ideas, images and
information of all kinds, whether orally, in writing or by any other
half.
ARTICLE 142. (RIGHT TO RESPECT AND DIGNITY).
I. The girl, boy and adolescent, has the right to be respected in their physical dignity,
psychological, cultural, affective and sexual.
II. If the adolescent is subject to socio-educational deprivation of liberty measures,
You have the right to be treated and treated with the respect your dignity deserves. They enjoy
all the rights and guarantees established in the Political Constitution of the State, without
detriment to those established in their favor in this Code; except those restricted by the
legally imposed sanctions.
ARTICLE 143. (RIGHT TO PRIVACY AND FAMILY INTIMACY).
I. The girl, boy and adolescent have the right to privacy and intimacy in family life.
II. Family privacy and intimacy must be guaranteed with priority by the family, the
State at all levels, society, and the media.
ARTICLE 144. (RIGHT TO PROTECTION OF THE IMAGE AND
CONFIDENTIALITY).
I. The girl, boy and adolescent have the right to respect for their own image.
II. The judicial authorities, public servants and servants, and the personnel of institutions
private parties have the obligation to maintain confidentiality and protect the identity of the girl,
child and adolescent, who is involved in any type of process and restricts the
access to documentation on them, unless expressly authorized by the authority
competent.
III. When news is broadcast or broadcast involving girls, boys or adolescents,
The media are obliged to preserve their identification, as well as the
of their family environment, in cases that affect their image or integrity.
IV. The competent authorities may establish special formats for dissemination,
according to regulation.

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CHAPTER VIII
RIGHT TO PERSONAL INTEGRITY AND PROTECTION
AGAINST VIOLENCE
ARTICLE 145. (RIGHT TO PERSONAL INTEGRITY).
I. The girl, boy and adolescent have the right to personal integrity, which includes their
physical, psychological and sexual integrity.
II. Girls, boys and adolescents may not be subjected to torture, or other penalties or
cruel, inhuman or degrading treatment.
III. The State at all levels, families and society, must protect all
girls, boys and adolescents against any form of exploitation, mistreatment, abuse or
negligence affecting their personal integrity.
ARTICLE 146. (RIGHT TO GOOD DEAL).
I. The girl, boy and adolescent have the right to good treatment, which includes upbringing and
non-violent education, based on mutual respect and solidarity.
II. The exercise of the authority of the mother, father, guardian or guardian, guardian or guardian,
family members, educators and educators, must use non-violent methods in raising,
training, education and correction. Any type of physical, violent or violent punishment is prohibited.
humiliating.
ARTICLE 147. (VIOLENCE).
I. It constitutes violence, the action or omission, by any means, that causes deprivation,
injuries, damages, suffering, damages in physical, mental, affective, sexual health,
poor development and even the death of the child or adolescent.
II. Violence will be sanctioned by the Judge or the Criminal Judge when it is classified as
crime by the Penal Law.
III. The forms of violence that are not classified as a crime in the Criminal Law, constitute
infractions and will be sanctioned by the Judge or Public Judge for Children and Adolescents,
in accordance with the provisions of this Code, taking into account the severity of the
fact and the healthy criticism of the judge.
ARTICLE 148. (RIGHT TO BE PROTECTED AND PROTECTED AGAINST THE
SEXUAL VIOLENCE).
I. The girl, boy and adolescent have the right to be protected or protected against any
form of violation of their sexual integrity. The State at all its levels must
design and implement prevention and protection policies against all forms of abuse,
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exploitation or early sexualization of childhood and adolescence; as well as guarantee
permanent and free programs of assistance and comprehensive care for girls,
abused, exploited and eroticized children and adolescents.
II. They are forms of violation of the sexual integrity of girls, boys and adolescents, the
following:
a) Sexual violence, which constitutes all conduct typified in the Penal Code that
affects the freedom and sexual integrity of a girl, boy or adolescent;
b)

Sexual exploitation, which constitutes all conduct typified in the Penal Code,
consisting of any form of sexual abuse or violence, for the purpose of
obtain some type of remuneration;

c) Precocious sexualization or hypersexualization, which constitutes the sexualization of
precocious expressions, postures or dress codes, allowing or
instructing girls, boys or adolescents to adopt roles and behaviors
with erotic attitudes, that do not correspond to their age, incurring violence
psychological; Y
d) Any other type of conduct that violates the sexual integrity of girls, boys
and teenagers.
III. Girls and adolescent women enjoy full protection and guarantee in accordance with
provisions of Article 266 of the Penal Code, immediately.
ARTICLE 149. (PREVENTIVE AND PROTECTIVE MEASURES AGAINST THE
SEXUAL VIOLENCE).
I. Without prejudice to the provisions of Paragraph I of the preceding Article, the
following specific measures to combat sexual violence against girls, boys and
teenagers:
a) Control and monitoring of people with a conviction enforceable by
crimes against sexual freedom committed against girls, boys or adolescents;
b)

Application of psychological or psychiatric treatments, such as measures of
security, for people with an enforceable conviction for crimes
against sexual freedom, committed against girls, boys or adolescents, during
the time that the specialists consider pertinent, even after having
completed his custodial sentence;

c)

Prohibition for the persons described in the preceding paragraphs, that a
once the criminal sanction has been served, live, work or stay near parks,
recreation and recreation centers for girls, boys and adolescents, units
educational, or places in which there is concurrence of this population,
regardless of the application of the imprisonment sentence imposed;

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d)

Both public and private institutions that carry out work in the
which are related to girls, boys or adolescents, for hiring purposes
personnel, must previously submit the applicants to examinations
psychological evaluating them as a suitability requirement; Y

and)

The Judges or Judges in criminal matters, who issue convictions for
crimes against sexual freedom, committed against girls, boys or adolescents,
They must include in these, the prohibitions provided for in paragraphs b) and c) of the
this Article.

II. The Judges and Judges in criminal matters and the Public Ministry, who know and
investigate crimes against sexual freedom, committed against girls, boys and adolescents,
have the obligation to prioritize and expedite them according to law, until their conclusion, under
responsibility.
ARTICLE 150. (PROTECTION AGAINST VIOLENCE IN THE EDUCATIONAL SYSTEM).
The protection of the life and physical and psychological integrity of the members of the community
educational, implies the prevention, attention and punishment of violence exerted in the Educational System
of the Plurinational State of Bolivia, in order to consolidate peaceful and harmonious coexistence,
the culture of peace, tolerance and justice, within the framework of Living Well, good treatment, solidarity,
respect, intraculturality, interculturality and non-discrimination among its members.
ARTICLE 151. (TYPES OF VIOLENCE IN THE EDUCATIONAL SYSTEM).
I. For the purposes of this Code, the following are considered forms of violence in the Educational System:
a) Peer Violence. Any type of abuse under the exercise of power
between two (2) students, or a group of students against one or one student
or participant, who is harassed, punished or harassed;
b) Violence Among Non-Peers. Any type of violence with exercise and / or
abuse of power from mothers, fathers, teachers, teachers, administrative staff,
service and professionals, who provide service within an educational unit
and / or center against the students and / or participants;
c) Verbal Violence. Referred to insults, shouts, disparaging words,
derogatory, disqualifying and / or degrading, expressed orally and repeatedly
among members of the educational community;
d) Discrimination in the Educational System. Behavior consisting of
any form of distinction, exclusion, restriction or preference based on reason
of sex, color, age, sexual orientation and gender identity, origin, culture,
nationality, social and / or health, educational level, different abilities
and / or in a situation of physical, intellectual or sensory disability, state of
pregnancy, origin, physical appearance, dress, surname or others, within the
education system;
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e) Gender Based Violence. Any act of violence based on
belonging to a gender identity that has or may result in
physical, sexual or psychological harm or suffering for any member of the
educative community;
F)

Violence Due to the Economic Situation. Any act aimed at
discrimination against any of the members of the educational community,
based on their economic situation, which affects coexistence relations
harmonious and peaceful; Y

g) Cyber ​Violence in the Educational System. It occurs when a
or a member of the educational community is harassed or harassed, threatened
or threatened, harassed or harassed, defamed or defamed, humiliated or humiliated,
maliciously by another or other people, causing emotional distress and
concern, through emails, video games connected to the
internet, social media, blogging, instant messaging and texting to
through the internet, mobile phone or any other information technology and
communication.
II. The types of violence described in this Article will be considered infractions.
as long as they do not constitute crimes.
ARTICLE 152. (PREVENTIVE AND PROTECTIVE MEASURES IN THE SYSTEM
EDUCATIONAL).
I. In order to prevent, stop and eliminate violence, aggression and / or harassment in the units
educational institutions and / or centers, the following collective actions are established that the
educational community will adopt:
a) Elaborate and develop non-violence measures to resolve tensions and
emerging conflicts;
b)

Develop a culture of peaceful and harmonious coexistence of non-violence,
explicitly rejecting any behavior and acts that provoke
bullying and victimization;

c) Breaking the culture of silence and fear by denouncing behaviors and acts of
any type of violence;
d) Develop a Plan of peaceful and harmonious Coexistence, according to the reality of
each educational unit and / or center;
and)

Disseminate and promote norms against violence, aggression and / or harassment in
educational units and / or centers; Y

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F)

Report serious cases and false reports.

II. The Plan of Peaceful and Harmonious Coexistence will be mandatory for each one
of the educational units and / or centers, and must be prepared by the authorities
superiors, in an open participatory and plural process, which compulsorily calls
to all members of the educational community, within the framework of the Constitution
State policy, international treaties and conventions on rights and guarantees
of girls, boys and adolescents, according to regulations.
III. The Peaceful and Harmonious Coexistence Plan must contain the following guidelines:
a) The rights and duties of the members of the educational community and / or
centers;
b)

Rules of conduct favorable to peaceful and harmonious coexistence, good
treatment of the educational community;

c)

The disciplinary procedure that describes in detail the behaviors that
they violate the norms of coexistence;

d) The description of the internal sanctions that define the educational units
and / or centers, be they public, private and by agreement;
and)

The framework procedure for the adoption of disciplinary decisions that must
be subject to criteria and values ​known by national educational norms,
departments, municipalities and the region, avoiding in any way
arbitrary decisions;

F)

The description of alternative procedures for conflict resolution,
if the community so establishes it, as long as they are not against any
rule;

g)

The submission of annual reports on cases of harassment, violence and / or abuse
in its various manifestations, to the Ministry of Education;

h)

The organization of training programs and workshops aimed at prevention;
Y

i)

The programming of activities, with the exclusive purpose of promoting a climate of
peaceful and harmonious coexistence within educational units and / or centers.

IV. The Plan of Peaceful and Harmonious Coexistence must be inserted within the planning
annual education units and / or centers, and be evaluated annually.
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ARTICLE 153. (VIOLENCE INFRACTIONS AGAINST GIRLS, BOYS AND
TEENAGERS).
I. The Judge or Public Judge in matters of Childhood and Adolescence, upon complaint of the
Ombudsman for Children and Adolescents, will know and sanction the following infractions
for violence:
to)

Submission to physical punishment or other forms that degrade or affect the
dignity of the girl, boy or adolescent, even by way of disciplinary measures
or educational, except injuries typified in criminal law;

b) Emotional or psycho-affective abandonment in the daily relationship with their
mother, father, guardian or guardian, guardian or guardian;
c)

Lack of adequate and timely provision of food, clothing, shelter, education
or taking care of your health, having the possibilities to do so;

d)

Use of the girl, boy or adolescent, as an object of pressure, blackmail,
harassment in family conflicts;

and)

Use of the child or adolescent as an object of pressure or blackmail
in social conflicts, as well as the instigation to participate in any type of
measures of fact;

F)

Arbitrary transfer and retention of the girl, boy or adolescent, by any
a member of the family of origin that distances him from the authority exercised by his
mother, father, guardian or guardian, guardian or guardian, or extraordinary guardian;

g) Induction of the girl, boy or adolescent to the consumption of substances harmful to their
Health;
h) Requirement of activities in the family that endanger education, life,
health, integrity or image of the girl, boy or adolescent; Y
i) Violence in the school environment, both by peers and non-peers, without prejudice to the fact that
the criminal action is followed, and provided that it is typified in the regulations
penal.
II. These actions do not need to be permanent to be considered infractions.
ARTICLE 154. (SPECIALIZED ATTENTION TO VICTIMS AND WITNESSES OF
CRIMES). The Public Ministry through its specialized units and the Ministry of Justice to
through the Plurinational Victim Assistance Service System-SEPDAVI, within the framework of its
competencies, they will attend to the girl, boy or adolescent who was a victim or witness of crimes, for their
psycho-affective recovery, providing:
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a) Respectful specialized treatment, with quality and warmth, under conditions of
secrecy, confidentiality, in your mother tongue or appropriate language and with the
assistance from a multidisciplinary team; Y
b)

The application of official care protocols and critical routes, taking into account
The advance of the test also counts to avoid revictimization.

ARTICLE 155. (OBLIGATION TO REPORT).
I. All persons, whether individuals, servants and public servants, who have
knowledge of acts of violence against girls, boys or adolescents, are
obliged to report them within a maximum period of twenty-four (24) hours of acquaintance
the fact, before the Defenders for Children and Adolescents or any other authority
competent.
II. In the absence of the instances described in the previous paragraph of this Article,
You may go to the rural native indigenous authorities, who, depending on the case,
They must submit the complaint to the competent authorities.
ARTICLE 156. (PERMANENT PREVENTION AND CARE PROGRAMS).
I. At all levels of the State, there must be permanent programs of
prevention and care of violence against children or adolescents.
II. The Public Ministry, Judges and Public Judges of Children and Adolescents, are obliged
to coordinate with the corresponding authorities, the development of special actions
that avoid the re-victimization of the girl, boy or adolescent.
ARTICLE 157. (RIGHT OF ACCESS TO JUSTICE).
I. Girls, boys and adolescents have the right to request protection and restitution
of their rights, with all the means provided by law, before any person,
public or private entity or body.
II. All protection, restitution and restoration of the rights of the girl, boy and adolescent,
must be resolved in jurisdictional and non-jurisdictional areas, through instances
specialized and agile and timely procedures.
III. Girls, boys and adolescents have the right to go personally or through
his mother, father, guardian or guardian, guardian or guardian, before the competent authority,
independent and impartial, for the defense of their rights and that it decides on their
request in a timely manner.
IV. The preeminence of the rights of the girl, boy and adolescent also implies the
State guarantee to seek the restitution and restoration of the right to integrity
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physical, psychological and sexual. Any form of conciliation or transaction in
cases of girls, boys or adolescents who are victims of violence.

CHAPTER IX
DUTIES OF THE GIRL, BOY AND ADOLESCENT
ARTICLE 158. (DUTIES). The girl, boy and adolescent have the following duties:
a) Preserve your life and health;
b)

Assume their responsibility as active subjects in the construction of the
society;

c)

Know, exercise, preserve and defend their rights and respect the rights of
the other people;

d)

Use the opportunities offered by the State, society and their family to
its integral development;

and)

Respect your mother, father, guardian or guardian, guardian or guardian, teachers or
teachers and everyone;

F)

Comply with their obligations in the educational field;

g)

Act honestly and co-responsibility in your home and in all areas;

h)

Respect, comply with and obey the legal provisions and legitimate orders that
emanate from public power;

i)

Honor the homeland and respect its symbols;

j)

Respect the environment and mother earth; Y

k) Value cultures and national production.

TITLE II
PLURINATIONAL SYSTEM OF COMPREHENSIVE PROTECTION
OF THE GIRL, BOY AND ADOLESCENT
CHAPTER I
GENERAL DISPOSITION
ARTICLE 159. (SCOPE).
I. The Plurinational System for the Comprehensive Protection of Girls, Boys and Adolescents-SIPPROINA,
It is the articulated set of bodies, instances, institutions, organizations, entities
and services. This System will execute the Plurinational Plan for Girls, Boys and Adolescents,
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whose specific objectives, strategies and programs have as their primary objective,
guarantee the full enjoyment of the rights of girls, boys and adolescents.
II. The System works at all levels of the State, through intersectoral actions
of public interest, developed by entities of the public sector and the private sector.

ARTICLE 160. (PRINCIPLES).
I. The Plurinational System for the Comprehensive Protection of Girls, Boys and AdolescentsSIPPROINA, will be organized and governed under the principles of legality, comprehensiveness,
democratic participation, gender equity, efficiency and effectiveness, decentralization and
interculturality.
II. The actions of the members of the System, in addition to being governed by the principles
indicated in the previous Paragraph of this Article, will be subject to the principles of
articulation, cooperation, transparency, good faith and gratuitousness.
ARTICLE 161. (MEMBERS OF THE SYSTEM). The Plurinational Protection System
Integral de la Niña, Niño y Adolescente - SIPPROINA, is made up of:
to)

The Ministry of Justice;

b) The Sectoral and Intersectoral Coordination Council for issues of the girl, boy
and adolescent;
c) The Congress of the Rights of the Girl, Boy and Adolescent;
d) The Departmental Technical Instance of Social Policy;
e) The Defenders for Children and Adolescents;
F)

The Committees of Girls, Boys and Adolescents;

g) Social organizations and civil society, through the mechanisms that
establishes the Law of Participation and Social Control;
h) Authorities of the peasant native indigenous nations and peoples;
i)

The Public Courts in matters of Childhood and Adolescence;

j)

The Plurinational Constitutional Court;

k) The Ministry of Labor, Employment and Social Security;
l)

The Ministry of Development Planning; Y

m) Other instances related to the protection of girls, boys and adolescents.
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ARTICLE 162. (MEANS OF PROTECTION).
I. In order to achieve its objectives, the Plurinational System for the Comprehensive Protection of the Girl Child,
Child and Adolescent-SIPPROINA, has the following means:
to)

Public politics;

b) Plurinational Plan for Girls, Boys and Adolescents;
c) Departmental and Municipal Plans for Girls, Boys and Adolescents;
d) Plurinational Program for Girls, Boys and Adolescents, Departmental Program
and Municipal Children and Adolescents, and others for protection, prevention and
attention;
and)

Protection measures;

F)

Administrative bodies at the central, departmental, municipal, and indigenous levels
native peasant;

g)

Protection court;

h) Legal proceedings;
i)

Defense actions provided for in the Political Constitution of the State; Y

j)

Sanctions

II. The State and society have a shared obligation to guarantee the formulation,
execution and control of these media, and it is a right of girls, boys and adolescents
demand compliance.

