Tutela de la presunción de inocencia y control constitucional de medidas cautelares previas en delitos patrimoniales en Bolivia

Abstract

This article examines the tension between the fundamental right to the presumption of innocence and the disproportionate use of preliminary precautionary measures, particularly pretrial detention, in cases involving property crimes in Bolivia during the period 2020–2024. Using qualitative, juridical-dogmatic, and hermeneutical approaches, it explores the constitutional implications of liberty restrictions in the preliminary stage of criminal proceedings. The study reviews three key rulings of the Plurinational Constitutional Court (TCP), highlighting divergent criteria regarding the exceptional nature of preventive detention in minor property offenses. The analysis is complemented by national and international constitutional doctrine, as well as statistical data on prison populations and reports of property crimes to contextualize the issue. The findings reveal that, despite reforms to the Code of Criminal Procedure introduced by Laws No. 1173 and 1226, judicial practices continue to undermine fundamental guarantees, turning an exceptional measure into a general rule. The article concludes with recommendations aimed at strengthening the protection of the presumption of innocence, ensuring proportionality in precautionary measures, and promoting judicial practices aligned with constitutional and international standards.