Between the normalization of corruption and the weakness of sanction: criminal liability implications for public officials in Bolivia (2015–2025)

Abstract

This article analyzes the structural and symbolic impact of the culture of corruption in Bolivia and its implications for the criminal liability of public officials. Using a doctrinal legal approach supplemented by empirical evidence, it examines the main legal mechanisms established in the Bolivian legal framework for prosecuting and sanctioning corruption-related crimes. The findings reveal a significant dysfunction between written law and institutional practice, marked by the low effectiveness of criminal prosecution, weak institutional autonomy, and a selective application of criminal law. The article argues that this scenario is deeply rooted in a pervasive culture of impunity, the normalization of illicit arrangements within the state apparatus, and the political manipulation of the criminal justice system. These elements distort the foundational principles of the rule of law and undermine the protective character of criminal justice. In response to this context, the study calls for a garantist reinterpretation of the punitive system, one that reinforces legality while promoting structural prevention mechanisms. It also advocates for the institutional strengthening of the Specialized Anti-Corruption Prosecutor’s Office, the implementation of proactive transparency policies, and a comprehensive reform aimed at the professionalization of the civil service. Ultimately, the article calls for a deep transformation of Bolivia’s institutional culture, where the fight against corruption is aligned with the respect for criminal guarantees and the construction of a democratic public ethics. This dual commitment is essential to restore legitimacy to the justice system and to build a more equitable and accountable public administration.