Suppression Of Traffic Courts And Creation Of Courts Of Prison Monitoring And Execution Of The Penalty.

Original Language Title: SUPRESIÓN DE JUZGADOS DE TRÁNSITO Y CREACIÓN DE JUZGADOS DE VIGILANCIA PENITENCIARIA Y DE EJECUCIÓN DE LA PENA.

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ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 685

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That in accordance with the provisions of Article 172 of the Constitution of the Republic, it is up to the Judicial Authority to judge and enforce the judgment in the different matters, for which the article 133 ordinal 3rd recognizes the bill of the Supreme Court of Justice, with respect to the jurisdiction and jurisdiction of the courts.

II.-That by Legislative Decree No. 420, dated September 1, 1967, was published in Official Journal No. 183, Volume No. 217, dated October 6 of the same year, the Law of Special Procedures on Traffic accidents, which created specialized traffic competition.

III.-Article 36 of Legislative Decree No. 1027, dated April 24, 1997, published in Official Journal No. 85, Volume No. 335, dated May 13, This year, in force from 20 April 1998, it is established that everything relating to the creation, organization and location of the Courts of Penitentiary Surveillance and Enforcement of the Penalty, will be regulated in accordance with what is established by the Law of the Judicial Organic Law.

IV.-That due to the overload of work of the Courts of Penitentiary and Penitentiary Surveillance It is necessary to take measures to increase the responsiveness of this competition, so that a redistribution of the issues in this field will contribute to improve the quality of the service.

V.-That the statistical data of the In the case of the Commission, the Court of the Court of the European Court of Courts of Penitentiary Surveillance and Enforcement of the Penalty, which shows the need to eliminate some of the Courts of Transit and to create new courts in the area of Penitentiary and Penitentiary Surveillance, in order to This measure will facilitate the compliance with the Constitutional function of the Judicial Branch.

BY TANTO,

in use of its Constitutional powers and on the initiative of the Supreme Court of Justice.

DECCRETA:

Art. 1.-The Courts 3 ° and 4 ° of the Transit of San Salvador, as well as the Courts of Transit of La Libertad, that of Sonsonate, and the 2 ° of the Transit of San Miguel are deleted.

The Judges and staff who, in accordance with the Law of the Judicial Race, are attached to it and meet the requirements set out in the Charge Classification Manual in force for

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The Judicial Body will be integrated into the new courts, in the respective order, respecting in addition, their charges, salaries and other benefits.

For the rest of the staff, the provisions of Articles 19 and 20 of this Decree will be provided.

Art. 2.-Create the Courts 3 ° and 4 ° of Penitentiary Surveillance and Enforcement of the Penalty of San Salvador both with residence in San Salvador.

Also, create the Courts 2 ° of Penitentiary Surveillance and Enforcement of the Penalty of Freedom, Court of Penitentiary Surveillance and Enforcement of the Penalty of Sonsonate and 3 ° of Penitentiary and Enforcement Surveillance of San Miguel with residence in Santa Tecla, Sonsonate and San Miguel respectively.

Art. 3. The 3 ° Penitentiary and Penitentiary Surveillance Court will have its residence in San Salvador and will be aware of the penitentiary surveillance of the detainees ' pavilions located in the hospitals located in the department of San Salvador. Salvador.

Art. 4.-The Court of Penitentiary Surveillance and Enforcement of the Penalty will have its residence in San Salvador and will know of the penal surveillance of the Criminal Center and Readaptation San Luis Mariona, in conjunction with the Court 1 ° of Surveillance Penitentiary and Execution of the San Salvador Penalty, in turn.

Art. 5.-The Courts 3 ° and 4 ° of Penitentiary and Enforcement Surveillance of the San Salvador Penalty, as well as the Courts 1 ° and 2 ° of Penitentiary Surveillance and Execution of the Penalty of San Salvador, will be competent to know of all those matters they come from the Courts of Peace, Instruction, First Instance or Judgment, which are based in San Salvador. The distribution of processes will be carried out through the Office Distributor of Processes, created by Agreement of the Supreme Court of Justice number 666 of the sixteen of December of one thousand nine hundred and ninety nine, and attached to the General Management of Legal Affairs by Agreement of the Supreme Court of Justice number 778 of twenty of October of two thousand four.

The Court of Justice 2 ° of Penitentiary and Execution of the Penalty will continue with the vigilance of the Center of Readaptation of Women of Ilopango.

