Special Reformed Law Against Acts Of Terrorism.

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

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-especial-contra-actos-de-terrorismo-2/archivo_documento_legislativo



1 DECREE No. 200

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- by Legislative Decree No. 108, dated September 21, 2006, published in the Official Gazette No. 193, Volume No. 373, of October 17 of that same year
, SPECIAL LAW AGAINST ACTS oF TERRORISM was issued.
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 / Accumulated 96-2007; declared unconstitutional that there is a general and binding to abstract
penalty regime contemplated for preparatory acts as stipulated in Art. of the Special Law Against Acts of Terrorism, by derogating from the maneuverability the principle of proportionality to the extent that sanctions 31 just as the criminal accomplished
forms; Likewise, the penalty provided for in Art. 8 of the said Law concerning the Crime of Apology and Public Incitement to Acts of Terrorism, for going against the constitutional principle of proportionality of penalties, to be granted to an act extremely distanced from injury
or endangerment of a legally effective, a penalty equal to or greater than a few cases where there is actual damage.
III.- likewise declares that Articles 16 second paragraph, 18, second paragraph, subsection 19 second, 20 second paragraph, 21 second and 26 final paragraph of the Special Law Against Acts of Terrorism paragraph, there is the
alleged unconstitutionality regarding the alleged violation of the constitutional principle of Resocialization, since such an interpretation consistent support sanctions because as there is a new legislative assessment as to the maximum penalty in the criminal legal system
Salvadoran who is of "Sixty Years", according to the rules set forth by Legislative Decree No. 1009, dated February 29, 2012, published in the Official Gazette No. 58, Volume No. 394 of 23 March that
year, which modifies the maximum penalty in the Criminal Code; judges may impose penalties between the specified minimum for each offense, and the maximum that the legislature established for all crimes in general, which is
sixty years.
IV.- That for the above reasons, it becomes necessary to issue the relevant
legal reforms in order to ensure that the penalties regarding the abstract regime thereof; ie determining the amount of the corresponding criminal penalty compared to consumativas and executive modalities
crimes, adapting them according to the "constitutional principle of proportionality of punishment".

2
THEREFORE,
in exercise of its constitutional powers and initiative of Deputies Jose Antonio Almendáriz Rivas, Misael Mejia Mejia, Hortensia Margarita Lopez Quintana, Juan Pablo Herrera Rivas, Alberto Roger Blandino Nerio, Rodrigo Avila Aviles, Manuel Orlando Cabrera Candray, Mauricio Ernesto Vargas Valdez,
Norman Noel Quijano Gonzalez and Jose Gabriel Murillo Duarte.
DECREES the following:
AMENDMENTS TO THE SPECIAL LAW AGAINST ACTS OF TERRORISM
Art. 1. reformed Article 8 as well.
"PUBLIC APOLOGY AND SOLICITATION OF ACTS OF TERRORISM
Art. 8. who publicly justifying terrorism or incites another or others to commit any offense under this Act shall be punished with imprisonment from four to eight years. "
Art. 2. reformed the second paragraph of Article 16 as well.
"If as a result of the events described in the preceding paragraph, death or serious injury
one or more people it takes place or will achieve the condition required for the release of the hostage, shall be punished with imprisonment of fifty to sixty years in prison. "
Art. 3. reformed the second paragraph of Article 18 as well.
"If as a result of the events described in the preceding paragraph, death or serious injury
one or more persons arises, the penalty shall be fifty to sixty years in prison. "
Art. 4. reformed the second paragraph of Article 19 as well.
"If as a result of the events described in the preceding paragraph in death or serious injury of one or more persons it arises, the penalty shall be fifty to sixty years imprisonment. "
Art. 5. reformed the second paragraph of Article 20 as well.
"If as a result of the events described in the preceding paragraph in death or serious injury of one or more persons it arises, the penalty shall be fifty to sixty years imprisonment. "
Art. 6. reformed the second paragraph of Article 21 as well.
"If as a result of the events described in the preceding paragraph, death is produces or

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

3
Art. 7. reformed the second paragraph of Article 26, as follows:.
"If as a result of the acts described above, serious injury or death of any person is occasioned, the penalty shall be fifty to sixty years in prison."
Art. 8. reformed Article 31 as well.
"PREPARATORY ACTS, AND CONSPIRACY
PROPOSAL Art. 31. The preparatory acts, the proposal and conspiracy to commit any of the offenses under this Act shall be punished with imprisonment from 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 ROOM OF THE LEGISLATIVE PALACE: San Salvador, this twenty-sixth day of November in the year two thousand and fifteen.
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, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the eighth day of December in the year two thousand and fifteen.
Published,

4
Salvador Sanchez Ceren,
President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security. OJ No. 228

Volume No. 409 Date: December 10, 2015 JQ
/
geg 01/08/2016 LEGISLATIVE INDEX