CHAPTER II
POLICIES, PROGRAMS, MEASURES, ENTITIES OF
ATTENTION AND SANCTIONS
SECTION I
POLICIES
ARTICLE 163. (SCOPE, RESPONSIBLE AND IMPLEMENTATION).
I. The Policies for the Comprehensive Protection of the Girl, Boy and Adolescent, constitute the
systematic set of guidelines and guidelines of a public nature, the purpose of which
is to guarantee the full enjoyment of the rights of girls, boys and adolescents.
II. In the development, approval and monitoring of policies, they are responsible for
family, the State and society, in accordance with the provisions of this Code.
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The participation of society in the formulation of policies should include
as a priority the consultation of girls, boys and adolescents, and take into account
intercultural and intergenerational aspects.
III. The Comprehensive Protection Policies will be implemented through the formulation,
execution, evaluation and monitoring of plans, programs and projects.
ARTICLE 164. (TYPES OF POLICIES).
I. They are public policies on the Comprehensive Protection of the Girl, Boy and Adolescent,
the following:
a) Prevention, which include prevention policies and programs and
promotion of rights regarding situations that could threaten the
integrity and dignity of girls, boys and adolescents, and their recognized rights
in this Code;
b) Assistance, which include policies necessary to protect the
girls, boys and adolescents who are in situations of vulnerability
or social exclusion, due to extreme poverty, natural disasters or other
conditions that impede the development of their capacities;
c) Special Protection, which include actions aimed at preventing
or restore the rights that are threatened or violated of the
girls, boys and adolescents victims of abuse, mistreatment, exploitation, in a situation
street; pregnant girls and adolescents, workers or workers,
consumers or consumers of alcohol or psychotropic substances or
narcotics, suffering from diseases such as HIV / AIDS, and other
situations that require special protection; Y
d) Basic Social, which refer to policies that generate conditions
minimum and universal standards that guarantee the development of the entire population and
particularly for girls, boys and adolescents, relating to health, education,
housing, security and employment; with special attention to girls and boys in
early childhood, including measures to support the family in the care and
development of the first years of life, due to the importance that these years have

in the development of people.
II. Policies for girls, boys and adolescents must be harmonized with the other
policies and general plans of the State and will be derived in the Plurinational Plan of the Girl,
Child and Adolescent to be produced every five years.
III. The Policies established in this Code must be implemented in a manner
gradual and compulsory at all levels of the State, according to their competences.
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ARTICLE 165. (PURPOSES OF THE PROTECTION POLICIES). The priority purposes that
pursued by the Policies for the Comprehensive Protection of Girls, Boys and Adolescents, are:
a) Strengthening the fundamental role of the family;
b)

Participation of society in the comprehensive protection of the girl, boy and
Teen;

c)

Definition of public actions that guarantee the full enjoyment of the rights of
girls, boys and adolescents;

d) Implementation of strategies that guarantee effective and efficient articulation
of state decisions and public management, at all levels, in what
it concerns the protection of the rights of girls, boys and adolescents;
e) Guarantee of processes of selection, training and evaluation of servants and
public servants in charge of the care, prevention and protection of girls,
children and adolescents, at all levels of the State, as part of the
Protection, ensuring its suitability to guarantee the effective exercise of the
rights of girls, boys and adolescents.
F)

Allocation of human, material and financial resources for protection
integral of the girl, boy and adolescent;

g)

Promotion, dissemination and education on the rights of the girl, boy and adolescent,
generating a culture of respect and awareness in society; Y

h) Others that ensure the integral protection of the girl, boy and adolescent.

SECTION II
PROTECTION PROGRAMS
ARTICLE 166. (PURPOSE AND PRIORITY).
I. The programs for the comprehensive protection of girls, boys and adolescents have the purpose of
assistance, prevention, care, comprehensive care, training, family and social insertion,
cultural promotion, strengthening of affective relationships, communication, promotion and
defense of rights, and other values, in favor of girls, boys and adolescents. Also
carry out programs for the specific compliance of protection measures
issued by the competent authority.
II. The content of the programs and actions developed by the executing entities
public and private, must respect the condition of subjects of rights of girls,
children and adolescents, guaranteeing their best interests, providing them care and attention
required according to their evolutionary process, paying special attention to measures
intended for the first years of life subject to the Political Constitution of the State,
provisions of this Code and international treaties and conventions regarding
Childhood and adolescence.
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III. The Plurinational Comprehensive Protection System will implement the Plurinational Plan of the
Girl, Boy and Adolescent, the Departmental Program of the Girl, Boy and Adolescent and the
Municipal Program for Girls, Boys and Adolescents, each developing in the field
of its competences the Program of Shelters and Shelters, the Program
of Family Orientation, and Comprehensive Care and Attention Programs for Children in
his early childhood, among others.
IV. In consideration of Paragraph III of this Article, and within the scope of its powers,
the different levels of the State will privilege:
a) Programs for the care of girls, boys and adolescents living on the streets.
For the purposes of this Law, it is understood by girls, boys or adolescents in
street situation, those who have been totally or partially disconnected from their
families, adopting the street as a space for habitat, housing and overnight, or for
socialization, structuring of social relationships and survival;
b) Specific programs to prevent the association of adolescents in gangs.
Gangs are understood to be groups of adolescents whose purposes
The objectives are the illegal activities that put their lives, their
peers or third parties; Y
c)

Comprehensive care programs for the girl or boy in early childhood that
provide support to families and entities that are legally in charge
girls, boys and adolescents in the tasks of comprehensive care, education,
nutrition and protection due to the importance of these first years of life.

ARTICLE 167. (ACCREDITATION AND SUPERVISION).
I. The programs must be accredited and supervised by the competent authority of the
level of the State where they are executed.
II. The technical content, execution methodology and the human and material resources of
the programs will be set within the limits of this Code through regulations.

SECTION III
PROTECTION MEASURES
ARTICLE 168. (SCOPE AND COMPETENT AUTHORITY).
I. The protection measures are mandatory compliance orders, emanating from the
Judge or Public Judge in matters of Childhood and Adolescence, is the competent authority,
in the face of a threat or violation of the rights of girls, boys or adolescents.
II. The threat or violation referred to in the previous Paragraph of this Article,
It can occur by action or omission of the State, through its servants or servants
public; of members of the society, of their mother, father, guardian or guardian,
tutor or tutor, or of the boy, girl or adolescent.
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ARTICLE 169. (TYPES OF PROTECTION MEASURES).
I. The Judge or Public Judge in matters of Childhood and Adolescence, by means of a procedure
established in this Code, may impose the following measures of
protection:
to)

To the mother, father, guardian or guardian, guardian or guardian:
1. Warning and admonition;
2. Mandatory inclusion in governmental or non-governmental programs
promotion of the family;
3. Inclusion in governmental or non-governmental programs of
treatment of alcoholics or drug addicts;
4. Obligation to receive psychological or psychiatric treatment;
5. Obligation to attend orientation courses or programs;
6. Obligation to register and control school attendance and achievement
of the daughter, son, ward or ward;
7. Obligation to provide the child and adolescent with treatment
corresponding specialized; Y
8. Separation from the mother or father who abuses the girl, boy or adolescent,
of its surroundings.

b)

To thirds:
1. Warning and admonition;
2. Order for the immediate cessation of the situation that threatens or violates the right;
3. Order for the return of the girl, boy and adolescent to the home of the
been abducted or violently abused;
4. Prohibition or temporary restriction of the presence of anyone who threatens or violates
rights of girls, boys and adolescents at home, frequented places,
educational community or workplace, in the case of adolescents; Y
5. Prohibition or restriction of the traffic of the accused through the places that
the girl, boy or adolescent travels.

c) To girls, boys and adolescents:
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1. Inclusion in one or more programs referred to in this Code;
2. Order of psychological or psychiatric medical treatment, as well as the
intended for the prevention or cure of alcohol dependence or other
psychotropic or narcotic substances;
3. Order to stay in school;
4. Separation of the adolescent from work activity;
5. Integration into a foster family; Y
6. Inclusion in a foster care entity.
II. Other protection measures may be applied, if the nature of the situation warrants
the preservation or restitution of the affected rights, within the limits of the
competence of the authority that imposes it.
III. Failure to comply with protection measures by the mother, father, guardian
or guardian, guardian or tutor, or third parties, constitutes an infringement and will be sanctioned according to
to what is established in this Code.
ARTICLE 170. (CRITERIA FOR THE DETERMINATION OF MEASURES OF
PROTECTION). The judicial authority in matters of childhood and adolescence, for the determination
of protection measures, you should consider the following criteria:
a) Protection measures can be imposed in isolation, simultaneously
or successive;
b)

In the application of the measures, the pedagogical ones should be preferred and those that
promote ties with the family and the community to which the girl belongs,
the child and the adolescent;

c)

The imposition of one or more protection measures does not exclude the possibility of
apply, in the same case and concurrently, the sanctions contemplated
in this Code and other regulations in force, when the violation of the rights
of girls, boys and adolescents, imply transgression of character norms
civil, administrative or criminal; Y

d)

Protection measures, except adoption, will be reviewed every six (6)
months, from the moment they were imposed and may be replaced,
modified or revoked, when the circumstances that
caused.

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SECTION IV
PROTECTION SYSTEM SERVICE ENTITIES
ARTICLE 171. (NATURE, AUTHORIZATION AND CONTROL).
I. The entities serving the protection system are institutions of public interest
that they execute and where the protection measures ordered by authority are complied with
judicial. They can be constituted through any form of organization or association
legal, public, private or mixed.
II. The public entities, at the level of the State that corresponds to them, will execute the Plan
Plurinational, the Departmental Plan and Municipal Plan.
III. Private care entities must obtain authorization and registration of
operation before the competent authority.
IV. The instance that authorizes the operation of private entities, must control the
implementation of programs and compliance with protection measures in favor of girls,
children and adolescents.
ARTICLE 172. (SERVICE ENTITIES). The following are service entities:
1. Comprehensive nurseries and children's centers;
2. Orientation and socio-family support services;
3. Legal and psychosocial care services;
4. Foster family integration service;
5. Shelter centers;
6. Guidance and treatment centers for dependent girls, boys and adolescents
of alcohol and drugs; Y
7. Others provided for in special programs.
ARTICLE 173. (OBLIGATIONS OF THE ENTITIES FOR AN EFFECTIVE
ATTENTION). The care entities must abide by the rules of this Code,
respecting the principle of the best interests of the girl, boy or adolescent, and comply with the following
obligations in relation to these and these:
1. Preserve family ties;
2. Try not to separate siblings;
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3. Respect the identity of the girl, boy or adolescent, and guarantee an environment
suitable;
4. Carry out the personal and social study of each case;
5. Serve them or attend them individually;
6. Guarantee food, clothing and housing, as well as objects
necessary for their hygiene and personal hygiene;
7. Guarantee medical, psychological, psychiatric, dental or
pharmaceutical;
8. Avoid re-victimization;
9. Guarantee their access to education;
10. Guarantee the fulfillment of cultural and recreational activities;
11. Respect the possession of your personal belongings and the corresponding registration
of your belongings;
12. Guarantee the right to be informed or informed about the
events that occur in the community, department, your country and the
world, and to participate in the life of the local community;
13. Prepare them or prepare them gradually, for their separation from the entity;
14. Carry out the follow-up of girls, boys and adolescents who leave the
entity; Y
15. Others necessary for effective care.
ARTICLE 174. (RECEPTION CENTERS).
I. The shelters will receive, after a court order, girls, boys and adolescents,
only when there is no other means for the immediate protection of rights and
guarantees violated or threatened.
II. The shelters will receive, on an exceptional and emergency basis, girls,
children and adolescents who have not been imposed a protection measure. On
In this case, the foster care center has the obligation to communicate the foster care to
the nearest Public Judge in matters of Childhood and Adolescence, within the
twenty-four (24) hours following.
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III. The judicial authority will issue a determination on the situation of the girl, boy or
adolescent within a maximum period of thirty (30) days, from the knowledge of the fact.
ARTICLE 175. (DENUNCIATION OBLIGATION).
I. All persons have the obligation to report to the Children's Ombudsman and
Adolescence, cases of threat or violation of the rights and guarantees of the
girls, boys and adolescents, who are institutionalized in an entity of
attention.
II. Servants and public servants have the duty to report such threats
or violation, and the omission of a complaint constitutes an infringement that will be sanctioned
in accordance with the provisions of this Code.

SECTION V
SANCTIONS
ARTICLE 176. (SANCTIONS).
I. The Judge or Public Judge in matters of Childhood and Adolescence, in case of infractions
provided for in this Code, in accordance with a common procedure, may impose the
following sanctions:
to)

Provision of services to the community;

b)

Fine, for natural persons, from one (1) to one hundred (100) minimum wages, and for
legal persons from one hundred (100) to two hundred (200) minimum wages;

c)

Arrest from eight (8) to twenty-four (24) hours; Y

d)

Temporary suspension from office, function, profession or trade.

II. The fines imposed will be deposited in a specific account of the General Treasury of
the Nation-TGN, for the implementation of the Comprehensive Protection System for Girls, Boys
and Adolescent-SIPPROINA. Its administration will be established by regulation.
III. The sanctions will be imposed according to the severity and duration of the offense,
damage caused, the economic capacity of the offender, recidivism, without prejudice to the
criminal and administrative liability that may arise from the case.

SECTION VI
DEFENSE ACTIONS APPLIED AGAINST VIOLATION OF
RIGHTS OF GIRLS, BOYS AND ADOLESCENTS
ARTICLE 177. (DEFENSE ACTIONS). In case of threat or violation of rights
individual, collective or diffuse of girls, boys or adolescents, whether by action or omission, committed
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by individuals, public or private institutions, you may go to the competent authority,
filing the corresponding defense actions, in order to stop the threat
or restore the right, in accordance with the provisions of the Political Constitution of the State and the Code
Constitutional procedural.

CHAPTER III
DISTRIBUTION OF RESPONSIBILITIES FOR THE MANAGEMENT OF THE
PROTECTION SYSTEM FOR CHILDREN AND ADOLESCENTS
SECTION I
CENTRAL LEVEL
ARTICLE 178. (CENTRAL LEVEL). They are responsibilities of the central level of the State,
through the competent ministries, the following:
a) Become the Central Authority in international conventions and treaties
related to childhood and adolescence;
b)

Represent and direct international relations on the matter, within the framework of
foreign policy, and coordinating international cooperation actions;

c) Align and harmonize the actions of international cooperation related to
the girl, boy and adolescent; Y
d) Register the private institutions of attention to the girl, boy and adolescent.
ARTICLE 179. (MINISTRY OF JUSTICE). They are attributions of the Ministry of Justice
as the governing body of the Plurinational System for the Comprehensive Protection of Girls, Boys and AdolescentsSIPPROIN:
to)

Prepare the basic proposal of policies for girls, boys and adolescents, and the
Plurinational Plan for Girls, Boys and Adolescents;

b) Implement the Plurinational Plan for Girls, Boys and Adolescents, which
develop the Prevention and Protection Program for Girls, Boys and
Adolescents under fourteen (14) years of age in work activity, the Program
Comprehensive Fight against Sexual Violence against Girls, Boys and Adolescents, and
others;
c)
Formulate the general guidelines for the operation of the
Protection;
d)

Summon and coordinate the formation and operation of the Council of
Sectorial and Intersectoral Coordination for issues of the girl, boy and adolescent;

and)

Convene and coordinate the Five-Year Congress on the Rights of the Girl, Boy and
Teen;
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F)

Articulate the different levels of the State and other members of the
Protection for the fulfillment of the attributions that are conferred to them by
this Code;

g) Know, evaluate and comment on the Plurinational Intersectoral Plans that
prepare the competent bodies;
h) Monitor and control public policies and actions
plurinational related to girls, boys and adolescents;
i)

Report to the competent bodies, the omission or irregular provision
public services of central level competence, insofar as they threaten or
violate the rights and guarantees of girls, boys and adolescents;

j)

Issue an opinion regarding the percentage of the national budget that should be
aimed at executing basic national policies and assistance, in order to
ensure the exercise of the rights and guarantees of girls, boys and adolescents;

k) Know, analyze and evaluate reports on the situation of girls, boys and
adolescents presenting themselves nationally and internationally;
l)

Promote the knowledge and dissemination of the rights, guarantees and duties of
girls, boys and adolescents;

m) Promote and support the creation and operation of instances and services of
protection of girls, boys and adolescents;
n)

Create, manage and update permanently, in coordination with the Institute
National Statistics-INE, the Information System for Girls, Boys and
Adolescents-SINNA, which will record and contain specialized information
on the rights of the girl, boy and adolescent, as well as data on
to the work activity or work carried out by own account or employed, according to
to specific regulations, suitable for the adoption and monitoring of policies
public;

o) Register national programs for prevention, care, and
protection of girls, boys and adolescents;
p)

Develop actions for the promotion, protection and restitution of the rights of the
and the working adolescent; Y

q)

Supervise the private institutions of attention to girls, boys and adolescents.

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ARTICLE 180. (SECTORAL AND INTERSECTORAL COORDINATION COUNCIL
FOR TOPICS OF THE GIRL, BOY AND ADOLESCENT).
I. The governing body will form the Sectoral and Intersectoral Coordination Council, to
issues of the girl, boy and adolescent with authorities representing the central level,
departmental level and municipal level, assuming decisions that will be binding on
all public and private institutions.
II. It may form sub-councils for sectoral and intersectoral coordination according to the
needs.
III. They are minimum functions of the Sectoral and Intersectoral Coordination Council to
themes of the girl, boy and adolescent:
a) Coordinate the articulation of the design, implementation and monitoring of policies,
plans, strategies, programs, projects and regulations for girls, boys and
teenagers; Y
b)

Promote agreements for the development and implementation of policies, plans,
programs, strategies, projects and regulations for girls, boys and adolescents.

IV. The operation and members will be subject to specific regulations that will be approved
by the Ministry of Justice.
ARTICLE 181. (QUINQUENAL CONGRESS ON THE RIGHTS OF THE GIRL, BOY AND
TEEN).
I. The Five-Year Congress on the Rights of the Girl, Boy and Adolescent is an instance
deliberative and comptroller, integrated through the widest call at the national level.
It will be convened by the Ministry of Justice and will participate in the Congress, representations
of the institutions of the central level of the Plurinational State; representations of
Autonomous Departmental and Municipal Governments; authorities of the Nations and
Peasant Indigenous Peoples; representatives of the Committees on the Rights of
Girls, Boys and Adolescents and representatives of civil society related to
the work of care, prevention and protection of children and adolescents, and with the
guarantee of your rights.
II. The Congress of Rights will meet once every five (5) years, in order to approve the
Plurinational Plan for Girls, Boys and Adolescents, and evaluate compliance with the Plan of the
Previous period. Your decisions will be binding.

