Penal Code Reformed

Original Language Title: REFÓRMASE EL CÓDIGO PENAL

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-codigo-penal-a-fin-de-regular-nuevas-tipologias-delictivas-y-la-modificacion-de-tipos-penales-vigentes/archivo_documento_legislativo



1 DECREE No. 347

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- Arts. 1 and 2 of the Constitution of the Republic states 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.- by Legislative Decree No. 1030, dated April 26, 1997, published in the Official Gazette No. 105, Volume No. 335, June 10
same year, he was issued on Penal Code.
III.- That the Attorney General's Office has verified the existence of
criminal activities in urban and rural areas of the country, such as the mobility of criminals carrying firearms, increased multiple homicides, transfer and abandonment of corpses, transfer of assets or unlawful possession of illicit origin, massive extortion, usurpation of properties
and legally established businesses, residents and visitors intimidation of a geographical area and the absence of complaint of the people against those responsible for intimidation, among others.
IV.- That extraordinary measures promoted by the Executive Branch and supported by other branches of government, must join others
legislative nature designed to dismantle criminal orders from inside centers imprisonment, offenders who remain in the various relevant legal areas affecting
goods for Salvadoran society it is necessary to review and update the criminal conduct, considering the worthlessness of those behaviors that injure or endanger the individual and community.
V.- That for the reasons stated, it becomes necessary to issue the necessary legal reforms to the Criminal Code to regulate new criminal typologies and
modification of existing criminal types, to ensure immediate action by the authorities for the defense of fundamental rights of people.
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, Santiago Flores

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Alfaro and Carlos Zambrano Mario Campos.
DECREES the following:

AMENDMENTS TO CRIMINAL CODE Art. 1. Article 128 reformed as well.
"SIMPLE HOMICIDE
Art. 128.- who kills another shall be punished with imprisonment of fifteen to twenty years. "
Art. 2. following should be incorporated following the Art 152, in Book II, Title III, Chapter I, of the Crimes
relating to Individual Liberty, Article 152-B as follows:..
"RESTRICTION ILLEGAL TO FREEDOM OF MOVEMENT
Art. 152-B.- Anyone who, through violence, intimidation or threat to people or property, prevent another move freely, to enter, stay or leave anywhere in the territory of the Republic
shall be punished with imprisonment from four to eight years.
The same penalty shall be guilty of that effected, any of the conduct described in the preceding paragraph
it be executed and this to the detriment of any person while performing or attempts to perform acts of legal trade.
If the conduct described in the preceding paragraph it be done by two or more persons shall be punished with imprisonment from six to ten years.
When violence, intimidation or threat to people or property are effected to force another to leave their place of domicile, residence, work, study or carry out any lawful activity, the penalty shall be imposed eight to twelve years in prison. "
Art. . 3. Agréguense in Article 155, paragraphs 6), 7), 8), 9) and 10), as follows:
"6) If the action it be made against minors, students, teachers or staff of schools;
7) If the action it be done in schools, places for any religious worship, community centers, parks, health facilities, commercial or sports facilities;
8) If the action it be carried alluding relationship with members of gangs, groups, associations or criminals or on behalf of these organizations;

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9) If the action it be done using any form of non-verbal, such as graffiti, signs, inscriptions, symbols, drawings or other language; Y,

10) If the act is committed using any means of telecommunications traffic. "
Art. 4. reformed Article 188, as follows:.
"BREAKING AND ENTERING
Art. 188. The individual who, without dwelling on it, dwelling introdujere in employment or in its
units without the consent of the person who sojourns, clandestinely or deceitfully or continue in the same against the will of the inhabitants, despite the injunction to abandon her, she shall be punished with imprisonment from two to four years and a fine of thirty to fifty days' fine.
If the entry or stay is come concurring one or more of the following circumstances: violence in people, building on the night shift, carrying weapons of any kind, simulating
be law enforcement officers or by two or more persons, the penalty shall be three to six years imprisonment and a fine of fifty to one hundred days fine. "
Art. 5. reformed Article 189, as follows:.
"ACCEPTANCE OF WORKPLACE OR ESTABLISHMENT OPEN TO THE PUBLIC
Art. 189. That'll enter or continue against the will of its owner in the place reserved for work of a person or establishment or premises open to the public during normal business hours
operation or outside opening hours, clandestinely or deceitfully or continue in the same against the will of the responsible establishment, despite the injunction to abandon him, he shall be punished with imprisonment from two to four years and a fine of thirty to fifty days' fine.
If the entry or stay is come concurring one or more of the following circumstances: violence in people, building on the night shift, carrying weapons of any kind, pretending to be
enforcement officers or by two or more people, penalty shall be three to six years imprisonment and a fine of fifty to one hundred days fine. "
Art. 6. reformed Article 203, as follows:.
"INDUCTION TO ABANDON
Art. 203. The person who induces a person under eighteen years of age to leave the home of their parents and guardians of personal care or the school he attends, shall be punished with imprisonment
three to six years. "
Art. 7. Repealed Section 9) of Art. 208.

