1 Decree No. 534 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the Constitution recognizes as fundamental rights of the person, security, labour, private property in social function, that must be protected in the preservation and defence of the same; that not can be deprived of the right to ownership and possession, or any other of their rights without being previously heard and expired at trial in accordance with the legislation; Recognizing her right to freely dispose of their property and to pass the property in the way in which to determine them. prohibiting the confiscation, either as punishment or in any other concept.
II. it is necessary to strengthen and complement the measures provided for in the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances, ratified by Decree legislative No. 655, dated September 14, 1993, published in Official Journal No. 198, vol. No. 321, October 25 of the same year; the United Nations Convention against transnational organized crime, ratified by Decree legislative No. 164, of 16 October 2003, published in Official Journal No. 211, volume no. 361, on 12 November of that same year and the United Nations Convention against corruption, ratified by Legislative Decree No. 325 dated 20 May 2004 from published in the Official Journal No. 119, volume no. 363 of 28 June of that same year.
III.-that the crime in all its forms seriously affects fundamental rights and constitutes a threat to defense and security, development and the peaceful coexistence of Salvadoran society, becoming urgent the need to strengthen the combat of any illicit activity, through a legal mechanism allowing the State to prevent and combat such activities more effectively proceeding on origin or illegal destination, goods including goods of equivalent value.
IV.-that the only one that exists in El Salvador for the construction of the heritage and wealth is the honest working and with strict adherence to the laws of the Republic; as a result, the rights set out in the first recital will be not recognized by the State, nor shall enjoy constitutional or legal protection in the case of economic interest, origin or destination illicit goods.
V that it is vital to establish a legal, autonomous and independent from any other process, tool to have an equity sharing affect crime in all its forms, through the extinction of dominion over property unlawfully obtained or intended for illegal activities, having the possibility to declare ownership over such property in favor of the State, without 2 prior criminal conviction , nor any consideration.
VI.-that to ensure a transparent and efficient role in the management and administration of assets subject to measure precautionary or extinguished by final judgment, the creation of an autonomous specialized agency is necessary, as well as provisions on the reception, identification, inventory, management, maintenance, preservation, custody and destination thereof.
Therefore, in use of his constitutional powers and at the initiative of the deputies Guillermo Antonio Gallegos Navarrete, Ernesto Antonio Angulo Milla, Yohalmo Edmundo Cabrera Chacón, Carmen Elena Calderón de Escalón, Abel heads barrier, Norma Cristina Cornejo Amaya, Wilfredo Iraheta Sanabria, Rodolfo Antonio Parker Soto, Carlos Armando Reyes Ramos, Jackeline Noemi Rivera Avalos, Abilio Orestes Rodríguez Menjivar, Alberto Armando Rosemary Rodriguez and Jaime Gilberto Valdez Hernández; as well as, members of the legislature (2003-2006) Renato Pérez; (2006-2009) Federico Guillermo Avila Quehl, Fernando Alberto Jose Avila Quetglas, Jose Ernesto Castellano Campos, Carlos Rolando Herrarte, Jorge Ernesto Morán Monterrosa and the President of the Republic, by the Minister of Justice and public safety, and with the support of members: Othon Sigfrido Reyes Morales, José Francisco Merino López, Francisco Roberto Lorenzana Duran, Irma Lourdes palaces Vasquez, Felix Agreda Chachagua , Ana Vilma Albanez de Escobar, José Antonio Almendáriz Rivas, Dina Yamileth Argueta Avelar, Lucía de el Carmen Ayala de León, Blanca Estela Reyes Barahona, Eduardo Enrique Barrientos Zepeda, Susy Lisseth Bonilla Flores, José Vidal Delgado Carrillo, Ana Vilma Castro de Cabrera, Silvia Alejandrina Castro Figueroa, Ana Marina Castro Orellana, Dario Alejandro girls Argueta, Ricardo Humberto Contreras Henríquez, José Álvaro Cornejo Mena , Adam Cortez, Carlos Cortez Hernandez, Blanca preserve Noemi Estrada, rose Alma Cruz sailor, Nidia Diaz, Antonio Echeverria Veliz, René Gustavo Escalante Zelaya, Jose Edgar Escolán Batarse, Emma Julia Fabian Hernandez, Julio César Fabian Perez, Carmen Elena Figueroa Rodriguez, Santiago Flores