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SECTION II
DEPARTMENTAL LEVEL
ARTICLE 182. (ATTRIBUTIONS OF THE AUTONOMOUS GOVERNMENTS
DEPARTMENTALS). They are attributions of the Autonomous Departmental Governments, the
following:
to)

Exercise the departmental rectory on issues of the girl, boy and adolescent;

b) Establish, implement and institutionalize departmental management instances
social, protection and care for girls, boys and adolescents, for which it is
take into account the principle of absolute priority;
c) Design and implement the Departmental Plan for Girls, Boys and Adolescents, in
the national policy framework;
d) Ensuring quality, professionalism and suitability, as well as updating
permanent technique of the servants and public servants who provide
services to the girl, boy or adolescent;
e) Comply with the administrative guidelines and procedures on the execution of
measures regarding international restitution, extradition and protection of the
girl, boy or adolescent victim of irregular transfers, trafficking and smuggling, according to
corresponds;
F)

Generate and send the necessary information to the National Information System of
the Girl, Boy and Adolescent-SINNA;

g)

Contribute to the formulation of national policy, by submitting the
information that is required by the central level;

h) Create an instance to monitor the operation of public services
departments regarding the rights of girls, boys and adolescents from
its jurisdiction;
i)

Promote the participation of society in activities of dissemination, promotion,
development and attention to the rights and guarantees of girls, boys and
adolescents, stimulating the creation of private initiative programs,
according to the needs of the department;

j)

Support the formation and operation of the Departmental Committee for Girls,
Children and Adolescents;

k)

Prepare an annual report on the situation of the girl, boy and adolescent in their
jurisdiction;

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l)

Accredit and supervise the private institutions of attention to the girl, boy and
adolescent, at the departmental level; Y

m) Take the necessary actions to ensure the protection and care of
girls, boys and adolescents of mothers, fathers or both, deprived of liberty, in
shelters or shelters, under the responsibility of the Technical Instance
Department of Social Policy; as long as they are confined
or incarcerated in prisons.
ARTICLE 183. (POWERS OF THE DEPARTMENTAL TECHNICAL INSTANCE
SOCIAL POLICY). The Departmental Technical Instances of Social Policy will depend on
the governorates and will have the following powers:
a) Provide guidance and socio-family and educational support services;
b)

Provide legal and psycho-social care services;

c)

Develop foster care programs;

d) Execute substitute family programs, under the modality of guardianship, guardianship and
national adoption;
e) Exhaust all means to provide the child or adolescent with a
substitute family in national territory;
F)

Comply with the guidelines and administrative procedures on adoptions,
emanating from the Central Authority of the Plurinational State, in accordance with
established in this Code;

g)

Generate promotion programs for national adoptions;

h) Provide specialized technical preparation and selection services for
adoptive candidates, suitability qualification and post-adoptive follow-up,
for national and international adoptions, extending the documentation
correspondent;
i)

Keep a single registry of applicants for the adoption of a girl, boy and
adolescent fit for adoption;

j)

Supervise the private institutions of attention to girls, boys and adolescents in
their jurisdiction, as well as the programs they run;

k) Design, implement and manage, nurseries, comprehensive children's centers,
counseling and treatment centers for girls, boys and adolescents in a situation
street, counseling and treatment centers for girls, boys and adolescents,
alcohol and drug dependents, victims of trafficking and smuggling;
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l)

Design and implement Comprehensive Child Development programs for girls and
children up to five (5) years of age;

m) Design and implement outreach programs with girls, boys and
adolescents living on the streets, for the restitution of their rights; Y
n)

Others that favor the girl, boy and adolescent, within the framework of their
competencies.

SECTION III
MUNICIPAL LEVEL
ARTICLE 184. (POWERS OF THE MUNICIPAL AUTONOMOUS GOVERNMENTS).
The following are attributions of the Autonomous Municipal Governments:
a) Exercise municipal stewardship for the guarantee of the rights of the girl, boy and
Teen;
b)

Design and implement the Municipal Plan for Girls, Boys and Adolescents, in the
national policy framework;

c)

Ensure quality, professionalism and suitability as well as technical updating
permanent service of the servants and public servants, who provide services to the
girl, boy or adolescent;

d) Institutionalize and provide human and material resources to the Defenders of
Children and Adolescents, and create them in places where they do not exist;
and)
Monitor and control the Policy and the Municipal Plan;
F)

Contribute to the formulation of the National Policy, by submitting
information that is required by the central level;

g)

Create an instance to monitor the operation of municipal services
in the matter of protection of the girl, boy and adolescent;

h) Design and implement municipal prevention programs and services,
protection and care of the girl, boy and adolescent, for the fulfillment of the
social protection measures, in accordance with the provisions of this Code;
i)

Promote the participation of society through dissemination activities,
promotion, development and attention to the rights and guarantees of the girl, boy
and adolescents, stimulating the creation of private initiative programs of
according to the needs of the municipality;

j)

Promote the knowledge and dissemination of the rights and guarantees of the girl, boy
and adolescent, in their jurisdiction;

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k) Provide information to the statistical registry specialized in childhood and
adolescence, according to regulations;
l)

Support the formation and operation of the municipal committee for girls, boys and
teenagers;

m) Prepare the annual report on the situation of girls, boys and adolescents
in your jurisdiction, based on national indicators, and send it to the level
central;
n) Promote community participation on the rights of girls,
children and adolescents; Y
o) Others inherent to the exercise of their powers.
ARTICLE 185. (CHILDHOOD AND ADOLESCENCE OMBUDSMAN). The Ombudsman's Office
Childhood and Adolescence is the agency dependent on the municipal governments, which provides services
free psycho-socio-legal defense publics, to guarantee the girl, boy or adolescent the
validity of your rights.
ARTICLE 186. (COMPOSITION). The Ombudsman for Children and Adolescents is made up of
by interdisciplinary teams of lawyers, social workers or workers
social, psychologists or psychologists; and other professionals related to the subject, subject to
selection process within the framework of current regulations.
ARTICLE 187. (OPERATION). The Ombudsman for Children and Adolescents shall
organize and establish its operation as a single and indivisible service in accordance with the
characteristics of the municipality, taking into account at least demographic density, demands,
needs and capabilities. The Autonomous Municipal Governments must guarantee the service of
the Ombudsman for Children and Adolescents, in its jurisdiction.
ARTICLE 188. (POWERS). They are attributions of the Ombudsman for Children and
Adolescence, the following:
a) File demands, requests, complaints and appeals before the authorities
competent for behaviors and acts of violence, infractions, or crimes
committed against the girl, boy or adolescent, for this purpose it will not be required
express mandate;
b)

Appear ex officio and intervene in defense of the girl, boy or adolescent before
administrative or judicial instances, for any cause or motive and in
any state of the case, without the need for an express mandate;

c) Refer to the knowledge of the judicial authority, the cases that are not of its
competition or have ceased to be;
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d) Report to the competent authorities the cases in which it is not granted
priority in the care of the girl, boy or adolescent;
and)

File ex officio defense actions and other legal and administrative actions
necessary for the restitution of the rights of the girl, boy or adolescent;

F)

Request information on the exercise and respect of the rights of the girl, boy
and adolescent before any administrative or judicial instance;

g)

Keep a record of the time the girl, boy or adolescent stayed in
shelters;

h) Intervene so that the harm caused to girls, boys or adolescents is
repaired;
i)

Demand and intervene in processes of suspension, extinction of authority
maternal, paternal or ignorance of parentage;

j)

Identify the girl, boy or adolescent in a situation of adoptability, and report
to the Departmental Technical Instance of Social Policy;

k)

Intervene when the rights of the girl, boy or child are in conflict
adolescent with his father, mother, guardian or guardian, guardian or guardian;

l)

Promote voluntary recognition of affiliation or guide to make effective
the presumption of filiation;

m) Promote family assistance agreements for their homologation, ex officio by
competent authority;
n) Exhaust the means of investigation to identify the parents or
family members, and seek the establishment of parentage with them in case
protection of the girl, boy or adolescent, in accordance with the regulations of the
municipal authority;
or)

Intervene and request the national or international restitution of girls, boys or
adolescents, before the Central Authority or before the Public Court for Children and
Adolescence, according to the case;

p) In coordination with the departmental and regional work headquarters,
protect, defend and restore the rights of the adolescent worker;
q)

Request the imposition of municipal sanctions on public places, bars,
amusement centers, public shows, workplaces and others, which
violate the rights of girls, boys and adolescents;

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r)

Require other instances of the Autonomous Municipal Governments, compliance
of the obligations established in this Code;

s)

Create, implement and update the registry of girls, boys and adolescents in
labor activity or work, and send it to the Ministry of Labor, Employment and Social Security
Social;

t)

Provide temporary guidance, support and accompaniment to the girl, boy or
Teen;

or)

Refer to programs to help the family, the girl, boy or adolescent;

v)

Refer to specialized programs for the care of the girl, boy or adolescent
in a street situation;

w)

Refer the child or adolescent to medical, psychological or psychiatric care
on a hospital or outpatient basis, where appropriate;

x)

Refer to programs for help, counseling or treatment for cases of
dependence on alcohol or other drugs;

Y)

Occasionally welcome girls, boys and adolescents, according to the
provided for in this Code;

z)

Generate and refer to the Departmental Technical Instance of Social Policy, the
information necessary for5 the national information system;

aa) Carry out the inventory of movable and immovable property belonging to the
girl, boy or adolescent, in the corresponding cases;

bb) Issue citations in the exercise of their powers;
cc) Verify reports of violence with the authority to enter public places;
dd) Carry out actions for the recovery of personal and useful belongings
schoolchildren, where appropriate;
ee) Verify in the terminals, the relevant legal documentation, in case of travel
national;
ff)

Exceptionally authorize self-employment work carried out by
girls, boys or adolescents from ten (10) to fourteen (14) years old and the activity
employed by adolescents from twelve (12) to fourteen (14) years old; Y

gg) Compulsory registration of work activity authorizations on account
own made by girls, boys or adolescents from ten (10) to fourteen (14) years
and the employment activity of adolescents from twelve (12) to fourteen
(14 years.
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SECTION IV
INDIGENOUS PEASANT LEVEL
ARTICLE 189. (RESPONSIBILITIES OF THE ORIGINAL INDIGENOUS GOVERNMENTS
FARMERS). It corresponds to the Governments of the Indigenous Peasant Native autonomies,
exercise the responsibilities established for the Autonomous Municipal Governments, in their
respective jurisdiction.

SECTION V
GIRLS, BOYS AND ADOLESCENTS COMMITTEES
ARTICLE 190. (CREATION). The Committees of Girls, Boys and Adolescents are created, as
instances of social participation, at the central, departmental, municipal and indigenous levels
native peasant. The autonomous departmental and municipal governments and autonomies
native indigenous peasant women, will promote and assist the formation of said Committees
through technical advice and financial resources.
ARTICLE 191. (CONFORMATION AND OPERATION).
I. The Committees of Girls, Boys and Adolescents will be made up of representatives
of student organizations of public and private educational units and of
agreement that are between ten (10) and eighteen (18) years of age, respecting a
participation of at least fifty percent (50%) of girls and female adolescents.
They may also be made up of representatives of other girls' organizations,
children and adolescents.
II. The Committees will establish their structure and functional organization, according to
regulation, for the exercise of participatory democracy.
ARTICLE 192. (POWERS).
I. The following are attributions of the Committees of Girls, Boys and Adolescents:
to)

Participate in the development of policies and plans regarding girls,
children and adolescents are prepared in the Department or Municipality; Y

b) Carry out the follow-up and monitoring of compliance with policies, plans,
programs, projects, actions and regulations aimed at girls, boys and
adolescents in the Department and in the Municipality;
II. The Plurinational Committee for Girls, Boys and Adolescents, made up of the committees
departmental and municipal, will have the following attributions:
to)

Support the functioning and strengthening of the Departmental Committees and
Municipalities of the Girl, Boy and Adolescent; Y

b) Participate in the Congress on the Rights of Girls, Boys and Adolescents;
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BOOK II
JURISDICTIONAL PROTECTION
TITLE I
LEGAL PROTECTION
CHAPTER I
GENERAL DISPOSITION
ARTICLE 193. (PROCEDURAL PRINCIPLES). In addition to the principles established in the
Article 30 of the Law of the Judicial Organ, govern the special processes provided for in this Code,
the following:
a) Specialty. Justice in the matter of Girls, Boys and Adolescents, is developed
with the intervention of specialized interdisciplinary personnel;
b) Deformalization. The procedure should be made more flexible, avoiding all
ritual or formality in access to justice;
c) Presumption of Truth. To ensure the discovery of the truth, all
the authorities of the judicial system should consider the testimony of a
girl, boy or adolescent as true, as long as the
same;
d) Reserve. In any process, the necessary reserve will be kept to guarantee the
dignity and integrity of the girl, boy or adolescent;
e) Concentration. Determines the development of the procedural activity in the minor
number of acts to avoid their dispersion;
F)

Proportionality The application of any judicial measure to a girl,
child or adolescent must be related to their age and stage of development,
assessing all circumstances that may violate your rights;

g) Transparency. The procedural acts are characterized by granting the parties
useful and reliable information, facilitating their publicity in order to
that the jurisdiction complies with the purpose of protecting rights and interests that
deserve legal protection; Y
h) Statement. The jurisdictional authority has the obligation to
rule on the petitions presented by the parties, at each stage of the
the processes.
ARTICLE 194. (REPRESENTATION).
I. In legal proceedings, the girl, boy or adolescent will be legally represented by her
mother, father, guardian or guardian, guardian or guardian, as appropriate.
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II. When your interests conflict with those of your mother, father, guardian or guardian,
tutor or guardian, or when lacks legal representative, even momentarily,
the Judge or the Public Judge in matters of Childhood and Adolescence, will designate a guardian
extraordinary, who must be a representative of the Ombudsman for Children and Adolescents.
III. The negligence of the extraordinary guardian in the exercise of representation or abandonment
of the same without just cause, it will merit the imposition of an economic sanction not
less than three (3) national minimum wages, to be determined by the Judge or the Judge
of the cause.
ARTICLE 195. (PERFORMANCE BY GIRLS, BOYS AND ADOLESCENTS). The girl, boy
or adolescent is guaranteed to participate in any process in which he is a part and will be heard by
the judicial authority, who will always take into account your age and the characteristics of your stage of
growth.
ARTICLE 196. (ACCESS TO ACTS). Access to acts is allowed only at
parts. The judicial servant who without authorization allows access to third parties will be subject to
disciplinary process.
ARTICLE 197. (COMPUTATION OF DEADLINES). Unless otherwise provided, the procedural deadlines
established in this Code are computed in business days.

SECTION I
JURISDICTION AND JURISDICTION
ARTICLE 198. (JURISDICTION AND JURISDICTION).
I. The Judge or the Public Judge in matters of Childhood and Adolescence, exercises jurisdiction to
resolve the actions established by this Code. Will be competent in the field
territorial to which it was designated or designated.
II. The Judge or the Mixed Public Judge will be competent to resolve these processes in places
where there are no Public Courts on Childhood and Adolescence. In this case
must have the support of the interdisciplinary technical team of the Technical Instance
Department of Social Policy.
III. Substitutions in cases of absence or any impediment of the Judge or Judge
Public in matters of Childhood and Adolescence, will be subject to the provisions of the Law of the
Judicial authority.
ARTICLE 199. (COMPETITION RULES).
I. The territorial jurisdiction of the Judge or Public Judge in matters of Childhood and Adolescence,
is determined in the following order:

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a) The place where the violation of the rights of the girl, boy or
Teen; or the place where the adolescent over fourteen (14) years
committed a crime;
b) The address of the girl, boy or adolescent;
c) The circumstantial residence where the girl, boy or adolescent is; Y
d) The address of the father or mother, guardian or guardian, guardian or guardian, or
representative of the latter.
II. When there are two (2) or more equally competent judges, he acquires the
competition the first to have known the cause.

SECTION II
PUBLIC COURTS FOR CHILDREN AND ADOLESCENTS
ARTICLE 200. (REQUIREMENTS). To be a Judge or Public Judge for Children and Adolescents,
In addition to the requirements established by Article 61 of the Law of the Judicial Branch, it is required:
to)

Not having a history of non-compliance with family duties, violence
intrafamily or domestic, violence against the girl, boy or adolescent;

b)

Have experience and specialized training in family law, gender,
generational and / or of the girl, boy and adolescent, at least two (2) years old; Y

c)

Have experience and / or training in specialized criminal justice for adolescents.

ARTICLE 201. (JUDICIAL SUPPORT SERVANTS). The Public Courts in matters
of Children and Adolescents, have a Secretary or Secretary, one or an assistant, one or an official
proceedings and a professional interdisciplinary team of support and advice.
ARTICLE 202. (OBLIGATIONS OF THE SECRETARY OR SECRETARY). In addition to what
provided for in Article 94 of the Law of the Judicial Organ, are obligations of the Secretary or Secretary,
the following:
to)

Receive and register the oral demands presented before the Court;

b) Control the term granted to the interdisciplinary professional team and Instance
Departmental Technical of Social Policy, to submit reports to the Judge or the
Public Judge for Children and Adolescents upon expiration of the same;
c)

Record compliance with the measures and sanctions imposed on the
parents, guardians, guardians and third parties;
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d) Keep a record of national and international adoptions processed in
the Court;
and)

Control the term granted for post-adoption reports to submit reports
to the Judge or the Judge;

F)

Keep a record of the time of application of the socio-educational measures and
inform the Judge or Public Judge for Children and Adolescents of compliance
from the same;

g)

Custody the kidnapped evidentiary objects; Y

h) Others arranged by the Judge or the Judge.
ARTICLE 203. (INTERDISCIPLINARY PROFESSIONAL TEAM).
I. The interdisciplinary professional team is made up of professionals at work
social and psychology.
II. Each team is autonomous with respect to other similar teams in other courts, entities
state of the central level or autonomous territorial entities.
ARTICLE 204. (REQUIREMENTS OF THE INTERDISCIPLINARY PROFESSIONAL TEAM).
To access the positions of the interdisciplinary professional team, you must comply with the
following requirements:
to)

Have a Title in National Provision;

b)

Have specialized experience in the rights of girls, boys and adolescents or
human rights, forensic psychology and human development, of at least two (2)
years;

c) Have practiced their profession with honesty and ethics, at least for four (4) years;
Y
d)

Not having a history of non-compliance with family duties, violence
intrafamily or domestic and violence against girls, boys or adolescents.

ARTICLE 205. (DEPENDENCE AND FUNCTIONS). The Interdisciplinary Professional Team
depends directly on the Judge or Public Judge in matters of Childhood and Adolescence and under this
direction, has the following functions:
a) Provide advice and technical guidance that may be required;
b) Carry out technical evaluations of reports and antecedents presented to the
tried within his specialty;
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c) Prepare technical evaluations and investigations ordered by the Authority
Judicial;
d)

Follow up on social protection measures, measures imposed on
parents, guardian or guardian, guardian or guardian, or third parties, measures
administrative and judicial provisions;

and)

Present duly substantiated technical reports with suggestions and
recommendations; Y

F)

Others ordered by the judicial authority, which are inherent to their functions
exclusive, clear and precise.

ARTICLE 206. (WITHDRAWAL). The withdrawal in the proceedings against adolescents,
will give rise to consider the complaint or demand as not presented, except in cases of
violence.

CHAPTER II
JURISDICTION OF PUBLIC COURTS
ON CHILDHOOD AND ADOLESCENCE
ARTICLE 207. (COMPETITION). In addition to what is established by the Law of the Judicial Organ, the
Public Courts on Childhood and Adolescence have the following powers:
to)

Apply precautionary, conditional, protection measures and sanctions;

b) Know and resolve the judicial filiation within the framework of Article 111 of this
Code;
c)

Know and resolve requests for restitution of the authority of the mother, of the
father or both;

d) Know, resolve and decide on the violation of labor protection standards and
social for the adolescent established in this Code;
e) Resolve the restitution of the girl, boy or adolescent at the national level and
under the Inter-American Convention on Restitution
Minors International;
F)

Know and resolve ordinary guardianship and guardianship processes;

g)

Know and resolve national and international adoption processes; Y

h) Others that enable this Code and current regulations.
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ARTICLE 208. (ABANDONMENT OF PROCESS). The abandonment of the process that affects the girl,
child or adolescent, will not give rise to its file, and must continue until its conclusion, at the impulse of
Office of the Judge or Public Judge in matters of Childhood and Adolescence or of the Children's Ombudsman
and Adolescence.

CHAPTER III
COMMON PROCEDURE
ARTICLE 209. (DEMAND).
I. The demand will be presented in written form, with the following content:
to)

Directed to the Judge or Public Judge in matters of Childhood and Adolescence;

b) Summary of the object of the claim or what is requested or claimed;
c)

Name, surname and address of the plaintiff;

d) Name, surname and address of the defendant, when applicable;
e) The list of the facts that motivate the demand and the petition in terms
clear and precise;
F)

Alternative address, such as email, fax or other; Y

g)

Offering the proof, attaching the one you have in your possession and if you do not have it
at your disposal will individualize it in accordance with the provisions of this
Code.

