The Art Reformed. 138 Code Of Criminal Procedure.

Original Language Title: REFÓRMASE EL ART. 138 DEL CÓDIGO PROCESAL PENAL.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-art.-138-del-codigo-procesal-penal/archivo_documento_legislativo



1 DECREE No. 146

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I. That the Criminal Procedure Code was issued by Legislative Decree No. 733, dated 22 October 2008, published in the Official Gazette No. 20, Volume No. 382, ​​30
January 2009 and entered into force on 1 January 2011. II.-
process to increase criminal and criminal hearings
phenomenon resulting from facing all the institutions of the criminal justice system, institutional capacities have been exceeded to the demand for transfer of prisoners confined to judicial hearings, which produces high percentages of frustration
hearing and, therefore, the judges or courts have to travel anywhere in the country, either to a prison, a bartolina or any other space to perform specific acts or
procedural hearings, including the Public hearing , which in practice they perform increasingly more frequently.
III.- That the serious criminal situation and the actions of criminal structures are
attributable to members of Maras, Gangs, Groups, Associations and Organizations Nature Criminal or belonging to an organization proscribed by law and that are being held in different centers
Prison, serving a sentence or prosecuted for crimes, whose transfer and assistance to court hearings or other procedural act, it creates a high risk of communication of orders to commit new crimes and
time, the possibility of evasion of justice.
IV described that problems and addressing reasons of procedural efficiency,
becomes necessary the use of technology in support of the administration of justice; so it is advisable to establish regulations that provide tools to allow law enforcers to carry out the virtual audience,
without transfer of prisoners, the conduct of the hearing in the prison or place where he is detained.
THEREFORE,
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Justice and Public Security, and with the support of Deputy Arnoldo Martyr Marin.
DECREES the following:

2
AMENDMENTS TO THE CRIMINAL PROCEDURE CODE Article 1. hereby replaced
heading and Article 138, as follows:.
"PLACE OF HEARING AND EMBODIMENTS
Art.138.- the judge or court may be established anywhere in the country.
in the case of an event that has had local impact and the Judge or Court deems prudent, it will seek to conduct the hearing in the municipality where the crime was committed provided that this is not the exercise of the right of defense impeded, put at risk the safety of the participants or
can cause significant disruption of public order.
When the person deprived of liberty is processed by offenses under the Special Law Against Acts of Terrorism
, Illegal Groups and those executed in the form of Organized crime and performing complex, the competent judge or court will hold the virtual hearing, unless the judge deems appropriate conducting the hearing in the prison.
Virtual hearing will also be held for any other type of crime, which at the request of part or consideration of the judge or court, by the severity of the same or other objective circumstances, evidence that there is danger of escape or be taken impediment to the transfer of the person deprived of liberty.
In cases where the detainee be subject to special detention regime, according to the Prison Law, virtual hearing shall be made.
To carry out this type of hearing, visual or other interaction videoconferencing system that allows multidirectional and simultaneous communication of image and sound may be used, as well as auditory and verbal
between two or more individuals or groups geographically distant people, ensuring in any case the possibility of contradiction of the parties and safeguarding the right of defense.
The Director of the Prison or where the accused is arrested, should collaborate with the Judicial Secretary, with regard to accreditation of the identity of the accused and necessary for the proper conduct of the hearing. "
Transitory Provision

Article 2. The Ministry of Justice and Public Security and the Supreme Court, made the necessary coordinations for the adequacy of the permanent infrastructure and equipment necessary for both institutions
before March 31 of two thousand and sixteen. Effective

Article 3. This Decree shall enter into force eight days after its publication in the Official Journal.

3
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the fifteenth 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 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 twenty eighth day of October in the year two thousand and fifteen.
PUBLISHED,
Salvador Sanchez Ceren,
President of the Republic.
Benito Antonio Lara Fernández, Minister of Justice and Public Security.
OJ No. 200 Volume No. 409
Date: October 30, 2015
SP / Adar 24/11/2015
LEGISLATIVE INDEX