Special Law Against Extortion.

Original Language Title: LEY ESPECIAL CONTRA EL DELITO DE EXTORSIÓN.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-contra-el-delito-de-extorsion/archivo_documento_legislativo



1 DECREE No. 953

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I- That the crime of extortion, and sanctioned in Article 214 of the Penal Code, currently. has insufficient legal configuration, which does not correspond to reality
because it, for its multi-offensive character, not only injures or endangers the property of an individual, even if does not reach set an effective asset impairment, such actions have already affected
other individual, such as personal autonomy legal rights.
II.- That the crime of extortion has evolved more complex and systemic forms
and injury resulting finally moved families, small and medium enterprises and various sectors of national life increasing costs production and discouraging investment, which is distorted
socioeconomic system in general; also causes damage to the social fabric and tranquility, which are injured legal rights of a collective nature, such as the economic order and public peace, among others.
III.- telecommunications services providing concession operators of commercial telecommunications networks are used as instruments for the crime of extortion, especially those generated from
inside prisons; so it is necessary to counter the misuse of telecommunications services.
IV.- That the products obtained from this criminal activity, produces not only illicit enrichment of members of criminal organizations, but is also used for expansion and strengthening to the detriment of honest work
population.
V. That in order to avoid impunity because of the laws relating to criminal extortion
existing, it is necessary to readjust it to the actual circumstances faced by victims and operators of the criminal justice system, both police , prosecutors and judges, who are faced with such crimes;
and expressly recognize the procedural intervention of different sectors of civil society and municipal and community associations in defense of collective interests affected by the crime of extortion; and VI.-
That because of the above, it is necessary to take special legislative measures that contribute to crime prevention extortion;
well as the effective investigation and prosecution and asset forfeiture in favor of the State, of goods unlawfully obtained proceeds of crime, extortion and other related criminal activities.

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THEREFORE,
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Justice and Public Security.
DECREES the following:
SPECIAL LAW AGAINST CRIME TITLE I racketeering


Sole Chapter Object
Art. 1. This Act seeks to establish special criminal and procedural regulations, as well as measures
administrative nature for the prevention, investigation, prosecution and punishment of the crime of extortion. TITLE II


CHAPTER I CRIMES AGAINST THE ESTATE, PERSONAL AUTONOMY AND PROPERTY LEGAL collective or RELATING TO ECONOMIC ORDER AND PUBLIC PEACE

Extortion Art. 2. Whoever engages in acts that coerce or induce another, even implicitly, to do, tolerate or omit an act or equity business, professional or economic nature, regardless of the amount, with the purpose of obtaining profit, profit , benefit or advantage for
yes or a third party, shall be punished with imprisonment from ten to fifteen years.
Extortion is deemed to occur regardless of whether the act or business that relates to the preceding paragraph
took place and will respond as co-authors, both performing the threat or demand, such as those involved in the personally collecting money through their accounts or financial transfers or receive goods proceeds of crime.

Aggravated Extortion Art. 3. The penalty established in the preceding article shall be increased by one third of the maximum, if concur any of the following circumstances:

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1) If the act is committed by two or more persons or a member of a group, association or organization referred to unlawful Art 345 of the Penal Code.;
2) When the commission of criminal action For working to minors or incompetent;
3) When criminal action is wholly or partially schedule or ordain from a prison, detention, internment or abroad;

4) If the offense is committed against relatives who are within the fourth degree of consanguinity or second degree, adoptive, adopted, spouse or life partner
;
5) If the offense is committed taking advantage of the trust of the victim in
the author or any of the participants;
6) When the act is committed by an official, public employee, municipal, public authority or agent
authority in the exercise or not of their duties;
7) If the criminal action includes on threat of executing death, injury, detention, abduction or damage to the victim or against relatives who are within the
fourth degree of consanguinity or second of affinity, adopter, adopted , spouse or life partner;
8) If the act is committed using any means of telecommunications traffic;
9) If the offense is committed to the detriment of official, public employee, municipal,
public authority or agent of authority, in the exercise of their functions; and
10) If any weapon has used.
Proposition and Conspiracy Extortion Crime
Art. 4. The Proposal and conspiracy in cases of extortion and aggravated extortion, shall be punished with a sentence of two to five years in prison. CHAPTER II


Criminal SPECIAL PROCEDURAL PROVISIONS
Action Art. 5. The criminal action to prosecute the crime of extortion, conspiracy and his proposal will be public and its investigation may be initiated ex officio, by a notice or complaint.