II. When the plaintiff is the Ombudsman for Children and Adolescents, he does not need
accredit express mandate, neither the mother, father, guardian or guardian, guardian or
tutor.
III. If the defendant is a collective person, its representative must be identified
legal and indicate the name of the entity and its address.
IV. The lawsuit will not need a lawyer's signature and in this case it will be the address
the Secretariat of the Court.
ARTICLE 210. (ADMISSION).
I. Once the requirements have been reviewed, the Judge will admit the claim and order the summons to
the or the defendant.

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II. When the demand does not comply with what is required in subsections b), c), d) or e) of the Paragraph
I of the previous Article, will order to be completed within a period of three (3) days, under
warning of having it for not presented.
ARTICLE 211. (CITATION WITH THE LAWSUIT).
I. The summons with the demand will be practiced in person at the domicile of the or
the defendant. If the respondent cannot be found, the
proceedings will leave the cedulón to any of the relatives or dependents older than
eighteen (18) years and will sign the diligence. In case of refusal, a witness must sign
of action duly identified.
II. If none of the persons cited in the previous paragraph were found, the or
the official of proceedings, will fix the cedulón of citation in the door of the domicile with the
intervention of a witness who will be duly identified and will also sign on the
diligence.
ARTICLE 212. (CITATION BY EDICT).
I. In the event that the domicile of the defendant is unknown or in the case of persons
unknown or indeterminate, the party will request the summons by means of edicts, prior
oath of ignorance. Deferred the request, the edict will be published twice
with an interval of no less than five (5) days, in a newspaper with national circulation, or
Lack of this, it will be broadcast on a radio station or television medium, national or local, in the
same form and term, maintaining the reservation and safeguarding the identity of the
girl, boy and adolescent involved, preserving that the data contained does not affect
in his image and dignity. In the event that the Ombudsman for Children and Adolescents is
the plaintiff, it will bear the cost of the edict.
II. After the admission of the claim, the notifications will be made in the secretariat
or in hearing, as appropriate.
ARTICLE 213. (MODIFICATION AND EXTENSION OF THE DEMAND). The demand
It may be modified or extended, only until before the answer.
ARTICLE 214. (ANSWER).
I. The defendant must answer the claim within five (5) days following
at your citation and will be extended at the rate of one day for every two hundred (200) kilometers
away from the court seat. In the event that the
demand, the term will be computed from the summons with it.
II. The answer must contain the facts that you allege as the basis of your defense.
with clarity and precision, accompany or offer the proof that you consider necessary.
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III. Only the exceptions of incompetence, lis pendens, res judicata
or impersonality, being the procedural address for the present case, the Secretariat of the
Court.
IV. The counterclaim is not admissible.
ARTICLE 215. (EXCUSE).
I. The judge or the judge has the obligation to excuse himself in the first act, when
prove the existence of any of the following causes:
1.

The relationship with any of the parties up to the fourth degree of consanguinity,
second of affinity or the derivative of adoption bonds.

two.

Have a relationship of compadre, godfather or godson, from marriage or
christening with one of the parties.

3.

Have intimate friendship, enmity or hatred with some of the parties, which are
demonstrate for notorious and recent events. In no case will the excuse proceed
for attacks or offenses inflicted on the judicial authority that has begun to
know the matter.

Four.

Be a creditor, debtor or guarantor of any of the parties, except in the entities
financial banking.

5.

The existence of a pending legal dispute with any of the parties.

6.

The filing of a lawsuit to disqualify the judicial authority.

7. Have been a lawyer, agent or representative, witness, expert, or
tutor or tutor in the process that you should know.
8. Have expressed your opinion on the litigated claim and that is recorded in
judicial proceedings, except in conciliatory proceedings.
9.

Being or having been a complainant or plaintiff against one of the parties, or
reported or denounced, or sued or sued by any of these
prior to the initiation of the litigation.

II. If excused, it will be sent within twenty-four (24) hours to the Departmental Court
for its resolution, which must be pronounced within a period of six (6)
days without further appeal.
III. When, in the opinion of the parties, there are the grounds for excuse indicated in the Paragraph
I, you may assert this right on appeal of judgment.

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ARTICLE 216. (PRECAUTIONARY MEASURES).
I. The Judge or Public Judge in matters of Childhood and Adolescence, in any state of the
process until before the sentence, ensuring the protection, interest or security of the
girl, boy or adolescent, may determine ex officio or at the request of a party, the following
precautionary measures:
a) Preventive Annotation;
b) freezing;
c)

Kidnapping;

d)

Rooting;

and)

Prohibition to innovate and contract;

F)

Order, by a specified time, the departure of the denounced or the denounced
of the family home;

g)

Order the return to the home from which it had been removed or with
violence;

h)

Assign a substitute family through provisional guardianship, arranging the delivery
immediate personal effects or, where appropriate, temporary foster care in a
specialized center;

i)

Have the inventory of movable and immovable property belonging to the girl,
child or adolescent; Y

j)

Others that you consider necessary.

II. The precautionary measures may be in force until the execution of the sentence.
ARTICLE 217. (MEANS OF EVIDENCE).
I. All lawfully obtained means of proof are valid, such as statements
of the parties and witnesses, expert opinions, specialized reports, documents,
judicial inspection, scientific means and any rational element that serves to
form the conviction of the judge.
II. Documents and digital signatures and digital signatures will also be considered legal means of proof.
the documents generated by email, under the conditions provided in
the law.
III. The evidence must be adapted to the facts alleged in the claim.
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ARTICLE 218. (OBTAINING THE PROOF). If the defendant or plaintiff does not
had the test offered at their disposal, they will individualize it indicating the content, place, file
and public office or person in the power of whomever is found, the Judge or Judge must order its
obtaining up to one (1) day before the trial hearing.
ARTICLE 219. (EVALUATION OF THE EVIDENCE).
I. The judicial authority at the time of issuing the resolution will have the obligation to
consider each and every one of the tests produced, identifying which ones you
helped to form convictions and which ones were rejected, basing their criteria.
II. The tests will be appreciated as a whole taking into account the individuality of each
one of those produced in accordance with the rules of sound criticism or prudent criteria,
considering as a priority the best interests of girls, boys and adolescents, as well as
as well as the other principles of interpretation provided for in this Code.
ARTICLE 220. (WITNESSES).
I. They may qualify as witnesses to all the people who knew directly
the facts, including blood relatives, dependents, related or other
persons who are over sixteen (16) years of age.
II. The girl, boy or adolescent victim of the act may testify, and their testimony will be taken
in private with the help of family members and the interdisciplinary professional team of the
Court. Repeating your testimony or testifying at the hearing is prohibited.
ARTICLE 221. (MEDICAL CERTIFICATE). The medical certificate must be issued by
professional who works in public or private health institutions, as well as the certificates
forensic doctors issued by a licensed professional.
ARTICLE 222. (PSYCHOLOGICAL REPORT). The psychological report must be issued by
specialized professional from public institutions or by specialized private professionals.
ARTICLE 223. (SOCIAL REPORT). The social report must be issued by a professional
specialized public institutions or specialized private professionals.
ARTICLE 224. (PRESENCE OF THE PROFESSIONAL). The professional who performed the
report or issued a certificate, only if in the judgment of the judicial authority it is necessary, it may be
notified to be ratified at the hearing, not being able to excuse himself in this case.
ARTICLE 225. (PROOF OF OFFICE). The Judge or the Judge, ex officio may order any
evidence that you consider necessary to form a better conviction of the facts and against this decision
there is no recourse. This test will be paid for by the State.
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ARTICLE 226. (INDICATION OF HEARING).
I. Once the deadline for the reply has expired, within the following three (3) days it will be indicated
date and time of the hearing to be held within a period of no more than twenty-five (25) days
later.
II. In the decree of appointment of hearing, you must also set with precision the
points to prove and will declare the defendant's defiance who has not answered the
demand.
ARTICLE 227. (PREPARATORY ACTS).
I. Between the date of the hearing appointment and the day of the hearing, the Judge or the
Judge, will order that the girl, boy or adolescent be heard with the support of the staff
specialized. Likewise, you can order the preparation of reports to your team
interdisciplinary professional and other acts that it deems necessary, in the same period.
For this purpose, the Supreme Court of Justice must approve an appropriate protocol.
II. Appoint a public defender, who will be notified to attend the hearing and assume
the legal defense of the party absent or declared rebellious and the declared party will be notified
rebel.
III. The Ombudsman for Children and Adolescents must be notified for the legal defense of
the girl, boy or adolescent.
ARTICLE 228. (INSTALLATION OF THE HEARING).
I. The girl, boy or adolescent will appear through their legal representative, the other
party will attend personally unless duly accredited justification, by means of
of a proxy. For no reason will the hearing be suspended and in case of absence
of the parties, their defense will be assumed by the public defender or the Children's Ombudsman and
Adolescence, depending on the case.
II. In case of justified impediment of the Judge to attend the hearing, you must
set a new day and time within the next five (5) days.
ARTICLE 229. (DEVELOPMENT OF THE HEARING).
I. At the hearing, the following shall be carried out under the direction of the Judge or Judge
procedural activities:
a) It will give rise to the answer to the exceptions and then it will resolve them;
b)

It will resolve other matters that the Judge or the Judge notices to clean up the process,
without prejudice to correcting them at any time during their substantiation until
before pronouncing sentence;
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c)

Grounds and clarification on the claim or the response of the parties
on their claims, when relevant;

d)

The reproduction of the interview obtained from the girl, boy or
adolescent involved, through technological resources;

and)

Production of the test. The judge may reject irrelevant evidence or
that have been obtained violating human rights; Y

F)

Judicial inspection, when relevant.

II. The interdisciplinary professional team may participate in the hearing upon request.
of the Judge or Public Judge for Children and Adolescents.
III. The hearing shall not be suspended except when the Judge or Judge, justifying
the reason and for reasons of force majeure, decide to extend it.
IV. Everything that has been done will be recorded in a summary record and signed by the parties, the Ombudsman's Office
the Childhood and Adolescence, the Judge or the Judge and the Secretary or Clerk of the court.
ARTICLE 230. (COMPLEMENTARY HEARING). If the test had not been totally
received during working hours, a recess will be set for the continuation of the hearing to
the next business day, or extraordinary days will be enabled until its completion.
ARTICLE 231. (JUDGMENT).
I. Immediately after the production of the evidence has been exhausted, with or without allegations, the
Judge or the Judge will pronounce sentence in the same hearing, being notified
the parts. Due to the complexity of the case, exceptionally, a recess may be decreed for
the pronouncement of the sentence that will not exceed the following three (3) business days.
II. In the same hearing, the parties may request the complements and clarifications
that they consider convenient, which must be resolved immediately.
ARTICLE 232. (CONTENT OF THE JUDGMENT). The content of the sentence will be the
following:
a) Individualization of the process;
b) Brief list of facts;
c) Legal argument;
d) Decision of the Judge or Judge;
e) Protection measures; Y
f) Sanctions for those responsible, when applicable.
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ARTICLE 233. (APPEAL).
I. The parties must state at a hearing their decision to make use of the appeal
appeal.
II. If the parties do not state their decision to make use of the appeal in
hearing or do not substantiate your appeal after three (3) days of notification
With the sentence, it will be considered final and it will acquire the quality of a thing
judged.
III. The sentences handed down may be appealed. The judge who resolved the case, the
will send to the corresponding Departmental Court of Justice within a period of two (2)
days. The Court must decide within five (5) days.
IV. Appeals will be processed in suspensive effect.

TITLE II
SPECIAL PROCEDURES
CHAPTER I
JUDICIAL FILIATION
ARTICLE 234. (ACTIVE LEGITIMATION). The Ombudsman for Children and Adolescents has
active standing to file the demand for judicial filiation before the Judge or the Public Judge in
matters of childhood and adolescence, when the identity of the mother or the
parent, and that instance has exhausted the means to identify them.
ARTICLE 235. (DEMAND). The claim must be presented in compliance with whatever
pertinent, the requirements indicated in this Code and accompanying the social reports, accrediting
that all necessary efforts were made to locate the parents, the background
details of the admission of the girl, boy or adolescent to temporary custody, medical reports
and psychological and corresponding photographs at the time of admission to the instance of care, and
three (3) updated photographs.
ARTICLE 236. (INDICATION OF HEARING). Filed the claim, the authority
Judicial will indicate a hearing to determine parentage.
ARTICLE 237. (FINDING IN TRIAL). If there is a claim from a father, mother or
relatives, antecedents must be sent to the jurisdictional authority in family matters, and must
proceed according to the Family Code.
ARTICLE 238. (SENTENCE HEARING).
I. The hearing will be held in accordance with the provisions established in the procedure
common.
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II. If parentage is proven, the Judge will pronounce sentence declaring
the claim is improbable and will impose protection measures for the girl, boy or
adolescent, and the corresponding sanctions.
III. In case the filiation is not proven, the Judge will determine the judicial filiation
and ratify the custody, providing the registration of the girl, boy or adolescent before the
Civic Registry Service, with conventional names and surnames. Executed the
sentence, the registration and delivery of the respective certificate will be carried out, which will not exceed
of one (1) day.

CHAPTER II
CONVERSION FROM GUARDIAN TO ADOPTION
ARTICLE 239. (CONVERSION).
I. For the admission of the conversion, the Ombudsman for Children and Adolescents will present
with the Departmental Technical Instance of Social Policy to the judicial authority, the
evaluative reports of the guard, so that in application of the corresponding protocol,
the interdisciplinary professional team of the Court ratifies in twenty (20) days, the
conditions of adoptability and suitability.
II. If the report is favorable for the adoption, the time of the custody will be considered
as a pre-adoptive period of coexistence for the exceptional application of conversion
from foster care to adoption.
ARTICLE 240. (HEARING). The judge will set a hearing within two (2) days.
At the hearing, he or she will hear the applicant, necessarily the adolescent, and the girl or boy depending on
of their age and degree of maturity, to the Ombudsman for Children and Adolescents, to the Technical Instance
Department of Social Policy and the interdisciplinary professional team of the Court, to establish
the relevance of the conversion of the custody for adoption.

CHAPTER III
ORDINARY GUARDIANSHIP
ARTICLE 241. (DEMAND).
I. The lawsuit will be filed by relatives, the Ombudsman for Children and Adolescents
or third parties. In the same, the tutor or the candidate tutor must be proposed or
candidate, accompanying a plan for the exercise of their guardianship. The
Common procedure requirements, where applicable.
II. The lawsuit must establish the status of the suspended mother, father or both
of his authority. In the case of the Ombudsman for Children and Adolescents, you must attach
all pertinent documentation in your possession.
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ARTICLE 242. (ADMISSION OF THE DEMAND).
I. Once the claim is admitted, the Judge or Judge will order, in all cases, the notification to
the Ombudsman for Children and Adolescents.
II. The Judge or Public Judge for Children and Adolescents will order the application of the
corresponding protocol that may not last more than twenty (20) days in its execution,
in charge of the interdisciplinary professional team. In case the antecedents for the
Ombudsman for Children and Adolescents are optimal, their application will not be necessary.
III. When appropriate, the Judge or the Judge will order that by the Secretary of the Court,
prepare the inventory of assets and liabilities, and any other management to ensure equity
of the girl, boy or adolescent, as well as the establishment of the bond by the
tutor or tutor.
ARTICLE 243. (APPOINTMENT OF GUARDIAN OR INTERIM GUARDIAN). According to
antecedents, the Judge will appoint a tutor or an interim tutor, who must be limited to the
acts of mere protection of the girl, boy or adolescent and the preservation of their property.
ARTICLE 244. (INDICATION OF HEARING).

I. Once the deadline has been fulfilled and the antecedents and reports produced have been analyzed and establishing
the viability of the proposed guardianship, the Judge will set the day and time of the hearing for
the next ten (10) days.
II. If the unviability of the proposed guardianship is demonstrated, the
procedure, decision that may be appealed.
ARTICLE 245. (DEVELOPMENT OF THE HEARING). At the hearing, the
following procedural activities:
a) The secretariat will read the background of the guardianship application, as well
as well as the reports and procedures carried out;
b) Ratification of the guardianship exercise plan by the guardian
candidate or candidate;
c)

The girl, boy or adolescent will be heard, considering their age and other factors
special; Y

d)

The opinion of the Ombudsman for Children and Adolescents will be heard.

ARTICLE 246. (JUDGMENT). At the same hearing, a sentence will be handed down, providing that
The tutor will present annual reports of their management and a no lesser remuneration will be set
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to five percent (5%) nor greater than ten percent (10%) of the income produced by the goods
subject to its administration.
ARTICLE 247. (OATH AND POSSESSION).
I. The Judge or the Judge will minister possession of the position of tutor or tutor taking the oath
corresponding in the presence of the Ombudsman for Children and Adolescents. The judge or
The Judge will demand from the tutor or tutor, the fulfillment of his duties and will make him notice the
social significance of the function entrusted to it.
II. Minutes will be drawn up and signed by the Judge, the tutor or the guardian, the Ombudsman's Office
Childhood and Adolescence, and the Secretary or Secretary. A copy will be given to the possessor
to serve as your credential.
ARTICLE 248. (ACTS SUBSEQUENT TO THE DESIGNATION OF THE GUARDIANSHIP). With
After the appointment of guardianship, the Judge may:
to)

Order the expansion of the inventory of the new assets that the girl, boy or
adolescent acquires and as many times as necessary;

b) Approve and modify the budget for food and education expenses of the
girl, boy or adolescent and the administration of their assets according to the
personal condition and economic possibilities at the beginning of each year; Y
c)

In case of increasing or decreasing the assets of the girl, boy or adolescent,
will order the proportional increase or decrease of the deposit, but not the
will be canceled in its entirety until the guardianship account has been approved and
have extinguished the obligations that correspond to the guardian for their management. From
The same will proceed in the event of loss or deterioration of the deposit.

ARTICLE 249. (REMOVAL ACTION OF THE GUARDIAN OR GUARDIAN). The action
removal of the guardian will be initiated by the Ombudsman for Children and Adolescents or by
a third party, for justified reasons that give rise to his removal, and will file before the same
authority that appointed him or her.

CHAPTER IV
ADOPTION
ARTICLE 250. (DEMAND).
I. The claim may be filed by:
to)

The applicants or the Ombudsman for Children and Adolescents, in the case of
national adoptions, and

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b)

The Ombudsman for Children and Adolescents, in the case of Adoptions
International.

