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.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE N ° 357

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Articles 2 and 4 of the Constitution recognize that all persons have "the right to freedom"; this has also been understood as an element

inherent in the Constitutional State of Law and a value a fundamental derivative of our humanistic heritage. In this sense, freedom-as equality-is an immediate and inseparable projection of human dignity, so that

social coexistence is only possible from its recognition, as well as from the permanent adequacy of the media.

II.-That Article 14 of the Constitution determines that it is solely for the Judicial Authority to impose penalties; however,

Authority

sanction the judgment or judgment and prior due process the contraventions to the Laws, Regulations or Orders, with arrest for up to five days or with a fine, which may be lost for social services provided to the community.

III.-That by Legislative Decree No. 457 dated March 1, 1990, published in the Official Journal No 70, It took N ° 306, published on 21 March 1990,

the Law of Procedures for the Imposition of the Arrest or Administrative Fine was issued, which is intended to regulate the procedure for the imposition of arrest or fine for the Violation of Laws, Regulations or

Ordinances, the application of which is the responsibility of the Authorities Administrative.

IV.-That for the purpose of giving compliance to the sentence in the process of

unconstitutionality 107-2012, issued by the Constitutional Chamber of the Supreme Court of Justice, on June 29, 2015, in which The final part of Art. 14 of the Secondary Law mentioned in the

Recital is declared unconstitutional, it is made appropriate to conform the same to that established in article 14 of the Constitution.

FOR TANTO,

in use of his Constitutional faculties and at the initiative of the Deputy Mario Alberto Tenorio

Guerrero.

DECRETA, the following:

Reform to the Law on Procedures for the Imposition of the Arrest or Administrative Fine

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Art. 1.-Reform Art. 14 as follows:

" Art. 14.-The test term shall be concluded, if it has taken place, and received those which have been ordered or requested, the Authority shall make a decision within a third day on the basis of the evidence and applicable provisions. If the arrest or fine is imposed, the penalty will be determined in accordance

to the respective Act, but the arrest may not exceed in any case of five days. "

Art. 2. This Decree shall enter into force eight days after its publication in the Official Journal

.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-eight days of the

month of April two thousand sixteen.

LORENA GUADALUPE PEÑA MENDOZA,

PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR,

FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ,

THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL,

FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

PRESIDENTIAL HOUSE: San Salvador, at the eighteen day of May of the year two thousand sixteen.

PUBESLOSE,

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Salvador Sánchez Cerén, President of the Republic.

Mauricio Ernesto Ramírez Landaverde, Minister of Justice and Public Security.

D. O. N ° 91 Took N ° 411 Date: May 18, 2016

SV/geg 07-06-2016

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