In order to achieve equity in the workload, the Courts 1 ° and 2 ° of Surveillance Penitentiary and the execution of the San Salvador Penalty, 1 ° of Penitentiary Surveillance and Enforcement of the Penalty of Liberty, will not receive new causes for a year starting from the validity of this decree, which will be assigned to the 3 ° and 4 ° of Penitentiary Surveillance and Enforcement of the Penalty of San Salvador and 2 ° of Penitentiary Surveillance and Enforcement of the Penalty of Freedom, without prejudice to the Supreme Court of Justice by agreement to extend that period, asking the honorable Legislative Assembly to extend it.

Art. 6.-The Court 2 ° of Penitentiary Surveillance and Enforcement of the Penalty of Liberty will have its residence in Santa Tecla and will know of the Penitentiary Surveillance of the Criminal Center of Chalatenango.

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The Prison Surveillance and Enforcement Court of Santa Tecla will be renamed Judged 1 ° of Penitentiary Surveillance and Enforcement of the Penalty of Liberty, and it will be up to the prison surveillance of the Criminal Center of Quezaltepeque.

Art. 7.-The Court 2 ° of Penitentiary Surveillance and Enforcement of the Penalty of Freedom, as well as the Court 1 of that same department, will be competent to know of all those matters that come from the Courts of Peace, of Instruction, First Instance or of Judgment that are based in the department of Chalatenango and La Libertad. The distribution of processes will be carried out through the Office Distributor of Processes, created by Agreement of the Supreme Court of Justice number 666 of the sixteen of December of one thousand nine hundred and ninety nine, and attached to the General Management of Legal Affairs by Agreement of the Supreme Court of Justice number 778 of twenty October two thousand four.

Art. 8.-The Criminal Surveillance and Enforcement Court of Sonsonate will have its residence in Sonsonate and will meet the Penitentiary Surveillance of the Criminal Centers of Sonsonate and Izalco.

In addition, it will be competent to know about all matters arising from the Courts of Peace, Instruction, First Instance or Judgment that are based in the departments of Ahuachapan and Sonsonate.

Art. 9.-The 3 ° San Miguel Penitentiary and Penitentiary Surveillance Court will have its residence in San Miguel and will meet the Penitentiary Surveillance of the San Francisco Gotera and La Unión Penal Center.

In addition, it will be competent to know of all matters that come from the Courts of Peace, Instruction, First Instance or Judgment that are based in the Departments of Morazán and La Unión.

Art. 10.-The Courts 1 ° and 2 ° of the Transit of San Salvador will assume the labor load of the Courts 3 ° and 4 ° of the Transit of San Salvador, in this way, the Court 1 ° assumes the charge of the Court 4 ° and the Court 2 ° assumes the charge of the Court 3 °. The work load of the Tribunal of Transit of Freedom will be distributed between the Courts 1 ° and 2 ° of Transit, corresponding the causes with odd number to the Court 1 ° and the causes with number to the Court 2 °.

Courts 1 ° and 2 ° of Transit will be competent to know the matters that come from the departments of La Libertad, San Salvador, Chalatenango, San Vicente, La Paz, Cabanas and Cuscatlán, for which they will receive the causes through the Office Distributor Office mentioned in the first article of the art. 7 of this decree.

Amend the jurisdiction of the Santa Ana Transit Court and 1 ° San Miguel Transit, to assume the work load and competence of the Traffic Courts of Sonsonate and 2 ° of Transit of San Miguel respectively, the San Miguel Transit Trial 1, hereinafter referred to as the San Miguel Transit Court.

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Art. 11.-The Courts 3 ° and 4 ° of Transit San Salvador will have to send, in a term of sixty days calendar counted from the entry into force of this decree, the processes in processing to the Court 2 ° and 1 ° of the Transit of San Salvador, respectively. The processes will have to be sent to the judicial file in the same term and must send a payroll of the same to the Traffic Court.

Likewise the Courts of Transit of La Libertad, Sonsonate and 2 ° of the Transit of San Miguel, must submit, within the same period of time as stated in the previous paragraph, to the Courts 1 ° and 2 ° of Transit of San Salvador, of Transit of Santa Ana and 1 ° of the Transit of San Miguel, the processes in process. The processes will have to be sent to the judicial file in the same term and they must send a payroll of the same to the Traffic Court of Sonsonate and San Miguel, respectively.

