An extremelly important Editorial from El Diario:
Illegal annotation of family assets
The fact that any public prosecutor’s office in the country has preventive annotations of property of relatives of persons who have matters to do with justice for offenses or crimes that they have committed, causes a cause of alarm and concern in the community, a measure that is arbitrary and illegal because it is not foreseen neither in the Civil Code nor in the Criminal.
In this regard, the president of the Bar Association of La Paz, said: “The judicial authorities can not make preventive notes of property of people who have nothing to do with investigations against a political leader, worse if they are their relatives”. The clarification, according to the respective codes, is clear and strict; but, everything shows that a prosecution, just to hold the office, “can proceed to the extreme measure of punctually posting the property of whoever is accused of a crime.”
The same jurist said: “within the same Civil Code, it establishes precautionary measures that have to do with the preventive annotation to prevent a debtor from selling his property or transferring it to third parties, trying to separate responsibilities. Pre-emptive notation is a guarantee for the debtor to pay their bills with their assets, in case they do not have money to liquidate them.” He also referred to another remedy “there is a legal action called oblique or paulian, which applies in case of detecting that an investigated subject makes transfers of assets to third parties to avoid liability of debts with individuals or the State.”
For their part, those close to the public prosecutor’s office maintain that the entry of assets would be “private action of the prosecutor” and that, therefore, would be in the field of legality. The fact is that there is no jurisprudence either in the country or at the international level that the judicial authorities have provided notices of family assets prosecuted for financial reasons because, in principle, it is understood that “can not be a direct part of a misdemeanor committed, unless the verifications of criminal acts “in fraganti” have been made and, in addition, it is recognized by the person who committed the offenses or crimes imputed”.
The prosecution, by moral and legal principle according to the codes, can not and must not judge what corresponds directly to the judge of the cause and less dispose preventive annotations; Doing so implies an offense against the rights of persons who have the right to own property legally acquired and that can not be affected by what has committed who is subject to the action of justice. Preventive annotation of family property is abnormal and illegal, its application creates a dismal history for the administration of justice that is part of the fulfillment of respect for human rights.
Not only the coca grower caudillo has wasted $180 billion dollars of our money, but has destroyed the rule of law, he controls ALL state powers for the last eleven years …