Alfaro, Juan Manuel de Jesus Flores Cornejo, César Humberto Garcia Aguilera, Melvin David Gonzalez Bonilla, big Jesus, Iris Marisol war Henriquez , Norma Fidelia Ramirios Guevara, Carlos Walter Guzman Coto, Edilberto Hernandez Castillo, Estela Yanet Hernandez Rodriguez, Rafael Antonio Jarquin Larios, Audelia Guadalupe López de Kleutgens, martyr Arnoldo Marin Villanueva, Alba Elizabeth Marquez, Mario Marroquin Mejía, Guillermo Francisco Mata Bennett, Douglas Leonardo Mejia Aviles, Rafael Morán Tobar, Juan Carlos Mendoza Portillo, Manuel Vicente Menjivar Esquivel, Jose Gabriel Murillo Duarte, Sigifredo Ochoa Perez , Guillermo Antonio Olivo Mendez, Mr. Orestes Fredesmán Ortez Andrade, Silvia Estela Ostorga de Escobar, Jose Simon Paz, Mariela Pena Pinto, Mario Antonio Ponce Lopez, Mercedes Portillo Manuel Dominguez, Nelson de Jesus Quintanilla Gomez, Claudia Luz Ramírez García, Lorenzo Rivas Echeverria, Santos Adelmo Rivas Rivas, Patricia Maria Salazar de Rosales, Marcos Francisco Salazar Umaña, Karina Ivette Sosa Lara, Manuel Rigoberto Soto loop , Mario Alberto Guerrero Tenorio, Enrique Alberto Luis Valdes Soto, Mario Eduardo Valiente Ortiz, Eugenio Donato Vaquerano Rivas, Edwin Victor Alejandro Zamora, and Ciro Alexis Zepeda Menjivar.
DECREES the following: special law of extinction of domain and LA administration of the goods of origin or destination illicit 3 chapter I provisions General object of the law Art. 1.-the object of this law is to regulate the procedure governing the action of extinction of domain in favor of the State, about those goods that fall within budgets that give rise to the same.
Also, regulates with regard to the administration of the goods and their destination.
Scope of the law article 2.-this law will apply to the illicit assets of economic, source or destination interest located inside or outside the national territory, when your origin, destination, or increase is located within the budgets referred to in it, provided that the extinction of domain action is initiated in El Salvador.
When starts the action of extinction of domain in more than one country, it will be to the respective treaty or International Convention.
Nature of the law article 3.-the provisions of this law are of ordre public and social interest.
Definitions article 4.-for the purposes of this law, shall mean as: to) abandoned goods: are all those, who not being able to establish the identity of its owner, and having sufficient and information likely to observe direct or indirect relationship with an illegal activity, and that after the time specified in this Act, no person has appeared to exercise their rights on them;
As also those who, after the process, not have been claimed;
(b) property of economic interest: are all those with a pecuniary value capable of administration that are generators of economic benefits or usefulness to the State;
(c) cautelados goods: are all those which are subject to measures precautionary dictated by authority or a specialized tribunal;
(d) goods for equivalent value: are those of lawful origin and similar value, whose extinction of domain is declared instead of goods from origin or illegal destination that have been transferred, destroyed, hidden, missing, elevations or that 4 any reason impossible location, identification, seizure, arrest or apprehension material for purposes of sentencing if they belong to the same holder;
(e) La: are the assets used or intended as a means to carry out illicit activities;
f) 'Product': property derived or obtained directly or indirectly from illicit activities; and, g) third in good faith exempt from guilt: is any natural or legal person declared by the specialized court at any stage of the process, exempt from blame in any act or legal business relating to the goods covered by this law.
Scope of the law
Article 5.-this law will apply on any of the goods that are described in the budgets that lead to the extinction of domain and come from or are intended for activities related or related to organized crime, maras or gangs, groups, associations and organizations of a criminal nature, acts of terrorism, arms trafficking, the laundering of money and assets trafficking and human trafficking, crimes related to drugs, cyber crime, of corruption, offences relating to public finance and all those illegal activities that generate economic or other benefit of the material order, so individual, collective, or through criminal groups organized or structured. It shall also apply to all those goods which constitute an unjustified wealth increase when there are elements that allow reasonably consider that they come from illegal activities.
