Reforming The Code Of Criminal Procedure.

Original Language Title: REFÓRMASE EL CÓDIGO PROCESAL PENAL.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-art.-323-a-del-codigo-procesal-penal/archivo_documento_legislativo

1. Decree No. 283 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that according to the paragraph third from the article 159 of the Constitution, the National Civil Police will be responsible for the functions of police urban and Rural Police, ensuring order, security and public tranquility as well as the cooperation in the procedure of investigation of crime all that with strict attachment 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 internal peace.
III.-that according to the article 1 of the law organic of the police National Civil, this will ensure and will protect the free exercise of them rights and them freedoms of them people, preventing and fighting all class of crimes, as well as the of keep it peace internal, the tranquility, the order and it security.
IV.-that because of the functions that the National Civil Police and the military assigned to security duties, through Legislative Decree N ° 563, date of November 28, 2013, published in the official journal N ° 91 volume 402, dated 16 January 2014, established special conditions of detention for public servants referred.
V that the 323-A article of the code of criminal procedure establishes detention conditions especially for agents of authority or military acting under the fulfillment of their functions or in security tasks; However, the current provision does not protect prison staff, staff of child shelter centres, administrative personnel of the National Civil Police, nor to such persons when you are on leave; so, it is necessary to carry out reforms to the code of criminal procedure in order to guarantee the aforementioned aspects.
Therefore, in use of its powers constitutional and to initiative of the deputies standard Fidelia Guevara of Ramirios, Hortensia Margarita Lopez Quintana and the Deputy Roger Alberto Blandino Nerio.
DECREES the following: reform to code procedural Penal Art. 1.-reforming article 323-A, in the following manner: 2 Art. 323-A-operating and administrative members of the National Civil Police; military in active duty; prison or staff of centres for protection of minors, who injured a protected legal asset, and evidence of the occurrence of any of the exclusive grounds of criminal liability, is established will remain in shelter in police or military units that have been designated for the purpose by the Director General of the National Civil Police and the Chief of the State greater set of the armed forces , under the direct responsibility of the head of the police or military unit that corresponds.
The shelter referred to the preceding paragraph also applies during the term of inquire and when the judge has ordered provisional detention.
Article 2.-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, to the seventeenth day of the month of February of two thousand sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM 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 RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the nine days of the month of March of the year two thousand and sixteen.
PUBLISHED, 3 Salvador Sanchez Ceren, President of the Republic.
Mauricio Ernesto Ramirez Landaverde, Minister of Justice and public security.
D. O. N ° 51 volume N ° 410 date: March 14, 2016 JQ/fc 13-04-2016 legislative index