Reforming The Code Of Criminal Procedure.

Original Language Title: REFÓRMASE EL CÓDIGO PROCESAL PENAL.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 283

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That in accordance with the third paragraph of Art. 159 of the Constitution, the National Civil Police will be responsible for the functions of Urban Police and Rural Police,

that guarantee order, security and public peace, as well as collaboration in the procedure of the investigation of the crime, everything which strictly adhered to the Law and respect for Human Rights.

II.-That in accordance with Article 212 of the Constitution, the President of the Republic may exceptionally have the Armed Forces for the maintenance

of peace

III.-That according to Art. 1 of the Organic Law of the National Civil Police, this

will guarantee and protect the free exercise of the rights and freedoms of persons, preventing and combating all kinds of crimes, as well as how to maintain internal peace, tranquility, order and security.

IV.-That due to the the functions performed by the National Civil Police and the military assigned to security tasks, by Legislative Decree No. 563, dated November 28, 2013, published in Official Journal No. 91 Tomo 402, of

dated January 16, 2014, special conditions of detention were established for the public servants referred to above.

V.-That Art. 323-A of the Criminal Procedure Code establishes special detention conditions for agents of authority or military acting under the performance of their functions or on security tasks; however, the current disposition

does not protect prison staff, personnel from child care facilities, administrative staff of the National Civil Police, or such staff when they are on leave; so reforms need to be made to the

Criminal Procedure Code in order to guarantee the aforementioned aspects.

BY TANTO,

in use of its Constitutional powers and at the initiative of the Diputadas Norma Fidelia Guevara de Ramírios, Hortensia Margarita López Quintana and the Deputy Roger Alberto Blandino Nerio.

DECRETA, the following:

Reform to the Code Criminal Procedure

Art. 1.-Reform Art. 323-A, as follows:

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Art. 323-A.-The operational and administrative members of the National Civil Police; active-duty military personnel; prison staff or child protection centers, who injure a well-established legal

and have established indications of the concurrency of any of the exclusive causes of criminal responsibility, will remain in shelter in the police or military units that to the effect have been designated by the Director General of the National Civil Police and the Chief of the General Staff

Joint Armed Forces, under the direct responsibility of the Chief of Staff

The

referred to in the previous paragraph will also be applicable during the term of inquiry and when the Judge decrees the provisional detention.

Art. 2. 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 the seventeenth day of the month of February of 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,

SEVENTH SECRETARY. EIGHTH SECRETARY.

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

PUBESLOSE,

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Salvador Sánchez Cerén, President of the Republic.

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

D. O. N ° 51

Took N ° 410 Date: March 14, 2016

JQ/fc 13-04-2016

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