Transitional Provisions For Emergency Decongestion Prison System.

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

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 314

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That the human person is the origin and end of the activity of the State, which is organized for the attainment of justice, legal certainty and the common good

, and consequently, it must organize the centers penitentiary, in order to correct, educate and form work habits; rehabilitation and prevent the crime of those who, for their antisocial conduct, are

found to be in prison for a sentence handed down by competent authority.

II.-As an effective measure to reduce the problem of overcrowding in

penitentiary centers, it is necessary to temporarily relax the requirements for granting penitentiary benefits such as parole or early parole.

III. crimes whose sentences do not exceed eight years in prison, or conduct of dangerousness (ii) it is appropriate

assess the granting of temporary penitentiary benefits, in accordance with the principles of proportionality and proportionality, in order to

that the benefits of the provision of the

FOR TANTO,

in use of its Constitutional powers and at the initiative of the President of the Republic, by means

of the Minister of Justice and Public Security; of the Deputies: Mario Alberto Tenorio Guerrero, Lorenzo Rivas Echeverria, Guadalupe Antonio Vásquez Martínez, Francisco José Zablah Safie; los Members of the legislative period 2012-2015, Carlos Walter Guzmán Coto, Rafael Ricardo Moran Tobar; and the Deputy

of the legislative period 2009-2012, Rafael Eduardo Paz Velis; and with the support of the deputies: Norman Noel Quijano González, David Ernesto Reyes Molina, Jorge Alberto Escobar Bernal, Rolando Alvarenga Argueta, Marta Evelyn Batres Araujo, Felissa Guadalupe Cristales Miranda, Rene Alfredo Portillo Cuadra,

Carmen Elena Calderón Sol de Escalon, Lucia del Carmen Ayala Leon, Roxana Maricela Duran Hernandez, Rene Gustavo Escalante Zelaya, Jose Edgar Escolan Batse, Julio Cesar Fabian Perez, Ricardo Ernesto Godoy Penate, Karla Elena Hernandez Molina, Vicente Hernandez Gomez, Ana Mercedes Larrave

de Ayala, Mauricio Roberto Linares Ramirez, Martir Arnoldo Marin Villanueva, Julio Cesar Miranda Quezada, José Mario Mirasol Cristales, Ana Maria Gertrudis Ortiz Lemus, Silvia Estela Ostorga de Escobar, Lisseth Arely Palma Figueroa, José Javier Palomo Nieto, Carlos Armando Reyes Ramos, Francisco José Rivera

Chacon, Vilma Carolina Rodriguez Davila, Alberto Armando Romero Rodriguez, Marcos Francisco Salazar Umana, Misael Serrano Chavez, Patricia Elena Valdivieso of Gallardo, Juan Alberto Valiente Alvarez, Ricardo Andres Velasquez Parker and John Tennant Wright Sol.

DECRETA the following:

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EMERGENCY TRANSITIONAL PROVISIONS FOR DE-CONGESTION

OF THE SYSTEM PRISON

Art. 1. This Decree is intended to grant prison benefits such as parole and early parole, among others, to persons convicted of imprisonment, taking into account the principles of proportionality and the need for the penalties, because

inside the prison centers are people convicted of crimes that do not involve severe penalties, or conduct of transcendent dangerousness; and that because of their incapacity and If the disease is incurable in the terminal period, they do not represent any social risk, to minimize

the overcrowding of the human person in the prison centers.

Art. 2.-The Judge of Penitentiary Surveillance and Enforcement of the Penalty, will grant the release

conditional to the sentenced persons who, to the date in which the present Decree enters into force, have served half of the sentence imposed or more, provided that the following requirements are established:

a) That they have observed good conduct and participated, at least, in one of the permanent general programs taught in the various penitentiary centers. To this end, the Regional Criminological Council will produce an individualized prognosis of social reinsertion, which will refer to the Judge of Penitentiary and Enforcement Surveillance of

la Peña;

b) That the sentenced persons do not maintain a high degree of aggressiveness or dangerousness;

and,

c) That they have satisfied the civil obligations arising from the fact, determined by

judicial resolution; that they satisfactorily guarantee compliance with them; or that demonstrate inability to pay.