Art. 12.-Amend the jurisdiction of the Courts 1 ° and 2 ° of Penitentiary Surveillance and Enforcement of the Penalty of Santa Ana as follows:

It will be of their competence the cases that come from the Courts of Peace, Courts of Instruction, Courts of First Instance and Courts of Judgment who have their residence in Santa Ana and who are assigned to them through the office that the Supreme Court of Justice, by agreement, designates for such purposes, within the framework of the Law.

Court of Criminal Surveillance and Enforcement of the Penalty of Santa Ana, it will be the responsibility of the Surveillance Penitentiary of the Criminal Center of Apantoos, and to the Court 2 ° of Penitentiary Surveillance and Execution of the Penalty of Santa Ana, will be responsible for the Penitentiary Surveillance of the West Penitentiary and the Criminal Center of Metapan.

Art. 13.-Amend the jurisdiction of the Courts 1 ° and 2 ° of Penitentiary Surveillance and Enforcement of the Penalty of San Miguel as follows: they will be competent to know of the matters that come from the Courts of Peace, Instruction, Courts of First Instance and Courts of Judgment that have their residence in San Miguel and those who are based in Eguayquín and Concepción Batres and who are assigned to them through the office that the Supreme Court of Justice, by agreement, designate for such effects, within the framework of the Law.

To the Court 1 ° of the Penitentiary and Penitentiary Surveillance Execution of the San Miguel Penalty will be the responsibility of the penitentiary of the Eastern Penitentiary, and the Court of Penitentiary and Enforcement of the San Miguel Penitentiary will be responsible for the penitentiary surveillance of the Center. Ciudad Barrios Penal.

Art. 14.-Become the Chamber of Transit in the Mixed Chamber, adding to it the functions of the Chamber of Penitentiary Surveillance and Enforcement of the Penalty with competition throughout the national territory, which will have the powers assigned to it in Article 34 of the Penitentiary Law.

Art. 15.-Amend the ninth paragraph of Article 6 of the Judicial Organic Law as follows:

" The Joint Chamber of Transit and Penitentiary Surveillance and Enforcement of the Penalty of the First Section of the Center will know about the issues criminal and civil proceedings conducted by the transit judges with a seat in the city of San Salvador, and the matters coming from the Courts of Surveillance

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Penitentiary and Penalty Penitentiary throughout the country. "

Art. 16.-Amend the art. 19 of the Judicial Organic Law as follows:

" Art. 19.-There will be two Transit Courts in the city of San Salvador, one in the city of Santa Ana and one in the city of San Miguel, to know about the accidents and to deduct the criminal and civil responsibilities referred to in the Law of Procedures Special on Traffic Accidents. "

Art. 17.-All the Courts of Penitentiary Surveillance and Enforcement of the Penalty to which its jurisdiction has been modified, will continue the processing of the outstanding causes until its completion.

Art. 18.-The Courts of Penitentiary Surveillance and Enforcement of the Penalty of Cuscatlán, San Vicente and Usulutan, will not modify their jurisdiction.

Art. 19.-The structure of the workforce of each of the Courts created, will be determined by the Supreme Court of Justice, taking into consideration previously realized technical studies of workload.

Art. 20.-The full respect of the employment rights of all the staff of the courts that will be abolished by this decree and which do not comply with the profile designed in the Manual of Classification of Charges of the Judicial Branch will be guaranteed. They shall be relocated in accordance with the institutional requirements, without prejudice to the removal of the seats in the Courts in which they are employed, and shall be engaged in ensuring the continuity of their work, as prescribed in Article 4 of the Treaty. the Civil Service Act.

Art. 21. The provisions of the Law and other laws and legal precepts contained in other ordinances, which contradict or oppose the provisions of this Decree, are repealed.

Art. 22.-This Decree shall enter into force six months after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-second day of May of the year 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, FRANCISCO ROBERTO LORENZANA DURAN, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.

CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.

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LORENA GUADALUPE PEÑA MENDOZA, 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, six days of the month of June of the year two thousand fourteen.

PUBESLOSE,

Salvador Sánchez Ceren President of the Republic.

Benito Antonio Lara Fernández Minister of Justice and Security Public

D. O. No. 105 Took Nº 403 Date: June 9, 2014.

FN/ngcl 16-07-2013

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