Financial Crime World

Bolivia’s Struggle Against Money Laundering: Judge Decides Case Fate

La Paz, Bolivia - A Thorough Investigation Leads to a Decision

After conducting a thorough investigation, the investigating judge (juez de instrucción) has made a decision on whether to transfer the case to trial or withdraw it. The Office of the Attorney General presented its findings to the court, which were based on evidence collected by various agencies, including the Technical Judicial Police and the Institute of Forensic Investigation.

The Case Against Money Laundering

The case involves allegations of money laundering, a serious violation of Bolivian law. According to Article 16 of the CPP (Código de Procedimiento Penal), any agency of the government that believes it has evidence of a violation of a law must present its findings to the Office of the Attorney General, which is responsible for investigating and prosecuting such cases.

Evidence Collection and Seizure

The investigation was carried out by the Office of the Attorney General, with assistance from the Technical Judicial Police and the Institute of Forensic Investigation. The case involved the seizure of documents and records, as well as provisional measures to restrain criminal property.

International Cooperation in Combating Money Laundering

Bolivia has also engaged in international cooperation to combat money laundering. Article 138 of the CPP requires maximum assistance to be given to foreign authorities in requests related to money laundering. Additionally, Bolivia has signed an interinstitutional agreement with the Office of the Attorney General, the National Police, and the FIU (Financial Intelligence Unit) to facilitate coordinated investigations.

International Treaties and Agreements

The country has also ratified several international treaties and agreements, including:

  • The Vienna Convention, which allows for extradition in cases where no treaty exists.
  • The “International Convention for the Suppression of the Financing of Terrorism”.

Extradition Challenges

However, Bolivia’s ability to extradite for money laundering offenses is largely restricted due to a lack of international agreement on this subject. According to Bolivian legislation:

  • There is no provision for extradition for offenses involving the laundering of illicit gains.
  • The code requires dual criminality and only provides for extradition for offenses punishable by imprisonment where the legal minimum is two or more years.

Extradition with the United States

Bolivia has signed an extradition treaty with the United States, which authorizes extradition for offenses punishable by sentences of more than one year. No provision is made for refusing to extradite nationals of the two countries when extradition is requested for offenses related to terrorism, organized criminal activity, and illegal trafficking in controlled substances.

Fighting Terrorism

Bolivia has also signed several international agreements aimed at combating terrorism, including:

  • The “International Convention for the Suppression of the Financing of Terrorism”.
  • United Nations Security Council Resolutions 1368, 1373, and 1377.

Conclusion

The judge’s decision on the case is expected to be a significant step in Bolivia’s ongoing efforts to combat money laundering and terrorism financing. The country continues to work closely with international partners to strengthen its legal framework and improve cooperation in these areas.