What is Bail in Bolivia?
Bail is a substitute measure for preventive detention. Through the Guarantee, property rights are affected and/or restricted, in order to guarantee the normal and functional development of the criminal process
The Constitutional Sentence 0760/2012 of August 13, 2012 establishes the following: ” According to the ABC dictionary, it is called guarantee to that guarantee that mainly seeks to ensure the effective fulfillment of an obligation, while the term is used, mostly, with two senses, as a real guarantee or as a personal guarantee. “
On the other hand, the Code of Criminal Procedure regulates this measure through its Article 240, establishing the bail bond, the personal bond, and the financial bond. Therefore, we will proceed to explain the scope and operation of each of them.
The Bail Bond in Bolivia
The bail in accordance with the Code of Criminal Procedure proceeds when the accused has been benefited with the conditional suspension of the sentence, judicial pardon or when he demonstrates a state of poverty that precludes guaranteeing a real bail.
The obligations to be fulfilled in this bond are as follows: The accused must appear before the judicial authority when it is required, present himself in each of the procedural activities and maintain the address indicated.
The Personal Guarantee in Bolivia
The personal guarantee is the obligation assumed by third parties, which guarantees the presence of the accused in the process.
In the event that the defendant will not appear, these people jointly and severally will have the obligation to cancel an amount imposed by the competent judicial authority.
The economic bail or real bail in Bolivia
The economic bond or real bond, is constituted with real estate, securities or money, through this guarantee is to ensure that the accused will comply with the obligations imposed by the judicial authority, the cost of this bond in Bolivia is set through the economic capacity of the accused.
In the case of real estate, the title deed will be presented to demonstrate that it would not have any encumbrance or that, if it is taxed, it is a sufficient guarantee, in the case of being movable property, the judicial authority will designate a depository and, in the case of money, it must be deposited in a bank account as a guarantee.
In the event of default and rebellion on the part of the accused, these bonds shall be executed, with the judicial authority having the power to order the sale by public auction.