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denounce or sue in Defense of Collective Interests
Art. 6. may give notice, file a complaint or lawsuit for the crime of extortion, either before the National Civil Police, the Attorney General's Office or the judge, any citizen or legally constituted association of citizens in defense of collective interests. Similarly
may denounce, give notice or sue whom the victim, his representative or agent designee, notwithstanding the duty of every citizen according to Art. 261, 263, 264 and 265
Criminal Procedure Code.
To sue or to represent the victim for the crime of extortion is not required to
special and may be appointed to the Attorney General of the Republic, noting that appointment recorded separately, which will suffice the appropriation of the key to that victim in case of application of Scheme victim and Witness Protection.

Competition and Special Rules Art. 7. The crime of extortion shall be responsible for Criminal Tribunals Ordinaries Commons, except in the form of organized crime or Performing Complex, in which case they know the Specialized Courts, under the Law Against Organized Crime and Crimes of Making | || Complex.
It processed under this Special Law, offenses that are related to the crime of extortion.
Research Techniques and Evidentiary Issues
Art. 8. In the investigation of the crime of extortion, police investigation techniques may be used, as in the case of deliveries in police coverage or established in Art. 282 of the Code of Criminal Procedure
such as undercover agents, including other, prior authorization of the Attorney General of the Republic, as well as recording calls one of the partners in accordance with Art. 46 of the Special Law for Interception of Telecommunications.
In the prosecution of the crime of extortion, it should promote the application of advances test and admission of testimony reference. Judges will award
probative value to the analysis of logs calls and statements from police or private agents who participated in the negotiation and delivery in police coverage,
and any other evidence, scientific and technological means to them leading to the conviction of the existence of crime and criminal involvement.

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Special Case of Extortion from
Art Correctional Centers. 9. In those cases involved proves as perpetrator or accomplice in the commission of the offenses set out in this Special Law, some internal of the Penitentiary System shall disqualifies the Special Confinement Regime in the Security Prison, in accordance with | || established by Art. 103 of the Prisons Act, which also must meet the penalty for this.
If an officer or prison authority proves involved, as author or

Accomplice, allowing the entry of illicit allowing the commission of the offenses set out in this Special Law, shall be punished in accordance with the provisions of Arts. 2 and 3 of this Special Law.

Art Electronic Information. 10. When in the course of an investigation or during delivery devices in police coverage, burglaries, prison requisitions or any place of detention, suspected a person has constitutive
crime information useful for research or stored in technological equipment or instruments owned or possession may be taken prior functional direction of the Attorney General of the Republic, measures to ensure the provision, receipt or storage of information, without prejudice to seizure can proceed.
Personal Property Forfeiture product
Extortion Art. 11. The Attorney General of the Republic shall proceed according to its criteria for intervention in cases where it complies with the parameters regulated in the Special Law of Extinction
Domain and Administration of the Goods of Origin or Destination illicitly. TITLE III


CHAPTER ONE SPECIAL REGULATIONS ON TELECOMMUNICATIONS
Obligation Commercial Operators Telecommunication Network
Art. 12. Commercial Operators Telecommunication Networks will be required to adopt and implement trade and technical solutions necessary procedures to avoid the provision of telecommunications traffic services within prisons, prison farms
or detention centers for minors.
The General Superintendency of Electricity and Telecommunications will be responsible for issuing the applicable technical regulations containing the parameters for compliance with the provisions

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this article, as well as the geographical perimeter that will be affected by the implementation of such measures.
Obligation Temporary Suspension of Service in the case of the Crime of Extortion
Art. 13. Commercial Operators Telecommunication Network should make an immediate suspension of telecommunications services required by the Attorney General of the Republic
, being being used in the commission of the crime of extortion and other related crimes, which do not they can be rehabilitated or reallocated until authorized by such institutions.
In cases where the suspension has been performed by fiscal order, it must apply for ratification to the competent criminal judge within seventy-two hours, who will decide on the request within the same period, communicating the decision to
the Superintendency of Electricity and Telecommunications and the relevant operator, to act by the judge as ordered. If the relevant judge does not respond within the time limit it shall be considered as a positive response to the prosecutor's request.
The breach of the provisions of this Article, by the operators of commercial telecommunications networks punishable by a fine of five hundred monthly minimum wages of trade and services sector, for each offense, subject to criminal liability | || that clarifications which might incur managers or employees that are responsible for the breach.
Telecommunications Prohibition of Traffic in prisons, Prison Farms or detention centers

