Constitución vs. Tratados internacionales:La previsión constitucional de la retroactividad penal en Bolivia

Abstract

This Thesis focuses on the analysis of article 123 in fine of the Bolivian Constitution (2009) that literally foresees the retroactivity of the law -also in the criminal sphere- in matters of corruption, to investigate, prosecute and punish crimes committed by public servants against the interests of the State and in the rest of the cases indicated by the Constitution. This determines normative tensions in the legal order, which involve both its national and international sphere. Tensions that are exacerbated when observing the controversial precept in light of the principles of legality, non-retroactivity and due process. Principles enshrined, also legally, in international instruments signed by the Bolivian State. To this end, an analysis is made between the Constitution/International Treaties binomial, with regard to the retroactive application of criminal law, in matters of corruption, taking into account the insurmountable fees imposed by the Rule of Law.