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.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-reguladora-del-uso-de-medios-de-vigilancia-electronica-en-materia-penal/archivo_documento_legislativo



1. Decree No. 924, the Legislative Assembly of the Republic of EL SALVADOR: I.-that in accordance with article 27, paragraph 3, of the Constitution of the Republic, is the duty of the State organizing the penitentiaries, in order to correct the criminals, educate them and train them work habits, ensuring their rehabilitation and the prevention of crimes.
II.-that the criminal justice system in our country currently has no means of electronic surveillance, which make it possible for those people that do not represent a risk to evade the action of Justice, but that must be followed under the supervision of the judiciary, not from entering prisons or remain in them unnecessarily.
III.-that to alarming levels of saturation of the penitentiary system, it is necessary to look for alternatives that contribute to reduce this problem, including the technological, in such a way that when deprivation of liberty is strictly necessary, this occurs in more humane and dignified conditions there are less crowded and, at the same time, allow a reduction of criminogena pollution that is generated by the coexistence between primary offenders with offenders or of greater danger.
IV.-that in this sense, it is necessary to issue relevant legal provisions in order to regulate the use of the means of electronic surveillance which will be used for the achievement of the above end.
Therefore, in use of his constitutional powers and at the initiative of the President of the Republic, by the Minister of Justice and public security, DECREED the following: law regulating of the use of means of surveillance electronics in matters criminal 2 Chapter I object, scope and principles guiding scope of application article 1.-the present law is to regulate the use of means of electronic surveillance as a technical mechanism of monitoring and location in the application of substitute or alternative measures of pre-trial detention, and in compliance with the rules of conduct or the benefit of parole conditions established by this law; as well as cases in which appropriate use, the requirements for granting, the authorities responsible for the authorisation and supervision, and the entity responsible for the monitoring and control of your application.
Definitions article 2.-for the purposes of this Act, means: to) electronic surveillance means: all that electronic device that is used to exercise monitoring automated biological aspects and location proposal of its wearer or user, such as bracelets, anklets, chips, or any other similar device;
(b) Monitoring Center: designated to carry out the monitoring of the means of electronic surveillance;
(c) carrier: person who uses an electronic surveillance device; and, (d) electronic surveillance: set of technological and human means of systematic surveillance.
Principles governing article 3.-in the application of this law shall govern the following principles: to) principle of legality: the use of the means of electronic surveillance shall be limited to the fulfilment of the constitutional provisions, international instruments on human rights, laws and regulations;
(b) principle of human dignity: in the implementation of this law will be respected at all times the inherent human dignity;
(c) principle of proportionality and necessity: the use of the means of electronic surveillance should be necessary, suitable and minimum encumbrance;
(d) principle of Jurisdiccionalidad: the application of this law to a particular case should be ordered by the judge or competent court; (and 3 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 the carriers of devices of surveillance electronics rights of the carriers of the devices electronic article 4.-the carriers of electronic surveillance devices shall have, in addition to the rights provided in the Constitution and the laws, the following rights: to) to be informed in a clear and understandable of the conditions to which is fastened using the device of electronic surveillance and the consequences of non-compliance;
(b) to enjoy their freedom of movement controlled without more limitations than those laid down in the corresponding court ruling;
(c) to enjoy their privacy or privacy in the implementation of the measure, without more limits than those laid down in the corresponding court ruling;
d) to have the possibility of education and employment, contributing to the rehabilitation and social reintegration; (and e) to be informed in the proper use and care of the electronic device that is assigned to it.
Obligations of the carriers of the devices electronic article 5.-the carriers of electronic surveillance devices are required: to) use at all times the means of electronic surveillance that may be assigned to it, either you are restricted in their freedom of movement to a place or not;
(b) do not cause them to technical instruments which you are assigned, no intentional harm or neglect, which partially or totally avoid its usefulness; and, c) maintaining the means of electronic surveillance that may be assigned to it, available to be reviewed by the appropriate authorities.
Failure to comply with the above obligations give rise to responsibilities contained in this law and others that may be applicable.

4 chapter III monitoring of means of surveillance electronics Center of monitoring article 6.-create monitoring center of means of electronic surveillance under the General direction of Penal centers, which will be the body responsible for the technical monitoring of carriers of electronic surveillance devices, in collaboration with the competent judge or the Department of test and assisted freedom of the Judicial organ , in accordance with this law.
In addition, the Directorate-General of Penal centers, available in prisons that it deems appropriate, equipment and personnel capable of detecting and blocking the signal from cell phones, radios, communication or any other electronic device for the transmission, emission, reception or storage of signals of voice, image, sound or data to prisons inside whose use has not been authorized by the prison 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 penal centres shall inform the appropriate authorities on the Commission of criminal acts that are warned in accordance with this law.
Deputy Director of the center of monitoring media monitoring electronic article 7.-the monitoring center will be headed by a Deputy Director, who shall be appointed by the Minister of Justice and public safety, on the proposal of the Director-General of criminal centres and hierarchically depend of the latter; without prejudice to report at the request of the holder of the justice and public safety industry.
To be appointed in office, shall comply with the following requirements: to) more than thirty-five years;
(b) Salvadoran;
(c) with college degree;
(d) with knowledge on the subject;
(e) morality and notorious competition;
(f) not to have criminal or police record; and, g) be in the full exercise of the rights of citizens and have been in the ten years prior to the exercise of office.

