Reforming The Code Of Criminal Procedure.

Original Language Title: REFÓRMASE EL CÓDIGO PROCESAL PENAL.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-codigo-procesal-penal-3/archivo_documento_legislativo

1 Decree N ° 354, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the Arts. 1 and 2 of the Constitution of the Republic establishes that El Salvador recognizes the human person as the origin and purpose of the activity of the State and that everyone has the right to life, to physical and moral integrity, freedom, security, work, property and possession, and to be protected in the preservation and defense of them.
II. that by means of Legislative Decree N ° 733, dated October 22, 2008, published in the official journal N ° 20, volume N ° 382, January 30, 2009, was issued the code of criminal procedure.
III.-that the public prosecutor of the Republic has proven the existence of criminal activities in the urban and rural areas of the national territory, such as the mobility of criminals carrying firearms, increase of multiple homicides, transfer and abandonment of corpses, movement of goods from illegal possession or illicit origin, massive extortion, usurpation of property and legally established business intimidation of residents and visitors to a geographical area and the absence of complaint by residents against those responsible for intimidation, among others.
IV. that the extraordinary measures the executive organ-driven and supported by other organs of the State, must be added others, of legislative nature aimed to disrupt criminal orders coming from inside the detention centres, offenders who remain in the various territories that affect relevant legal goods for Salvadorian society, is therefore necessary review the punishable and update them According to the unworthiness of those behaviours that injure or threaten the individual and the community.
V. For the above reasons, it becomes necessary to issue legal reforms pertaining to the code of criminal procedure, in order to regulate research procedures, which guarantee the immediate action of the authorities for the protection of the fundamental rights of persons.
Therefore, use of his constitutional powers and at the initiative of the members José Antonio Almendáriz Rivas, Guillermo Antonio Gallegos Navarrete, Misael Mejia Mejia, Norman Noel Quijano González, Rodrigo Avila Avilés, Alberto Roger Blandino Nerio, Ana Vilma Albanéz de Escobar, Juan Pablo Herrera Rivas, Reynaldo Antonio López Cardoza, José Nohe Reyes Granados, José Francisco Merino López, Santiago Flores Alfaro and Carlos Mario Zambrano Campos.

2 DECREES, the following: reforms to the code procedural PENAL Art. 1.-reforming the numeral 5) first subparagraph and third paragraph of article 27, as well: "5) fraud of energy services or fluids referred to in subparagraph first of article 211 of the Penal Code; and,""However, the public prosecutor of the Republic will proceed to research when the crime has been attributed to members of gangs or maras, illegal groupings, associations, or terrorist organizations or on behalf of these; the same as one minor who has no parents or guardian, against a unable to that does not have a guardian or when the crime has been attributed to one of his parents or guardian, when they have harmed State property, or when the victim this unable physically or mentally to request the initiation of the investigation to the Prosecutor's Office This circumstance shall be accredited by a forensic".
Article 2.-added a second paragraph to article 201, in the following manner: "during delivery under police cover, undercover police operations, raids, prison requisitions or devices of any place of detention and in cases of flagrante delicto prior functional direction of the Attorney General of the Republic, police may adopt to ensure obtaining, receipt or storage of information stored on computers or technological instruments and measures that will be useful for research ", notwithstanding that it can proceed to its seizure."
Article 3.-reforming the second paragraph of article 325, thus: "the immigration restriction ratified by the judge will be valid for one period not exceeding thirty days, without prejudice to its initial hearing review."
Article 4.-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, twenty-eight days of the month of April of two thousand sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.

3 SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the twelve days of the month of may of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and public security.
D. O. N ° 87 volume N ° 411 date: May 12, 2016 JG/geg 02-06-2016 legislative index