Penal Code Reformed

Original Language Title: REFÓRMASE EL CÓDIGO PENAL

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE N ° 347

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 conservation and defense of them.

II.-That by Legislative Decree No. 1030, dated April 26, 1997, published in Official Journal No. 105, Volume N ° 335, of June 10 of the same

year, the Penal Code was issued.

III.-That the Attorney General's Office 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 geographical area and the absence of denunciations of the inhabitants against those responsible for the intimidation, others.

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

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

Salvadoran, therefore it is necessary to review the punishable behaviors and update them, taking into account the value of those behaviors that injure or endanger the

V.-That for the reasons expressed, it becomes necessary to issue the relevant legal reforms to the Penal Code, in order to regulate new criminal typologies and the

modification of current penal types, which ensure the immediate action of the authorities for the defence of fundamental rights of people.

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 Aviles, 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

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Alfaro and Carlos Mario Zambrano Campos.

DECCRETA, the following:

REFORMS TO THE CRIMINAL CODE

Art. 1.-Reform Art. 128, as well:

SIMPLE HOMICIDE

Art. 128.-The one who will kill another will be punished with imprisonment of fifteen to twenty years. "

Art. 2.-Incorporation following Art. 152, in Book II, Title III, Chapter I, of Offences

relating to Individual Freedom, Art. 152-B as follows:

ILLEGAL LIMITATION TO FREEDOM OF MOVEMENT

Art. 152-B.-That, by means of violence, intimidation or threat on persons or property, prevent another circular freely, enter, remain or leave any place of the territory of the

Republic, will be sanctioned with imprisonment of four

In the same sanction, it will incur any of the conduct described in the previous paragraph

and it will be executed to the detriment of any person as long as I make or intend to carry out lawful acts of commerce.

If the behavior described in the previous paragraph is performed by two or more people, it will be

If violence, intimidation or threat to persons or property be carried out in order to force another to leave their place of residence, residence, work, studies or to carry out their activities, " any lawful activity, the penalty of eight to twelve years of imprisonment shall be imposed. "

Art. 3.-Add to Art. 155, numerals 6), 7), 8), 9) and 10), as follows:

" 6) If action is taken against minors, students, teachers or educational staff;

7) If the action is taken in educational institutions, places for any religious worship, communal houses, parks, health facilities, commercial facilities or sports facilities;

8) If the action is carried out in relation to gang members or maras, groups, associations or criminal organisations or on behalf of them;

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9) If the action is performed by using any form of language not verbal, such as graffiti, signs, inscriptions, symbols, drawings or others; and,

10) If the event is committed using any means for telecommunications traffic. "

Art. 4.-Reform Art. 188, as follows:

RAID OF ABODE

Art. 188.-The particular that, without dwelling in it, is introduced into an alien or its

dependencies, without the consent of the person who will inhabit it, in a clandestine manner or with deception or remain in it against the will of the morador, despite the intimation to leave it, will be punished with imprisonment of two to four years and fine of thirty to fifty days fine.

If the income or permanence is done, one or more of the following circumstances is present: with violence in the people, taking advantage of the nocturnity, carrying weapons of any kind, simulating

being an agent The penalty will be three to six years imprisonment and fine of fifty to one hundred days fine. "

Art. 5.-Reform Art. 189, as follows:

" RAID OF PLACE OF WORK OR ESTABLISHMENT OPEN TO THE PUBLIC

Art. 189.-The one who enters or holds against the will of his holder in the reserved place of work of a person or in establishment or local open to the public, during the usual time of

operation or out of the hours of In the case of the opening, in a clandestine manner or with deception or remain against the will of the person responsible for the establishment, despite the intimation to abandon him, he will be punished with imprisonment of two to four years and fine of thirty to fifty days fine.

If the entry or stay is made by attending one or more of the following circumstances: violence in people, taking advantage of the nocturnity, carrying weapons of any kind, simulating being

agent of authority or by two or more persons, the sanction will be three to six years of imprisonment and fine of fifty to one hundred days fine. '

Art. 6.-Reform Art. 203, as follows:

" INDUCTION INTO ABANDONMENT

Art. 203.-The one who will reduce the age of eighteen to leave the house of his parents, guardians or personal care managers or the educational center to which he attends, will be punished

with prison of three to six years. "

Art. 7.-Derogase the numeral 9) of Art. 208.

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Art.8.-Derogase Art. 210.

Art.9.-Reform Art. 211, as follows:

ENERGY OR FLUID SERVICES FRAUD

Art. 211.-The one who obtains and uses illicitly, utilities of electrical energy, water, telecommunications, such as telephony, television or internet, or will tolerate another to do so, will be

sanctioned with one to three years of imprisonment and A fine of thirty to forty days fine.

