The Art Reformed. 138 Code Of Criminal Procedure.

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

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 146

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That the Penal Code was issued by Legislative Decree No. 733 dated October 22, 2008, published in Official Journal No. 20, Volume N ° 382, 30

January 2009 and entered into force on January 1, 2008. 2011.

II.-That in the face of the increase of criminal proceedings and hearings resulting from the phenomenon

criminal that all the institutions of the Criminal Justice System face, the institutional capacities have been rebased on the demand of transfers of detainees held to court hearings, which produces high percentages of

frustration of hearings and, as a consequence, the Judges or Courts have to move anywhere in the national territory, either to a penitentiary centre, a bartoline or any other space for performing acts

specific procedures or hearings, including Public View, which in practice are increasingly more frequent.

III.-That the serious criminal situation and the actions of criminal structures are

attributable to Members of Maras, Gangs, Groups, Associations and Organizations of the Criminal Nature or belonging to any organization proscribed by the Law and who are held in the different Centers

Penitentiary, fulfilling a penalty or prosecution for crimes, the transfer of and assistance to court hearings or other acts It generates a high risk of communication of orders for the commission of new criminal acts and the

time, the possibility of evasion of justice.

IV.-That in the face of the problems described and considering reasons of effectiveness The use of the technology in support of the administration of justice is

therefore it is appropriate to establish regulations that allow to give tools to the applicators of the Law for the realization of the virtual audience,

without the need to move the private of freedom, the holding of the hearing in the Prison or place where you are detained.

FOR TANTO,

in use of your Constitutional powers and on the initiative of the President of the Republic, through the Minister of Justice and Public Security, and with the support of the Martyr Arnoldo Marin.

DECRETA the following:

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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CRIMINAL PROCEDURAL CODE REFORMS

Article 1.-Replace the heading and the Art. 138, as follows:

" PLACE OF THE HEARING AND FORMS OF REALIZATION

Art.138.-The Judge or Court may be constituted anywhere in the national territory.

When it is a fact that has had local repercussion and the Judge or Court considers it prudent, shall be sought to conduct the hearing in the Municipality where the offence has been committed provided that the exercise of the right of defence is not hindered, the security of the interveners is put at risk or is

liable to cause a significant change in public peace.

When the private person of liberty is prosecuted for the crimes referred to in the Special Act

Against Acts of Terrorism, Illicit Pools and those executed under the Organized Crime and Complex Execution, the Judge or competent court shall hold the virtual hearing unless the judge considers it relevant the conduct of the hearing in the Prison Center.

Virtual hearing shall also be held, for any other type of crime, than at the request of a party or for consideration by the Judge or Court, by the seriousness of the same or other circumstances objective, there are indications that there is a danger of absconding or impediment to the transfer of the private person of liberty.

In cases where the private person is subject to special detention, according to the Prison Law, virtual hearing must be held.

For this type of hearings, videoconferencing or other system that allows for multi-directional and simultaneous communication of the image and sound as well as visual interaction,

hearing and verbal between two or more persons or groups of persons

Director of the Penitentiary Center or the place where the accused is being held, will have to

. with the Secretary of the Judiciary, with regard to the accreditation of the identity of the accused and in the necessary, for the proper conduct of the hearing. "

Transitional Provision

Article 2.-The Ministry of Justice and Public Security and the Supreme Court of Justice will make the necessary coordination for the adequacy of the permanent infrastructure and equipment

necessary for both institutions, before thirty-one of March of two thousand sixteen.

Vigencia

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

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, 15 days a month from 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, 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 twenty-eight days of October of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén,

President of the Republic.

Benito Antonio Lara Fernández, Minister of Justice and Public Safety.

D. O. No. 200 Volume No 409

Date: October 30, 2015

SP/adar 24-11-2015

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