Reforming The Special Law Of Extinction Of Domain With The Administration Of The Goods Of Origin Or Illegal Destination.

Original Language Title: REFÓRMASE LA LEY ESPECIAL DE EXTINCIÓN DE DOMINIO Y DE LA ADMINISTRACIÓN DE LOS BIENES DE ORIGEN O DESTINACIÓN ILÍCITA.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

1

DECREE NO 355

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Arts 1 and 2 of the Constitution of the Republic establish that El Salvador recognizes the human person as the origin and the end of the activity of the State and that every person has the right to life, to integrity physical and moral, to freedom, security, work, property and possession and to be protected in conservation and defense of them; recognizing in Art. 22 of the Magna Carta, the right to freely dispose of their property and to transmit the property in the way they determine the Laws.

II.-That by Legislative Decree No. 534, dated November 07, 2013, published in Official Journal No. 223, Volume No. 401, of the 28th of the same month and year, was issued the Special Law of Extinction of Domain and of the Administration of the Goods of Origin or of the Illicit Destination, the one that has by object to regulate the procedure that regulates the action of extinction of dominion in favor of the State, on those goods that

only way that exists in El Salvador for the construction of heritage and wealth is that of honest work and strict adherence to the laws of the Republic. consequence, they will not enjoy any kind of protection, in the case of goods of economic interest, of origin or illicit destination.

IV.-That for the reasons explained above, it becomes necessary to issue the relevant legal reforms to the Special Law on the Extinction of the Domain and the Administration of the Goods of Origin or the Illicit Destination, a To ensure strict adherence to the Law.

BY 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 López Cardoza, José Nohe Reyes Granados, José Francisco Merino López, Santiago Flores Alfaro and Carlos Mario Zambrano Campos.

DECRETA, the following:

REFORMS TO THE SPECIAL EXTINCTION LAW DOMAIN AND ADMINISTRATION OF THE GOODS OF ORIGIN OR ILLICIT DESTINATION

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

2

Art. 1.-Reform the third indent of Art. 23, as follows:

" If precautionary measures have been enacted in the investigation phase, the specialized prosecutor must present the application for the initiation of the extinction of the domain or decree the file as appropriate, within a maximum period of 90 days, extended by the Judge for an equal period of time, under the penalty of lifting the measure, in order to avoid affecting the rights of third parties in good faith free of fault. The foregoing without prejudice to disciplinary measures and criminal actions to be taken. "

Art. 2.-Reform the literal f) of the first paragraph of Art. 27, as follows:

" f) Decretar the relevant precautionary measures on the goods subject to the action of extinction of dominion and submit them to the ratification of the specialized Judge within the five the following working days. '

Art. 3.-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 of 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, 12 days of the month of May of the year two thousand sixteen.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

3

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

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

D. O. N ° 87 Took N ° 411 Date: May 12, 2016

GM/geg 2/06/2016

___________________________________________________________________ LEGISLATIVE INDEX