1 Decree No. 618 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that in accordance with article 24 of the Constitution, exceptionally empowers the judicial authorities, of form written and motivated, the temporary of any intervention, and must be a special law which will determine the crimes whose research may be granted such approval.
II.-that through legislative decree number 285, eighteen of February in the year one two thousand and ten date, published in the official journal number fifty-one, volume number three hundred and eighty-six, date 15 of March of the year one two thousand and ten, was issued the special law for the intervention of telecommunications, in order to regulate the power constitutionally granted to the State for the same intervention.
III. Article 8 of the mentioned special law in the recital that precedes, expressing that the intervention of telecommunications will be authorized by any of the co-investigating judges resident in San Salvador; However, it does not regulate that in cases involving telecommunications children under eighteen years of age, are the judges of minors who have the competence to authorize it.
IV.-that article 35 of the Constitution, provides that the antisocial behaviour of minors constituting crime or failure, will be subject to a special legal regime, which is the juvenile criminal law, by which for reasons of specialty, the competent to authorize the intervention of telecommunications of minors should be the juvenile courts , and to limit the number of competent courts, it should be limited to the juvenile courts based in the municipality of San Salvador. Also, if investigations are carried out in cases where there are minor and adult, such powers shall be exercised by the co-investigating judges.
V so it is necessary to incorporate reform before mentioned, in order to achieve a better implementation of the mentioned special law.
Therefore, use of his constitutional powers and at the initiative of the deputies and deputies Ana Marina Alvarenga, Roberto José D'aubuisson Munguia, Julio César Fabian Perez, José Wilfredo Guevara Díaz, Edilberto Hernández Castillo, Rafael Antonio Jarquín Larios, Jackeline Noemi Rivera Avalos, Mario Alberto Tenorio Guerrero, Carlos Mario Zambrano Campos.
2 DECREES the following: reform to the law special to the intervention of LAS telecommunications article 1.-reforming article 8 follows: "competent judge article 8.-the intervention of telecommunications will be authorized by any of the judges of instruction with residence in San Salvador."
In the case of investigation of offences committed by minors, the powers granted by this law allowing judges of instruction shall be exercised by judges of minors of San Salvador. If research is conducted in cases where there are minor and adult, such powers shall be exercised by the judges of instruction.
However, provisions of the two preceding subparagraphs, shall be null and void of the test for incompetence because the matter.
The Supreme Court will create a shift of the judges system, so that they are available outside the days and hours."
Article 2.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-eight days of the month of January of two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDES 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.
LORRAINE GUADALUPE PENA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
3 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 seventeenth day of February in the year two thousand fourteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
José Ricardo Perdomo Aguilar, Minister of Justice and public security.
D. OR. No. 33 vol. No. 402 date: February 19, 2014 SV/adar 17-03-2014 legislative index