Transitional Provisions For Emergency Decongestion Prison System.

Original Language Title: DISPOSICIONES TRANSITORIAS DE EMERGENCIA PARA EL DESCONGESTIONAMIENTO DEL SISTEMA PENITENCIARIO.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/disposiciones-transitorias-para-el-descongestionamiento-penitenciario/archivo_documento_legislativo



1 DECREE No. 314

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- The human person is the origin and purpose of the activity of the State, which is organized for the attainment of justice, legal certainty and
common good; and therefore, it should organize prisons, in order to correct, educate and train working habits; seeking rehabilitation and prevent the crime of those who, for their antisocial behavior, keeping
find prison for judgment of competent authority.
II.- as an effective measure to reduce overcrowding in prisons
it is necessary to temporarily relax the requirements for granting prison benefits such as probation or early parole.
III.- That there are people convicted of crimes whose sentences do not exceed eight years in prison, or transcendental dangerous behavior; or of old age or disability, they do not represent social risk, so it is convenient
assess the granting of temporary prison benefits, in application of the principles of proportionality and necessity of penalties.
THEREFORE,
in exercise of its constitutional powers and initiative of the President of the Republic, through
the Minister of Justice and Public Security; of Deputies: Mario Alberto Tenorio Guerrero, Lorenzo Rivas Echeverria, Guadalupe Antonio Vásquez Martínez, Francisco José Zablah Safie; Representatives of the legislative period 2012-2015, Carlos Walter Coto Guzman, Rafael Tobar Ricardo Morán; and Deputy
the 2009-2012 legislative period, Rafael Eduardo Paz Velis; and with the support of Deputies and Norman Noel Quijano González, David Ernesto Reyes Molina, Jorge Alberto Bernal Escobar, Rolando Alvarenga Argueta, Evelyn Batres Marta Araujo, Felissa Crystals Guadalupe Miranda, René Cuadra Alfredo Portillo, Carmen Elena Calderón
Escalon sun, Lucía del Carmen Ayala Leon, Roxana Duran Maricela Hernandez, Rene Escalante Gustavo Zelaya, José Edgar Escolán Batarse, Julio Cesar Fabian Perez, Ricardo Ernesto Godoy Peñate, Karla Elena Molina Hernandez, Vicente Hernández Gómez, Ana Mercedes Larrave || | de Ayala, Mauricio Roberto Linares Ramirez, the Martyr Arnoldo Marin Villanueva, Julio Cesar Miranda Quezada, José Mario Mirasol Crystals, Ana Maria Gertrudis Ortiz Lemus, Silvia Estela Ostorga Escobar, Lisseth Arely Palma Figueroa, Jose Javier Palomo Nieto, Carlos Armando Reyes Ramos Francisco José Rivera
Chacon, Vilma Dávila Carolina Rodríguez, Alberto Armando Romero Rodriguez, Marcos Francisco Salazar Umaña, Misael Serrano Chavez, Patricia Valdivieso Elena Gallardo, Juan Alberto Valiente Alvarez Ricardo Andres Velasquez Parker and John Tennant Wright Sol. | || DECREES the following:

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TRANSITIONAL PROVISIONS FOR EMERGENCY decongestion

PRISON SYSTEM Art. 1. This Decree is to provide prison benefits such as probation and early parole, among others, persons sentenced to imprisonment, taking into account the principles of proportionality and necessity of punishment, due to
within prisons are persons convicted of offenses that do not involve severe penalties, or transcendental dangerous behaviors; and that his disability and suffering from incurable disease in terminal period not represent social risk, in order to minimize
overcrowding of the human person in prison.
Art. 2. Judge prison supervision and Execution of Sentences, granted conditional freedom
convicted persons, the date it comes into force this decree, have served half of the sentence or more provided that the following requirements are accredited:
a) have good behavior and participation, at least one of the permanent general programs taught in different prisons. To this end, the Regional Criminological Council will develop an individualized prognosis of social reintegration, to be submitted to Judge prison supervision and execution
Penalty;
B) persons convicted not maintain a high degree of aggressiveness or danger;
And
c) they have satisfied the civil obligations from the fact
determined by judicial decision; satisfactorily to ensure compliance with them, or demonstrate your inability to pay.
Art. 3. They may also benefit from this Decree:
People over sixty years of age who have completed a third of the sentence; and the

Persons who, prior expert opinion conducted by the Institute of Legal Medicine, show that suffer incurable terminal disease or chronic degenerative diseases period, with severe organ damage existing at the date of entry into force of this Decree or supervening, always
that is permanent and disabling and do not let them fend for themselves.
This freedom will be overseen by Judge prison supervision and Execution of Sentences,
who will decide the appropriate institution or person in charge of personal care, where it is appropriate.
Art. 4. People who are benefiting from the benefits referred to in the preceding articles, must meet the conditions or rules of conduct that Judge prison supervision and Execution of Sentences order, pursuant to the provisions of Article 79 of the Penal Code . The effect of controlling compliance, the judge will receive relevant support by the institution designated.

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Art. 5. The internal people who are in terminal phase of life, because of
incurable diseases, are entitled to be decreed the extinction of punishment, in accordance with Article 108 of the Penal Code.
Art. 6. Excluded from the scope of this Decree, persons who have been convicted of:
a) Crimes whose sentence is less than 8 years in prison;
B) Serious offenses covered by the following special laws: Law Regulating
Activities Relating to Drug Law Against Organized Crime and Complex Crimes Making, Law Against Money Laundering and Asset Law Special against Acts of Terrorism and the Law on Prohibition of Maras, Gangs, Groups, Associations and Organizations Criminal
Nature;
C) Crimes against sexual freedom;
D) Crimes related to human life in formation, whose penalty exceeds eight years in prison;
E) Crimes of corruption and related offenses;
F) Crimes against humanity; and
g) Implementation of Expedited Procedure.
Neither may be benefited, persons deprived of liberty who are under a special security detention centers.
Art. 7. The granting of prison benefits contained in this Decree, does not extinguish the liability.
Where that has not been paid civil liability, internal person shall offer, in the special hearing, before Judge prison supervision and Execution of Sentences, guarantee mechanisms or satisfaction thereof or show the inability of fulfillment.
Art. 8. The Directorate General of Prisons prepare a census of the inmate population that can be benefited with the regulations in this Decree, within thirty days from the effective date
this, information this census will be sent within five working days the judges prison supervision and Execution of Sentences.
With census information, or at the time an application for grant of the benefits of this Decree is received, the Judge prison supervision and Execution of Sentences begin the process for accreditation requirements for each regulated penitentiary benefit, which must be made within sixty days. After which, a special hearing to be held

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deciding whether to grant or not the benefit.
If needed expert or expert advice, they should be issued within a period not exceeding ten working days.
Art. 9. In matters not covered in this Decree, shall be subject to the provisions in the laws applicable to the matter.
Art. 10. The term of this Decree shall be one year, from the date of its publication in the Official Journal.
Art. 11. This Decree shall enter into force from the day of its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the sixteenth day of the month March
year 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.

ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO,

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seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the thirtieth day of March 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. 58 Volume No. 410 Date: 31 March 2016
GM / IELP 21/04/2016
LEGISLATIVE INDEX