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DECEMBER No. 618

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- In accordance with article 24 of the Constitution, the judicial authorities, in a written and motivated manner, are exceptionally empowered to intervene on a temporary basis in any form of communications, which must be a special law which shall determine the offences in which such authorization may be granted.

II.- That by Legislative Decree No. 285, dated February 18, two thousand ten, published in the Official Journal number fifty-one, Volume number three hundred and eighty-six, dated March 15, two thousand ten, the Special Law for the Intervention of Telecommunications was issued, in order to regulate the authority granted constitutionally to the State for the intervention of them.

III.- Article 8 of the Special Law mentioned in the above-mentioned Act states that the intervention of telecommunications shall be authorized by any of the examining magistrates with residence in San Salvador; however, it does not regulate that in cases involving telecommunications to minors under the age of eighteen, juvenile judges are the judges with the competence to authorize it.

IV.- That article 35 of the Constitution provides that the anti-social conduct of juveniles who constitute a crime or a fault shall be subject to a special legal regime, which constitutes the Juvenile Criminal Law, so that for reasons of speciality, those competent to authorize the intervention of telecommunications of minors must be the Juvenile Courts, and to limit the number of competent courts, the same must be circumscribed to the municipality of San Salvador. Furthermore, if investigations are conducted in cases involving minors and older persons, such powers shall be exercised by the examining magistrates.

V.- Therefore, it is necessary to incorporate the above-mentioned reform in order to achieve a better application of the aforementioned Special Law.

TANTO,

in use of its constitutional faculties and at the initiative of the Deputies and Deputies Ana Marina Alvarenga, Roberto José D’aubuisson Munguía, Julio César Fabián Pérez, José Wilfredo Guevara Díaz, Edilberto Hernández Castillo, Rafael Antonio Jarquín Larios, Jackeline Noemí Rivera Ávalos, Mario Alberto Tenorio Guerrero, Carlos Mario Zambrano Campos.

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LEGISLATTIVE ASSEMBLY - REPUBLIC _____________________________________________________________________________________

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Describe the following:

REFORM TO THE SPECIAL LAW FOR THE INTERVENTION OF TELECOMMUNICATIONS

Art. 1.- Refer to article 8 as follows:

“ COMPETENT HEAD

Art. 8.- The intervention of telecommunications will be authorized by any of the judges of instruction with residence in San Salvador.

In cases of investigation of offences committed by minors, the powers granted by this law to the authorizing magistrates shall be exercised by the Juvenile Judges of San Salvador. If investigations are conducted in cases where minors and older persons are involved, such powers shall be exercised by the Instruction Judges.

However, the provisions of the two preceding subparagraphs will not proceed with the nullity of the evidence for incompetence on the basis of the matter.

The Supreme Court of Justice will create a system of judges ' shifts, so that they are available outside the working days and hours. ”

Art. 2.- This Decree shall enter into force eight days after its publication in the Official Gazette.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, on the twenty-eight days of January, two thousand fourteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

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SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

CASA PRESIDENCIAL: San Salvador, on the seventeenth day of February of the year two thousand fourteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

José Ricardo Perdomo Aguilar, Minister of Justice and Public Security.

D. O. No. 33 Volume No. 402 Date: February 19, 2014

SV/adar 17-03-2014

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