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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 106
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That by Legislative Decree No. 1030, dated April 26, 1997, published in Official Journal No. 105, Volume N ° 335, of June 10 of the same
year, the Penal Code was issued.
II.-That in our country there have been repudiable crimes of intolerance and
hatred, especially directed against victims by reason of their gender, identity and gender expression or sexual orientation. Such crimes must be investigated and punished with all the rigour of the Law.
III.-That it is appropriate to introduce aggravating crimes of homicide and threats in the Penal Code, in order to punish with greater rigour the punishable facts
motivated by racial, ethnic, religious, political, generic, gender identity and expression of gender or sexual orientation.
BY TANTO,
in use of its Constitutional faculties and on the initiative of the Diputadas Jackeline Noemi Rivera Avalos, Norma Cristina Cornejo Amaya, Idalia Patricia Zepeda Azahar and Deputies Jaime Gilberto Valdes Hernandez and Carlos Mauricio Zambrano Campos.
DECCRETA:
The following reforms to the Penal Code, enacted by Legislative Decree No. 1030 dated April 26, 1997, published in Official Journal No. 105, Volume 10 of June of the same year.
Art. 1.-Add a numeral 11 to the first paragraph and reform the second paragraph of Article 129 of the Penal Code, as follows:
" 11) When motivated by racial, ethnic, religious, political, identity and gender-expression sexual orientation. "
" IN THE CASES OF NUMERALS 3, 4 AND 7, THE PENALTY WILL BE TWENTY TO THIRTY YEARS IN PRISON; IN THE CASES OF THE NUMERALS 1, 2, 5, 6, 8, 9, AND 11 THE PENALTY WILL BE THIRTY TO
FIFTY YEARS OF IMPRISONMENT; AND IN THE CASE OF THE NUMERAL 10, THE PENALTY IT WILL BE FORTY TO SIXTY YEARS IN PRISON. "
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Art. 2.-Add a numeral 5 to the first paragraph of Article 155 of the Penal Code, in the following terms:
" 5) If threats are motivated by racial, ethnic, religious, political, identity and gender-expression hatred or orientation sexual. "
Art. 3.-This Decree shall 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 three days of the month
September of 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-two days of September of the year two thousand
fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
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Benito Antonio Lara Fernandez, Minister of Justice and Public Security.
D. O. No. 174
Took No. 408 Date: September 24, 2015
SP/adar 21-10-2015
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