Reforming Articles 323, 324, 328, 331, And 350 Of The Code Of Criminal Procedure.
Original Language Title: Refórmase los Artículos 323, 324, 328, 331 y 350 del Código Procesal Penal.
Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformanse-los-articulos-323-324-328-331-y-350-del-codigo-procesal-penal/archivo_documento_legislativo
1. Decree No. 841 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the Constitution of the Republic, establishes and recognizes the right to freedom, as one of the highest-ranking fundamental human rights, therefore freedom is a sacred and imprescriptible right which all humans possess, provided that they act with respect for the law.
II.-that the Constitution of the Republic, also sets and recognizes the right to the presumption of innocence, and to enjoy all the guarantees and fundamental rights while not proven the guilt of the person.
III. in view of the above, our current criminal law, establishing exclusive of criminal responsibility, which is a tool for the defense of all sorts of legal goods themselves or others.
IV. in order to apply in a better way the exclusion of criminal responsibility, is that it is necessary to carry out reforms to the criminal procedure code, for the effective protection of the rights referred to above.
Therefore, use of his constitutional powers and at the initiative of the members of Parliament Roberto José Munguía, Alberto Armando Romero Rodríguez, and Sigifredo Ochoa Pérez d´Aubuisson.
DECREES, as follows: reforms to the code procedural PENAL Art. 1-joining as a third subparagraph article 323 the following: "If during capture in flagrante delicto, the National Civil Police dedujere that it can exist one excluding criminal liability, shall immediately to the accused to the order of the public prosecutor of the Republic."
Article 2.-merge as a second paragraph to article 324 the following: "the Prosecutor may not order the administrative detention if there is evidence enough of the concurrence of one inclusive of criminal responsibility. The accused will be obliged to provide all the assistance and be at the disposal of the process, under penalty of administrative detention is ordered to attend. The Prosecutor's Office will be available, if necessary, enforcement of a restraining order."
2 article 3.-reforming the second paragraph of article 328 thus: "If in the request, the Prosecutor does not request the imposition of measures precautionary or follows the concurrence of one exclusion of criminal responsibility, the judge shall order the immediate release and shall designate the hearing within the term of law."
Article 4.-becoming the following third sub-paragraph of article 331: "Notwithstanding the provisions of the preceding paragraph, in the case of simple homicide, may issue precautionary measures alternate or alternative to pre-trial detention where there is reasonable probability of the concurrence of one exclusion of criminal responsibility."
Article 5.-reforming the second paragraph of article 350 by the following: "the only justice of the peace may order definitive stay of proceedings in the cases of extinction of criminal action by the death of the accused, prescription, conciliation and mediation, payment of the maximum laid down for the penalty of fine, revocation of the particular instance and by meeting the deadline of evidence in cases of conditional suspension of the procedure. Also you can order it when it is certain that the fact has not existed, does not constitute a crime, or there is certainty of the existence of a exclusion of criminal responsibility."
Article 6.-the present Decree shall enter force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, at thirty-one days of the month of October of two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE 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.
3 FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, eighteen days after the month of November in the year two thousand fourteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernandez, Minister of Justice and public security.
D. o. No. 219 volume no. 405 date: November 24, 2014 SV/adar 17-12-2014 legislative index
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