Art. 14.- to Commercial Operators providing telecommunications networks or provide services is prohibited
all kinds of telecommunications traffic in physical spaces where prisons, prison farms or juvenile detention centers, which are located for They shall be obliged to take all necessary technical measures.
These physical spaces will be provided to them by the General Superintendency of Electricity and Telecommunications in coordination with the Ministry of Justice and Public Security.
Are not included in this prohibition, fixed telephony, internet and data connection employed by the administration of such penitentiary centers.
It is the responsibility of the operating company to ensure compliance with the provisions of the preceding paragraph, empowering the Ministry of Justice and Public Security to verify compliance, in
coordination with the General Superintendency of Electricity and Telecommunications and pursuant to Art. 6 of the Law Regulating the Use of Electronic Surveillance Means in Criminal Matters.

It is the responsibility of the Ministry of Justice and Public Security, in coordination with the General Superintendency of Electricity and Telecommunications, monitor that are not used telephony services to originate or receive communications within prisons, prison farms or detention centers for minors.

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Unjustified of the provisions of this Article breach shall be punished with a fine of three thousand monthly minimum wages of trade and services sector, for each day that it
incurred in one or more offenses.
In case of repetition or continuation of the infringement for more than one day term
calculating the value of the fine in no case exceed ninety days.
Incurring If five or more violations within a year, in addition to the fine, the offender is punished
operator with the revocation of the concession, prior exhaustion of the respective sanctioning procedure.
All this without prejudice to the relevant legal responsibilities based on current legislation.
The General Superintendency of Electricity and Telecommunications It is the competent body to process and resolve the sanctioning procedure regarding Commercial Operators Telecommunication Network in accordance with this Special Act and Telecommunications Act and its regulations
, as the case, informing pertinent to the Attorney General of the Republic. Mandatory

Art interagency collaboration. 15. State institutions should work within the framework of its legal competences with the Ministry of Justice and Public Security in the coordination and implementation of policies and
guidelines for the implementation of this Special Law.
The Ministry of Justice and Public Security in coordination with the General Superintendency of Electricity and Telecommunications
, for non-compliance to technical regulations, order the operator to make the appropriate adjustments. Unjustified failure as ordered by it, constitute infringement and will result in the commencement of the sanctioning procedure.

TITLE IV FINAL PROVISIONS CHAPTER ONE


Transitory Art. 16. The General Superintendency of Electricity and Telecommunications will issue the corresponding technical regulation and technical measures to enforce the prohibition in this Special Law, within no more than ninety days after the effective date of this Decree.
These provisions further establish the deadline for making adjustments as appropriate, the parties involved, the corresponding mechanism for monitoring that may be made by third parties.

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Operators are not responsible for the allocation of services near the perimeters established areas. Repealing

Art. 17.- Repealed Art. 214 of the Penal Code and any other provisions that oppose the provisions of this Special Law. Supplementation

Art. 18. In matters not covered in this Special Act shall apply accordingly
provisions of the Criminal Code, Criminal Procedure and other laws. Effective

Art. 19.- 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, on the eighteenth day of March
the year two thousand and fifteen.
OTHON Sigfrido Reyes Morales,
PRESIDENT.
LUIS VALDEZ ENRIQUE ALBERTO SOTO, GUILLERMO ANTONIO NAVARRETE GALLEGOS,
FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, MENDOZA PEÑA LORENA GUADALUPE,
THIRD VICE. FOURTH VICE.
CARLOS ARMANDO REYES RAMOS,
FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, MENJIVAR VICENTE MANUEL ESQUIVEL,
first secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya
Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, ERNESTO ANTONIO ANGULO MILE,
QUINTA Secretariat. SIXTH SECRETARY. JOSE FRANCISCO
ZABLAH SAFIE, ORANTES SERAFIN JOSE RODRIGUEZ, seventh Secretary. EIGHTH SECRETARY.

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PRESIDENTIAL HOUSE: San Salvador, this twenty-third day of March 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.
No. 56 OJ No. 406 Volume Date: March 23, 2015 SV
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Adar 28/04/2015 LEGISLATIVE INDEX