Law On Police Discipline Reformed.

Original Language Title: REFÓRMASE LA LEY DISCIPLINARIA POLICIAL.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-disciplinaria-policial/archivo_documento_legislativo



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DECREE No. 160 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- by Legislative Decree No. 518, dated December 20, 2007 published in the Official Journal No. 10, Volume No. 378, of January 16, 2008, police disciplinary law was issued.
II.- That Law to which reference has been made in the previous paragraph, it is to establish the disciplinary rules that apply to members and staff of the National Civil Police, whatever the position | || play in police or administrative functions that are both inside and outside the territory of the Republic; This system comprises the definition and classification of infringements, the penalties, the
procedure to be followed, authorities and bodies concerned with investigating and sanctioning competence.
III.- That the main authorities of Public Security, have seen the urgent need to correct various wrongdoing committed by police personnel, with the primary purpose of debugging police
those elements that merit; so as to ensure the effective implementation of service and policing.
IV.- That correcting wrongdoing and debug police personnel in a flexible, timely and transparent required to provide the Police Corporation more effective implementation of the police disciplinary system, particularly in regard to
investigative and enforcement of sanctions respective activities.
V.- That for the reasons stated, it is necessary to reform the Police Disciplinary Act, to ensure due process in the implementation of police disciplinary system.
THEREFORE,
in exercise of its constitutional powers and initiative of Deputies Jose Antonio Almendáriz
Rivas, Hortensia Margarita Lopez Quintana; likewise, of Deputies Benito Antonio Lara Fernandez and Ramon Aristides Valencia Arana, the Legislative Period 2012-2015; and Deputy Luis Alberto Rivas Corvera, Legislative Period 2009-2012.
DECREES the following:


2 AMENDMENTS TO THE LAW POLICE DISCIPLINE
Art. 1. reformed numeral 30) and incorporate one second paragraph to Article 8 as well.
". 30) have been convicted of less serious offenses or offenses under the Criminal Code"
"Notwithstanding established in paragraph 30) of this Article, where there is reconciliation, for disciplinary purposes, they will be subject to disciplinary administrative sanction. "
Art. 2. reformed numeral 27) and incorporate one second paragraph to Article 9 as well.
"27) have been convicted of serious offenses under the Criminal Code."
"Notwithstanding the provisions of paragraph 27) of this Article, where there
conciliation, for disciplinary purposes, they will be subject to disciplinary administrative sanction. "
Art. 3. reformed the last paragraph of Article 12 as well.
"In cases of offenses mentioned in paragraphs 1), 2), 3) and 4) of Article 9 when the offender
absent or not present at the workplace or liability sector, more than seventy-two hours, the penalty to be imposed shall be dismissal; The same penalty shall apply to the infringement established in paragraphs 5) 8) 10) 11) 17) 20) 24) 25) 27) and 30) of the same article. "
Art . 4. Adiciónanse paragraphs d) and e) to Article 14 as follows:
"d) The Inspector General may initiate disciplinary investigation for serious and very serious offenses that warrant consideration be investigated;. and
e) The Inspector General may resume preliminary investigations that have been filed and that it considers to be continued, since has not prescribed the appropriate action. "
Art. 5. Article 19 reformed as well.
"Art. 19. The National Disciplinary Tribunal shall consist of a chairman and two members.
Two of its members must be outside the police institution and the remaining may be a career police officer, a retired both the higher level or a former director, morality and recognized competence.
The two members outside the police institution must meet the following requirements: be Salvadoran by birth, professional, preferably Attorney of the Republic, the secular state,
of morality and outstanding competence, be in full enjoyment of his citizenship rights and
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I have been in the past eight years the performance of their duties, and in the case of lawyers having obtained authorization to practice the profession in the five years preceding his appointment.

The two members outside the police institution shall be appointed by the Minister of Justice and Public Security. The Director General of the Police institution may appoint a career police officer, a police officer removed both the higher level or a former director, morality and competence
notorious as members of this Court, 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 Chairman of the National Disciplinary Tribunal
and shall hold office full time. The other two members will attend the hearings. "
Art. 6. Article 20 reformed so.
"Art. 20. The Regional Disciplinary Court will consist of two
outside the police force members and a member of the police career. The two outsiders 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 member is deemed police
good behavior and knowledge of the disciplinary system. The three will be nominated and appointed by the Minister of Justice and Public Security, proposed by the Director General. "
Art. 7. reformed the first paragraph of Article 21 as well.
"Art. 21. The appointment of the members and the chairmen of the disciplinary tribunals,
will be made through agreements issued by the Minister of Justice and Public Security, being sworn in by the official. "
Art. 8. Article 23 reformed as well.
"Art. 23. For any resolution of the disciplinary tribunals as
two votes of its members will be needed. Voting against, it shall consist duly informed and reasoned in the respective resolution. "
Art. 9. Article 27 reformed so.
"Art. 27. The Court of Appeal will consist of a chairman and two members, who shall be appointed by the head of the Ministry to which assigned functions
Public Safety. One of its members may be an officer of the police career of higher level, and the remaining two will be outside the police institution. The latter will appoint the President of the Court.
You can not integrate this Tribunal, the staff of the police that had been sanctioned for serious or very serious misconduct. For its resolutions should apply the requirements of Art. 23 of this Law. "

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Art. 10. Article 28 reformed so.
"Art. 28. Members of the Court of Appeals outside the Police Institution
comply with the following requirements: be Salvadoran by birth, Attorney of the Republic, the secular state, morality and outstanding competence, be in full enjoyment of their citizen rights, as I have been in the past eight years the performance of their duties and
receiving authorization to practice the profession of lawyer at least eight years before his appointment. The representative of the Police member shall be Attorney of the Republic. "
Art. 11. Article 39 reformed as well.
"Art. 39. The Heads authority with enforcement, the Disciplinary Tribunal, the Inspector General, Disciplinary Investigation Unit and its Sections, entrust investigations into the case that
know, when necessary, to instructors who will act as investigating authority under this Act. "
Art. 12.- hereby added an Art 91-A, as follows:.
"Art. 91-A.- The members of the National Civil Police, in carrying out their duties,
had acted within one of the excluding criminal responsibility provided for in Article 27 of the Criminal Code, having been declared by the judge competent criminal, not be subject to disciplinary sanction. "
Art. 13. 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-ninth day of October 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 REYES ERNESTO MOLINA,
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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 seventeenth day of November, two thousand fifteen
.
PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
OJ No. 211 Volume No. 409
Date: November 17, 2015
SP / Adar 12/08/2015
LEGISLATIVE INDEX