II. In both cases, the certificate of suitability, accreditation of
adoptability and other relevant documents. The requirements of the
common procedure, where applicable.
III. The process to obtain national or international adoption may not exceed four
(4) months, computable from the admission of the claim by the judicial authority
until the sentence, under the responsibility of the instances or authorities involved
in the adoption process, in case of unjustified delay.
ARTICLE 251. (ADMISSION OF THE DEMAND).
I. Once the claim is admitted, the Judge or Judge will order the notification to the Technical Instance
Department of Social Policy, and the applicants for adoption. In the case of
international adoptions, in addition the Central Authority will be notified for the purposes of
processing of the certificate of continuation of the process.
II. In the same provision, the judicial authority will pre-assign and instruct the Technical Instance
Departmental Social Policy, conducting visits to the reception center or to the
domicile of the guardian or guardian for a period of seven (7) days.
ARTICLE 252. (PRE-ASSIGNMENT REPORT).
I. The Departmental Technical Instance will raise the respective report within five (5)
days following the end of the period determined in Paragraph II of Article 251
of this Code.
II. If the report is favorable for the adoption, a hearing will be set for the period prior to
adoption, which must be carried out within five (5) days. In case of
being unfavorable will terminate the process with respect to the applicant or both,
decision that may be appealed.
ARTICLE 253. (PRE-ADOPTIVE PERIOD HEARING).
I. During this hearing, the Judge or Judge will grant provisional custody during the period
pre-adoptive considering the age of the child or adolescent and the circumstances of
adoption, this period will not exceed two (2) months.
II. In case of custody for adoption purposes referred to in Articles 239 and 240 of this
Code, it is not required to carry out the pre-adoptive period.
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III. At the hearing, the judicial authority will order the interdisciplinary team of the court,
proceed to follow up on this stage and issue a report within five (5) days
after the end of the pre-adoptive period.
IV. The judge or the judge to conclude the hearing will designate the day and time of the
ratification and sentence within a term not exceeding ten (10) days after the end of the period
adoptive.
ARTICLE 254. (RATIFICATION AND JUDGMENT HEARING). In the audience
will fulfill the following procedural activities:
a) The Secretariat will read the background of the application for adoption, as well as
as the reports and procedures carried out;
b) The girl, boy or adolescent will be heard, considering their age, characteristics of
their stage of development and other special factors;
c)

The adopters will be informed about the legal effects of the adoption; Y

d) The judicial authority will issue the corresponding sentence, granting or denying
adoption.
ARTICLE 255. (CONTENT OF THE JUDGMENT). The sentence granting the adoption
will have:
a) The registration of the adopted or the adopted in the Civic Registry Service,
as the daughter or son of the adopters, in the terms provided by this Code,
procedure that cannot exceed a period of forty-eight (48) hours; Y
b)

That the Departmental Technical Instance of Social Policy carry out follow-up
adoptive post, having to present to the Court bio-psycho-social reports
semester and for the space of two (2) years.

CHAPTER V

ADMINISTRATIVE AND JUDICIAL PROVISIONS FOR
INTERNATIONAL ADOPTION
ARTICLE 256. (GENERAL RULES FOR THE ADOPTION PROCEDURE
INTERNATIONAL).
I. The process will be initiated by the adopters with the request of the Authority
Central of the receiving State, or through an intermediary body duly
accredited, attaching the documentation that contains the requirements established in
this Code.
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II. The Bolivian Central Authority will review, through its interdisciplinary professional team,
the documentation presented and will issue the corresponding Certificate of Suitability
referring to the Departmental Technical Instance of Social Policy for the inclusion of the
application in adoption demands within a non-extendable period of three (3) days to
from receipt of the documentation.
III. The Departmental Technical Instance of Social Policy will send general information
on girls, boys or adolescents adoptable to the Bolivian Central Authority, to
compliance with Article 16 of the Convention Relating to the Protection of Children and
Cooperation in Matters of International Adoption. The situation of
adaptability.
IV. The Bolivian Central Authority will carry out, within a period not exceeding three (3) days, the
corresponding analysis, assessing adaptability. If there were observations to the
situation of adaptability, the Departmental Technical Instance of Social Policy
complement the relevant explanations, amendments and endorsements within the five
(5) subsequent days.
V. Once the adaptability has been verified, the Bolivian Central Authority will issue the
corresponding certificate, attached the supporting reports within a period of three
(3) days, and must be sent to the Central Authority of the receiving State or through
of the accredited intermediary body, for its pronouncement.
SAW. In compliance with Article 17 of the Convention Relating to the Protection of Children and
Cooperation in Matters of Intercountry Adoption, through official communication, the
State of receipt will communicate the intention to continue with the adoption process
to its Bolivian counterpart.
VII. Once the statement is received, the Bolivian Central Authority will have a term of three
(3) days to issue the Certificate of Prosecution, which must be sent to the authority
judicial.
ARTICLE 257. (APERSONATION OF FOREIGN APPLICANTS). A
Once the requirements indicated above have been met, the established provisions will be applied
for national adoption.
ARTICLE 258. (CONFORMITY).
I. The Judge or the Judge will send to the Bolivian Central Authority, the original or legalized copy
of the Enforced Judgment, within a period of two (2) days.
II. Once the Judgment is received, the Bolivian Central Authority, within two (2) days
following, will send to the Central Authority of the receiving State, the required data
so that the adoption is recognized by right.
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BOOK III
CRIMINAL SYSTEM FOR ADOLESCENTS
TITLE I
GENERAL DISPOSITION
CHAPTER I
CRIMINAL SYSTEM, LIABILITY AND GUARANTEES
ARTICLE 259. (CRIMINAL SYSTEM). The Penal System for adolescents is the whole
of institutions, instances, entities and services that are in charge of establishing the
responsibility of the adolescent person for punishable behaviors in which they incur, as well as
the application and control of the corresponding socio-educational measures. This System will execute the
Plurinational Plan of the Girl, Boy and Adolescent in the pertinent thing.
ARTICLE 260. (MEMBERS). The Penal System for adolescents will be made up of:
a) Ministry of Justice;
b)

Public Courts in matters of Children and Adolescents;

c) Public Ministry;
d) Public Defense;
e) Bolivian Police;
F)

Autonomous Departmental Governments;

g)

Departmental Technical Instance of Social Policy;

h) Service entities.
ARTICLE 261. (RESPONSIBILITY OF THE AND THE ADOLESCENT).
I. The adolescent who commits punishable behaviors classified as
crimes in the Penal Code and in special laws, will respond for the fact in a manner
differentiated from the adult. The difference consists in the Specialized Jurisdiction and the
socio-educational measure that is imposed.
II. The rights and guarantees of the adolescent in the Penal System will be ensured
by all the members of the System, according to their attributions and competences.

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ARTICLE 262. (RIGHTS AND GUARANTEES).
I. The adolescent in the Penal System, from the beginning of the process, as well as during
the execution of the socio-educational measure, they have the following rights and guarantees:
to)

Specialty. The administration of justice will be processed through a penal system
differentiated, through process and comprehensive assistance of specialized personnel,
in observance of their condition as persons in the process of physical development,
mental, emotional, spiritual, moral and social;

b) The Presumption of Innocence. The innocence of the adolescent person is presumed
during the process, until a final judgment does not determine the existence
of the fact and the participation of the accused, imposing a measure
socio-educational;
c)

To be heard or heard. To be heard or heard and intervene in their defense
material without this being able to be used against you;

d) To Keep Silence. Not to testify against him or his relatives
consanguineous up to the fourth degree or their relatives up to the second, and their silence
it will not be used to your detriment;
and)

To be Informed or Informed. To be informed or informed according to your
age and development of the reasons for the investigation, procedural actions, their
rights, as well as each act that may favor, affect or restrict their
Rights;

F)

To a Translator or Interpreter. To have the free assistance of a translator
or a translator, one or an interpreter if you do not understand or speak the language or
language used or in the case of an adolescent with a disability, in the
cases as necessary;
g) Due Process. The criminal process of adolescents is oral, reserved, fast and
contradictory;
h)

To the Specialized Defense. To the free specialized defense, which is
Non-renounceable, no action being valid without the presence of its defender
or defender. The defense is inviolable from the beginning of the investigation until
finalize compliance with the socio-educational measure imposed;

i)

To Comprehensive Assistance. To receive free bio-psycho-socio-legal assistance;

j)

To Remain in Specialized Centers. To be deprived or deprived of liberty, in
exclusive centers for adolescents and with adequate conditions;

k)

To Communication. To permanent communication with their relatives and with their
defender or defender;
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l)

To Privacy. To have your privacy and that of your family group respected;

m) Confidentiality. The publication of data from the research or the
judgment, which directly or indirectly makes it possible to identify the adolescent,
except for statistical information;
n) To the Intervention of its Legal Officers. To the direct intervention of
their legal guardians, unless there is a conflict or is contrary to their
interests;
or)

Proportionality Sanctions and socio-educational measures must be
rational, in proportion to the offense and its consequences;

p) Single Pursuit. The remission, the dismissal and the acquittal prevent new
investigation or prosecution of the adolescent for the same fact, although
the legal qualification is modified or new circumstances are known; Y
q) The exceptionality of the deprivation of liberty. Except for the arrest in flagrante delicto,
The deprivation of liberty only proceeds by judicial order, in the cases, under the
conditions and for the periods provided in this Code. Pretrial detention is
Reviewable at any time at the request of the adolescent.
II. No adolescent can be prosecuted or prosecuted or sanctioned or sanctioned for
the act or omission that, at the time of its occurrence, is not previously defined in the Law
Criminal as a crime. Nor can he be subject to sanction if his conduct is justified.
or it does not injure or endanger a protected legal asset.
III. The judgment of the adolescent must respond to the principle of procedural economy, for
which will be able to concentrate several performances in a single act.
IV. The adolescent declared or declared responsible for a punishable act can only
be sanctioned or sanctioned with the measures provided for in this Code.
V. To determine the responsibility of an adolescent for a punishable act and
apply the corresponding sanction, the procedure provided in this must be followed
Code.
SAW. The State will guarantee restorative justice, as well as the timely exit or release
of the conflict.
VII. In the processes in which adolescents are involved, they should be
treated with respect and consideration, and must prevail in all actions,
technical research and expertise.

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ARTICLE 263. (RESERVATION OF ACTIONS).
I. The obtaining or dissemination of images, as well as the disclosure of their
identity or of the persons related to the procedural, police or
administrative.
II. The criminal and police record will be reserved and can only be certified
by means of a reasoned order, issued by the Judge or the Public Judge in matters of Children and
Adolescence.
III. In the case of the adolescent person declared rebellious, only the
essential data for their apprehension.
ARTICLE 264. (TERM OF THE PROCESS). The duration of the jurisdictional process from
the complaint until the final judgment handed down by the Judge or the Public Judge in matters of
Childhood and Adolescence, should not exceed eight months. The delay time will not be computed
or delay of the process when this is attributable to the adolescent person. The judicial delay
will generate responsibility to the judicial authority.
ARTICLE 265. (ERROR ABOUT AGE).
I. If during the process it is determined that the adolescent was over eighteen
(18) years old at the time of the commission of the act, the Judge will declare
incompetent and will forward the antecedents to the ordinary criminal jurisdiction, being valid
what has been done up to the state in which it is found.
II. In case it is proven that the processed person was under fourteen (14) years of age at the
moment of the commission of the fact, the judge or the judge will cease the exercise of the action
criminal for adolescents and refer the case to the Departmental Technical Instance of
Social Policy.
III. If there are doubts about whether a person is under fourteen (14) years of age, they are presumed
such age until proven otherwise, being exempt from liability.
ARTICLE 266. (SEPARATION OF CAUSES). When in the investigation of the commission of
the same criminal act, sufficient elements will be identified regarding the intervention of one or more
adolescent people with one or more adults, the process must be processed separately
in the ordinary jurisdiction and in that of justice for adolescents in the Penal System.

CHAPTER II
AREA OF APPLICATION
ARTICLE 267. (SUBJECTS).
I. The provisions of this Book apply to adolescents from fourteen (14) years of age.
of age and minors of eighteen (18) years of age, accused by the commission of
facts classified as crimes.
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II. The maximum age of twenty-four (24) years is established for compliance with the
punishment in deprivation of liberty.
ARTICLE 268. (PENAL LIABILITY ATTENUATED).
I. The criminal responsibility of the adolescent will be reduced by four fifths
with respect to the maximum penalty corresponding to the crime established in the criminal law.
II. For crimes whose maximum penalty is between fifteen (15) and thirty (30) years in the Law
Criminal, the sanction must be carried out in a center specialized in deprivation of liberty.
III. For crimes whose maximum penalty is less than fifteen (15) years in the Criminal Law,
they will apply socio-educational measures with restriction of liberty and liberty.
ARTICLE 269. (EXEMPTION FROM CRIMINAL LIABILITY).
I. The adolescent person under fourteen (14) years of age is exempt from
criminal liability, without prejudice to civil liability, which will be sued
to those legally responsible in the civil jurisdiction.
II. When an adolescent person under the age of fourteen (14) is apprehended or
arrested, will be sent to the Departmental Technical Instance of Social Policy, for the
verification of the respect of their rights and guarantees and the inclusion in the programs of
corresponding protection, without prejudice to protection measures issued by the
competent authority.
III. Girls and boys may in no case be deprived of liberty, prosecuted or
subjected to socio-educational measures.
IV. The adolescent between
fourteen (14) and eighteen (18) years with intellectual, mental or mental disability, who
cannot understand the unlawfulness of his action.

TITLE II
COMPETENCES, POWERS AND FUNCTIONS
OF THE MEMBERS OF THE PENAL SYSTEM FOR ADOLESCENTS
CHAPTER I
GENERAL OBLIGATIONS
ARTICLE 270. (SPECIALIZED PERSONNEL).
I. The highest authorities of each institution that makes up the Penal System to
adolescents, must guarantee the appointment of specialized personnel in quantity
and quality necessary for its optimal functioning and for the guarantee of rights
of adolescents who are in their scope of action.
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II. All institutions, in their respective competencies, are responsible for training
to the public servants in charge of implementing the provisions of this Code.
ARTICLE 271. (PRIVATE ENTITIES). Any organization or private entity that works
or provide services in areas related to the Penal System for adolescents, must have resources
human resources specialized in the services it provides and financial resources that guarantee its
functioning.

CHAPTER II
MINISTRY OF JUSTICE
ARTICLE 272. (RECTOR OF JUSTICE).
I. The Ministry of Justice will exercise the technical leadership of the Penal System for Adolescents,
what concerns to:
a) Formulation and coordination of the development of plans, policies, programs,
projects, norms, instruments of action, services and integral instances,
general guidelines for prevention, care, promotion and comprehensive defense,
as well as supervision of its implementation;
b) Preparation of regional diagnoses and establishment of guidelines for
the implementation of socio-educational measures, as well as programs and
services for the realization of restorative justice;
c)

Supervision and Control of the Specialized Centers for compliance with the
socio-educational and restorative measures;

d) Identification of the needs of the System to implement actions and
programs designed to supply them; Y
and)

Carrying out periodic evaluations of the operation of the System.

II. For the fulfillment of its powers, the Ministry of Justice will have a
technical instance.

CHAPTER III
JURISDICTION AND JURISDICTION
ARTICLE 273. (COMPETITION).
I. It corresponds to the Judge or Public Judge in matters of Childhood and Adolescence, the knowledge
exclusive of all cases in which it is attributed to the adolescent person older than
fourteen (14) years and less than eighteen (18) years of age, the commission of an act
criminal, as well as the execution and control of their decisions. In compliance with this
competition will have the following attributions:
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a) Exercise control of the investigation;
b)

Ensure respect for the rights and guarantees of the parties;

c)

Promote conciliation, whenever appropriate;

d)

Promote and order the accompaniment of restorative justice mechanisms;

and)

Provide the corresponding precautionary measures;

F)

Issue commandments;

g)

Know and substantiate exceptions or incidents;

h)

Direct the preparation of the oral trial, know its substantiation and dictate sentence;

i)

Execute the acquittals;

j)

Exercise control of compliance with socio-educational measures;

k)

Resolve by means of orders or cars, the matters that are of their
knowledge; Y

l)

Know the substantiation and resolution for the repair of the damage, when
has issued a sanctioning sentence.

II. An adolescent person may not be tried in the criminal jurisdiction for persons
adults.
ARTICLE 274. (PUBLIC AND PRIVATE DEFENSE). The adolescent person with
criminal responsibility, must be assisted by a lawyer or a private or State lawyer, and
by the interdisciplinary team of the Ombudsman for Children and Adolescents.

CHAPTER IV
BOLIVIAN PUBLIC MINISTRY AND POLICE
ARTICLE 275. (SPECIFIC ATTRIBUTIONS OF THE TAXES
SPECIALIZED). In addition to those established by the Organic Law of the Public Ministry and other
Related regulations are specific attributions of the Prosecutors:
a) Promote and require dejudicialization, whenever appropriate; review and
monitor compliance with restorative justice mechanisms
accompany her; Y
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b) Promote and require the application of alternative exits; check and do the
follow-up on compliance with restorative justice mechanisms that
accompany.
ARTICLE 276. (POLICE ACTION).
I. The Bolivian Police, in addition to being subject to the provisions set forth in its Law
Organic and related regulations, it is subject to the following rules of action:
to)

In cases of committing crimes in which they may be involved
persons under fourteen (14) years of age, must refer to the authority
competent court and report the intervention to the Children's Ombudsman
and Adolescence and the Public Ministry, about the facts, circumstances and
actions, under reservation, avoiding all forms of physical or psychological violence;

b) To maintain public order or to preserve citizen security, take care
that persons under eighteen (18) years of age who may be
affected or involved receive adequate treatment, informing the authority
competent court and Ombudsman for Children and Adolescents in the act, and if it were
possible, to his mother, father, guardian or guardian, guardian or guardian;
c) The Bolivian Police will have the investigators and investigators
specialized according to the Public Ministry; Y
d) The proceedings of the Bolivian Police in matters of controlled substances
will be processed by the Special Force to Combat Drug Trafficking under the
address of the Prosecutor for Controlled Substances, which will be referred to
the or the Prosecutor assigned to the case.
II. The Bolivian Police must institute the implementation of action protocols
specialized for prevention, care and protection and coordinate with the Instances
Departmental Techniques of Social Policy, with the Defenders for Children and Adolescents
Autonomous Municipal Governments and other public and private entities that
develop activities in prevention, care and protection.

CHAPTER V
DEPARTMENTAL AUTONOMOUS GOVERNMENTS AND ATTRIBUTIONS
OF THE DEPARTMENTAL TECHNICAL INSTANCE OF SOCIAL POLICY
ON CRIMINAL LIABILITY FOR ADOLESCENTS.
ARTICLE 277. (DEPARTMENTAL AUTONOMOUS GOVERNMENTS).
I. The Autonomous Departmental Governments are responsible for the creation,
implementation, financing, direction, organization and management of services,
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institutions, specialized centers and programs to guarantee the correct execution
of the measures and sanctions provided for in this Code, as well as of the programs and
services aimed at the realization of restorative justice.
II. The specialized centers for adolescents in the Penal System will have
infrastructure, conditioned spaces and specialized personnel, necessary
for the guarantee of the rights of adolescents in the Penal System.
ARTICLE 278. (DEPARTMENTAL TECHNICAL INSTANCE OF SOCIAL POLICY IN
THE CRIMINAL SYSTEM). The Departmental Technical Instance of Social Policy is responsible for the
execution of technical and operational activities of the programs, entities and services of the System
Criminal for adolescents in your jurisdiction. Its attributions are:
to)

Run customized, integrated, and specialized programs and services
aimed at adolescents in the Penal System, to comply with measures
socio-educational, non-custodial, restrictive and custodial and aimed at
social and family reintegration; under the supervision of public courts in
childhood and adolescence matter;

b)

Execute services and programs to monitor justice mechanisms
restorative provided in this Code;

c)

Monitor compliance with the rights and guarantees of underage adolescents
fourteen (14) years old who are apprehended or arrested; Y

d)

Elaborate with the full participation of the adolescent, their individual plan of
execution of the measure imposed on it.

