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.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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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 most fundamental rights of the human person, for freedom is a sacred and imprescriptible right that all human beings possess, as long as they act respecting the Law.

II. Constitution of the Republic, establishes and recognizes the right to the presumption of innocence, and to enjoy all guarantees and fundamental rights as long as the guilt of the person is not proven.

III. mentioned, our current penal law, establishes exclusionary criminal liability, which are a tool for the defense of all kinds of legal goods of their own or others.

IV.-That with the objective of applying of a better form the exclusionary criminal liability, is that it is necessary to carry out reforms to the Code Criminal prosecution, for the effective protection of the rights mentioned above.

FOR TANTO,

in use of its Constitutional powers and at the initiative of the Deputies Roberto José d' Aubuisson Munguía, Alberto Armando Romero Rodríguez and Sigifredo Ochoa Pérez.

DECRETA, the following:

REFORMS TO CRIMINAL PROCEDURAL CODE

Art. 1.-Incorporate as a third indent of Article 323 the following:

" If during the capture in flagrance, the National Civil Police dedujere that there can be an exclusionary of criminal responsibility, it will immediately place the imputed to the order of the Office of the Prosecutor General of the Republic. '

Art. 2.-Incorporate as a second indent of Article 324 the following:

" The Prosecutor may not order administrative detention if there are sufficient indications of the concurrence of a criminal liability exclusionary. The accused will be in the obligation to provide all the collaboration and to be in the disposition to participate in the process, under the penalty of ordering the administrative detention. The Office of the Prosecutor General shall, if necessary, arrange for the application of a restraining order. "

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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Art. 3.-Reform the second paragraph of Article 328 as follows:

" If in the order, the Prosecutor does not request the impositions of precautionary measures or the concurrence of an exclusionary of criminal responsibility is deduced, the Judge will have to order the immediate freedom and will point to the hearing within the term of law. "

Art. 4.-Incorporate as a third indent of Article 331 the following:

" Notwithstanding the foregoing paragraph, in the case of simple homicide, alternative or alternative precautionary measures may be enacted for interim detention when there is a reasonable likelihood of the concurrence of a criminal liability exclusionary. '

Art. 5.-Reform the second paragraph of Article 350 by the following:

" The Judge of Peace may only decree a definitive dismissal in the cases of extinction of the criminal action for the death of the accused, prescription, conciliation and mediation, payment of the maximum expected for the penalty of fine, revocation of the particular instance and for the fulfilment of the test period in the cases of conditional suspension of the procedure. It may also be decreed where it is certain that the fact has not existed, does not constitute a crime, or is certain of the existence of an exclusionary of criminal responsibility. "

Art. 6.-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 thirty-one day of the month of October of two thousand fourteen.

OTHON SIGFRIDO REYES MORALES, PRESIDENT.

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

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.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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FRANCISCO JOSÉ ZABLAH SAFIE, JOSÉ SERAFIN ORANTES RODRÍGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the eighteen days of November of the year two thousand fourteen.

PUBESQUIESE,

Salvador Sánchez Cerén, President of the Republic.

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

D. O. No. 219 Took No. 405 Date: November 24, 2014

SV/adar 17-12-2014

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