4 Art.8.-

Repealed Article 210. Article 211 Art.9.- reformed, as follows:..
"ENERGY SERVICES FRAUD OR FLUIDS
Art. 211. Whoever wrongfully obtains and has used, utilities, electricity, water, telecommunications, such as telephony, television or Internet, or another tolerare do so,
be punished with one to three years in prison and a fine of thirty to forty days fine.
If the misuse of these services by mediating effected, intimidation, threats or violence in the headlines
people or service users or managers of your connection, charging or maintenance, or in buildings occupied illegally, the penalty shall be three to six years in prison and a fine of sixty to one hundred days' fine. "
Art. 10. reformed Art 214-A, as follows:.
"Receiving
Art. 214-A.- Anyone who, without first making sure your legitimate origin, purchase, receiving or concealing money or things that are proceeds of any crime or offense in which has not been involved,
shall be punished with imprisonment of three to six years.
It must be presumed by the offender that things are of illegal origin when any
notorious disproportion between the purchase price and its real value; when these are exhibited, delivered or sold illegally; or when any item in any sense enough to assume that knew their illegal origin. "
Art. 11. Art reformed 214-B, as follows:.
"DRIVING OF GOODS ORIGIN DOUBTFUL
Art. 214-B.- The motor vehicle that would result in loading goods without proper documentation
that protects the legitimate ownership or provenance of it, regardless of the amount, shall be punished with a sentence of three to six years in prison. "
Art. 12. Merge continuation of Art 214-B, Chapter II-BIS, as follows:.
"CHAPTER II-BIS CRIMES RELATING TO MOTOR VEHICLE THEFT OF MOTOR VEHICLES

Art. - 214-D.- Whoever illegitimately take over a foreign wholly or partly motor vehicle, he shall be punished with imprisonment from eight to twelve years.

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MISAPPROPRIATION OF MOTOR VEHICLE

Art. 214-E.- who appropriates for personal gain or otherwise, of a vehicle shall have been entrusted or delivered by any title entails the obligation to make restitution, return or make it a particular use, shall be punished imprisonment of five to eight years.

THEFT OF MOTOR VEHICLES Art. 214-F.- who seizes illegitimately of a foreign wholly or partly with violence in people motor vehicle, whether force or violence to take place before the robbery to facilitate it, in the act of committing or after committed to achieve the intended purpose or impunity,
shall be punished with imprisonment from ten to fourteen years. DISARMAMENT OF MOTOR VEHICLES

Art. G.- The 214-wrenching parts or pieces of a person belonging to another motor vehicle without seizing the same, in order to gain advantage for himself or another, will be
punished with imprisonment from four to eight years.
Receiving MOTOR VEHICLE OR THEFT FROM PARTS OR THEFT
Art. 214-H.- who possess, acquire, receive, store, conceals, transports, retains or disposes of any title a motor vehicle or parts of it, knowing that it is from a theft or robbery
without taking part in the execution of the crime shall be punished by five to ten years in prison. ILLEGAL USE

MOTOR VEHICLE Art. 214-I.- without proper authorization or without lawful cause has used, without intent to hijack a vehicle and efectuare
restitution or I'll leave voluntarily under conditions that allow the holder to recover it, he shall be punished by imprisonment of one three years.
Who uses one motor vehicle from a theft or robbery, or any part in it, for the execution of another offense, shall be punished with imprisonment from five to ten years.
MODIFICATION OF CIRCULATION AND SERIAL PLATES OF MOTOR VEHICLES
Art. 214-J.- who without legal authorization erase, deface, cover, alter, destroy, remove, peel
or in any way modify series numbers identifying recorded or attached to the body, engine or chassis manufacturer of a motor vehicle, he shall be punished with imprisonment of three to six years.
The same penalty shall incur the illicitly manufactured, alter or modify the identifying license plates of motor vehicles in order to ensure the impunity of the perpetrators or their accomplices, of offenses under this Chapter, or obtaining an economic advantage for himself or for a third party.