CHAPTER VI
CARE ENTITIES AND CRIMINAL SYSTEM PROGRAMS
SECTION I
CRIMINAL SYSTEM ATTENTION ENTITIES
ARTICLE 279. (NATURE). The entities of attention of the Penal System are institutions
of public interest, aimed at complying with the socio-educational measures imposed by the
Judge or Public Judge in matters of Childhood and Adolescence.
ARTICLE 280. (SERVICE ENTITIES). They are entities of attention of the Penal System,
the following:
1. Guidance centers;
2. Social reintegration centers.
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ARTICLE 281. (OBLIGATIONS OF THE ENTITIES IN THE CRIMINAL SYSTEM).
All service entities must abide by the rules of this Code, respecting the
principle of the best interests of the girl, boy or adolescent, and fulfill the following obligations in
relation to these and these:
1. Carry out the personal and social study of each case;
2. Guarantee food, clothing and housing, as well as objects
necessary for their hygiene and personal hygiene;
3. Guarantee medical and psychological care;
4. Guarantee their access to education;
5. Respect the possession of your personal belongings and the corresponding registry
of your belongings;
6. Prepare them or prepare them gradually, for their separation from the entity;
7. Others necessary for effective social and family reintegration, and development
full and comprehensive of adolescents.

SECTION II
CRIMINAL SYSTEM PROGRAMS
ARTICLE 282. (PURPOSE AND PRIORITY).
I. The programs of the Penal System are intended to achieve the full development and
comprehensive integration of adolescents, as well as their adequate family and social reintegration.
II. The content of the programs and actions developed by the executing entities
public and private, must respect the condition of legal subjects of the and
adolescents, subject to the Political Constitution of the State, the provisions
of this Code, and international treaties and conventions on the subject of childhood and
adolescence.
III. The Penal System for adolescents will implement the Departmental Program of the
Girl, Boy and Adolescent who will in turn develop the Specialized Centers Program
and Socio-educational Orientation Programs, among others.

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TITLE III
ADOLESCENT CRIMINAL PROCESS
CHAPTER I
CRIMINAL ACTION AND PARTICIPATION
ARTICLE 283. (EXERCISE OF CRIMINAL ACTION).
I. The criminal action against an adolescent is public, without differentiating whether it is
crimes of private or public action.
II. The criminal action against the adolescent at the request of the party, will require the complaint
of the victim to activate his exercise in charge of the Public Ministry for crimes against
party instance established in the Criminal Procedure Code.
III. The Prosecutor will exercise the criminal action directly when the crime has been committed
against a person under twelve (12) years of age, an incapacitated person who does not
have a guardian or guardian, or a minor or incapable.
ARTICLE 284. (PRESCRIPTION).
I. Except for the cases of imprescriptibility established in the Political Constitution of the State,
the criminal action against the adolescent person prescribes:
a) In three (3) years, for crimes that have a specific penalty of
freedom whose legal maximum is ten (10) or more years;
b) In two (2) years, for other crimes that are punished with penalties
custodial of liberty; Y
c) In six (6) months for crimes sanctioned with non-custodial penalties
Liberty.
II. The terms indicated for the prescription of the action will be counted from the
midnight of the day the crime was committed or its consummation ceased.
III. The term of prescription of the criminal action for the adolescent is
will interrupt with the formal accusation or the declaration of default, moment from the
which term will be computed again.
IV. The term of the prescription will be interrupted or suspended on an individual basis.
for the author, the author and the participants.
V. The term of the prescription of the action will be suspended while the
Resolution of questions referred for a preliminary ruling.
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ARTICLE 285. (REBELLION).
I. The adolescent person in the Penal System will be declared rebellious when:
to)

Failure to appear, without just cause, to a summons issued by authority
competent;

b)

Has escaped from the establishment or place where she was detained or
stopped;

c)

It cannot be had or have been by effect of an arrest warrant
issued by competent authority; Y

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d)

Is absent without authorization from the Judge or the Judge of the place assigned to reside.

II. The declaration of default will not suspend the investigation stage. Whenever
declared during the trial, it will be suspended with respect to the rebel and will continue
for everyone else.
III. When the rebellious person appears or is placed at the disposal of the authority that
requires it, the process will continue its process, leaving without effect the orders provided
for the purposes of his appearance, being exempt from paying the costs of his rebellion. Yes
justifies that he did not attend due to a serious and legitimate impediment, the rebellion will be
revoked.
ARTICLE 286. (PARTICIPATION OF THE VICTIM).
I. The victim may participate in the process alone or through a lawyer or
a lawyer, or agent or representative, intervene orally or in writing, and formulate the
corresponding resources when deemed necessary to defend their interests.
II. In the case of a girl, boy or adolescent victim, participation will require the
presence of their mother, father, guardian or guardian, guardian or guardian, accompanied by
a representative of the Ombudsman's Office for Children and Adolescents, and of the Attention Unit
Victims and Witnesses of the Public Ministry.
III. The Judge, the Judge, the Prosecutor and the police authority will ensure that the victims do not
are revictimized.

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CHAPTER II
APPREHENSION, PRECAUTIONARY MEASURES
AND PROCEDURAL HAZARDS
ARTICLE 287. (APPREHENSION).
I. The adolescent person may only be apprehended in the following cases:
to)

In case of escape, being legally detained or detained;

b)

In case of flagrante delicto;

c)

In compliance with order issued by the Judge or the Judge; Y

d)

By Fiscal requirement, in the event of your absence, when there are sufficient indications
that she is the author or participant of a crime sanctioned with a privative penalty of
freedom whose legal minimum is equal to or greater than three (3) years or that could
hide, escape or leave the place, or obstruct the investigation of the
truth.

II. In the case of subparagraphs a) and b) of the preceding paragraph, the police authority that
apprehended, you must communicate this situation to the Prosecutor by means of a report
specified within a period of eight (8) hours, and submit it at the disposal of the Ministry
Public. The Prosecutor shall inform the Judge or Judge within a period of twenty-four (24)
hours and will present your complaint in order to decide your procedural situation. In addition,
immediately notify the Ombudsman for Children and Adolescents, Public Defense
or lawyer or private lawyer, and, if possible, his mother, father, guardian or
guardian, guardian or tutor.
III. The precautionary hearing will be scheduled and resolved with preference.
IV. The apprehended adolescent person, in no case may be held incommunicado or
detained in police, penitentiary or Public Ministry facilities to
adult people.
ARTICLE 288. (PERSONAL PRECAUTIONARY MEASURES). The Judge may
reasonably order the application of one or more of the following precautionary measures:
a) Obligation to appear before the Judge or Judge, with the periodicity that this
authority determine;
b)

The obligation to submit to the care of a person of proven
responsibility, who does not have a criminal record;

c)

Refrain from going to certain places or meeting with certain
people;

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d) Refrain from communicating with certain people, as long as it does not affect
your right to defense;
and)

Rooting;

F)

The obligation to remain in their own home, with the care of their mother,
parent, guardian or guardian, guardian or guardian; Y

g)

Pre-trial detention.

ARTICLE 289. (REQUIREMENTS FOR PREVENTIVE DETENTION).
I.

At the written and substantiated request of the Prosecutor, the Judge may
order preventive detention, when they appear concurrently,
the following circumstances:

a) The existence of sufficient elements regarding the probable participation of the
adolescent in fact; Y
b) That there is a reasonable risk of flight or obstruction of the investigation of the
truth.
II. Preventive detention will not proceed for acts that are appropriate to crimes against
property, when the thing is returned, restored or recovered, or it has not left the
domain of the victim, or the damage has been repaired.
III. Preventive detention will be practiced in social reintegration centers, in the form
differentiated by gender and separated from adolescents in compliance with the measure
socio-educational with deprivation of liberty, with priority being given to the speed of their
processing.
ARTICLE 290. (RISK OF LEAK OR OBSTACULIZATION OF THE INVESTIGATION
OF THE TRUTH).
I. To decide on the concurrence of danger of flight or obstruction of the
investigation of the truth regarding the adolescent person, the Judge will carry out
a comprehensive assessment of the existing circumstances, ruling on the
following:
to)

That has facilities or can be provided, to leave the country or
stay hidden;

b)

That they have had during the process or in a previous one, a behavior that
express your wish not to submit to it;
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c)

That it has an imputation or sentence for another crime;

d)

That can destroy, modify, hide, suppress or falsify evidence;

e) That could negatively influence or endanger any related person
to the process, be it authority, participant, witness, expert, party or third party; Y
f) Belongs to a criminal organization or criminal association.
II. If you work in the country and permanently cooperate in supporting your family,
it will be considered that there is no risk of leakage.
ARTICLE 291. (CESSATION OF PREVENTIVE DETENTION).
I. Preventive detention shall cease in the following cases:
a) When new elements of judgment show that the reasons do not concur
that founded it or make it convenient for it to be replaced by another measure;
b) When its duration exceeds the legal minimum of time that could correspond to it
in open regime, according to the proportionality for the established penalty
for the crime being tried;
c)

When its duration exceeds forty-five (45) days without prosecution, or
of ninety (90) days, in case of plurality of accused adolescent persons,
counted from the notification with the imputation to the adolescent person; Y

d) When its duration exceeds three (3) months without judgment in the first instance,
or six (6) months in the case of a plurality of accused adolescents,
counted from the notification with the imputation to the adolescent person.
II. Upon expiration of the terms provided in paragraphs b) and c) of this Article, the Judge or Judge
will apply other measures provided for in this Code.

CHAPTER III
INVESTIGATION
ARTICLE 292. (COMPUTATION OF DEADLINES).
I. The deadlines are non-extendable and peremptory, they run on the business day after they are practiced.
notification and expire on the last business day indicated.
II. The party in whose favor a term was established may waive or shorten it.
by express manifestation.
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ARTICLE 293. (TAX IMPUTATION).
I. When the Prosecutor considers that there are sufficient indications about the existence
of the fact and the participation of the adolescent person in the Penal System, through
A grounded resolution will impute for the crime committed and will request the Judge or the Judge
resolve the procedural situation and apply the corresponding precautionary measures, in order to
to ensure their presence in the criminal process.
II. The investigative stage in charge of the Prosecutor, should not be greater than forty-five
five (45) days, counted from the filing of the complaint at the police headquarters or
fiscal. In the event of a plurality of adolescent persons charged, the maximum term of the
Investigative stage will not exceed ninety (90) days.
ARTICLE 294. (ELEMENTS OF CONVICTION AND VALUATION).
I. The Judge or the Judge will admit as evidence all the lawful elements of
conviction that can lead to knowledge of the historical truth of the event, of
the responsibility and personality of the accused adolescent, being able to
order extraordinary test production.
II. The Judge will assess the evidence, applying the rules of sound criticism, justifying
and adequately substantiating the reasons for granting them a certain
value, based on the joint and harmonic appreciation of all the evidence produced.
ARTICLE 295. (EVIDENCE EXCLUSIONS). They will lack all evidential efficacy
acts that violate rights and guarantees enshrined in the Political Constitution of the State, in
the International Conventions and Treaties, in this Code and in other laws of the State, as well as the
evidence obtained by illegal means.

CHAPTER IV
TERMINATION OF THE INVESTIGATION
SECTION I
REQUIREMENT AND JUDICIAL RESOLUTION
ARTICLE 296. (CONCLUSIVE REQUIREMENTS). After the investigation, the
Prosecutor will present the following conclusive requirements:
a) Application of the referral, accompanied by restorative justice mechanisms;
b) Application of the alternative exit, accompanied by justice mechanisms
restorative;
c)

Accusation;
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d)

Dismissal;

and)

Rejection;

F)

Rejection; Y

g)

Early termination of the process.

ARTICLE 297. (CONCLUSIVE JURISDICTIONAL RESOLUTIONS). The judge or
Judge, after the expositions of the parties, will resolve in the act and in a single car, all the
questions raised and, as appropriate, will determine:
to)

Order the application of the referral, when it has not been required by the Prosecutor;

b) Arrange the application of the alternative exit;
c)

Dictate sentence in oral trial;

d) Approve the dismissal, provided it was appropriate; Y
and)

Approve the early termination of the process.

SECTION II
REMISSION
ARTICLE 298. (SCOPE OF THE REFERRAL).
I. It is the dejudicialization measure by which the adolescent person is excluded from the
judicial process, in order to avoid the negative effects that this could cause to
its integral development.
II. The referral does not necessarily imply the recognition or verification of the
responsibility for the fact, not being able to be considered as criminal antecedent; without
However, it should be applied only when sufficient elements are available to make
presume that the adolescent has committed the crime of which he or she is accused.
III. The victim may request the review of the resolution of the referral before the Prosecutor
who issued it, within five (5) days from its notification, who will send
antecedents to the Departmental Prosecutor, within a period of one (1) day.
IV. The Departmental Prosecutor, within five (5) days following receipt of the
Review request will determine the revocation or ratification of the referral. If you have
the revocation will order the prosecution of the cause and in case of ratification, the file
of works.
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ARTICLE 299. (APPLICATION OF THE REFERRAL).
I. The remission may only be applied when the crime has a maximum privative penalty
of freedom up to five (5) years established in the Criminal Law, and there is the consent
and will of the adolescent person with criminal responsibility, as well as their
mother, father, guardian or guardian, guardian or guardian, to submit to the referral and a
restorative justice mechanism.
II. The Prosecutor, as of the taking of the declaration of the adolescent person, may
order the referral, after a psychosocial report from the Departmental Technical Instance
of Social Policy.
III. If the Prosecutor does not require the referral, the advocate for the adolescent
may request its application to the Judge or the Judge, who may order it even when
the Prosecutor has presented / displayed an accusation, ordering in his case the realization of the
necessary diligences.
ARTICLE 300. (MONITORING OF THE COMPLIANCE OF THE MECHANISMS OF
RESTORATIVE JUSTICE IN THE REFERRAL).
I. The established mechanisms may be reviewed by the Judge, the Judge or the Prosecutor
based on the report of the interdisciplinary team of the Departmental Technical Instance
of Social Policy.
II. In compliance with restorative justice mechanisms, which should not exceed
six (6) months computable from its application, the Judge, the Judge, the or the Prosecutor who
has granted the referral, it will declare the definitive closure of the case.
III. In the event of serious and repeated non-compliance, the revocation of the
referral and prosecution of the case.

SECTION III
ALTERNATIVE DEPARTURES
ARTICLE 301. (SCOPE OF THE CONCILIATION).
I. The conciliation is the alternative way out of the process, through which the
conflict, which can be carried out even before the sentence is pronounced.
II. In order to promote conciliation, the Judge, the Judge, the Prosecutor must convene a
hearing with the presence of the adolescent person with criminal responsibility, his
mother, father, guardian or guardian, guardian or guardian, the victim or his legal representative,
the lawyer of the Ombudsman for Children and Adolescents, without the presence
of the lawyer or the private lawyer of the parties.
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III. The conciliation act will contemplate the established obligations and, where appropriate, the term
for its fulfillment, through which it is proposed to repair the damage caused to the victim
in its entirety, for which the Judge will order the accompaniment of the
restorative justice mechanisms, which will have a maximum duration of six (6)
months.
IV. The resolution that approves the conciliation act promoted by the Prosecutor, may be
revoked in the case of inadmissibility cases established by law.
ARTICLE 302. (REPAIR OF DAMAGE).
I. Comprehensive reparation of the damage caused is the alternative way out through which
resolves the conflict, which can be done even before the sentence is pronounced,
in crimes of patrimonial content or in culpable crimes that do not have for
death resulted, as long as the victim or the Prosecutor admits it, as the case may be, with
the consequent declaration of extinction of the criminal action, in charge of the Judge or the Judge.
II. In cases in which the reparation of the damage is appropriate through conciliation, the
It will be established by means of an agreement signed between the parties contemplated in the minutes.
conciliation.
III. The Judge or the Judge will order the accompaniment of the justice mechanisms
restorative, which will have a maximum duration of six (6) months.
ARTICLE 303. (MONITORING OF THE COMPLIANCE OF THE MECHANISMS OF
RESTORATIVE JUSTICE).
I. The mechanisms established in the application of alternative exits may be reviewed
by the Judge, the Judge or the Prosecutor based on the report of the interdisciplinary team of the
Departmental Technical Instance of Social Policy.
II. Upon compliance with restorative justice mechanisms, the Judge will declare
The extinction of criminal action.

SECTION IV
OTHER CONCLUSIVE REQUIREMENTS
ARTICLE 304. (ACCUSATION).
I. The Prosecutor will present before the Judge or Judge, the accusation if she considers that the investigation
provides grounds for public prosecution of the adolescent with
criminal responsibility.
II. The indictment will contain:
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a) The data that serve to identify it and its procedural address;
b)

The precise and detailed relationship of the attributed fact;

c)

The substantiation of the accusation, with the expression of the elements of
conviction that motivates her;

d) The applicable legal precepts; Y
e) The offer of the evidence that will be introduced in the trial.
ARTICLE 305. (OVERRIDE).
I. The Prosecutor, according to the result of the investigation and not finding enough
indications of responsibility, will order the dismissal and file of works.
II. The dismissal will proceed when:
to)

It is evident that the fact did not exist;

b) The act does not constitute a crime;
c)

The adolescent person with criminal responsibility did not participate in the fact; Y

d)

The evidentiary grounds are not sufficient to substantiate the accusation.

ARTICLE 306. (REJECTION).
I. The Prosecutor may reject the complaint when:
a) The fact has not existed, is not classified as a crime or the adolescent person
has not participated in it;
b) It has not been possible to identify the active subject;
c)

The investigation has not provided sufficient elements to found a
imputation; Y

d)

There are legal obstacles to the development of the process.

