Law Regulating The Use Of Means Of Electronic Surveillance In Criminal Matters.

Original Language Title: LEY REGULADORA DEL USO DE MEDIOS DE VIGILANCIA ELECTRÓNICA EN MATERIA PENAL.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 924

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That in accordance with Article 27, paragraph 3, of the Constitution of the Republic, it is the obligation of the State to organize the penitentiary centers, in order to correct the criminals, educate them and train them work, seeking their rehabilitation and prevention of crime.

II. the penal system of our country does not have electronic means of surveillance, which allow those persons who do not pose a greater risk of avoiding the action of justice, but who must remain under the supervision of the apparatus In the case of the judicial system, they do not enter or remain in prison unnecessarily.

III.-That in the face of the alarming levels of saturation of the prison system, it is necessary to seek alternatives that will contribute to reducing the problems, among them the technological ones, in such a way that when the deprivation of liberty is This is strictly necessary, it is carried out in dignified and more humane conditions because there is less overcrowding and, at the same time, it allows a reduction of the criminogenic contamination that is generated by the coexistence between primary criminals with reincidents or greater danger.

IV.-That in this sense, it is necessary to issue the legal provisions, pertinent in order to regulate the use of the electronic means of surveillance that will be used for the achievement of the purpose indicated above.

BY TANTO,

in use of its Constitutional powers and on the initiative of the President of the Republic, through the Minister of Justice and Public Security,

DECRETA the following:

LAW REGULATING THE USE OF ELECTRONIC MEANS OF SURVEILLANCE IN CRIMINAL MATTERS

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CHAPTER I

OBJECT, SCOPE AND GUIDING PRINCIPLES

Scope

Art. 1. This Law aims to regulate the use of electronic surveillance as a technical monitoring and localization mechanism in the application of alternative or alternative measures of provisional detention, and in the enforcement of rules of conduct or conditions for the benefit of probation laid down in this Law; as well as the cases in which their use comes, the requirements for their granting, the competent authorities for their authorisation and control; and entity in charge of monitoring and controlling your application.

Definitions

Art. 2.-For the purposes of this Law, it is understood by:

a) Electronic Surveillance Medium: all that electronic device used to exercise automated surveillance on biological aspects and georeferential location of its carrier. or user, such as bracelets, billets, chips, or any other similar device;

b) Monitoring Center: place designated to carry out monitoring of electronic surveillance media;

c) Porter: person using a device electronic surveillance device; and,

d) Electronic surveillance: set of technological and human means of systematized surveillance.

Guiding Principles

Art. 3.-In the application of this Law, the following principles shall apply:

a) Principle of Legality: the use of electronic surveillance means shall be limited to compliance with the constitutional provisions, international instruments on Human Rights, Laws and Regulations;

b) Principle of Human Dignity: in the application of this Law the inherent dignity of the human being will be respected at all times;

c) Principle of Proportionality and Need: the the use of electronic means of surveillance must be necessary, appropriate and of minimum affectation;

d) Principle of Jurisdiction: the application of this Law for a specific case must be ordered by the competent Judge or Court; and,

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e) Principle of Temporality: the use of electronic surveillance devices will be limited to a maximum and minimum time defined by the competent authority.

CHAPTER II RIGHTS AND OBLIGATIONS OF CARRIERS OF ELECTRONIC SURVEILLANCE DEVICES

Rights of Electronic Devices Carriers

Art. 4.-The carriers of electronic surveillance devices shall enjoy, in addition to the rights provided for in the Constitution and the Laws, the following rights:

a) To be informed in a clear and comprehensible manner of the conditions to which they are subject to the use of the electronic surveillance device and the consequences of its non-compliance;

b) To enjoy its outpatient freedom in a controlled manner without more limitations than those laid down in the relevant judicial decision;

c) To the enjoyment of your privacy or privacy in the execution of the measure, without more limit than the established in the relevant judicial resolution;

d) To have the possibility of education and employment, which contribute to rehabilitation and social reintegration; and,

e) To be informed of the appropriate form of the use and care of the The electronic device assigned to you.

Obligations of the Electronic Devices Carriers

Art. 5.-The carriers of the electronic surveillance devices are obliged to:

a) Use at all times the electronic means of surveillance that is assigned to you, whether you are restricted in your outpatient freedom to a place determined or not;

b) Not to cause the technical instruments to be assigned to it, no intentional or carelessness damage, which partially or totally avoids its usefulness; and,

c) Maintain the electronic means of surveillance allocated, available to be reviewed by the appropriate authorities.

The default The above obligations will give rise to the responsibilities contained in this Law and others that are applicable.

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CHAPTER III

ELECTRONIC SURVEILLANCE MEDIA MONITORING CENTER

Monitoring

Art. 6.-Create the Electronic Surveillance Media Monitoring Center under the Directorate General of the Criminal Centers, which will be the entity responsible for the technical monitoring of the carriers of electronic surveillance devices, in collaboration with the Judge In accordance with this Law,

Department of Evidence and Assisted Freedom of the Judicial Body shall be able to dispose of equipment in the penitentiary centers that it deems appropriate, of equipment, in accordance with this Law. and personnel with the ability to detect and block the cell phone signal, radio stations communication or any other electronic device for the transmission, emission, reception or storage of voice, image, sound or data signals inside the penitentiary centres, the use of which has not been authorised by the authorities In accordance with the Law, as well as to monitor the use of those for the identification of possible criminal acts.

In any case, the Directorate General of the Criminal Centers must inform the authorities concerned. on the commission of criminal acts which are warned in accordance with the present Law.

