1 Decree No. 553 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that through Decree legislative Nº 1030, dated 26 April 1997, published in Official Journal No. 105, volume N ° 335, 10 June of the same year, was issued the criminal code.
II.-that the article 338 of the criminal code, does not establish unequivocally the punishable conduct of the use of telecommunication devices in correctional facilities, you must be take into account that information and communication technologies are likely to be used as an instrument for the Commission of crimes, in particular those who are detained in the prison system.
III. who, owing to the above in the recital that precedes, it is necessary to reform the Penal Code, inserting an article 338-C among article B-338 and 339, to include explicitly the crime of "Abuse of equipment, components and electronic accessories and telecommunications", in prisons, detention centres or Reeducativos.
IV.-that the same must be reformed the concerned Criminal Code establishing as an official crime or prison employee, alter or modify safety regulations corresponding to the detention regime affecting their functionality.
Therefore, use of his constitutional powers and at the initiative of the President of the Republic, by the Minister of Justice and public security and the deputies Mario Marroquin Mejia, Eugenio Donato Vaquerano Rivas, Roberto José d'Aubuisson, Carlos Armando Reyes Ramos, Manuel Vicente Menjívar, Carmen Elena Figueroa Rodríguez, César Humberto Garcia Aguilera, Heidy Carolina Mira Saravia, Rodrigo Samayoa Rivas; Likewise, of the members Cesar Rene Florentin Reyes Dheming, Erik Mira Bonilla and Rafael Eduardo Paz Velis of the period legislative 2009-2012.
DECREES, as follows: reforms to the code PENAL Art. 1.-added to article 338-B as the last paragraph, the following paragraph: "the officer or prison employee who by action or omission alterare or modify the safety standards which correspond to the detention regime, affecting its functionality, shall be sentenced to imprisonment from four to eight years and special disqualification from office or employment for equal time."
2 article 2.-insert between the Art. 338-B and article 339, 338-C article, thus: "use of devices devices, electronic accessories and components and telecommunications, in prisons, detention centres or re-educational."
Article 338-C.-that being temporarily detained or is serving prison sentence, inside a penitentiary or a centre or place of detention, shelter or re-education, use any electronic device for storage or processing of information, or telecommunication devices, components, or accessories for them, such as SIM cards or chips, cards, phone or prepaid or similar balance , or any other device or configuration that allows to transmit or receive signals of voice, image, sound or data, even if communication has not been established, it shall be punished by imprisonment from three to eight years; without prejudice to the disciplinary measures that may be applicable.
Shall not apply criminal sanction any, when the use of the objects referred to in the preceding paragraph is made pursuant to the penitentiary legislation."
Article 3.-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, at twenty-one days of the month of November in the year two thousand thirteen.
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.
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.
3. presidential House: San Salvador, eleven days after the month of December of the year two thousand thirteen.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
José Ricardo Perdomo Aguilar, Minister of Justice and public security.
D. OR. No. 235 volume no. 401 date: 13 December 2013 JQ/geg 28-01-2014 legislative index