Juvenile Criminal Law Reformed.

Original Language Title: REFÓRMASE LA LEY PENAL JUVENIL.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-penal-juvenil-1/archivo_documento_legislativo



1 DECREE No. 349

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
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I. That Article 35 of the Constitution provides that the antisocial behavior of || | minors constituting a crime or misdemeanor, shall be subject to a special legal regime.
II.- by Legislative Decree No. 863, dated April 27, 1994, published in the Official Gazette No. 106, Volume No. 323, dated June 8 of that year, the law was issued Juvenile, in order to regulate the rights of minors
who is alleged or declared to be or participated in the commission of a criminal offense.
III currently exists a real criminal involvement of minors in all kinds of crimes and active implementation within terrorist groups.
IV.- That for the above reasons, it becomes necessary to amend the Juvenile Criminal Law, in order to combat crime in the country, where minors are involved.
THEREFORE,
in exercise of its constitutional powers and initiative of Deputies Jose Antonio Almendáriz Rivas, Antonio Gallegos Guillermo Navarrete, Misael Mejia Mejia, Norman Noel Quijano González, Rodrigo Avila Aviles, Roger Blandino Nerio Alberto, Ana Vilma Albanez de Escobar, Juan Pablo Herrera Rivas,
Reynaldo Antonio López Cardoza, José Nohe Reyes Granados, José Francisco Merino Lopez Alfaro Santiago Flores, Carlos Zambrano Mario Campos and Blanca Rosa Vides.
DECREES the following:
REFORMS TO JUVENILE CRIMINAL LAW
Art. 1. reformed the first paragraph of Article 52, as follows:.
"Art. 52. The child may only be deprived of his liberty when he is caught in flagrante delicto or by written Prosecutor or, if the court order. "
Art. 2. reformed the third paragraph of Article 53 as well.
"If concurriere any of the circumstances set out for the detention by court order or the prosecutor assigned to the investigation, the guard ordered the child to him
practice
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preliminary diagnosis by specialists, within seventy-two hours, including those indicated in the preceding paragraph, it shall forward to the judge, with certification
founded resolution of the proceedings initiated and will continue the investigation, which will serve as a basis for discussion on the imposition of the provisional measure appropriate to the audience. "
Art. 3. reformed the section and subsection first and added as second paragraph of Article 54, as follows:.
'Imprisonment for JUDICIAL ORDER OR THE ATTORNEY GENERAL OF THE REPUBLIC
Art. 54.- The judge or the prosecutor assigned to the investigation may order the detention of a minor when all the following circumstances: "
" When the prosecutor assigned to the investigation ordered the detention of a minor and this whosoever shall not be located, the judge must certify juvenile proceedings that he had incurred in a period not exceeding ten days, so that the competent court to apply the measures set out in Art. 8
this Act as appropriate. "
Art. 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, on the twentieth day of April two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.

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ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, this twenty-ninth day of April in the year two thousand and sixteen.
Published, Salvador Sanchez Ceren,
President of the Republic.
Mauricio Ernesto Ramirez Landaverde,
Minister of Justice and Public Security.
OJ No 81 Tomo No. 411
Date: May 3, 2016
GM / pch 05/26/2016
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