Budgets of provenance of the action of extinction of domain article 6.-are budgets of the origin of the extinction of domain, the following action: to) when in the case of goods that are direct or indirect product, tool or material object of illicit activities in the national territory or abroad;
(b) in the case of goods arising directly or indirectly from the transformation or partial or total, or legal conversion of product, tool or material object of illicit activities;
(c) in the case of goods which constitute a heritage not justified increase of any natural or legal person by there is no elements that allow reasonably consider that they come from lawful activities;
(d) in the case of assets of lawful origin that have been used or are intended to hide, conceal, incorporating assets of illicit origin or that have been mixed with assets of illicit origin;
(e) when it is declared abandoned or unclaimed goods and have 5 sufficient information that they are direct or indirect relationship with an illegal activity;
(f) when assets of lawful origin whose value is equivalent to the goods that are considered within the budgets of previous literals and has not been possible is its location, seizure or any other measure implementing precautionary measures;
(g) when in the case of lawful origin property belonging to the person against whom the action of extinction of domain, whose value is equivalent to any of the goods described in above literals is exercised and has credited over the right of a third party in good faith exempt from blame, in accordance with the present law;
(h) when the goods or resources concerned come from the disposition or exchange of others that are caused directly or indirectly by illegal activities or product, effect, instrument or object of the offence; e, i) when goods and resources investigated have been affected within criminal proceedings and that the origin of such goods, their use or illegal destination not been object of research; or it was not a final decision by any cause has taken on them.
Domain suppression action will proceed with independence in that the budgets set out in this act occurred prior to its entry into force.
These budgets will be applied to the action of extinction of domain, except to third parties of good faith exempt from guilt.
Transmission by cause of death article 7.-the real them referred to in the previous article, not they legitimize by cause of death. As a result, the extinction of domain comes about these.
Chapter II action of extinction of domain concept article 8.-the action of extinction of domain is a patrimonial consequence of illegal activities, consisting of the statement of ownership in favor of the State by a ruling of the judicial authority on the goods referred to in this law, without consideration, or any compensation to the owner or any person who holds or behave as such.
Nature of the action article 9.-the action of extinction of domain is jurisdictional in nature, real character and heritage content insofar as it is directed against goods of illicit destination or origin.
6 autonomy of the action article 10.-the extinction of domain shall by an autonomous and independent of any other trial process or process.
The resolutions adopted in criminal proceedings shall not affect the exercise of the action, except the so-called judicata under the terms of this law.
Presumption of good faith exempt from guilt article 11.-for the purposes of this Act, it is presumed good faith exempt from blame in the acquisition and destination of the goods.
At any stage of the process, the specialized tribunal, may recognize the rights of third parties of good faith exempt from blame, in any act or legal business related to the goods subject to the action of extinction of domain.
Legal act carried out on the goods provided for in this Act legitimate article 12.-no legal acts, the rights of third parties in good faith exempt from guilt.
In all cases, means that the illicit acquisition of assets does not constitute fair title.
Chapter III guarantees procedural guarantees article 13.-in the application of this law, they shall ensure and protect the rights recognized in the Constitution, treaties and conventions and other laws that are inherent to their nature.
Actions which limit fundamental rights will be adopted, court order. In the event of emergency or other need to properly grounded, the Prosecutor General of the Republic directly or through their auxiliaries, may order such action and shall inform the specialized court within twenty-four hours for its ratification, who must resolve within 24 hours.
Right of the affected article 14.-during the procedure, will be recognized to the plaintiff the following rights: to) have access to the process directly and through assistance and representation by a lawyer from the presentation of the request for termination of domain, or from the materialization of measures precautionary;
7 (b)) know facts and fundamentals underpinning the process in clear and understandable terms;
(c) submit and request evidence and widely intervene to safeguard their rights;
(d) controvertir the claims that you are asserting against the property; (and e) waive the probationary debate and opt for an early judgment of extinction of domain.
Appearance to the article 15 process-who on the occasion of the action of extinction of domain, notified in accordance with this law, to exercise their rights, shall appear by counsel or in person if it is, the specialized court which is knowing the action, under the penalty of declaring their defiance.