If the illicit use of these services is carried out by means of intimidation, threats or violence

in the holders or users of the services or the persons in charge of their connection, or maintenance, or in illegally occupied buildings, the penalty will be three to six years in prison and fine of sixty to one hundred days fine. "

Art. 10.-Reform Art. 214-A, as follows:

RECEIPT

Art. 214-A.-The one who, without prior checking of his legitimate origin, acquires, receives or hides money or things that are the product of any crime or lack in which he has not participated,

will be punished with imprisonment of three to six years.

The active subject must be presumed to be of the illegal origin when there is

notorious disproportion between the price of the acquisition and its real value; when they are displayed, delivered or sold in a manner clandestine; or where there is any element of judgment sufficient to suppose that he knew his illicit origin. '

Art. 11.-Reform of Art. 214-B, as follows:

" DRIVING OF GOODS OF DOUBTFUL ORIGIN

Art. 214-B.-The one who in motor vehicle of cargo will reduce merchandise without the due

documentation that protects the legitimate property or provenance of the same, regardless of the quantity, will be sanctioned with a penalty of three to six years of imprisonment. "

Art. 12.-In addition to Art. 214-B, Chapter II-BIS, as follows:

" CHAPTER II-BIS CRIMES RELATING TO MOTOR VEHICLES

THEFT OF MOTOR VEHICLES

Art.-214-D.- Illegally nicknamed an alien motor vehicle, totally or partially, will be sentenced to imprisonment of eight to twelve years.

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AUTOMOTIVE VEHICLE MISAPPROPRIATION

Art. 214-E.-The one who will take advantage of himself or another, of a vehicle that has been entrusted to him or delivered by any title that carries the obligation to restore it, to return it or to make of it a certain use, will be sanctioned with penalty of Five to eight years in prison.

THEFT OF MOTOR VEHICLES

Art. 214-F.-The unlawful seizure of a motor vehicle that is foreign, totally or partially with violence in persons, whether the force or violence takes place before the theft to facilitate it, in the act of committing it or after committing achieve the proposed end or impunity,

will be punished with imprisonment of ten to fourteen years.

DISARMAMENT OF AUTOMOTIVE VEHICLES

Art. 214-G.-The one that subtract parts or parts of an automotive vehicle belonging to another person, without taking hold of it, for the purpose of obtaining profit for itself or for another, will be

sanctioned with imprisonment of four to eight years.

RECEPTION OF AUTOMOTIVE VEHICLES OR THEIR PARTS FROM THEFT OR THEFT

Art. 214-H.-The one who owns, acquires, receives, stores, hides, transports, holds or enjene to any title an automotive vehicle or parts thereof, knowing that it is from a theft or

theft, without having taken part in the execution of the offense, will be punished with penalty of five to ten years in prison.

ILLICIT USE OF AUTOMOTIVE VEHICLE

Art. 214-I.-That without proper authorization or without lawful cause I will use, without intention to appropriate

a vehicle and will carry out its restitution or leave it voluntarily in conditions that allow the holder to recover it, will be punished with penalty

The person who will use a motor vehicle from a theft or theft, whether or not he has participated in it, for the execution of another crime, will be punished with a sentence of imprisonment of five to ten years.

MODIFICATION OF MOTOR VEHICLE SERIAL AND CIRCULATION PLATES

Art. 214-J.-Which without legal authorization erase, muse, cover, alter, destroy, remove, remove

or in any way modify identifying serial numbers recorded or attached to the bodywork, engine or chassis by the manufacturer of a In the same way, it will be punished with imprisonment of three to six years.

In the same sanction it will incur the one that illicitly manufactures, alters or modifies the identification plates of circulation of the motor vehicles in order to procure the impunity of the authors or their accomplices, of the offences provided for in this Chapter; or obtain an economic benefit for itself or for a third party.

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POSSESSION AND ILLEGAL POSSESSION OF CIRCULATION PLATES

Art. 214-K.-Without legal justification, possessing or having identification plates or documents of movement of motor vehicles, whether true or false, shall be punishable by imprisonment of three to six years. "

Art. 13.-Incorporation between Arts 337 and 338, Art. 337-A, as follows:

AGGRESSIVE RESISTANCE

Art. 337-A.-The one who, through violence, intimidation or threat, would prevent, interfere or

will hinder the conduct of an act of investigation, judicial or administrative diligence emanated by the National Civil Police, Prosecutor General of the Republic, the Judicial Branch or Public Institutions related to judicial proceedings, will be punished with imprisonment of three to six years.

When the conduct described in the previous paragraph was committed with firearms, it will be sanctioned with prison for four to seven years. "

Art. 14. -Reform Art. 345, as follows:

ILLICIT GROUPINGS

Art. 345.-The following organizations, associations and organizations shall be considered criminally unlawful:

1) Those with at least these characteristics: that they are made up of three or more persons; of a temporary or permanent nature; or law; that they have some

degree of structuring and that they have the purpose of delinquiring; and,

2) Those mentioned in Art. 1 of the Law on the Proscription of Maras, Gangs, Pools,

Associations and Organizations of Criminal Nature.

