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DECEMBER No. 563

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- According to Art. 159 of the Constitution of the Republic, the National Civil Police, shall be responsible for the functions of the Urban Police and Rural Police, which guarantee order, security and public tranquillity, as well as collaboration in the procedure of the investigation of the crime, all of which with strict adherence to the law and respect for human rights.

II.- According to Art. 1 of the Organic Law of the National Civil Police, the PNC will guarantee and protect the free exercise of the rights and freedoms of persons, preventing and combating all kinds of crimes, as well as maintaining internal peace, tranquillity, order and security.

III.- In accordance with the constitutional power of the President of the Republic, it is exceptionally able to have the Armed Forces to support the National Civil Police, in the maintenance of internal peace, peace and public security, in such areas as the execution of operations for the prevention, deterrence and apprehension of offenders throughout the national territory.

IV.- That in order to safeguard the physical integrity of the members of the National Civil Police and of the military elements which, in the exercise of their functions or security tasks, affect a protected legal asset and there are indications of exclusive liability cases, the Code of Criminal Procedure must be reformed, so that they may remain in safety in police or military units, as appropriate.

TANTO,

In the use of his constitutional powers and at the initiative of the President of the Republic, by means of the Minister of Justice and Public Security and of the Deputies José Antonio Almendáriz Rivas, Ernesto Antonio Angulo Milla, Roberto José d’Aubuisson Munguía, Margarita Escobar, Patricia María Salazar de Rosales, Alejandrina Castro Figueroa, Patricia Elena Valdivieso de Gallardo

DECRETA:

REFORMS TO CRIMINAL PROCESSAL CODIGO

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Art. 1.- Replace in Art. 300, Number 8) and add numeral 9 as follows:

“8) It will dictate the Provisional or Definitive Overseasement, in accordance with the parameters established in the Arts. 350 and 351 of this Code, where it is evident that the accused is exempt from criminal liability, for being sufficiently substantiated any of the cases that exclude him, except where the trial is for the exclusive application of a security measure.

9) It will solve any other incident. ”

Art. 2.-Interface among the Arts. 323 and 324, Art. 323-A, like this:

“Art. 323-A. - The officers of authority or military personnel who in the exercise of their security functions or tasks affect a protected legal asset with evidence of the concurrence of exclusive criminal responsibility cases, shall remain in the custody of the police or military units that 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 head of the police or military unit concerned. The above will also apply when the judge deems the adoption of the detention for the purpose of inquiring or the imposition of the interim detention precautionary measure.

The above provision shall apply to administrative personnel involved in operational functions of the National Civil Police. ”

Art 3.- Interchange between the second and third subparagraphs of Art. 350, two new subparagraphs, which shall be the third and fourth subparagraphs, the current final subparagraph being the fifth subparagraph of the article, as follows:

“ The justice of the peace may also establish definitive dismissal, in the case of officers of authority, or administrative personnel in operational functions of the National Civil Police, or military elements with public security functions, which have affected legal property in the performance of a legal duty. In such cases, the prosecutor shall pronounce himself in this regard in the request.

The respective Chief shall submit to the Office of the Attorney-General of the Republic or to the corresponding Judge a report containing the circumstances in a 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 shall be valued by the judge, together with the rest of the evidence that is provided on the facts, in order to have the exclusive of responsibility as accredited. ”

Art 4.- 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 November of the year two thousand thirteen.

OTHON SIGFRIDO MORALES,

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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.

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.

NOTE: Pursuant to Art. 97, paragraph 3, of the Internal Regulations of this State Body, it is noted that this Decree was returned with Comments by the President of the Republic, on 17 December 2013, by resolving this Legislative Assembly not to accept that Observation, in Plenary Session held on 18 December of this year.

Manuel Vicente Menjívar Esquivel, Second Secretary.

CASA PRESIDENCIAL: San Salvador, at the nineteenth day of December of the year two thousand thirteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

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

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D. O. No. 9 Volume No. 402 Date: January 16, 2014

JBCH/ielp 19-02-2014

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