Same rule applies to minors or legally declared incapacitated.
Judged article 16.-the affected thing may be credited that he is has issued a favorable final judgement or enforceable which has the effect of res judicata by identity of subject, object and cause.
Chapter IV jurisdiction courts specialized in extinction of domain article 17.-the courts specialized in extinction of domain are independent in relation to the exercise of the judicial function and are subject only to the Constitution, international law and other laws.
Creation of the specialized courts in extinction of domain article 18. The legislature will create the corresponding courts in this matter on the proposal of the Supreme Court of Justice, pursuant to articles 131 31 ordinal º and 3 º ordinal 133 of the Constitution of the Republic.
Exercise of the action article 19.-within the framework of its constitutional powers, corresponds to the General Attorney of the Republic handle, with the collaboration of the National Civil Police and in the way in which this law, determine the research to establish and substantiate the concurrence of one or more of budgets in extinction of domain indicated in this law as well as promote the action of extinction of domain to the specialized courts.
For the fulfilment of the functions assigned by this Act, the Attorney General of the Republic 8 organize and settle in extinction of domain specialized prosecutor unit.
Faculty of the specialized prosecutor in the phase of research article 20.-in addition to the powers set out in the criminal procedural legislation, the Prosecutor specialized in the development of this stage, you can: to) use any evidentiary means and all the techniques of investigation that it deems necessary, provided to ensure respect for fundamental rights;
b) adopt or order directly the implementation of measures and dispose of all actions it deems necessary on goods under investigation, when it is urgent and there are clear grounds, as stated in this law; or request a specialized judge your application, strict compliance with the formalities and time limits provided for in the Constitution and other laws;
(c) to apply for extinction of domain, materialized as precautionary, or sort the file of the investigation in accordance with the provisions of this law; and,
(d) request information and require the intervention of the National Civil Police and the collaboration of the officials and public employees.
Powers of the police National Civil art. 21.-Correspondera to the National Civil Police, under the functional direction of the Prosecutor General of the Republic, through its auxiliary officers, collaborate in the conduct of research in order to establish and substantiate the concurrence of budgets in the action of extinction of domain indicated in this law.
Exceptionally, the National Civil Police may ex officio, carry out the first investigations, and must communicate and provide to the Special Prosecutor, within within eight hours, the information gathered and proceedings conducted for the continuation of the research under the direction of the same.
For the above, the director general of the police institution will create domain extinction equity research Division.
Excuses and challenges article 22.-the incidents on excuses and challenges of Secretaries, judges and prosecutors, will be examined in accordance with the General provisions laid down in the common law.
Chapter V acts procedural application of measures precautionary Art. 23.-on the collateral subject to the action of extinction of domain may issue 9 precautionary measures contained in the code of procedure in Civil and commercial, under the rules and conditions laid down therein, subject to the modifications set out in this law.
The precautionary measures will be executed regardless of who is the owner of the well. Bail shall not be required the Prosecutor to request or provide measures precautionary.
IF MEASURES HAVE BEEN ENACTED PRECAUTIONARY IN THE INVESTIGATION PHASE, THE SPECIAL PROSECUTOR SHALL SUBMIT THE APPLICATION OF ONSET OF ACTION OF EXTINCTION OF DOMAIN OR ENACT THE FILE AS APPLICABLE, WITHIN A PERIOD UP TO 90 DAYS, EXTENDABLE BY THE JUDGE FOR A PERIOD OF TIME EQUAL, UNDER PENALTY OF LIFTING THE MEASURE, TO AVOID AFFECTING THE RIGHTS OF THIRD PARTIES OF GOOD FAITH EXEMPT FROM GUILT. THE FOREGOING WITHOUT PREJUDICE TO DISCIPLINARY MEASURES AND ACTIONS TO ANY CRIMINAL. (1) acts of notification article 24.-the acts of judicial communication to those affected and third parties in the processes of extinction of domain, are subject to provisions of the Civil and commercial procedure code.
Chapter VI procedure of the action of extinction of domain exercise of the action of extinction of domain article 25.-Correspondera to the Special Prosecutor's office, by complaint or notice, conduct research, when if any of the budget provided for in this Act.
As soon as a Prosecutor in charge of a criminal process is aware of the existence of goods subject to the application of the provisions of this law, it shall inform the Prosecutor specialized unit responsible to exercise the action of extinction of domain.
