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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 160
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
WHEREAS:
I.-That by Legislative Decree No. 518 dated 20 December 2007, published in Official Journal No 10, Volume N ° 378 of 16 January 2008, the POLICE DISCIPLINARY ACT was issued.
II.-That the Law referred to in the previous recital, is intended to establish the disciplinary regime that will apply to members and staff of the National Civil Police, whatever the position is that
perform in the police or administrative function in which they are located, both inside and outside the territory of the Republic; this regime includes, the classification and classification of the infractions, the corresponding sanctions, the
procedure to be followed, authorities and bodies with investigative and sanctioning competence.
III.-That the main authorities in charge of Public Security have seen the urgent need to correct various inappropriate actions committed by the police personnel, with the fundamental object of purging those elements
police who warrant it; in such a way as to ensure, effective enforcement of the service and police function.
IV.-That the correction of improper actions and purge the police personnel in an agile, timely and transparent requires the Police Corporation to be more effective in the application of the regime police discipline, mainly in
regarding the investigative activities and the imposition of the respective sanctions.
V.-That for the reasons expressed, it is necessary to reform the Law of Police Disciplinary, in order to to ensure due process in the application of the police disciplinary regime.
BY TANTO,
in use of its Constitutional powers and at the initiative of the Deputies José Antonio Almendariz
Rivas, Hortensia Margarita López Quintana; likewise, of the Deputies Benito Antonio Lara Fernández and Ramón Aristides Valencia Arana, of the Legislative Period 2012-2015; and of the Deputy Luis Alberto Corvera Rivas, of the Legislative Period 2009-2012.
DECERTA the following:
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REFORMS TO POLICE DISCIPLINARY LAW
Art. 1.-Reform the numeral 30) and incorporate a second paragraph into Art. 8, as follows:
"30) Have been convicted of misconduct or of less serious crimes as defined in the Penal Code."
"Notwithstanding the provisions of paragraph (30) of this Article, in cases where there is conciliation, for disciplinary purposes, they shall be the subject of an administrative disciplinary sanction."
Art. 2.-Reform the number 27) and incorporate a second paragraph into Art. 9, as follows:
"27) Have been convicted of serious crimes under the Criminal Code."
"Notwithstanding the provisions of the numeral 27) of this article, in cases where there is
conciliation, for disciplinary purposes, they shall be subject to an administrative disciplinary sanction."
Art. 3.-Reform the last paragraph of Art. 12, as follows:
" In the cases of the infractions mentioned in numerals 1), 2), 3) and 4) of Article 9, when
the infringer is absent or not present to the workplace or sector of responsibility, for more than seventy-two hours, the penalty to be imposed shall be that of removal; the same sanction shall apply to the infringement set out in numerals 5), 8), 10), 11), 17), 20), 24), 25), 27) and 30) of the same Article. '
Art. 4.-Add the literals (d) and (e) to Art. 14, as follows:
" (d) The Inspector General may initiate disciplinary investigation for serious and very serious misconduct that may be investigated; and,
e) Inspector General may resume preliminary investigations which have been filed and which it considers should be continued, as long as the action concerned has not been prescribed. "
Art. 5.-Reform of Art. 19, as follows:
" Art. 19.-The National Disciplinary Tribunal will be made up of a President and two Vocals.
Two of its members must be outside the Police Institution and the remaining one may be a police officer, a retired officer both from the Superior level or a former director, of morality and notorious competence.
The two members of the Police Institution must comply with the following requirements: being a Salvadoran by birth, professional, preferably a lawyer of the Republic, of the secular state,
of morality and powers of note, to be in the full enjoyment of your citizen rights, as well as
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having been in the eight years prior to the performance of his office, and in the case of the Lawyers have obtained the authorization to practice the profession in the five years prior to their appointment.
The two members of the Police Institution will be appointed by the Minister of Justice and Public Security. The Director-General of the Police Institution may appoint a police officer, a retired police officer both of the Higher Level or a former Director, of morality and competence
as members of this Tribunal, or may appoint an Attorney of the Republic with the qualities described in the second paragraph of this article.
One of the two members outside the Police Institution will serve as President of the Tribunal
National Disciplinary and must exercise the position at full time. The other two members will attend the hearings. "
Art. 6.-Reform of Art. 20, as follows:
" Art. 20.-The Regional Disciplinary Tribunals will be made up of two other members
the Police Institution and a member of the police raceThe two other persons must meet the requirements described in the second paragraph of Art. 19 of this Law, one of them will serve as President of the Court full time. To select the police member will be considered the good
conduct and knowledge of the disciplinary regime. The three shall be appointed and appointed by the Minister for Justice and Public Security on a proposal from the Director-General. "
Art. 7.-Reform the first paragraph of Art. 21, as follows:
" Art. 21. The appointment of the members and the Presidents of the Disciplinary Tribunals,
shall be carried out by means of agreements issued by the Minister of Justice and Public Security, being sworn in by that official. "
Art. 8. -Reform Art. 23, as well:
" Art. 23.-For any resolution of the Disciplinary Tribunals two votes will be required as
of its members. The vote against shall be duly substantiated and reasoned in the respective resolution. "
Art. 9. -Reform Art. 27, as well:
" Art. 27.-The Appeals Courts will be made up of a President and two Vocals, who will be appointed by the Holder of the Ministry to whom the Security functions are assigned
Public. One of its members may be an officer of the Higher Level police, and the remaining two will be outside the Police Institution. The latter shall appoint the President of the Court.
This Tribunal may not be incorporated by the staff of the Police Institution who have been punished for serious or very serious misconduct. For its resolutions, the requirements of Art. 23 of this Law must be applied. "
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Art. 10.-Reform of Art. 28, as follows:
" Art. 28.-Members of the Court of Appeals outside the Police Institution will comply with
the following requirements: being a Salvadoran by birth, a lawyer of the Republic, a secular state, a morality and a notary jurisdiction, being in the full enjoyment of his or her rights as a citizen, as well as having been in the eight years prior to the performance of his office and having obtained the authorization
to pursue the profession of Advocate at least eight years prior to his appointment. The representative of the Police shall be an Advocate of the Republic. "
Art. 11. -Reform Art. 39, as well:
" Art. 39.-The Chiefs with jurisdiction, the Disciplinary Tribunal, the Inspectorate General, the Disciplinary Investigation Unit and its Sections, will entrust the investigations of the case that
know, when necessary, to instructors who shall have the quality of investigative authority in accordance with this Law. "
Art. 12.-Add an Art. 91-A, as follows:
" Art. 91-A.-The members of the National Civil Police who, in the performance of their duties,
have acted within any of the Exclude of Criminal Responsibility established in Article 27 of the Penal Code, having been declared so by the competent Criminal Judge, they shall not be subject to any disciplinary sanction. "
Art. 13.-This Decree will 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-nine days of October 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,
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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.
CASA PRESIDENTIAL: San Salvador, at the seventeenth day of November of the year two thousand
fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
D. O. N ° 211 Took N ° 409
Date: November 17, 2015
SP/adar 08-12-2015
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