Juvenile Criminal Law Reformed.

Original Language Title: REFÓRMASE LA LEY PENAL JUVENIL.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE N ° 349

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Art. 35 of the Constitution establishes that the antisocial conduct of the

minors that constitute a crime or a fault, will be subject to a special legal regime.

II. 863, dated 27 April 1994, published in the Official Journal No 106, Volume No 323, dated 08 In June of that year, the JUVENILE CRIMINAL LAW was issued, in order to regulate the rights of the child

to whom it is attributed or declared to be an author or a participant of the commission of a criminal offence.

III.

IV.-For the reasons set out above, it becomes necessary to reform the Youth Criminal Law, in the form of an active participation of minors in all types of crimes and active implementation within the terrorist groups.

IV. This is the case for the fight against crime in the country, in which minors are involved.

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, Carlos Mario Zambrano Campos and Blanca Rosa Vides.

DECRETA, the following:

REFORMS TO JUVENILE CRIMINAL LAW

Art. 1.-Reform the first paragraph of Art. 52, as follows:

" Art. 52. The child shall be deprived of his liberty only when he is caught in flagrant or written order of the Prosecutor or in his case of the Judge. "

Art. 2.-Reform the third indent of Art. 53, as follows:

" If any of the circumstances established for the deprivation of liberty by judicial order or of the Prosecutor assigned to the investigation are present, he shall order the child's protection to be practice

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a preliminary diagnosis by specialists, within the following seventy-two hours, including those indicated in the foregoing paragraph, will forward it to the Judge, with certification of the established resolution of the

diligent proceedings and will continue the investigation, which will serve as a basis for the discussion on the imposition of the provisional measure corresponding to the hearing. '

Art. 3.-Reform the Acapite and the first paragraph and incorporate it as the second indent of Art. 54, as follows:

" DEPRIVATION OF LIBERTY BY COURT ORDER OR BY THE ATTORNEY GENERAL OF THE REPUBLIC

Art. 54.-The Judge or the Prosecutor assigned to the investigation may order the deprivation of liberty of a minor when all of the following circumstances are present: "

" When the Prosecutor assigned to the investigation orders the deprivation of liberty of a child minor and this is not located, must certify to the Judge of minors the proceedings that he has made within a period not greater than ten days, in order for the competent Judge to apply the measures laid down in Art. 8 of

this Law according to proceed. '

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 twenty-one day 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.

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

CASA PRESIDENTIAL: San Salvador, at the twenty-nine days of the month of April of the year two thousand sixteen.

PUBESLOSE, Salvador Sánchez Cerén,

President of the Republic.

Mauricio Ernesto Ramírez Landaverde,

Minister of Justice and Public Security.

D. O. N ° 81 Tomo N ° 411

Date: 3 May 2016

GM/pch 26-05-2016

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