Article 26.-the stages procedure consists of two stages, an initial or stage of research which will be conducted by the Special Prosecutor, in accordance with the powers assigned under this Act and a procedural stage which will start from the extinction of domain action promoting the specialized court.
Initial stage or research article 27-at this stage, the Special Prosecutor will start and will lead the research, with the aim of: to) identify, trace and locate goods above which could be stock, found in a budget of extinction of domain;
(b) locate possible affected in its rights on the goods which are under 10 a budget of extinction of domain, or to third parties of good faith exempt from guilt;
(c) collect information or material elements that show the occurrence of any of the budgets of extinction of domain provided for in this Act;
(d) certify the link or nexus of relationship between any of the budgets to extinguish the domain, the illegal activity that corresponds and the extinction of domain assets;
(e) to undermine the presumption of good faith exempt from guilt; and, f) enact LAS measures precautionary relevant on LOS goods subject to the action of extinction domain and subject them to ratification of the judge specialized inside of five working days. (1) the performance will be reserved until the submission of the request for termination of domain or the realisation of measures precautionary.
Completion of initial or research article 28-the initial research phase will conclude with the presentation of the request for origin of the action of extinction of domain or resolution of the investigation file.
The Special Prosecutor may order actions file when after the evidence cannot be substantiate none budgets invoked this law.
The resolution ordering the archive must be ratified by the top Prosecutor.
The file has no value of res judicata. The Prosecutor may reopen the case when new evidence or evidence that distort the reasons why the file was ordered to appear.
Archive decisions are subject to audits and relevant controls and, for this purpose, the responsible unit should consider, within its annual work plan, audit a sample of archived cases.
Requirements of the request of extinction of domain article 29.-the Special Prosecutor will formulate in writing, before the specialized judge, the request for extinction of domain, which will contain the following: a) the full narration of the facts on which you based your request, in full, chronological order and that it illustrates the judge specialized on what happened;
(b) the description and identification of the goods object of the action of extinction of domain request;
(c) the budget on which based its application;
11 d) name, the identification data and the address of residence or business of the people who may have interest in the matter or, if not, it should be noted the reason that precluded their location;
(e) indicate and provide the leading tests;
(f) the precautionary measures if this any place; and, g) the request for proceedings or urgent acts of verification requiring judicial authorization under the common law.
If you miss any of these requirements, the specialized tribunal will order that they complete, by fixing a period of three days to do so. If the data are not completed, the application will be declared inadmissible. If you declared the application inadmissible, the Special Prosecutor may bring appeal.
Phase procedural article 30.-it phase procedural will start with the presentation from the fiscal specialized, of the application of extinction of domain before the respective judge specialized.
Decision on the request of extinction of domain Art. 31-received the notice of request for extinction of domain, the specialized court, will resolve within a period not exceeding five days; If he admits to processing or prevents the Prosecutor specialized for that in three days remedy the formal defects, indicating the reasons supporting its decision.
At the same resolution of admission of the request, the specialized tribunal shall decide on the measures precautionary requested and its execution, the reserve of the performances and will order the notification of your admission, then of implemented precautionary measures.
Transfer of the request article 32.-notified once the admission of the request for termination of domain, the specialized judge will be transfer to those affected, so these are spoken in within twenty days by providing performances.
After this time period, the specialized judge set day and time for the completion of the preparatory hearing, which shall be made within ten days.
Hearing high school article 33.-the designated day and time, the specialized tribunal held the preparatory hearing, which shall decide on any incidental question alleged, as well as the admission or rejection of evidence.
At the preparatory hearing shall a: 12 a) raise incidents, exceptions and annulments;
b) verify the legitimacy and the interests of the parties involved in the trial; and, c) resolving on the admission or rejection of evidence offered.
After the hearing, shall be the reading of the minutes and be designated day and time for the sentencing hearing, which will take place within fifteen working days and shall be notified to the parties.
Judgment hearing article 34.-in the development of the audience and following the intervention of the preparatory hearing order, parties will present their initial allegations, will produce the evidence in the prescribed manner and will expose the arguments of fact and law that support your request.
The sentencing hearing will not have a duration exceeding thirty days, except for duly motivated cases of complexity, in which case may be extended only once for the same term.