Deputy Director of the Electronic Media Monitoring Center

Art. 7.-The Monitoring Centre shall be in charge of a Deputy Director, who shall be appointed by the Minister of Justice and Public Security, on a proposal from the Director General of the Criminal Centres and shall depend on the latter's hierarchically. at the request of the holder of the Master of Justice and Public Security.

To be designated in office, the following requirements must be met:

a) Greater than thirty-five years;

b) El Salvador;

c) With title university;

d) With knowledge in the field;

e) Morality and notorious competition;

f) Not having a criminal or police record; and,

g) Being in the full exercise of citizen's rights and having been in the ten years prior to the exercise of office.

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Obligations and Attributions of the Monitoring Center Subdirector

Art. 8.-The Sub-Director of the Monitoring Centre shall have the following obligations and powers:

(a) Technically monitor compliance with the conditions imposed on carriers of electronic surveillance means, in accordance with the provisions of this Regulation. provided in this Law;

b) Give the information requested by the Judge or Court of Cause, the Department of Evidence and Assisted Freedom or the Regional Criminal Council, as the case may be, on the enforcement of the measure or rules imposed.

c) Immediately inform the Office of the Prosecutor General of the Republic, the National Civil Police and the relevant Judicial Authority, who shall be required to provide the necessary collaboration in the event of a breach or commission of a criminal figure occurring during the use of the electronic means of which they are

d) Report to the Office of the Prosecutor General of the Republic, the National Civil Police and the Judicial Authority, the commission of criminal acts related to the illegal use of the devices referred to in Article 6 of this Law; and,

e) Other as determined by the Laws related to the matter.

CHAPTER IV PROVENANCE OF USE, COMPETENT AUTHORITIES, AND PROCEDURE

Source Cases

Art. 9. The use of electronic surveillance control devices shall only proceed for the following cases:

a) As a means of monitoring alternative or substitute measures for the provisional detention referred to in the Code Criminal prosecution, in cases where it is compatible with the use of the means governed by this Law;

b) In those cases where the maximum term of provisional detention has been exceeded;

c) As a mechanism of collaboration (i) an interinstitutional agreement on the supervision of the conditions under which a sentenced person is to be subjected to has granted parole, consisting in refraining from attending certain places or any other which would be advisable in accordance with the particular circumstances of the case; and involving, for the Court of Auditors Penitentiary and the execution of the penalty, the need to monitor the places that are frequent;

d) This benefit may be applied to the prisoners mentioned in article 85 and 86 of the Penal Code, concerning the probation and the Early parole, to beneficiaries with direct arrest by the Judge.

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The use of electronic surveillance devices in the above-mentioned private in this article will be imposed by the Judicial Authority either ex officio or at the request of a party, at the time of decree or review the precautionary measures in the criminal proceedings or to agree on the probation.

Competent Authority

Art.10.-The use of electronic surveillance devices will be decreed by a decision rendered by the Judge of the case, who will maintain in any case the responsibility for control and surveillance that corresponds to the law, for which he will receive the collaboration of the Department of Testing and Assisted Freedom and the Center of Monitoring, as provided in this Law.

Temporality

Art. 11. The use of the electronic surveillance device shall not exceed the three-year period, except in cases where the Judge of the case considers it strictly necessary.

Revocation

Art. 12. Failure by the bearer to comply with the obligations relating to the use of the electronic devices contained in Article 5 of this Law shall give rise to the revocation of the alternative or alternative measures of the provisional detention, or the granting of probation that resulted in the application of these means of control.

In the case of revocation, it may not be granted again in the three years after it.

Cesation

Art. 13.-The use of the electronic surveillance device shall cease in the following cases:

a) By death of the carrier;

b) By compliance with the maximum period of use contemplated in this Law;

c) By modification or revocation of the alternative or alternative measure of provisional detention that resulted in the use of the media;

d) By the commission of a new criminal offence, or revocation, in the case of those who enjoy probation; and,

e) For non-compliance with restrictions imposed by the judicial authority.

CHAPTER VI GENERAL PROVISIONS

Coordination and Inter-agency Cooperation Principle

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Art. 14.-For the proper application of the electronic surveillance means, the Judicial and Administrative entities involved in their implementation shall work in coordination and provide all the necessary cooperation to effectively comply with the the purposes of this Act.

Availability

Art. 15. The use or allocation of electronic surveillance means shall be carried out in accordance with the availability thereof, taking into consideration the maximum usefulness and use of State resources.

Police Aid

Art. 16.-The National Civil Police is under the obligation to provide immediate assistance by receiving the respective alert from the Monitoring Center for the location of the carrier. In the event of a breach of the measure, the offender must be placed at the order of the competent Judge.

Manual of Procedure

Art. 17.-The Directorate-General of Criminal Centres shall issue a manual of procedures, which facilitates the operational implementation of this Law, which shall contain all the technical aspects of the electronic surveillance media and the way in which the the monitoring will be carried out.

The manual referred to in the preceding paragraph must be submitted for approval by the Minister of Justice and Public Security.

Substitute

Art. 18. In all the provisions of this Law, the provisions of the Criminal Procedure Code and the Penitentiary Law will apply.

Vigencia

Art. 19.-This Law shall enter into force sixty days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at eight days of the month of January of the year two thousand fifteen.

OTHON SIGFRIDO REYES MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

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JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.

IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, two days in the month of February of the year two thousand fifteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

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

D. O. 23 Took Nº 406 Date: February 4, 2015

SV/adar 25-02-2015

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