The one that takes part in a grouping, association, or organization illicit of those mentioned in

the numerals 1) and 2) of this article, will be sanctioned with imprisonment of three to five years.

The creators, organizers, bosses, leaders, financiers or leaders of the aforementioned

groups, will be punished with imprisonment of nine to fourteen years.

The one I will recruit, I will reduce by deception or force through acts of violence, intimidation

or threats to minors for their entry or incorporation into the various forms of groups referred to in this Article or shall use minors as part of a criminal structure, will be punished with imprisonment of fifteen to twenty years.

If the author or participant is a public authority, agent of authority, official or public employee, the penalty will be aggravated up to one third of the maximum in each case and the absolute disabling of the charge for twice the time.

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Those that promote, assist, facilitate, or favor conformation or permanence in the groups, associations or organisations included in this Article or any person

who, in the knowledge of their illegality, receive direct or indirect benefit from the relations of any nature with such organisations, They will be punished with the penalty of three to six years. prison.

The one who, on its own or through another, requests, demandes, offers, promotes, formulates, negotiates, agrees or deals with criminal non-prosecution agreements or the establishment of any prerogative for

unlawfully dispensing another or other, the application of the provisions of the Law, or offer benefits or advantages to the members of the groupings, associations or organizations included in this article, shall be punished with imprisonment of five to fifteen years.

In the same sanction will be incurred by those who, as intermediaries, negotiators, mediators, interlocutors or other such persons, promote or participate in the conduct referred to in the preceding paragraph

.

The proposal and conspiracy to commit any of the facts provided for by the present

provision, will be sanctioned with imprisonment of six months to two years.

This criminal type will be punished in contest with others crimes. "

Art. 15.-Reform Art. 345-A, as follows:

ILLEGAL USE OR OCCUPATION OF REAL ESTATE

Art. 345-A.-The use or occupation of real estate, uninhabited or abandoned places, in order to carry out the conduct described in the previous article, will be sanctioned with imprisonment

from three to six years. "

Art. 16.-Incorporation between Arts 345-A and 346, Art. 345-B, as well:

VIOLENT OCCUPATION OF COMMUNAL, HOUSING OR WORK SPACES

Art. 345-B.-The person who participates individually or collectively in temporary or permanent occupation or occupation of buildings, houses, residences, buildings, private facilities, places of public use or intended for any religious worship, is total or partially; by violence, threats or

intimidation, or by referring to members of gangs or gangs, groups, associations or criminal organizations, or on behalf of them; and affecting the provision of a public service or public utility, the peace of the staff or users, the activities " Commercial, ordinary or the

peace of mind, will be sanctioned with imprisonment of eight to twelve years.

In case of the use of weapons, explosives or similar articles, the elements are present

established in Art. 6 of the Law Special Against Acts of Terrorism, the latter shall apply. "

Art. 17.-Reform Art. 347, as follows:

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ILLICIT TRAFFICKING IN FIREARMS

Art. 347.-The one who, by itself or through another person and without the legal authorization, will manufacture, import, export, deposit, store, hold, transport, supply or carry out any other activity of trafficking in firearms, parts of these, ammunition or explosives, whose use this

regulated by Law, will be sanctioned with imprisonment of five to fifteen years.

The deposit of regulated firearms will be considered, the meeting of five or more of those

arms, even and when they are in dismounted parts.

firearms, ammunition, explosives or items

similar without the corresponding legal documentation, will be punished with imprisonment of three to five years.

If the person who conducts the conduct described in the previous paragraph is the holder or legal representative of an authorised importer or trader, the penalty shall be five to ten years 'imprisonment.'

Art. 18.-Incorporation between Arts 347-A and 348, Arts 347-B and 347-C, as follows:

ILLEGAL MODIFICATION OF FIREARMS

Art. 347-B.-The one which, by itself or through another falsificare, will alter, delete, insert or replace the individualizing marks placed by the manufacturer of a firearm, such as the type, model or serial number, or order or permit another who will, will be sanctioned with

prison of four to eight years.

In the same sanction will he incur any modification not permitted by the Law of Control

and Regulation of Arms, Ammunition, Explosives and Similar Articles.

GARMENT ON FIREARMS

Art. 347-C.-The one who will lend money on firearms, ammunition or accessories, even if I will measure tuition and license for their carrying, will be sanctioned with prison of one to three years. "

Art. 19.-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 the year two thousand sixteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

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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.

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 Took N ° 411 Date: 3 May 2016

FN/geg 26-05-2016

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