Complied with the above, the specialized tribunal will Decree the closing of the hearing and shall set date and time for the reading of the sentence, in a term of not more than fifteen days.
Chapter VII evidence means of proof article 35.-will be admissible all-out test that are useful and relevant to the ascertainment of the truth.
Tests carried out lawfully and validly in a judicial or administrative action inside or outside the country, will move and will be appreciated in accordance with the rules of healthy criticism and with observance of the principles of advertising and contradiction.
Load the test article 36.-matches each of the parties try the fundamentals underpinning the procedural position.
Evaluation of the test article 37.-the test will be appreciated in conjunction and in accordance with the rules of sound criticism.
Exclusion of the illicit test article 38.-the specialized tribunal excluded obtained proof with violation of 13 fundamental rights, without prejudice to apply the cases of exception to the rule of evidentiary exclusion provided in the code of criminal procedure.
Chapter VIII sentence content of the sentence article 39.-the judgment declaring the extinction of domain shall be based on relevant, useful, legal and timely built-in tests.
The specialized Court declare the extinction of domain of the good, in accordance with the alleged and proven, according to the rules of healthy criticism.
The statement will contain: a) identification of goods and persons;
(b) summary of the request for extinction of domain and the opposition;
(c) expression of the grounds of fact and law;
(d) assessment of the test;
(e) reasoned statement on the origin or the extinction of domain claim inadmissible;
f) Recognizing the rights of third parties of good faith exempt from guilt; and, g) declare the origin of the extinction of domain equivalent property.
Against this single sentence comes to appeal with suspensive effect.
Procedural costs and administration article 40.-the expenses that will be generated with the process of extinction of domain action, will be paid charged to the financial returns of the goods that were available for his administration.
Expenses that will be generated by the asset management, will be paid from resources of the extinct goods.
Article 41.-If the judge sentence considers from the request for extinction of domain in favor of the State, declare in its judgment the extinction of domain of all real, main or accessory rights on the origin or destination of illegal goods, refrain from ordering the cessation of any measure 14 prudential, while the ruling will not be firm and ordered that administration of them, skip to perform it or the State keep it.
If the judgment has not resulted in the extinction of domain claim, will order the return of the goods or its equivalent, when they have been transferred beforehand, respect of which the plaintiff has tested the legitimate origin and rights that they exert, operating in such a case the suspensive effect referred to in the preceding paragraph until the judgment is signed.
The statement firmly to declare the extinction of domain, in addition to assert as legitimate and Executive, title shall have the effect the respective assets transferred in favor of the State, so that appropriate according to the legal provisions. The corresponding public records are required to your registration for the purposes of effectiveness against third parties.
Early article 42.-the ruling affected may pave to the action of extinction of domain. The specialized court will evaluate the application and issue judgment.
Declaration of extinction of domain by abandonment article 43.-special rule in the case of property abandoned, subject to budgets outlined in the causal e) of article 6, the Prosecutor in the case will be the specialized court order such property, regardless of its economic value, properly identified, as well as the description of all the circumstances of the discovery or discovery thereof.
The specialized tribunal will order that edicts, effect of grant within thirty working days that one who is considered the owner of the abandoned property, present to claim them and contradict evidence published and evidence collected in the investigation, showing lawful origin and their ownership, and in this case, will be returned to that person; otherwise, it will require against such person in accordance with the provisions of this law.
If, after the deadline before hint does not arise any person requesting ownership of abandoned property, the specialized tribunal declared invalid sentence domain extinction because of abandonment and their ownership in favor of the State.
Chapter IX resources resources article 44.-against decisions pronounced at first instance, only proceed against resources and appeal, which shall be conducted in accordance with the General provisions, requirements and procedures provided for in the common law, which is relevant.
As regards the terms and deadlines for the conduct of resources, shall apply the provisions of this law.
15 actionable judgments in appeal article 45.-the appeal may be brought against the following resolutions: to) that supports or rejects a measure precautionary measures;
(b) which declares inadmissible the extinction of domain requirement;
(c) that decides an exception and annulment at the preparatory hearing; and, (d) the judgment declaring the origin or unfairness of the extinction of domain.
