Reformed The Law On Procedures For Enforcement Of The Arrest Or Administrative Penalty.

Original Language Title: Refórmase la Ley de Procedimientos para la Imposición del Arresto o Multa Administrativos.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-art.-14-de-la-ley-de-procedimientos-para-la-imposicion-del-arresto-o-multa-administrativos/archivo_documento_legislativo



1 DECREE No. 357

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- Articles 2 and 4 of the Constitution recognizes that everyone has the "right freedom "; it is also understood as a
inherent in the constitutional rule of law and a fundamental value derived from our humanist heritage element. In this sense, liberty equality-like projection is an immediate and inseparable from human dignity, so that
social coexistence is possible only after its recognition and the permanent adaptation of the means to ensure its effectiveness in every age.
II.- That Article 14 of the Constitution determines that corresponds only to the judiciary the power to impose penalties; however, the
Management Authority may sanction by decision or judgment and due process prior infringements of the laws, regulations or ordinances, with arrest for up to five days or with fine, which may be exchanged for social services to the community.
III.- by Legislative Decree No. 457 dated March 1, 1990, published in the Official Gazette No. 70, Volume No. 306, published on March 21, 1990, was issued
Procedures for law enforcement arrest or Administrative penalty, which is to regulate the procedure for imposing arrest or fine for the violation of laws, regulations or
Ordinances, the application responsible Management Authorities.
IV.- That in order to give effect to sentence unconstitutional 107-2012
process, issued by the Constitutional Chamber of the Supreme Court, dated June 29, 2015, in the which declared unconstitutional the final part of Art. 14 of the Act referred to in secondary
Considering above, it is appropriate to adjust it to the provisions of Article 14 of the Constitution.
THEREFORE,
in exercise of its constitutional powers and initiative of Congressman Mario Alberto Tenorio
Guerrero.
DECREES the following:
Reform Act Procedures for the Imposition of Administrative Penalty Arrest or

2
Art. 1. Article 14 reformed as follows:.
"Art. 14. Upon completion of the test term, if he has taken place and that may have been received the ordered or requested, the Authority shall issue a decision within three days, based on the evidence and applicable provisions. If the arrest or fine is imposed, the penalty shall be determined according to the respective law
, but the arrest may not in any case exceed five days. "
Art. 2. This Decree shall enter into force eight days after its publication in the Official Journal
.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, at twenty days
April two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT
.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar,
FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano,
THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL,
QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the eighteenth day of May in the year two thousand and sixteen.
Published,


Salvador Sanchez Ceren 3, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and Public Security.
OJ No. 91 Volume No. 411 Date: May 18, 2016 SV
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geg 07/06/2016 LEGISLATIVE INDEX