Reforming The Code Of Criminal Procedure.

Original Language Title: REFÓRMASE EL CÓDIGO PROCESAL PENAL.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 354

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Arts 1 and 2 of the Constitution of the Republic state that El Salvador recognizes the human person as the origin and end of state activity

and that every person has the right to life, to the physical and moral integrity, freedom, security, work, property and possession and to be protected in The preservation and defense of the same.

II.-That by Legislative Decree No. 733 dated October 22, 2008, published in Official Journal No. 20, Volume N ° 382, of January 30, 2009, is

issued the CRIMINAL PROCEDURAL CODE.

III.-That the Office of the Prosecutor General of the Republic has verified the existence of

criminal activities in the urban and rural areas of the national territory, such as the mobility of criminals carrying firearms, increased multiple homicide, transfer and abandonment of bodies, transfer of assets of illegal possession or of illicit origin, mass extortion, usurpation of property

and legally established businesses, intimidation of residents and visitors of a the geographical area and the lack of denunciation of the inhabitants against those responsible for the intimidation, among others.

IV. That the extraordinary measures promoted by the Executive Branch and supported by the rest of the State Organ, must be added by others, by nature

legislative teeth to dismantle the criminal orders that come from the interior of the " detention centers, criminals who remain in the various territories that affect legal goods relevant to the society

Salvadoran, for this reason it is necessary to review the punishable behaviors and to update them, taking into account the of those behaviors that injure or endanger the individual and the community.

V. That for the reasons set out above, it becomes necessary to issue the relevant legal reforms to the Criminal Procedure Code, in order to regulate the procedures

of investigation, that guarantee the immediate action of the authorities for the

FOR TANTO,

in use of its Constitutional powers and at the initiative of the Deputies José Antonio Almendariz

Rivas, Guillermo Antonio Gallegos Navarrete, Misael Mejia Mejia, Norman Noel Quijano González, Rodrigo Avila Avilés, Roger Alberto Blandino Nerio, Ana Vilma Albanez de Escobar, Juan Pablo Herrera Rivas, Reynaldo Antonio Lopez Cardoza, Jose Nohe Reyes Granados, Jose Francisco Merino Lopez, Santiago Flores Alfaro, and Carlos Mario Zambrano Campos.

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DECCRETA, the following:

CRIMINAL PROCEDURAL CODE REFORMS

Art. 1.-Reform the number 5) of the first and third indent of Article 27, as follows:

"5) Fraud of energy or fluid services referred to in the first paragraph of Art. 211

of the Criminal Code; and,"

" However, the Prosecutor General's Office General of the Republic will proceed to the investigation when

the crime has been attributed to members of gangs or gangs, illicit groups, associations or terrorist organizations or on behalf of them; the same as a person minor who does not have a parent or guardian, against a person who has no guardian or where the offence has been attributed to one of his/her

ascendants or guardian, when goods have been damaged by the State or when the victim is physically or mentally unable to request the initiation of the investigation to the Prosecutor's Office, that circumstance will be accredited by a forensic expert. "

Art. 2.-Add a second paragraph to Art. 201, as follows:

" During delivery devices under police coverage, undercover police operations,

raids, prison searches or any place of detention and in cases of flagrant prior functional direction of the Office of the Prosecutor General of the Republic, the police may adopt measures to ensure the obtaining, safeguarding or storing of information stored in equipment or

instruments (a) technology and which is useful for research, without prejudice to the possibility of such a seizure. '

Art. 3.-Reform the second paragraph of Art. 325, as follows:

"The immigration restriction ratified by the Judge shall be valid for a period not longer than

thirty days, without prejudice to its review in the initial hearing."

Art. 4.-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.

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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.

CASA PRESIDENTIAL: San Salvador, 12 days of the month of May of the year two thousand sixteen.

PUBESQUIESE,

Salvador Sánchez Cerén,

President of the Republic.

Mauricio Ernesto Ramírez Landaverde,

Minister of Justice and Public Security.

D. O. N ° 87 Tomo N ° 411

Date: May 12, 2016

JG/geg 02-06-2016

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