II. In the cases provided for in subparagraphs b), c) and d) of the preceding paragraph, the resolution
It may not be modified as long as the circumstances on which it is based or are not changed.
keep the obstacle that prevents the development of the process.
III. The victim may challenge the rejection resolution within five (5) business days
as of its notification, before the Prosecutor who issued it, who will send background
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to the Departmental Prosecutor, within one (1) day. The or the Departmental Prosecutor,
within ten (10) days following receipt of the proceedings, it will determine the
revocation or ratification of the rejection. If he has the revocation, he will order the continuation
of the investigation and in case of ratification the file of works, without place to conversion
of actions.
ARTICLE 307. (DISMISSAL).
I. When the complaint is manifestly inadmissible, when the denounced fact does not
constitutes a crime or corresponds to be substantiated by other means, the Prosecutor will dismiss it
without the need to open the investigative process.
II. The parties may request a review of the dismissal resolution, within a period of
five (5) days from its notification, before the Prosecutor who issued it, who will forward
antecedents to the or the Departmental Prosecutor, within a period of one (1) day.
III. The Departmental Prosecutor, within five (5) days following receipt of the
The request for review will determine the revocation or ratification of the rejection. Yes
provides for the revocation will order the opening of the investigation and in case of ratification,
the artwork file.
ARTICLE 308. (EARLY TERMINATION).
I. Once enough elements of conviction have been gathered to support an accusation, as well
as in flagrante delicto cases, the Prosecutor at the request of the adolescent with
criminal responsibility and that of your lawyer, you may request the Judge, in
its conclusive requirement, the application of the early termination of the process, with
based on voluntary recognition of participation in the event and consent
to undergo early processing under an attenuated socio-educational measure.
II. The concurrence in the process of several adolescent persons in the Penal System, does not
will prevent the application of the early termination of the process to any of them.
III. In an oral hearing, the Judge will listen to the Prosecutor, the adolescent
in the Penal System, to the victim, after verification of the requirements indicated for
provenance.
IV. Granted the early termination of the process, the socio-educational measure may not
exceed that required by the Prosecutor.
V. The judge or the judge may deny the application of the early termination if it considers
that the oral trial will allow a better knowledge of the facts, departing from the
knowledge of the case, case in which the judge or the judge or court hearing
After the process, you will not be able to base the socio-educational measure on the admission
of the facts formulated for this procedure.
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CHAPTER V
JUDGMENT
ARTICLE 309. (PREPARATION OF THE ORAL TRIAL). The Judge or the Judge within a period of
(1) day of receipt of the accusation, will file the cause and order:
a) The preparation of a homologation and / or supplementation report and / or
update, to the interdisciplinary professional team of the Court, of the reports
bio-psycho-social and / or psycho-social studies that will take in antecedents, in the term
five (5) business days;
b)

Notification to the adolescent person, with the accusation, so that within
within five (5) business days of your notification, offer your proof of
discharge;

c) At the end of this period, it will issue an order to open the trial, indicating the day and time
of its celebration within the following ten (10) days; Y
d) It will be notified within two (2) days following the parties, the witnesses,
experts and interpreters, if necessary, all measures for the
organization and development of the oral trial.
ARTICLE 310. (RESERVATION).
I. The oral trial must be held behind closed doors, exceptionally open,
by means of a written and grounded resolution adopting the measures to avoid
registration of the identity and image of the adolescent, by any means.
II. The record of the trial will be carried out by means of a written record, which as part of the record
It will be subject to the confidentiality and reserve provided by this Code.
ARTICLE 311. (TRIAL HEARING).
I. Once the hearing has started, the Prosecutor and the defense of the adolescent person, in that order,
They will present their claims in an oral, precise, orderly and clear way.
II. All exceptions and incidents must be presented verbally at the hearing of
trial and hearing the opposing party, will be resolved in the sentence.
III. Once the exceptions and incidents have been filed and answered, the hearing will continue
and the entire test offered will take place in turn.
IV. Next, the interdisciplinary professional team will present orally its
technical report, the Prosecutor's opinion will be received, and the adolescent person will be heard.
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Immediately after the production of evidence and allegations is exhausted
corresponding, the Judge or the Judge will dictate sentence in the same hearing observing
the rules of sound criticism, being able to postpone, only its foundation for the
next day.
V. Once the trial has started, it will be held without interruption every business day until the
issue the sentence, and if necessary, overtime must be authorized until
complete it within a maximum period of five (5) business days, which may be extended by
a similar period for duly substantiated reasons.
ARTICLE 312. (JUDGMENT).
I. The Judge or Judge will issue an acquittal or conviction and will apply, where appropriate,
established socio-educational measures.
II. A socio-educational measure may not be applied for a fact other than and inconsistent with the
attributed in the indictment.
III. In the event that the adolescent person is in preventive detention,
pronounced his acquittal, he will be released immediately.

CHAPTER VI
RESOURCES
ARTICLE 313. (REPLACEMENT).
I. The appeal for reconsideration shall proceed only against the measures of mere formality, to
In order for the same judicial authority, warned of its error, to revoke or modify them.
II. This appeal shall be filed in writing, within a period of one (1) day after notification of the
providence to the appellant, and verbally when it is brought in the hearings. The
Judge, the Judge or court must resolve it without substantiation in the same term or in the
same act if raised in audience.
ARTICLE 314. (INCIDENTAL APPEAL).
I. The incidental appeal shall proceed against the following resolutions:
a) On precautionary measures or their substitution or dismissal;
b)

The one that denies or revokes the request for extension of the investigation in cases
related to criminal organizations, criminal associations or crimes
complex; Y

c)

Those that are issued in execution of sentence.

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II. The appeal shall be filed in writing, duly substantiated, before the Judge or the Judge
who issued the resolution, within three (3) days after it was notified to the appellant.
III. With the response to the transfer or the deadline to do so has expired, the appeal will be raised to
consideration of the Departmental Court of Justice, which will resolve it in writing in the
period of five (5) days, counting from the filing of the process.
ARTICLE 315. (APPEAL OF SENTENCE).
I. The appeal of sentence will be filed for non-observance or erroneous
application of the Law. When the legal precept that is invoked as unobserved or
wrongly applied constitutes a defect in the procedure, the appeal will only be
admissible if the interested party has timely claimed his reorganization or has carried out
reservation to appeal, except in cases of absolute nullity or in the case of vices
of the sentence.
II. The defects of the sentence that enable the appeal of sentence, will be the following:
a) Non-observance or erroneous application of the Law;
b)

That the sentenced person is not properly individualized;

c)

Missing the statement of the fact that is the subject of the trial or its determination
circumstantial;

d)

That it is based on means or evidence not legally incorporated into the
judgment;

and)

That there is no substantiation of the sentence or that it is insufficient or
contradictory;

F)

That the sentence is based on non-existent or unproven facts or on valuation
faulty test;

g) That there is a contradiction in its operative part or between it and the part
considerative; Y
h)

Failure to comply with the consistency between the sentence and the prosecution.

III. Once the appeal is filed, it will be made known to the other parties, so that within
within the term of ten (10) days, they answer it with reason and within five (5) days
when there is adhesion.
IV. Once the deadlines with or without an answer have expired, the proceedings will be sent in the
term of three (3) days before the court of appeal and the parties will be summoned to
appear within ten (10) days from the referral.
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V. When the appeal is based on a formal or procedural defect, it may be
accompany and offer evidence when submitting, answering or adhering to it.
SAW. The appeal will be resolved at a hearing. Once concluded, the resolution
well-founded appeal will be notified within a maximum period of twenty (20)
days, repairing the non-observance of the Law or its erroneous application.
VII. Errors of law in the substantiation of the contested resolution, which have not
influenced in the operative part, they will not annul it, but will be corrected by the court
of appeal, as well as errors or formal omissions and those that refer to the
imposition of socio-educational measures.
VIII. The court of appeal, without annulling the contested judgment, may carry out a
complementary grounds, without changing the legal status of the person
Teen.
IX. The order of hearing will be executed by the judge or the judge of first instance and against this
decision there will be no further appeal.

TITLE IV
RESTORATIVE JUSTICE MECHANISMS
SINGLE CHAPTER
GENERAL DISPOSITION
ARTICLE 316. (RESTORATIVE JUSTICE MECHANISMS).
I. Restorative justice mechanisms are the procedures that accompany the
application of referral, alternative exits and socio-educational measures.
II. In these procedures the victim, the adolescent, his mother, father, guardian or
guardian, guardian or tutor, one or more support persons, and where appropriate, members of
the community affected by the crime, participate in the reintegration of the adolescent,
supported by an interdisciplinary facilitating team, in order to recognize the adolescent
as an integral, constructive and productive person.
III. The mechanisms established in this Article seek for the adolescent person,
that he or she assumes their responsibility, train them to exercise their skills
social rights, the exercise of their rights, seeking reparation of the damage. For the
victim, the externalization of his situation as a victim and achieve the overcoming of the
consequences of the events, with their reparation. For the community, participation
active in the process of social reintegration of both the victim and the adolescent, and
reducing the social impact through secondary prevention.

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ARTICLE 317. (CLASSES AND FORMS OF APPLICATION).
I. Restorative justice mechanisms with victim participation are carried out through
through mediation, family reunions, restorative circles, and the like.
When the victim does not participate, the mechanism is carried out through a program of
socio-educational orientation.
II. In response to the needs of the parties, they may be applied in a manner
complementary and comprehensive.
ARTICLE 318. (APPLICATION OF RESTORATIVE JUSTICE MECHANISMS).
They are those that aim to achieve restorative results, under the following rules:
to)

They must be freely accessible, voluntary and confidential;

b)

They are carried out at the request of the competent authority, with the free consent and
volunteer of the victim, the adolescent person in the Penal System, the mother,
parent, guardian or guardian, guardian or guardian, and the community, who may
withdraw that consent at any point in the process;

c)

The agreements will contain only reasonable and proportionate obligations;

d)

The participation of the adolescent person in the Penal System will not be used
as proof of admission of guilt in legal proceedings
later;

e) Breach of an agreement shall not be used as a basis for a
sanctioning sentence or for the aggravation of a socio-educational measure;
F)

Differences leading to unequal positions, as well as differences
cultural differences between the parties should be taken into account when submitting a
case to a restorative process and when carrying it out;

g)

The safety of the parties must be taken into account; Y

h)

Specialized facilitators should carry out their functions in a manner
impartial, with due respect for the dignity of the parties.

ARTICLE 319. (MEDIATION). Mediation is the procedure by which a
specialized technical person who does not have decision-making power, seeks to bring the parties closer to
establish a dialogue and voluntary communication about the fact that originated the criminal conflict, and
enables the repair to have a restorative nature, beyond compensation for damages
and damages.

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ARTICLE 320. (RESTAURANT CIRCLES). Restorative circles seek
participation and rapprochement of the parties, as well as the family and the community, to reestablish
the ties affected by the commission of the crime.
ARTICLE 321. (SOCIO-EDUCATIONAL GUIDANCE PROGRAMS).
I. They are those personalized and comprehensive accompaniment and follow-up programs
adolescents in the Penal System, who comply with agreements derived from
the application of restorative justice mechanisms, without the participation of the victim.
II. They are designed and implemented by the departmental instances of social management,
within the framework of its competences, based on the diagnosis made by the team
interdisciplinary, through the elaboration of a comprehensive orientation plan for each
adolescent person in the Penal System, and in his case for his family. Will contain
aspects to be developed in the family, educational, work, occupational and spiritual spheres.
III. The comprehensive orientation plan will be executed through intervention sessions
psychological and social relationship with each of the adolescents and their families, using
recording instruments that allow monitoring.

SECTION I
SOCIO-EDUCATIONAL MEASURES
ARTICLE 322. (PURPOSE).
I. The measures have primarily educational purposes of social reintegration and,
when possible, to repair the damage. Likewise, it will have the purpose of avoiding
recidivism through interdisciplinary and individualized intervention to the person
adolescent in the Penal System.
II. Socio-educational measures are carried out in freedom, with restriction and with deprivation of
Liberty.
ARTICLE 323. (TYPES OF MEASURES).
I. The socio-educational measures that are fulfilled in freedom are:
a) Provision of services to the community; Y
b)

Assisted freedom.

II. The socio-educational measures that are fulfilled with restriction of freedom are:
to)

Home regimen;

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b)

Free time regime; Y

c)

Semi-open regime.

123

III. Socio-educational measures with deprivation of liberty are those that are fulfilled under
internment regime.
IV. It may be imposed, when it corresponds in a complementary way, to the adolescent
sanctioned, with the measures indicated in the preceding paragraphs, one or more of the
following rules of conduct:
a) Establish in a specific place of residence;
b) Inform about their residence, and where appropriate, the transfer of address;
c) Enroll and attend a formal education center or acquire a job;
d)

Prohibition to interact with certain people;

and)

Prohibition to go to certain places;

F)

Prohibition of consuming alcoholic, narcotic or psychotropic beverages; Y

g) Receive special instruction, therapy or treatment.
ARTICLE 324. (APPLICATION OF SOCIO-EDUCATIONAL MEASURES).
I. The socio-educational measures in freedom will be applied when the penalty lessens
imposed on the adolescent person is less than one (1) year, without impairing the activity
normal study or work.
II. Socio-educational measures that are fulfilled with restriction of freedom will be applied
when the attenuated sentence imposed on the adolescent is comprised between a
(1) year and two (2) years. The judge will determine the socio-educational measures in deprivation
of freedom.
III. The socio-educational measures depriving liberty will be applied when the penalty
attenuated imposed on the adolescent is greater than two (2) years.
ARTICLE 325. (GUIDELINES FOR THE DETERMINATION AND APPLICATION OF THE
MEASURE). To determine the applicable measure and establish its duration, the Judge must
consider:
to)

The nature and gravity of the facts;

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b) The degree of responsibility of the adolescent;
c)

The proportionality and appropriateness of the measure;

d)

The age of the adolescent and their ability to comply with the measure; Y

and)

The adolescent's efforts to repair the damage.

SECTION II
DEFINITION OF MEASURES
ARTICLE 326. (PROVISION OF SERVICES TO THE COMMUNITY).
I. The provision of services to the community consists of carrying out specific tasks
and free of charge for the common benefit of the population, in the time that the
criminal sanction.
II. The tasks will be in accordance with the abilities of the adolescent person, without damaging the
normal activity, study or work.
III. The socio-educational measure will be fulfilled, exclusively during daytime hours, not being able to
exceed three (3) hours per week, nor be less than one (1) hour. May be fulfilled
on business days, Saturdays, Sundays or holidays.
IV. This measure will be applied for the duration of the sanction and merits the inclusion of the person
criminally responsible adolescent in a program developed for this purpose by the
Departmental Technical Instance of Social Policy.
ARTICLE 327. (ASSISTED FREEDOM).
I. This measure consists of granting freedom to the adolescent, forcing it to
or the latter to submit, during the time that the sanction should last, to supervision,
assistance and guidance from a properly trained technical person.
II. This measure will be applied for the duration of the sanction and merits the inclusion of the person
criminally responsible adolescent in a program developed for this purpose by the
Departmental Technical Instance of Social Policy.
ARTICLE 328. (HOME REGIME).
I. This measure consists of the permanence of the adolescent person in the residence
habitual with his mother, father, guardian or guardian, guardian or guardian. In case of
impossibility or convenience, it will take place in the home of another relative or person
suitable, or establishment of a public or private entity, with the consent and
responsibility.
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II. The domiciliary regime may not affect the fulfillment of the individual execution plan
measure nor the normal development of study or work activities.
III. This measure will be applied in the time in which the sanction should last and merits
the inclusion of the criminally responsible adolescent in a program
developed for this purpose by the Departmental Technical Instance for Social Policy.
ARTICLE 329. (FREE TIME REGIME). This measure consists of the permanence
of the adolescent person in a specialized center on holidays and weekends, in
those who do not have normal study or work activity.
ARTICLE 330. (SEMI-OPEN REGIME).
I. This measure consists of the incorporation of the adolescent person, for the time
that lasts the sanction in a specialized center from which you can only leave to carry out
study, training, work, sports and cultural activities, established in the plan
individual execution of the measure.
II. The Judge or the Judge may suspend these activities for a specified time or establish
its realization within the specialized center, according to the report and recommendation
tracking technique.
ARTICLE 331. (DEMONSTRATION REGIME). This measure consists of the deprivation of
freedom of the adolescent person in the time in which the sanction should last and will be fulfilled in
closed regime in a specialized center.

SECTION III
SPECIALIZED CENTERS
ARTICLE 332. (CLASSIFICATION). For the fulfillment of the socio-educational measures in
liberty and deprivation of liberty, specialized centers are classified into:
a) Guidance Centers. In which care will be provided and
monitoring and evaluation of compliance with justice mechanisms
restorative, socio-educational measures in freedom and those of permanence in
domiciliary regime, as well as precautionary measures in freedom; Y
b) Social Reintegration Centers. In which the detention will be served
preventive, socio-educational measures of permanence in regime in time
free, semi-open and inpatient.
ARTICLE 333. (OBJECTIVES OF THE GUIDANCE CENTERS). Shall
implement, in coordination with the Departmental Technical Instances of Social Policy, the
programs for adolescents in the Penal System to achieve the following objectives:
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to)

Develop systematic, general and personalized intervention, aimed at the
elaboration of the life project aimed at social and family reintegration;

b)

Develop and apply the referral program, promote conciliation, accompany
compliance with socio-educational measures;

c) Execute family and social reintegration programs with suitable professional team
to provide guidance and socio-educational technical assistance;
d)

Supervise home internment; Y

and)

Provide support and follow-up during the execution of the sentence and in
the period after compliance with the measures.

ARTICLE 334. (OBJECTIVES OF THE SOCIAL REINTEGRATION CENTERS). These
centers shall implement, in coordination with the Departmental Technical Instances of
Social Policy, the programs aimed at adolescents with criminal responsibility to achieve the
following objectives:
to)

Develop the general educational project of the center and educational plans
individualized, as well as guide their incorporation into formal education or
alternative;

b) Carry out educational, occupational, therapeutic, recreational, cultural activities
and recreational, individual and group; Y
c)

Provide medical, psychological, dental and pharmaceutical care, as well as the
necessary and adequate clothing and food;

ARTICLE 335. (INTERDISCIPLINARY TEAM). In the centers there will be a team
specialized interdisciplinary care and assistance to adolescents in
the Penal System, which will be in charge of preparing quarterly reports on the results
of the intervention processes, the development of your individual plan and reports and recommendations
periodic on the fulfillment of objectives.
ARTICLE 336. (ADMINISTRATION AND SECURITY OF THE CENTERS). The
administration and internal security of the orientation and social reintegration centers will be in charge,
exclusively, of specialized civilian personnel. External security will be in charge of the Police
Bolivian.
ARTICLE 337. (REGISTRATION).
I. A mandatory personal record and file will be created of the entries and exits of the
adolescent persons in prison, in order to facilitate the specialized treatment of
social reintegration.
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II. Once the adolescent person has been admitted to the Penal System at the reintegration center
social, you will receive examinations, care and appropriate medical assistance.
III. The departure from the specialized center must be adequately prepared during the
execution of the measure, with the assistance of specialists.
ARTICLE 338. (DISCIPLINARY REGIME).
I. The Director of the specialized center may order the application of
control and disciplinary measures established by specific regulations, registering
in the individual file the report of the fault and the fulfillment of its sanction.
II. The specialized centers where custodial measures are carried out must
have internal regulations that will respect the rights and guarantees recognized therein
Code, and contemplate, as a minimum, the following aspects:
to)

Regime of life to which the adolescent will be subjected and subjected within
the entity, with express mention of its rights and duties;

b)

Excise regulation of the sanctions that may be imposed on the
adolescent during the fulfillment of the measure. In no case may
applying cruel, inhuman or degrading disciplinary measures, including
corporal punishment and confinement in dark or unsanitary cells. Should be prohibited
reduction of food, denial of contact with family members,
collective sanctions and the person cannot be disciplined
teenager twice for the same act;

c)

An emergency regime for cases of riots or violent conflicts. I know
limit the use of coercive means, individual or collective, to the cases
when it is strictly necessary; Y

d) The procedure to be followed for the imposition of disciplinary sanctions.
ARTICLE 339. (GENDER SEGREGATION). Adolescents must comply with sanctions
restrictive and deprived of liberty, in centers separate from adolescents, having to enjoy
a differentiated regimen.

SECTION IV
IMPLEMENTATION OF SOCIO-EDUCATIONAL MEASURES
ARTICLE 340. (OBJECTIVE). The implementation of the measures aims to achieve the full
development of the capacities of the adolescent, as well as the adequate coexistence with their
family and with their family environment.
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ARTICLE 341. (RIGHTS IN THE EXECUTION OF THE MEASURE). During the execution of
the measures, the adolescent has the following rights, without prejudice to the others that
may favor:
a) To a dignified and humane treatment;
b) To receive information about the program in which it is inserted, as well as about
your rights in relation to the people and servers who have it and have it under your
responsibility;
c)

To receive health, social and educational services appropriate to their age and
needs, and that those are provided by people with training
suitable professional;
To communicate confidentially with their defender or defender and with the Judge or the
Judge;

d)

and)

To present petitions to any authority and to be guaranteed a response;

F)

To communicate freely with their parents, guardians or guardians, guardians
or tutors; Y

g)

To have her family informed about the rights that correspond to her and
regarding the situation and the rights of the adolescent.