5 obligations and powers of the Deputy Director of the center of monitoring article 8.-the Deputy Director of the monitoring center will have the following duties and powers: to) technically monitor the fulfilment of the conditions imposed on carriers of means of electronic surveillance, in accordance with the provisions of this law;
b) yield the information that is requested by the judge or Court of the cause, the Department's test and assisted freedom or the Regional criminological Council, as the case may be, upon compliance with custom or imposed rules.
(c) immediately inform the Attorney General of the Republic, the National Civil Police and to the appropriate Judicial authority, who will be obliged to provide the necessary cooperation to the breach or Commission of criminal figure occurring during the use of the electronic medium that has knowledge.
(d) inform the Attorney General of the Republic, the National Civil Police and the appropriate Judicial authority, the Commission of criminal offences related to the illegal use of the devices mentioned in article 6 of this law; (and e) other determined by laws related to the matter.
Chapter IV PROVENANCE of use, competent authorities and procedure cases of origin article 9.-the use of control of electronic surveillance devices will only proceed to the following cases: to) as a means of monitoring the alternative or substitute measures of provisional detention referred to in the code of criminal procedure, in cases in which is compatible with the use of media that regulates the present law;
(b) in those cases in which exceeded the maximum period of pre-trial detention;

c) as mechanism of inter-agency collaboration in the supervision of the conditions to which a convicted person who has been granted parole, is subjected in refraining from going to certain places or any other that was advisable according to the particular circumstances of the case; and that involves, for the Court prison monitoring and execution of the penalty, the need to monitor the places that this frequent;
(d) this benefit may be applied to inmates referred to in article 85 and 86 of the Penal Code, pertaining to parole and early parole, beneficiaries with arrest household decreed by the judge.

6. the use of the devices of electronic surveillance in those deprived of freedom referred to in this article shall be imposed by the Judicial Authority either ex officio or at the request of a party, at the time of enacting or reviewing the precautionary measures in criminal proceedings or agree to probation.
Authority competent Art.10.-the use of surveillance devices electronic will be decreed by resolution pronounced by the judge, who will keep the responsibility for control and surveillance that corresponds according to the law, which will receive the collaboration of the Department of assisted liberty and test and monitoring center, according to the provisions of this law.
Article 11.-the temporary use of surveillance device electronics shall not exceed the term of three years, except for cases in which the judge deemed strictly necessary.
Revocation article 12.-the default, by carrier, obligations related to the use of electronic devices contained in article 5 of this law, will result in the revocation of the substitute or alternative measures of pre-trial detention, or the granting of probation that resulted in the implementation of these means of control.
Before the reversal, this may not be granted again in the three years after the same.
Cessation article 13.-the use of the monitoring device electronic ceases in the following cases: to) death of the carrier;
(b) for compliance with the maximum period of use contemplated in this Act;
(c) by modification or revocation of the substitute or alternative measure of pre-trial detention which gave rise to the use of the medium;
(d) by the Commission of a new offence of intentional, or revocation, in the case of those who enjoy conditional release; (and e) for breach of the restrictions imposed by the judicial authority.
Chapter VI provisions general principle of coordination and cooperation inter-institutional 7 article 14.-for the proper application of the means of electronic surveillance, institutions, judicial and administration involved in its execution, should work in coordination and provide all the cooperation needed to meet effectively the purposes of this Act.
Availability article 15.-the use or allocation of means of electronic surveillance will be carried out in accordance with the availability of them, taking into consideration the maximum utility and utilization of the resources of the State.
Police article 16.-the police National Civil assistance is obliged to provide immediate assistance to receive the respective alert from the center of monitoring, to the location of the carrier. In the event of failure to comply with the measure, the offender shall be put to the order of the competent judge.
Manual of procedure article 17.-the address General Penal centres shall issue a manual of procedures, which will facilitate the operational implementation of this law, which shall contain all the technical aspects of media monitoring electronics and the way in which the monitoring will take place.
The manual referred to in the preceding subparagraph, must be subjected to the approval of the Minister of Justice and public security.
Supletoriedad article 18.-in all matters not provided for in this law, shall apply supplementary provisions of the criminal procedure code and penitentiary law.
Article 19.-the entry into force this law shall enter into force sixty days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, eight days after the month of January of the year two thousand and fifteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.

8 JOSÉ FRANCISCO MERINO LÓPEZ, LORRAINE GUADALUPE PENA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the two days of the month of February in the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernandez, Minister of Justice and public security.
D. o. No. 23 vol. No. 406 date: February 4, 2015 SV/adar 25-02-2015 legislative index