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.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/supresion-de-juzgados-de-transito-y-creacion-de-juzgados-de-vigilancia-penitenciaria-y-de-ejecicion-de-la-pena/archivo_documento_legislativo



1. Decree No. 685 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that corresponds to the judiciary the power to judge and enforce judged in different subjects, to which ordinal article 133 3 recognizes the initiative of the Supreme Court Act in accordance with the provisions of article 172 of the Constitution, with regard to the jurisdiction and competence of the courts.
II.-that by Decree legislative No. 420, of date 1 of September of 1967, is published in the daily official No. 183, took no. 217, of date 6 of October of the same year, the law's procedures special on accidents of transit, that created the competition specialized of transit.
III.-that in the article 36 of the Decree legislative No. 1027, of date 24 of April of 1997, published in the daily official No. 85, took no. 335, of date 13 of mayo of the same year, existing starting from the 20 of April of 1998, is sets that all it relating to the creation, organization and headquarters of them judged of surveillance prison and of execution of the penalty It will be regulated in accordance with it to establish the Judicial Organization Act.
IV.-that due to the overload of work of them judged of surveillance prison and of execution of the penalty, is necessary adopt measures for increase the capacity of response of this competition, so a redistribution of them Affairs in this matter contributes to improve the quality of the service.
V.-that them data statistical of it load of work of them judged of transit show a lower volume of cases, with regard to them judged of surveillance prison and of execution of the penalty, of which is follows it need of delete some judged of transit and create new courts in matter of surveillance prison and of execution of the penalty , to with this measure will facilitate the compliance of the function constitutional of the organ Judicial.
Therefore, use of his constitutional powers and at the initiative of the Supreme Court of Justice.
DECREES: Article 1.-the courts are deleted 3° and 4° Tránsito of San Salvador, as well as the courts of transit of the freedom, of Sonsonate, and 2° of San Miguel Tránsito.
Judges and staff that, in accordance with the law of the Judicial career, are attached to it and comply with the requirements set out in the Manual of classification charges applicable for the 2 Judicial organ, will be joining the new courts, in the respective, respecting also order, their fees, salaries and other benefits.
Compared to the rest of the staff, it will be provisions in articles 19 and 20 of this Decree.
Article 2.-believe 3 ° and 4 ° Court of prison monitoring and execution of the penalty of San Salvador both resident in San Salvador.
Also, believe the courts 2nd prison monitoring and execution of the penalty of freedom, Court and prison monitoring execution of the penalty of Sonsonate and 3rd prison monitoring and execution of the penalty of San Miguel with residence in Santa Tecla, Sonsonate and San Miguel respectively.
Article 3. The 3rd court prison monitoring and execution of the penalty will have their residence in San Salvador and known prison surveillance of the pavilions of detainees who are in hospitals located in the Department of San Salvador.
Article 4.-the Court 4 ° prison monitoring and execution of the penalty will have their residence in San Salvador and only surveillance Penitentiary Centre Penal and rehabilitation San Luis Mariona, in conjunction with the Court 1 ° of prison monitoring and execution of the penalty of San Salvador, in turn.
Article 5.-them judged 3 ° and 4 ° of surveillance prison and of execution of the penalty of San Salvador, as well as them judged 1 ° and 2 ° of surveillance prison and of execution of the penalty of San Salvador, will be competent for know of all those affairs that come of them judged of peace, of instruction, of first instance or of sentence having its headquarters in San Salvador. The distribution of processes will take place through the distributor processes Office, created by agreement of the Supreme Court of Justice number 666 of the sixteenth of December of the year one thousand nine hundred and ninety-nine, and attached to the General Manager of Legal Affairs by agreement of the Supreme Court of Justice number 778 of the twentieth day of October two thousand four.
The 2nd Court of prison monitoring and execution of the penalty will continue surveillance of Ilopango women rehabilitation center.
Effect of achieving equity in charge labour courts 1 ° and 2 ° of prison monitoring and execution of the penalty of San Salvador, 1° of prison monitoring and execution of the penalty of liberty, will not receive causes new by one year from the entry into force of this Decree, which shall be allocated to the courts 3 ° and 4 ° of prison monitoring and execution of the penalty of San Salvador and 2 ° of Penitentiary surveillance and execution of the penalty of freedom, without prejudice to the Supreme Court by agreement to extend that period, requesting the Honourable Legislative Assembly for an extension of the same.
Article 6.-the 2nd court prison monitoring and execution of the penalty of liberty will take up residence in Santa Tecla and will know of the prison surveillance of the criminal Center of Chalatenango.

