THE ADOLESCENT CRIMINAL JUSTICE SYSTEM IN BOLIVIA
CRIMINAL LAW AND PROCEDURE
In the Plurinational State of Bolivia, the regime of mitigated criminal liability for adolescents (aged 14 to 17) is regulated by Law No. 548. This mitigated penal system is socio-educational and restorative in nature; it is administered by specialized courts and interdisciplinary teams and is designed to prevent recidivism and foster social reintegration. It seeks to prioritize the best interests of children and adolescents, in accordance with Article 60 of the State's Political Constitution, which states: "It is the duty of the State, society, and the family to guarantee the priority of the best interests of the child and adolescent. This encompasses the preeminence of their rights; primacy in receiving protection and aid under any circumstances; priority in the provision of public and private services; and access to the administration of justice that is prompt, timely, and supported by specialized personnel." ...which forms the basis for the differentiated and protective treatment within the criminal justice sphere.
A distinctive feature compared to adult criminal proceedings is the brevity of timeframes: the entire criminal process—from the initial complaint to the execution of the sentence—cannot exceed eight (8) months, unless the delay is attributable to the adolescent themselves.
The Juvenile Criminal Justice System under Law No. 548.
It is set out in Book III of Law No. 548 (Arts. 259 to 348) and applies to adolescents aged 14 to 17 accused of committing a crime. This system is grounded in the principle of the best interests of the child, recognizes the adolescent as a subject of rights and duties, and seeks to prevent recidivism by fostering their life plans within a specialized jurisdiction distinct from that of adults (Public Judges for Children and Adolescents, Art. 273).
Precautionary measures for adolescents with criminal liability.
These are regulated in Law No. 548, Title III, Chapter II (Arts. 287 to 291), under the heading "Apprehension, precautionary measures, and procedural risks":
• Timing of application: The specialized prosecutor for children and adolescents may request precautionary measures once the formal charging resolution (Art. 293) has been filed, as part of the investigation stage.
• Guiding principle: Precautionary measures must be applied on an exceptional and proportionate basis and for the shortest time possible, always prioritizing measures other than the deprivation of liberty.
• Pre-trial detention: This is the most severe precautionary measure in the available range (Arts. 288 and 289) and is only applicable in exceptional cases where other measures are insufficient to ensure the objectives of the proceedings.
• Execution of the deprivation of liberty: When ordered, it must be carried out in social reintegration centers, with gender-based separation, while respecting the best interests, rights, and guarantees of the adolescent deprived of liberty (Art. 289.III and Art. 334).
Personal precautionary measures (Art. 288)
During the investigation and prior to sentencing, the specialized judge may impose measures to secure the proceedings or protect the adolescent, taking into account their specific legal status.
Measures involving liberty include:
• Placement in the care of parents, guardians, or a social assistance institution.
• Prohibition against visiting specific places or associating with certain individuals.
• Obligation to report periodically to the judge or an assigned authority.
• Residency restriction (prohibition against leaving the country or a specific region).
Pre-trial detention: This is an exceptional measure; when applied, the adolescent must serve it in a specialized social reintegration center separate from adults—under no circumstances in police stations or standard adult prisons.
Termination of pre-trial detention
Constitutional case law (SCP 0170/2019-S2, applying Law No. 548) confirms that an adolescent's pre-trial detention ends when:
a) new evidence demonstrates that the grounds for the detention no longer exist, or that it is appropriate to substitute it with another measure;
b) its duration exceeds the corresponding statutory minimum term for an open regime, based on proportionality with the penalty for the alleged offense;
c) its duration exceeds 45 days without a formal prosecutorial accusation (or 90 days if multiple adolescents are charged), calculated from the date of notification of the formal charge;
d) its duration exceeds 3 months without a first-instance judgment (or 6 months if there are multiple accused individuals).
These timeframes are significantly shorter than those established for adults in the Code of Criminal Procedure, reflecting the principles of specialization and expediency that govern juvenile criminal justice.
Principles governing all precautionary measures in this system
• Exceptionality: deprivation of liberty is the last resort, not the rule.
• Proportionality: the measure must be proportionate to the alleged offense and actual procedural risks.
• Brevity and celerity: shorter timeframes than in the adult system, given the status of the individual as a person in development.
• Specialization: measures may only be ordered by judges specializing in children's and adolescents' matters, supported by specialized staff.
• Confidentiality: the proceedings must safeguard the adolescent's identity and image (in line with the right to protection of one's image recognized in Art. 144 of the same Code).
• Best interests: guides the interpretation and application of any measure, even the most restrictive ones.
Alternative Dispositions and Restorative Justice.
The law prioritizes resolving the conflict while avoiding a formal trial:
• Conciliation: Encouraged for property crimes or offenses involving negligence, seeking reparation for the harm caused to the victim.
• Diversion (Remisión): The Public Prosecutor's Office may refer the case to socio-educational programs if the offense is not serious and the adolescent accepts responsibility.
Socio-educational Measures (Sanctions)
If criminal liability is established during the proceedings, the penalty is reduced by four-fifths compared to that of an adult; punitive sanctions are never imposed, only socio-educational ones:
• Non-custodial measures: Admonition, supervised release, community service, or reparation for damages.
• Custodial measures: Confinement in specialized centers.
Most frequent offenses
Judicial statistics indicate that the main offenses and infractions for which adolescents are detained and admitted to reintegration centers are:
• Offenses against sexual integrity (the majority of reported cases).
• Theft and aggravated robbery.
• Offenses involving the manufacture, trafficking, or transport of controlled substances (micro-trafficking).
• Murder.
In summary, the modified criminal system for adolescents under Bolivian law is fundamentally socio-educational and restorative in nature, in accordance with international treaties in force in Bolivia and the principle of the best interests of the child and adolescent recognized in the Constitution; the maximum duration of criminal proceedings is eight months from the initial complaint to the conviction. This means that procedural timeframes are shorter, thereby upholding the restorative principle.
Deprivation of liberty is a measure of last resort and must be served in specialized detention centers separate from those for adults; cases are handled by specialized institutions within both the Public Prosecutor's Office (prosecutors specializing in children and adolescents) and the Judiciary (Public Courts for Children and Adolescents).
Miguel Ángel Gutiérrez Suarez
Criminal Defense Lawyer
Contact Us.
Our Networks
Subscribe to our newsletter
Av. Alemana, Calle Los Mapajos No. 2125
