Lex Mundi Global Anti-Corruption Compliance Guide |
|
Bolivia |
|
(Latin America/Caribbean)
Firm
C.R. & F. Rojas - Abogados
Contributors
Diego Rojas |
|
What is the key anti-bribery and corruption legislation in your jurisdiction? | Bribery and corruption are issues regulated by the Bolivian Criminal Code and the Law on Anti-Corruption, Illicit Enrichment and Fortunes Investigation (also known as the “Marcelo Quiroga Santa Cruz Law”) enacted on March 31, 2010. |
Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | The most recent law is Law 1390 “Strengthen the fight against corruption” enacted on August 27 of 2021. |
Is a bribe payment to domestic government officials prohibited by the legislation? | Yes. Bribe payments are prohibited under the Criminal Code, article 158. |
Is a bribe payment to foreign government officials prohibited by the legislation? | Yes, it is prohibited by the Marcelo Quiroga Santa Cruz Law, articles 30, which establishes the following: “He who promises, offers or will grant directly or indirectly, to a foreign public official, or a public international organization, benefits such as gifts, favors or advantages, that result in own profit or that of another person or entity, in order that said official act or refrain from acting in the exercise of its functions to obtain or maintain an undue benefit in relation to carrying out activities international trade, will be punished with deprivation of liberty from five to ten years and a fine of one hundred to five hundred days.” |
Is requesting or accepting a bribe prohibited by the legislation? | Yes, it is expressly prohibited by the Criminal Code, article 145 and the Marcelo Quiroga Santa Cruz Law, articles 31, 145, and 173 bis. |
Who is subject to the legislation? | According to the Criminal Code, article 145, public servants and the authority are subject to the law. The “Marcelo Quiroga Santa Cruz” law establishes, in its fifth article, the following persons as subject to the law:
|
Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes, Law 1390 of August 27 2021 embodies as a novelty the criminal liability of corporate entities. |
What is the penalty for individuals violating the law? | Individuals are punishable by imprisonment ranging from three (3) to ten (10) years depending on the specific offense and a fine ranging from fifty (50) to one hundred and fifty (150) days. |
Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | The penalties for corporate entities violating the law can include:
|
Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | Having a compliance program designed to prevent bribery could help in the defense, but this is not specifically recognized by any norm. |
Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | Yes, the law recognizes certain circumstances in which leniency can be granted, such as:
|
Lex Mundi Global Anti-Corruption Compliance Guide
Bolivia
(Latin America/Caribbean) Firm C.R. & F. Rojas - AbogadosContributors Diego Rojas
Updated 01 Feb 2022Bribery and corruption are issues regulated by the Bolivian Criminal Code and the Law on Anti-Corruption, Illicit Enrichment and Fortunes Investigation (also known as the “Marcelo Quiroga Santa Cruz Law”) enacted on March 31, 2010.
The most recent law is Law 1390 “Strengthen the fight against corruption” enacted on August 27 of 2021.
Yes. Bribe payments are prohibited under the Criminal Code, article 158.
Yes, it is prohibited by the Marcelo Quiroga Santa Cruz Law, articles 30, which establishes the following:
“He who promises, offers or will grant directly or indirectly, to a foreign public official, or a public international organization, benefits such as gifts, favors or advantages, that result in own profit or that of another person or entity, in order that said official act or refrain from acting in the exercise of its functions to obtain or maintain an undue benefit in relation to carrying out activities international trade, will be punished with deprivation of liberty from five to ten years and a fine of one hundred to five hundred days.”
Yes, it is expressly prohibited by the Criminal Code, article 145 and the Marcelo Quiroga Santa Cruz Law, articles 31, 145, and 173 bis.
According to the Criminal Code, article 145, public servants and the authority are subject to the law. The “Marcelo Quiroga Santa Cruz” law establishes, in its fifth article, the following persons as subject to the law:
- Public Servants and former public servants of all State Bodies Plurinational, its entities and institutions at the central level, decentralized or deconcentrated, and of the autonomous, departmental territorial entities, municipal, regional and native indigenous peasants;
- Public Prosecutor's Office, Attorney General's Office, Ombudsman's Office, Central Bank of Bolivia, General Comptroller of the State, Universities and others entities of the State structure;
- Armed Forces and Bolivian Police;
- Entities or organizations in which the State has equity participation, regardless of its legal nature; and
- Individuals who are not public servants that commit acts of corruption.
Yes, Law 1390 of August 27 2021 embodies as a novelty the criminal liability of corporate entities.
Individuals are punishable by imprisonment ranging from three (3) to ten (10) years depending on the specific offense and a fine ranging from fifty (50) to one hundred and fifty (150) days.
The penalties for corporate entities violating the law can include:
- Loss of corporate existence.
- Economic Sanctions
- Fines
- Temporary suspension of any government benefits
- Seizure
- Other Sanctions
- Remedy Sanctions and Prevention Measures.
Having a compliance program designed to prevent bribery could help in the defense, but this is not specifically recognized by any norm.
Yes, the law recognizes certain circumstances in which leniency can be granted, such as:
- To have denounced the acts of bribery to police authorities before the entity has been charged or indicted.
- Collaboration in the investigation process.
- Reparation of damages and conflict resolution.