Art. 3.-They may also benefit from this Decree:

Persons over sixty years of age, who have completed one-third of the penalty; and the

persons who, after obtaining an expert opinion from the Institute of Legal Medicine, demonstrate that they suffer from terminal period or chronic degenerative diseases, with severe organ damage, existing at the date of entry into force of this Decree or in excess, always

This freedom will be supervised, and will not allow them to fend for themselves.

by the Judge of Penitentiary Surveillance and Enforcement of the Penalty,

who will decide the relevant institution or the person in charge of their personal care, in cases that is appropriate.

Art. 4. Persons who enjoy the benefits referred to in the preceding articles must comply with the conditions or rules of conduct that the Judge of Penitentiary Surveillance and Enforcement of the Penalty orders, in accordance with the provisions of the Article 79 of the Criminal Code. In order to control such compliance, the Judge will receive the relevant collaboration from the institution designated by him.

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Art. 5.-Internal persons who are in the terminal phase of life, because of

incurable diseases, have the right to be decreed the extinction of the penalty, in accordance with Article 108 of the Penal Code.

Art. 6.-Persons who have been convicted of:

a) Crimes whose sentence is equal to or greater than 8 years imprisonment;

b) Serious crimes under the following Laws are excluded from the scope of this Decree. Special: Regulatory Law of the

Drug Relating Activities, Law Against Organized Crime and Crimes of Complex Accomplishment, Law Against Money Laundering and Assets, Special Law Against Acts of Terrorism and Law of Proscription of Maras, Gangs, Pools, Associations

and Criminal Nature Organizations;

c) Crimes against sexual freedom;

d) Crimes relating to the life of the human being in training, whose sentence exceeds eight years in prison;

e) Crimes of corruption and related crimes;

f) Crimes against humanity; and,

g) The application of the Abbreviated Procedure.

Nor can they be benefited, persons deprived of liberty who are in special detention in security centers.

Art. 7.-The granting of the penitentiary benefits contained in this Decree does not extinguish the civil liability.

In cases where the civil liability has not yet been satisfied, the internal person must offer, in the hearing special, before the Judge of Penitentiary Surveillance and Enforcement of the Penalty, mechanisms of guarantee or satisfaction of the same or demonstrate the incapacity of its fulfillment.

Art. 8.-The Directorate General of the Criminal Centers shall establish a census of the internal population that may be benefited by the provisions of this Decree, within thirty days, counted from the

of

information of that census shall be referred to the following five working days, to the Judges of Penitentiary and Penalty Enforcement Surveillance.

With the information from the census, or at the time a request is received for the granting of the benefits of the This Decree, the Judge of Penitentiary Surveillance and Enforcement of the Penalty will initiate the procedure for the accreditation of the regulated requirements for each prison benefit, which must be done within 60 days. After which, a special hearing will be held for

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decide on whether or not to grant the benefit.

If opinions are needed Experts or technicians must be issued within a period not exceeding ten working days.

Art. 9.-As not provided for in this Decree, the laws applicable to the matter shall be in accordance with the provisions of this Decree.

Art. 10. The validity of this Decree shall be one year, counted from its publication in the Official Journal.

Art. 11.-This Decree will enter into force, from the day of its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of the month

of March 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.

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,

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SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the thirty days of the month of March of the year two thousand sixteen.

PUBESQUIESE,

Salvador Sánchez Cerén,

President of the Republic.

Mauricio Ernesto Ramírez Landaverde, Minister of Justice and Public Safety.

D. O. N ° 58

Took N ° 410 Date: March 31, 2016

GM/ielp 21/04/2016

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