ARTICLE 342. (RIGHTS OF THE ADOLESCENT DEPRIVED OF FREEDOM).
In addition to what is established in the preceding Article, the adolescent deprived or deprived of liberty,
You have the following rights:
to)

To remain hospitalized or interned in the same location or in the nearest one
to the domicile of his mother, father, guardian, guardian, guardian or guardian;

b) That the place of internment satisfies the requirements of hygiene, security and
healthiness; has access to essential public services and is adequate
to achieve their comprehensive training;
c) To be examined or examined by a doctor, immediately after its
entry to the entity, in order to verify previous violations of its
personal integrity and verify any physical or psychological state that requires
treatment;
d) To be kept, in any case, separate or separated from adults
convicted by criminal law;
and)

To participate actively and fully in the development of your individual plan of
execution of the measure;

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F)

To receive information about the internal regime of the institution, especially
on the disciplinary measures that may be applied and on the
procedures for imposing and executing them;

g)

To challenge the disciplinary measures adopted by the authorities of the
entity;

h) Not to be arbitrarily transferred or transferred from the entity where it complies with the
measure. The transfer may only be carried out by written order of the Judge or the Judge;
i)

Unless, in any case, incommunicado or incommunicado or be subjected or
subjected to corporal punishment;

j)

Not to be subjected or subjected to solitary confinement, except when
strictly necessary to avoid acts of violence against oneself or against
third parties;

k) To participate in all educational, training, recreational and
that contribute to the development of their capacities and favor their
social reintegration. The participation of the adolescent in
such activities alleging disciplinary reasons;
l)

To keep in possession of their personal belongings and to have a local
safe to keep them; Y

m) To be informed or informed about the modes of communication with the world
Exterior; to correspond with family and friends; to receive visits
at least weekly and to have access to information from the media
communication.
ARTICLE 343. (DUTIES OF THE ADOLESCENT SUBJECTED TO THE MEASURE
PRIVATIVE OF FREEDOM). The adolescent, deprived or deprived of liberty, has the duty to
know and abide by the regulations of the center where you are and to comply with the provisions of your plan
individual.
ARTICLE 344. (INDIVIDUAL PLAN FOR THE EXECUTION OF MEASURES).
I. The execution of the socio-educational measures will be carried out through the elaboration
of a differentiated individual plan for each adolescent. The plan formulated by the
interdisciplinary team of the Departmental Technical Instance of Social Policy, with the
participation of the adolescent, will be based on the study of the factors and deficiencies
that influenced their behavior and will establish concrete goals, suitable strategies and
deadlines to meet them.
II. The plan must be ready, no later than thirty (30) days from the sentence
duly executed.
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ARTICLE 345. (MAJORITY OF AGE DURING EXECUTION). If during execution
of the socio-educational measure in deprivation of liberty, the person turns eighteen (18) years old
age, the interdisciplinary team of the social reintegration center will assess the situation and the
compliance with the individual plan for the execution of the measure, being able to recommend to the Judge or the Judge
arrange for the young person to remain in the center with periodic evaluations, in an environment
separated from the other adolescents or is transferred to a Penitentiary Enclosure separate from the
Adults.

SECTION V
MEASUREMENT CONTROL
ARTICLE 346. (POWERS). The Judge or the Judge in exercise of the competence of
control of the execution of the socio-educational measures imposed on the adolescent, will have the
following attributions:
a) Monitor that the measures are complied with, in accordance with the provisions of the judgment
that orders them;
b) Ensure that the rights of the adolescent are not violated during the
compliance with the measures, especially in the case of private
Liberty;
c) Periodically carry out inspections of specialized centers to supervise
the situation and social and legal conditions of adolescents;
d) Ensure strict compliance with the individual plan for the execution of measures; Y
and)

Review and evaluate the measures every six months, to modify or replace them if
do not meet the objectives for which they were imposed, or because they are contrary to the
process of development of the and the adolescent.

ARTICLE 347. (MODIFICATION AND REPLACEMENT OF THE MEASURE). For modification
or substitution of the socio-educational measure, the Judge will attend to the following:
I. When the adolescent person with criminal responsibility has breached
unjustifiably and repeatedly the socio-educational measure imposed, the Judge or
The Judge will extend its execution up to the applicable legal maximum and will order its replacement.
by another measure that, in view of discipline, will be stricter.
II. In cases where the socio-educational measure imposed is deprivation of liberty
and provided that the crime committed by the adolescent was not serious, his or her
conduct warranted and in accordance with the fulfillment of their individual plan, the Judge or
the Judge may order, after a hearing, with the presence of the adolescent person
with criminal responsibility, his mother, father, guardian or guardian, guardian or guardian,
his defender or defender and the representative of the center in charge of the execution, who
the last year of the closed regime is completed in a semi-open or freedom regime
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assisted, according to the psychosocial evaluation report of the case, taking into account the
recommendation of the interdisciplinary team.
III. In the previous case, the measure that provides for the assisted freedom or the semiopen, will continue to be monitored by the educator or the educator and the team
interdisciplinary that accompanied the deprivation of liberty.
IV. In cases where the crime committed by the adolescent had been extreme
seriousness, only the powers of suspension or substitution of the
measured when at least half the time of the imposed regime has elapsed.

SECTION VI
RATING AND REPAIR OF DAMAGES
ARTICLE 348. (PROCEDURE).
I. Once the sentence that imposes the socio-educational measure has been executed, the victim or the
Prosecutor may request the Judge or the Judge who issued it, order the repair of the damage
caused or the corresponding compensation.
II. The victim, even the one who has not intervened in the process, may exercise civil action,
within three (3) months of being notified with the final judgment; opposite case,
will be extinguished.
III. The claim must be processed in strict observance of the common procedure,
established by Articles 209 and following of this Code.

ADDITIONAL PROVISIONS
FIRST. The Chambers, Specialized Courts, the Judge and the Judge of other matters, family,
civil, labor, criminal, in processes involving the girl, boy and adolescent, they must
apply preferentially the principles established by this Code.
SECOND.
I.

Articles 5 and 173 are modified, and Article 258 of the Code is replaced
Penal Law, Decree Law No. 10426 of August 23, 1972, elevated to the rank of Law and
amended by Law No. 1768 of March 10, 1997, being drafted
with the following text:
"Article 5. (REGARDING PEOPLE). The criminal law does not recognize
no jurisdiction or personal privilege, but its provisions will apply to
people who at the time of the event were over fourteen (14) years old.
The criminal responsibility of adolescents fourteen (14) years of age and under
eighteen (18) years, will be subject to the special regime established by the Code
Girl, Boy and Adolescent ”.
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"Article 173 (PREVARICATE). The Judge or the Judge who in the exercise of
its functions will dictate resolutions manifestly contrary to the Law, it will be
sanctioned with deprivation of liberty from five (5) to ten (10) years.
If as a result of prevarication in criminal proceedings, a person is sentenced
innocent, a heavier penalty than justifiable is imposed or a
illegally preventive detention, the penalty will be aggravated by one third to
established in the previous paragraph.
The arbitrators or friendly composers or whoever will perform functions
analogous decision or resolution and who incur this crime, will have a
imprisonment of three (3) to eight (8) years.
If economic damage is caused to the State, it will be aggravated by one third.
The penalty will be aggravated by two thirds in the cases described above.
in the case of girls, boys and adolescents, in accordance with legal regulations
current".
“Article 258. (INFANTICIDE). It will be punished with imprisonment of
thirty (30) years, without the right to pardon, whoever kills a girl or a boy from
his birth until his twelve (12) years, when:
1. The act occurred in a situation of vulnerability of the girl or boy
just because it is;
2. The girl or boy who has been a victim of physical, psychological or sexual violence,
prior to death, by the aggressor himself;
3. The girl or boy has been the victim of a crime against individual liberty or
sexual freedom, prior to death by the same aggressor;
4. The death is related to the crime of human trafficking or smuggling;
5. Death is the result of rituals, group challenges or cultural practices
by the aggressor himself;
6. The girl or boy has been a victim of family or domestic violence, with
prior to death by the same aggressor;
7. There is a history of abandonment of the girl or boy, by the same
aggressor;
8. The girl or boy has been the victim of threats within the family, with
prior to death by the same aggressor; Y
9. The girl or boy has been a victim of harassment or hatred within the
family, prior to the death by the same aggressor ”.
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II. Article 85 of the Code of Criminal Procedure, Law No. 1970, of December 25, is amended.
March 1999, being drawn up with the following text:
“Article 85. (ADOLESCENTS IN THE CRIMINAL SYSTEM). If the person
accused is less than eighteen (18) years of age, his prosecution, is
subject to the Penal System for adolescents established in the Girl, Child Code
and Adolescent ”.
III. Article 58 of the General Labor Law is modified, being drafted with the
following text:
“Article 58. The work of minors under fourteen (14) years of age is prohibited.
both sexes, except in the case of apprentices and the exceptions set by the
Girl, Boy and Adolescent Code. Minors under the age of eighteen (18) may not
be hired for jobs that are beyond your strength or that may delay your
normal physical development ”.
IV. The First Transitory Provision (FULL VALIDITY) of the Procedural Code is modified
Civil, Law No. 439 of November 19, 2013, being drawn up with the following
text:
"FIRST. (FULL VALIDITY). This Code will enter into force
full on August 6, 2015 and will be applicable to the processes presented as of
of the reference date, except as provided in the following provisions ”.
THIRD.
I. The Ministry of Labor, Employment and Social Welfare, the Ministry of Justice, and the Ministry
Development Planning, are in charge of developing and establishing in a way
participatory, with all levels of the State, the Prevention and Protection Program
Social for Girls, Boys and Adolescents under fourteen (14) years in activity
labor, so that it generates a national policy of eradication and protection.
II. The Program indicated in the previous paragraph, will include in addition to other initiatives
strategies, mechanisms aimed at promoting the complementation of schooling
mandatory; training, sensitization and others, to families, to the caregiver
or guardian, guardian or tutor, in the event that the cause of the work activity and the
work, be it extreme poverty; the granting of the aforementioned benefits will be subject
to regulations, respecting at all times compliance with the rules provided in
this Code on the prohibition of the work of girls, boys and minors
of fourteen (14) years, and the exercise of their right to education and others established to
favor of this population.
III. The Autonomous Departmental Governments and the Autonomous Municipal Governments,
must participate in the execution of the Prevention and Social Protection Program to
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Girls, Boys and Adolescents under fourteen (14) years of age in work activity, for which
which must foresee the corresponding allocation of resources in their respective Plans
Annual Operations-POA's.
IV. The program preparation stage must include, in coordination with the Institute
National Statistics-INE, a national survey that identifies the amount of
girls, boys and adolescents under fourteen (14) years of age who carry out an activity
work or work, and the determinants that affect this work. From these
data will be elaborated a diagnosis that identifies responsibilities of the State,
family, society, cooperation, private, beneficiary groups, and a pilot plan with the
methodology of eradication of the causes of labor of girls, boys and adolescents
under fourteen (14) years.
V. This Program must be designed within a period of two (2) years from its publication.
of this Code, and be implemented in the following three (3) years.
SAW. As long as the eradication and protection policy is not designed or implemented, the
will apply to girls, boys and adolescents under fourteen (14) years of age, the same
provisions contained in this Code for the protection of adolescents
workers over fourteen (14) years of age.
QUARTER.
I. For the fulfillment of the “Comprehensive Program to Combat Sexual Violence against Girls,
Children or Adolescents ”, the following measures must be implemented and executed:
to)

The Ministry of Government in coordination with the General Directorate of Regime
Penitentiary, will create a national registration system with the payroll of people
with an enforceable conviction for crimes against the sexual freedom of
girls, boys or adolescents.

b) The record indicated in the preceding paragraph will be publicly accessible for purposes
prevention, and will identify the person and their data, including their photograph,
so they will be updated regularly.
c)

The State must implement multidisciplinary teams to monitor and
compulsory psychological or psychiatric treatment, such as security measures,
for the care of people with an enforceable conviction for crimes
against the sexual freedom of girls, boys or adolescents who have fulfilled
with his conviction. These teams will make periodic reports submitted to
the Ombudsman for Children and Adolescents, and will provide the documentation that is
necessary on their evaluations and treatments, before the competent authority
that requires it.

II. The Ministry of Government and the General Directorate of Penitentiary Regime, will have a
term of three hundred sixty-five (365) days, from the entry into force of the
this Code.
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FIFTH. The Ministry of Economy and Public Finance will create program categories
specific and sufficient for compliance with this Code.

TRANSITORY DISPOSITIONS
FIRST.
I. According to the attribution established in Article 183, Paragraph III Subsection 5, of
Law No. 025, Law of the Judicial Branch, of June 24, 2010, the Council of the
Magistracy, after study, will create in each department, considering the load
procedural and needs, Public Courts in matters of Children and Adolescents. Saying
The study must be carried out within one hundred and twenty (120) days, computable from the
putting this Code into effect.
II. Within one hundred and eighty (180) days from the effective date of this
Code, the Plurinational School of Judges must implement permanent courses and
of specialization in gender, generational, girl, boy and adolescent studies,
specialized criminal justice for adolescents with a restorative justice approach and
peace culture. All the judges in Childhood and Adolescence have the obligation to
update their knowledge in these matters within three hundred and sixty-five
five (365) days from the implementation of the courses.
SECOND. The Ministry of Justice within a period of no more than forty-five (45) days from
of the entry into force of this Code, will convene the Sectorial Coordination Council and
Intersectoral for issues of the girl, boy and adolescent, in order that this instance
organize, define and lead the process of implementation of this Code, through the
elaboration of a plan that will contain, obligatorily, the training of the servers that
intervene in guaranteeing the rights of girls, boys and adolescents.
THIRD. Within a period of no more than three hundred and sixty-five (365) days from the commissioning
validity of this Code, the National Institute of Statistics-INE, will carry out a National Census
of Girls, Boys and Adolescents in street situations. In this same period the instances
departments of Social Management, will carry out an identification of all the institutions
public and private that currently have programs and services aimed at this population,
in order to create a specific protection policy for this sector of the girl, boy
and adolescent.
QUARTER. The Autonomous Departmental Governments, within a period of three hundred and sixty
and five (365) days from the entry into force of this Code, will create the centers
specialized for compliance with socio-educational, restrictive and exclusive measures
freedom, as well as the implementation of programs and services to comply with the
socio-educational measures in freedom, and for the materialization of justice mechanisms
restorative.
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FIFTH. The Supreme Court of Justice within a period of no more than six (6) months from the date of
putting this Code into effect, will prepare with the Ministry of Justice, the protocols
participation of girls, boys and adolescents in judicial processes and intervention of the
Interdisciplinary Professional Team.
SIXTH.
I. The processes in process, initiated according to Law No. 2026, Code of the Boy, Girl
and Adolescent, of October 27, 1999; will continue according to the process established in
that order until its conclusion with the judicial authority with which it has been initiated
the referred process.
II. The processes against adolescents processed with Law No. 1970, Code
of Criminal Procedure, of March 25, 1999, will be subject to what is established by
the cited rule, except as provided in relation to precautionary measures and the regime of
socio-educational measures, which will be subject to the provisions of this Code.
SEVENTH. The Ministry of Foreign Affairs, within a period of no more than one (1) year from
of the entry into force of this Code, you must sign the bilateral agreements and agreements
cooperation framework on international adoptions.
EIGHTH. The Ministry of Education, within a period of no more than 180 calendar days computable to
As of the entry into force of this Code, it will design and implement all policies,
programs and plans for peaceful and harmonious coexistence, under the established guidelines
in Articles 150, 151 and 152 of this Code, on protection against violence in the
education system.
NINTH. While the Law of the Plurinational Public Defense Service is implemented, the
Ombudsman for Children and Adolescents will assume the technical defense of the adolescent in the
Penal System, in accordance with the provisions of Article 274 of this Code.
TENTH. The Departmental Technical Instances of Social Policy, within a period not exceeding
three (3) months from the entry into force of this Code, they must implement
specialized technical services of permanent preparation for adoptive applicants,
who will be able to access them without the need for judicial authorization.
ELEVENTH. The State at its central level, in co-responsibility with the Governments
Self-employed must, as of the effective date of this Code:
a) In a period not exceeding five (5) years, eradicate the causes of child labor
through the implementation of specific programs at the national level,
departmental and municipal. In 2019, the National Institute of StatisticsINE will carry out a national survey of girls, boys and adolescents, evaluating the
progress in policies and programs for this population;
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b) In a period not exceeding six (6) months, implement the programs of
prevention, approach and care for girls, boys and adolescents in a situation of
street in order to restore their rights;
c) Within a period of no more than three (3) months, design and implement programs
specific to prevent the association of girls, boys and adolescents in
gangs for illicit purposes.
TWELFTH. The governing body within a period of no more than six (6) months from the commissioning
in force of this Code, will design and must articulate with the Ministry of Health, Ministry
of Government, Public Ministry, Judicial Organ and Penitentiary Regime, the implementation of
prevention, care and protection programs against sexual violence to girls, boys and
teenagers.
THIRTEENTH. The Departmental Technical Instances of Social Policy within a period
no more than three (3) months from the entry into force of this Code, they will design
and will implement quality services with specialized curricula for girls, boys and
adolescents with disabilities and mental illnesses, assuring them a life
worthy.

ABROGATORY AND REPEAL PROVISIONS
ABROGATORY PROVISION. The following regulatory provisions are hereby abrogated
entry into full force of this Code:
a) Law No. 2026, Code of Children and Adolescents, of October 26, 1999;
b) Supreme Decree No. 26086, Regulation of the Code for Boys, Girls and Adolescents,
of February 23, 2001;
c) Supreme Decree No. 24447, of December 20, 1996; Y
d)

All provisions contrary to this Code.

REPEAL PROVISION. The following normative provisions are repealed to the
entry into full force of this Code:
a) Article 389 of the Code of Criminal Procedure;
b) Numeral 6 of Article 70 of Law No. 025, Law of the Judicial Branch, of 24
of June 2010, regarding the suspension, restitution of the authority of the
parents, revocation and nullity of the adoption; the other contentious causes are
maintain in relation to adults;
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c) Article 26 of Law No. 2298, Law of Criminal Enforcement and Supervision, of 20
December 2001; Y
d) All provisions contrary to this Code.

FINAL PROVISIONS
FIRST. This Code will be regulated by Supreme Decree within the term of
ninety (90) days from its effective date.
SECOND. This Code will enter into force on August 6, 2014.
Refer to the Executive Branch, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, two days after the
July of two thousand and fourteen years.
Signed. Eugenio Rojas Apaza, Marcelo William Elío Chávez, Efrain Condori Lopez, Roxana Camargo
Fernández, Nelson Virreira Meneces, Ángel David Cortés Villegas.
Therefore, I promulgate it so that it is upheld and complied with as a Law of the Plurinational State of
Bolivia.

Government Palace of the city of La Paz, on the seventeenth day of July of year two
one thousand fourteen.
FDO. ÁLVARO GARCÍA LINERA, David Choquehuanca Céspedes, Juan Ramón Quintana Taborga
MINISTER OF THE PRESIDENCY AND INTERIM DEVELOPMENT PLANNING, Jorge Perez
Valenzuela, Elizabeth Sandra Gutiérrez Salazar, Daniel Santalla Torrez, Juan Carlos Calvimontes
Camargo, Roberto Iván Aguilar Gómez, Nemesia Achacollo Tola, MINISTER OF DEVELOPMENT
RURAL AND LAND AND INTERIM ECONOMY AND PUBLIC FINANCE, Claudia Stacy Peña Claros,
Amanda Dávila Torres, Tito Rolando Montaño Rivera.

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