CIVIL LIABILITY OF MINOS IN BOLIVIA
CIVIL LAW
Our Political Constitution of the State promotes values such as equality, inclusion, dignity, freedom, solidarity, respect, harmony, and responsibility, among others, for living well. Under these principles and moral values, the Constitution itself guarantees the protection, exercise, and mechanisms designed to protect children and adolescents, considering all persons under the age of 18.
However, questions arise that are rarely addressed by Bolivian society, such as: What happens when the perpetrator of a crime is a minor? Or, who is responsible when a minor causes civil damage? Given these questions, it is imperative to determine who assumes legal responsibility for their actions.
This article aims to clarify these doubts, briefly addressing the criminal sphere and, in greater depth, the system of civil liability for minors in Bolivia.
FIRST: Criminal Liability.
In criminal matters, minors are considered criminally responsible from the age of fourteen (14) until they reach eighteen (18) years of age, as established by Law 548, the Children and Adolescents Code. This means that if a minor within this age range commits an act classified as a crime, the maximum criminal penalty of deprivation of liberty is six (6) years. However, they are not prosecuted under the ordinary adult criminal justice system; instead, they are subject to treatment in Specialized and Priority Jurisdiction, applying socio-educational measures, prioritizing constitutional guarantees such as the best interests of the child, due process, and the exceptional nature of deprivation of liberty, except in cases of arrest in flagrant crime. The sanctions applied to minors are geared towards social reintegration rather than punitive punishment, without prejudice to the corresponding civil action that will be processed before the competent judge.
SECOND: Civil Liability. –
Now, in civil matters, the situation for minors is very different, since substantive civil law states that the age of majority is reached at eighteen (18) years of age. This is in accordance with the provisions of Article 58 of the Political Constitution of the State and Article 5 of the Children and Adolescents Code. However, in tort law, the fundamental premise is that "whoever causes harm to another is obligated to repair it." Nevertheless, when the perpetrator is a minor, being subjects of rights, the legal system must balance the protection of the victim with the reality of the child's or adolescent's capacity for discernment.
The Bolivian Civil Code, in Article 988, establishes a rule of "imputability" based on age. Unlike criminal liability, which has its own parameters, civil law dictates the following: Art. 988 (Damage Caused by a Person Not Criminally Responsible): Anyone who, at the time of committing a harmful act, was under ten years of age or was otherwise incapable of understanding or consenting to their actions, is not liable for the consequences of their act unless their incapacity resulted from their own fault.
What does this mean?
• Children under 10 years of age: The law presumes that they lack "discernment" (the capacity to distinguish right from wrong or understand the consequences of their actions). Therefore, they cannot be held legally responsible.
• Children over 10 years of age: From this age onward, a minor is considered civilly liable. This means they possess the capacity to commit an "unlawful act," and theoretically, their assets could be affected to compensate for the damage. However, in practice, since they lack their own income, the responsibility shifts to their parents.
Some practical examples would be:
CASE NO. 1: Damage to Private Property in Accidental Vandalism: During Carnival, a minor threw a water balloon at a moving vehicle, breaking one of the side windows and causing financial damage to the owner.
Who is liable in this case?
A. - If the minor was over 10 years old and had the capacity to understand the consequences of their actions, Bolivian law recognizes that they usually do not have sufficient assets to cover substantial compensation. Therefore, vicarious liability (indirect liability) applies. According to Articles 990 and 991 of the Civil Code, the parents are primarily responsible for damages caused by their minor children who live with them or are under their guardianship and supervision. This liability is joint and several between both parents, as they hold parental authority.
CASE NO. 2: Theft of Property Without Discernment: A 9-year-old child steals money and jewelry from a relative's wallet. The child did not live with their parents but was under the care of a relative.
Who bears the burden in this situation?
A. In the absence of parents, the guardians assume this civil liability; that is, they are responsible for negligence in supervision (guilt in watching). Considering that the child has no assets to compensate for the damage caused, and is also considered legally incapable of committing a crime, it is presumed that they acted without discernment. In this case, the principle of Compensation for Damages Caused by a Legally Incapable Person applies, unless it is proven that the act could not have been prevented.
CASE NO. 3: Injuries at an Educational Center: In a music class, a child accidentally injures a classmate with a violin bow, requiring emergency medical attention.
To whom is the responsibility attributed?
If the incident occurred at an Artistic or Craft Training Center, and the minor was under the supervision of a teacher, the responsibility shifts to them (unless they can prove they were unable to prevent the incident). The parents of the affected minor can sue the institution, the teacher, or both, under the principle of Teachers' Liability and the liability of those who teach a trade. Teachers and those who teach a trade are responsible for their unemancipated minor students and apprentices under their supervision, unless they can demonstrate that they were unable to prevent the incident.
CONCLUSION:
The Bolivian legal system offers a comprehensive protection framework that seeks to balance social justice with reparation for damages. It establishes that a minor is criminally responsible from the age of 14 and civilly liable from the age of 10, meaning that the State recognizes the progressive development of discernment in young people. When an act committed by a minor is classified as a civil wrong, the victim's right to financial compensation is immediately activated. This obligation, as a general rule and under the concept of indirect liability, must be assumed by the parents or guardians in the exercise of their role of guardianship, custody, or supervision.
However, beyond the financial or legal consequences, these scenarios reveal a shared responsibility. That is to say, it is the imperative duty of parents, guardians, and the State itself to adopt preventive mechanisms focused on education in values, solidarity, and a sense of responsibility. Strengthening "good customs," both within the family and in society, not only to prevent legal conflicts, but also to ensure that the exercise of the rights and duties of girls, boys and adolescents in Bolivia develops in harmony with the common good.
Hugo Soleto Espinoza
Litigation and Corporate Lawyer
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