Special Reformed Law Against Acts Of Terrorism.

Original Language Title: REFÓRMASE LA LEY ESPECIAL CONTRA ACTOS DE TERRORISMO.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE N ° 200

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 108, dated 21 September 2006, published in Official Journal No. 193, Volume N ° 373, of October 17 of that

same year, the special law was issued against acts of terrorism.

II.-That the Constitutional Chamber of the Supreme Court of Justice, by

Judgment issued on August 25, 2015, in the Process of Unconstitutionality No. 22-2007/42-2007/89-2007/96-2007 Accumulated; stated that it exists unconstitutionality in a general and binding manner to the abstract regime of

the penalty contemplated for the preparatory acts stipulated in Art. 31 of the Special Act Against Acts of Terrorism, for inobservance of the Principle of Proportionality to the measure that sanctions in the same way as the forms

committed criminals; likewise, the Article 8 of the aforementioned Law, concerning the Crime and Public Incitation of Acts of Terrorism, to be contrary to the Constitutional Principle of the Proportionality of the Peñas, when it was granted to an extremely distant act of an injury or endangering

effective of a legal good, a penalty equal to or greater than some assumptions where there is effective harm.

III.-That, as well, states that in articles 16, second, second, and second, 19 Second, 20 second, second, second, and 26, final, point of the Special Act Against Acts of Terrorism, there is no alleged unconstitutionality

as to the alleged violation of the Constitutional Principle of Resocialization, since such sanctions allow for an interpretation according to, since there is a new legislative assessment as to the maximum penalty in the order

Salvadoran penal law that is of "Sixty Years", according to the norm by Legislative Decree N ° 1009, dated February 29, 2012, published in the Official Journal No. 58, Tomo N ° 394, of March 23 of that same

year, that modifies the maximum of the penalty established in the Criminal code; judges may impose penalties between the minimum specified for each offense, and the maximum that the legislator established for all crimes in general, which is

sixty years.

IV.-That for the reasons above " It becomes necessary to issue the

relevant legal reforms, in order to adjust the penalties for the abstract regime of the same ones; that is, to determine the amount of the corresponding penal sanction in comparison with the modalities consummative and executive

of the offenses, adapting them according to the " Principle Constitutional of the Penas ' Proportionality. "

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BY TANTO,

in use of its Constitutional powers and at the initiative of the Deputies Jose Antonio Almendariz Rivas, Misael Mejia Mejia, Hortensia Margarita Lopez Quintana, Juan Pablo Herrera Rivas, Roger Alberto Blandino Nerio, Rodrigo Avila Aviles, Manuel Orlando Cabrera Candray, Mauricio Ernesto Vargas Valdez,

Norman Noel Quijano González and José Gabriel Murillo Duarte.

DECCRETA, the following:

REFORMS TO THE SPECIAL ACT AGAINST ACTS OF TERRORISM

Art. 1.-Reform of Art. 8, as follows:

" APOLOGY AND PUBLIC INCITEMENT OF ACTS OF TERRORISM

Art. 8.-The one who publicly apologizes for terrorism or incites another or others to commit any of the crimes provided for in this Law, shall be punished with imprisonment of four to eight years. "

Art. 2.-Reform the second paragraph of Art. 16, as follows:

" If, as a consequence of the facts described in the foregoing paragraph, death or

serious injury to one or more persons is produced or the condition required for the release of the hostage, he will be punished with imprisonment of fifty to sixty years of imprisonment. "

Art. 3.-Reform the second paragraph of Art. 18, as follows:

" If, as a consequence of the facts described in the foregoing paragraph, death is produced or

serious injury to one or more persons, the penalty shall be fifty to sixty years of prison. "

Art. 4.-Reform the second paragraph of Art. 19, as follows:

"If, as a consequence of the facts described in the foregoing paragraph, the death or serious injury of one or more persons is produced, the penalty shall be fifty to sixty years in prison."

Art. 5.-Reform the second paragraph of Art. 20, as follows:

"If, as a consequence of the facts described in the foregoing paragraph, the death or serious injury of one or more persons is produced, the penalty shall be fifty to sixty years in prison."

Art. 6.-Reform the second paragraph of Art. 21, as follows:

" If, as a consequence of the facts described in the foregoing paragraph, death is produced or

serious injury to one or more persons, the penalty shall be fifty to sixty years of prison. "

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Art. 7.-Reform the second paragraph of Art. 26, as follows:

"If, as a consequence of the acts described above, serious injury or death of any person is caused, the penalty shall be fifty to sixty years in prison."

Art. 8. -Reform Art. 31, as well:

" PREPARATORY ACTS, PROPOSITION AND CONSPIRACY

Art. 31.-The preparatory acts, the proposal and the conspiracy to commit any of the offences referred to in this Law shall be punishable by imprisonment of five to eight years. "

Art. 9. 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 twenty-six days of the month of November of the year two thousand fifteen.

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, eight days a month from December of the year two thousand fifteen.

PUBESLOSE,

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Salvador Sánchez Cerén,

President of the Republic.

Benito Antonio Lara Fernandez, Minister of Justice and Public Security.

D. O. N ° 228

Took N ° 409 Date: 10 December 2015

JQ/geg 08-01-2016

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