DECREE No. 563 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That pursuant to Article 159 of the Constitution of the Republic, police national Civil, will be responsible for the functions Police Urban and Rural Police, to ensure order, security and public tranquility, as well as collaboration in the process of investigating the crime, all of which in strict accordance with the law and respect for human rights.
II according to Art. 1 of the Organic Law of the National Civil Police, PNC guarantee and protect the free exercise of the rights and freedoms of individuals, preventing and combating all kinds of crimes and to maintain internal peace, tranquility, order and security.
III.- That pursuant to the constitutional authority vested in the President of the Republic exceptionally can have the Armed Forces to support the Civil National Police in maintaining internal peace, tranquility and public safety in areas such as trade execution for the prevention, deterrence and apprehension of criminals throughout the national territory. That
IV to safeguard the physical integrity of the members of the National Civil Police and military elements in the exercise of their functions or security tasks, affect legally protected and there are indications of exclusive grounds of liability , must reform the Criminal Procedure Code, so that they can stay in shelter in police or military units, as applicable.
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Justice and Public Security and deputies Jose Antonio Almendáriz Rivas, Antonio Ernesto Angulo Milla, José Roberto d ' Aubuisson Munguía, Margarita Escobar, Patricia Maria Salazar de Rosales, Alejandrina Castro Figueroa, Patricia Elena Valdivieso Gallardo, Eduardo Enrique Barrientos Zepeda, Rene Gustavo Escalante Zelaya, Manuel Vicente Menjivar Esquivel, Manuel Mercedes Portillo Dominguez, Manuel Orlando Cabrera Candray, Jorge Alberto Escobar Bernal, Vaquerano Eugenio Donato Rivas, Carlos Armando Reyes Ramos; also of Deputies Federico Guillermo Avila and Miguel Elias Ahues Quehl Karra Legislative Period 2009-2012.
DECREES the following:
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE
Art. 1. To substitute in Article 300, paragraph 8) and hereby added paragraph 9), as follows:.
"8) will issue provisional dismissal or permanent, in accordance with the parameters established in Arts. 350 and 351 of this Code, once it is clear that the accused is exempted from criminal liability, being sufficiently proven any of the causes that exclude this, except where corresponding judgment to the exclusive application of a security measure.
9) resolve any incident. "
Art. 2. Intercálese between the Arts. 323 and 324, Article 323-A as well.
"Art. 323-A.-agents or military authority in the exercise of their functions or security tasks, affect a protected legal right to exist indications of the concurrence of exclusive grounds of criminal responsibility, they remain on guard in police or military units the effect they have been designated by the director General of the National Civil Police and the chief of Joint Staff of the Armed Forces, under the direct responsibility of the chief of police or military unit concerned. This shall also apply if the judge considers appropriate the adoption of detention for the duration of the investigation or the imposition of the precautionary measure of pre-trial detention.
The foregoing provision shall apply to administrative personnel involved in operational functions of the National Civil Police. "
Art 3. Intercálanse between the second and third paragraphs Art. 350, two new paragraphs, which will subsections third and fourth, from the current final paragraph to be the fifth paragraph of the article, as follows:
"the justice of the peace may also declare dismissal, in the case of agents of authority or administrative staff on duty operative of the National Civil Police, military personnel or public safety functions which have affected legal interests in the performance of a legal duty. In these cases, the prosecutor shall take a decision on the request.
The respective head shall render and submit to the Attorney General's Office or the judge appropriate, a report containing the circumstances of manner, time and place of the facts. The Director General of the National Civil Police or the Minister of National Defence or the person designated by them, shall be responsible for the veracity of the report, which will be assessed by the judge, along with the other evidence which contribute about facts, in order to be accredited by the exclusion of responsibility. "
Article 4. 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, on the twenty eighth day of November in the year two thousand and thirteen.
OTHON Sigfrido Reyes Morales,
PRESIDENT. ENRIQUE VALDES LUIS ALBERTO SOTO, GUILLERMO ANTONIO NAVARRETE GALLEGOS,
FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, MENJIVAR VICENTE MANUEL ESQUIVEL, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, ERNESTO ANTONIO ANGULO MILE, QUINTA Secretariat. SIXTH SECRETARY. JOSE FRANCISCO
ZABLAH SAFIE, ORANTES SERAFIN JOSE RODRIGUEZ, seventh Secretary. EIGHTH SECRETARY.
NOTE: In compliance with the provisions of Article 97 paragraph 3 of the Rules of Procedure of this organ of the State, notes that this Decree was returned with remarks by the President of the Republic, on 17 December. 2013, resolving this Legislature not accept this observation, in Plenary Session held on December 18 this year.
Manuel Vicente Menjivar Esquivel, Second Secretary.
PRESIDENTIAL HOUSE: San Salvador, on the nineteenth day of December in the year two thousand and thirteen.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Ricardo Perdomo Jose Aguilar, Minister of Justice and Public Security.
Tomo OJ No. 9 No. 402 Date: 16 January 2014 JBCH
IELP 02/19/2014 LEGISLATIVE INDEX