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UNLAWFUL POSSESSION AND OWNERSHIP
Art license plates. 214-K.- who, without legal justification owns or has nameplates or documents circulation of motor vehicles, whether true or false, shall be punished with imprisonment of three to six years. "
Art. 13.- following should be incorporated between the Arts. . 337 and 338, Article 337-A, as follows:
"
RESISTANCE AGGRESSIVE Art. 337-A.- Anyone who, through violence, intimidation or threat, impede, interfere or obstruct
performing an act of investigation, judicial or administrative proceedings issued by the Civil National Police, Attorney General of the Republic, judiciary or public institutions related to legal proceedings, shall be punished with imprisonment of three to six years.
When the conduct described in the preceding paragraph was committed with firearms, shall be punished with imprisonment from four to seven years. "
Art. 14. Article 345 reformed, as follows:.
"CLUSTERS ILLICIT
Art. 345. They will be considered illegal criminal groups, associations and organizations following:
1) Those with at least these characteristics: they are made up of three or more persons; temporary or permanent; in fact or law;
possessing some degree of structure and are intended to commit a crime; and
2) mentioned in Art. 1 of the Law on Prohibition of Maras, Gangs, Groups, Associations and Organizations
Criminal Nature.
The that it take part in a group, association or unlawful organization
those mentioned in items 1) and 2) of this section shall be punished with imprisonment of three to five years.
The creators, organizers, leaders, managers, financiers and leaders of the groups mentioned
shall be punished with imprisonment from nine to fourteen.
Who will recruit, induces through deception or forces that person by violence, intimidation

Or threats to minors for admission or incorporation into the various forms of groups referred to in this Article or uses minors as part of a criminal structure shall be punished with imprisonment of fifteen to twenty years.
If the perpetrator or whatever public authority, law enforcement officers, public official or employee, the penalty shall be increased to a third of the maximum in each case and the absolute disqualification from office for twice as long.

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Those who promote, assist, facilitate or promote the establishment or stay in groups, associations or organizations covered in this article or
anyone who knowingly its illegality, receive directly or indirectly benefit the relations of any kind with such organizations, even without taking part thereof, shall be punished with imprisonment of three to six years in prison.
Who personally or through another, ask, sue, offers, promotes, formulate, negotiate, agree or not agreed upon criminal prosecution agreements or the establishment of some
prerogative to illegally dispense another or others, the application of the provisions of the Act, or offer benefits or advantages to members of groups, associations or organizations covered in this article shall be punished with imprisonment from five to fifteen years.
The same penalty shall incur who, as intermediaries, negotiators, mediators, partners or similar, promote or participate in behavior that
preceding paragraph a.
The instigation and conspiracy to commit any of the acts contemplated by this
provision shall be punished with imprisonment from six months to two years.
This offense is punishable in competition with other crimes. "
Art. 15.- reformed the Art 345-A, as follows:.
"USE OR ILLEGAL OCCUPATION OF BUILDINGS
Art. 345-A.- The use or occupation of property, uninhabited or abandoned, in order to perform the acts described in the preceding article, places shall be punished with imprisonment
three to six years. "
Art. 16.- following should be incorporated between the Arts. . 345-A and 346-B Article 345 as follows:
"VIOLENT OCCUPATION OF COMMUNAL SPACES HOUSING OR WORK
Art. 345-B.- Anyone who takes part in individually or collectively in shots or temporary or permanent occupations of buildings, farmhouses, residences, buildings, private facilities, places of public use or for any religious worship, whole or in part; through violence, threats or intimidation
, or alluding relationship with members of gangs, groups, associations or criminal organizations or on their behalf; and affecting the provision of a public service or public utility, tranquility staff or users, commercial, ordinary activities or
tranquility, he shall be punished with imprisonment from eight to twelve years.
If that weapons, explosives or similar items you employ, concurring
elements set out in Art. 6 of the Special Law Against Acts of Terrorism, the latter shall apply. "
Art. 17.- reformed Article 347, as follows:.

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"SMUGGLING OF FIREARMS
Art. 347. That by itself or by another person without legal authorization fabricare, imports, exports, deposit it, keeps them in stock, has in deposit, transports, provides any activity or perform any other traffic of firearms, parts thereof , ammunition or explosives
whose use is regulated by law, shall be punished with imprisonment from five to fifteen years.
Regulated arms depot fire the meeting of five or more such
weapons, even if are in dismantled parts. Be considered,
He who acquires or alienates any title firearms, ammunition, explosives or similar
without the appropriate legal documentation items shall be punished with imprisonment of three to five years.
If the person engaging in the conduct described in the preceding paragraph is the owner or legal representative of an authorized importer or trader, the penalty shall be five to ten years in prison. "
Art. 18.- following should be incorporated between the Arts. 347-A and 348, Arts. 347-B and 347-C, thus:
"MODIFICATION ILLEGAL FIREARMS
Art. 347-B.- Anyone who personally or through another forges, alters, removes, will insert or substituted for the individualizing marks placed by the manufacturer of a firearm, such as type, model or serial number, or ordain or another that permits this to do, shall be punished with imprisonment
four to eight years.

The same penalty will incur performs any modification which is not permitted by the Act
Control and Regulation of Firearms, Ammunition, Explosives and Related Articles. GARMENT

FIREARMS Art. 347-C.- who prestare money on firearms, ammunition and accessories, although mediare registration and license for carrying, shall be punished with imprisonment 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 ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twentieth day of April in the year two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.

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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.
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
FN / geg 26/05/2016
LEGISLATIVE INDEX