3. the Court prison monitoring and execution of the penalty of Santa Tecla will be renamed Court 1st prison monitoring and execution of the penalty of liberty, and to this the Penal Centre of Quezaltepeque prison surveillance shall.
Article 7.-the Court 2nd prison monitoring and execution of the penalty of liberty, as well as the 1st of that same Department Court will be competent to deal with all those matters that may arise from the courts of peace, instruction, trial or sentence having its headquarters in the Department of La Libertad and Chalatenango. The distribution of processes will take place through the distributor processes Office, created by agreement of the Supreme Court of Justice number 666 of the sixteenth of December of the year one thousand nine hundred and ninety-nine, and attached to the General Manager of Legal Affairs by agreement of the Supreme Court of Justice number 778 of the twentieth day of October two thousand four.
Article 8.-the Court prison monitoring and execution of the penalty of Sonsonate will have their residence in Sonsonate and know of the prison surveillance in the penal centres of Sonsonate and Izalco.
It is also competent to deal with all those matters that may arise from the courts of peace, instruction, trial or sentence having its headquarters in the departments of Ahuachapán and Sonsonate.
Article 9.-the Court 3 ° prison monitoring and execution of the penalty of San Miguel will have their residence in San Miguel and will know the surveillance prison of the Central Criminal from San Francisco Gotera and La Union.
It is also competent to deal with all those matters that may arise from the courts of peace, instruction, trial or sentence having its headquarters in the departments of Morazán and La Unión.
Article 10.-the courts 1 ° and 2° of Tránsito of San Salvador will assume the workload of the courts 3 ° and 4 ° Tránsito of San Salvador, in this way, the 1st court assumes the burden of court 4 ° and 2 ° court assumes the burden of the 3rd Court. The workload of the Court of transit of the freedom will be distributed among the courts, 1 ° and 2 ° of transit, corresponding causes with odd number in the 1st Court and causes with pair number to the 2nd Court.
Courts 1 ° and 2° of transit will be competent for issues that may arise from the departments of La Libertad, San Salvador, Chalatenango, San Vicente, La Paz, Cabañas and Cuscatlan, which will receive the causes through the distributor processes Office mentioned in subparagraph first of article 7 of this Decree.
Modify the jurisdiction of the transit Court of Santa Ana and 1° of San Miguel Tránsito, to make the workload and jurisdiction of the courts of transit of Sonsonate and San Miguel Tránsito 2 ° respectively, the judged 1st San Miguel Tránsito, hereinafter identified as transit Court of San Miguel.

4 Article 11.-the courts 3 ° and 4° of Tránsito San Salvador must submit a term imperative of sixty calendar days from the entry into force of this Decree, processes pending court 2 ° and 1 ° Tránsito of San Salvador, respectively. Fenecidos processes should be submitted to the court file in the same term and should send a list of them to traffic court.
In the same way the courts on freedom of transit, Sonsonate and 2nd San Miguel Tránsito, should submit, within a period equal to the statement in the preceding paragraph, to the courts 1 ° and 2 ° of Tránsito of San Salvador, transit of Santa Ana and 1° of San Miguel Tránsito, pending processes. Fenecidos processes should be submitted to the court file in the same term and must submit a roster of the same to the transit Court of Sonsonate and San Miguel, respectively.
Article 12.-modify the jurisdiction of the courts of 1 ° and 2 ° of prison monitoring and execution of the penalty of Santa Ana in the following manner:

It will be their competition cases coming from the courts of peace, instruction courts, courts of first instance and courts of sentence who have their residence in Santa Ana and that assigned to them through the office to the Supreme Court of Justice, by agreement, appoint for such purposes, within the framework of the law.
Court 1 ° prison monitoring and execution of the penalty of Santa Ana, you shall be responsible for the prison surveillance of the Apanteos criminal Center, and Court 2nd prison monitoring and execution of the penalty of Santa Ana, you shall be responsible for the prison surveillance of the Western penitentiary and the Penal Centre of Metapán.
Article 13.-modify the jurisdiction of the courts 1 ° and 2 ° of prison monitoring and execution of the penalty of San Miguel in the following manner: shall have jurisdiction to hear matters arising out of the courts of peace, instruction courts, courts of first instance and courts of sentence who have their residence in San Miguel which have headquartered in Ereguayquín and Concepción Batres and assigned to them by the Office designated by the Supreme Court of Justice, by agreement, for such purposes, within the framework of the law.
To the judged 1 ° of surveillance prison and of execution of the penalty of San Miguel you will correspond it surveillance prison of the penitentiary Eastern, and to the judged 2 ° of surveillance prison and of execution of the penalty of San Miguel you will correspond the surveillance prison of the Center criminal of city neighborhoods.
Article 14.-develop the traffic camera in mixed Chamber, adding camera functions of prison monitoring and execution of the penalty with jurisdiction throughout the national territory, which shall have the powers assigned in article 34 of the Prisons Act.
Article 15.-modify the ninth paragraph of article 6, of the Judicial Organization Act in the following manner: "mixed Chamber of transit and prison monitoring and execution of the sentence of the first section of the Center, known in criminal and civil matters handled by the judges of transit with seat in the city of San Salvador, and penitentiary surveillance courts 5 from Affairs and of execution of the penalty of all the country."
Article 16.-amended article 19 of the Judicial Organization Act as follows: "article 19.-There will be two courts of transit in the city of San Salvador, one in the city of Santa Ana and one in the city of San Miguel, to meet accidents and deduce the criminal and civil responsibilities referred to in the law of special procedures on traffic accidents."
Article 17.-all those execution of penalty and penitentiary surveillance courts has changed that its competition, the processing of the pending cases will continue until its completion.
Article 18.-the courts and execution of the penalty of Cuscatlán, San Vicente and Usulután, penitentiary surveillance shall not modify its competition.
Article 19.-the structure of the workforce for each of the created courts, shall be determined by the Supreme Court of Justice, taking into account workload technical studies carried out previously.
Article 20.-ensure full respect for the labour rights of the staff of the courts that are deleted by this Decree and which do not comply with profile designed in the Manual of classification of charges the body Judicial. They will be relocated in accordance with institutional needs, notwithstanding that, faced with the Suppression of the squares in the courts in that work, are hired to ensuring the continuity of its work, as prescribed in article 4 of the Civil Service Act.
Article 21.-the provisions of the Judicial Organization Act and other laws and legal rules in other jurisdictions, which contradict or conflict with the provisions of this Decree are repealed.
Article 22.-this Decree shall enter into force six months after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to 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, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.

6 LORENA GUADALUPE PEÑA MENDOZA, 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.
House presidential: San Salvador, to the six days of the month of June of the year two thousand fourteen.
PUBLISHED, Salvador Sánchez Cerén President.
Benito Antonio Lara Fernández Minister of Justice and security public D. or. No. 105 took no. 403 date: 9 of June of 2014.
FN / ngcl 16-07-2013 index legislative