Cases of origin of the appeal article 46.-the appeal will proceed by failure, improper interpretation or erroneous application of this law, provided that these reasons relate to the law applied to the facts or the assessment of the evidence.
Chapter X ANNULMENTS causes of invalidity article 47.-are causes of nullity as follows: to) lack of competition;
(b) violation of due process; and, c) failure or defect in the notice or the summons.
The Declaration of invalidity will not affect the measures precautionary adopted, except that the invalidity affect the Foundation of these.
En_el_caso_de literal to), invalidity of the whole process occurs in the case of the so-called material incompetence; (and in the cases provided for in the literal b) and (c)), will void the Act or diligence in which the infringement has occurred and those who are related with these; in such cases, you replace the Act whenever possible, renewing it, rectifying the mistake, or complying with the omitted Act.
In all matters not provided for in this chapter, you will be provisions of the supplementary rules provided for in this Act.
The nullity art. 48.-Las chance nullities may invoke at the preparatory hearing and at the sentencing hearing.
16 chapter XI collaboration collaboration and access to the information article 49.-for purposes of this Act, the Attorney General may require the collaboration of public servants and of any authority of the State, who shall be obliged to provide it.
Also, may require you to them organisms e institutions of the State and of any authority, it information or documentation that consider necessary to sustain a process of extinction of domain, who will have the obligation of issue, when is from, it information that is les requires without takes any, by written or any half electronic, in the term maximum of three days working and can be considered direct access to their respective databases.
Duty Server public information article 50.-all authority, officer, employee or agent of authority who by reason of his position or functions, are aware of the existence of goods that may be subject to the action of extinction of domain, is obliged to immediately inform the Office of the Attorney-General.
Breach of this obligation, by public servants, shall constitute a disciplinary lack, which may give rise to administrative sanctions that apply, in accordance with the law in force, without prejudice to the corresponding criminal responsibility.
Collaboration of the Particular article 51.-the individuals or legal entities in the exercise of their trade, professional activities or analog in nature, they will be required to report post of inexcusable, immediate form and sufficient specialized prosecutor unit of extinction of domain, any relevant information about the existence of assets whose value or property are unrelated to economic activity reported by people with those made business or contracts for goods or services , or alejaren usual or conventional patterns of transactions of the same kind; and that is why they may reasonably conclude the concurrence of one or more of the budgets of extinction of domain governed by the present law.
Collaboration intra-institutional article 52.-for purposes of this law, the offices and tax units will collaborate with the specialized unit of extinction of domain.
The application of this law, book article 53.-for all persons refer to those two previous articles and authorities who are aware of the matter, by any means will be required to keep reserve.
17 Chapter XII assistance and international cooperation faculty share extinct goods
Article 54.-the State may share and request goods or resources that are affected by the action of extinction of domain by national specialized court or foreign authority, according to the principles governing international cooperation or bilateral or multilateral agreements entered into by El Salvador, and in the absence of these, under the principle of reciprocity.
Application of international conventions article 55.-the conventions and international treaties of cooperation and mutual judicial or legal assistance, as well as any other agreement governing such collaboration in terms of location, identification, retrieval and extinction of the domain of property, signed, approved and ratified by the State, are fully applicable to the cases provided for in this Act, through the procedures established in the agreements of Mutual Legal assistance.
Notwithstanding the provisions in the preceding paragraph, the Prosecutor General of the Republic may require or obtain directly information from the authorities of the State, territory, or jurisdiction where they are located or suspects are susceptible to the action of extinction of domain assets, or may move to the place abroad or delegated to his assistant prosecutors to conduct the corresponding investigations.
Information or documents obtained may be incorporated into the process of extinction of domain according to the procedure laid down in the applicable legal system.
If a State as a recipient of a request for cooperation opt subsume the measures requested to the existence of a relevant treaty, El Salvador will invoke the international instrument which becomes applicable.
Assistance and cooperation international article 56.-to end to provide mutual judicial assistance refers to which the preceding article with regard to investigations and procedures, whose object is the extinction of domain property of illicit destination or origin that are in the national territory, by the specialized tribunal, pursuant to an order of confiscation , or extinction of domain rendered by a Court of another State and in accordance with the established legal procedures, may by resolution founded order any measure precautionary or assurance referred to in this law, when it considers that there are sufficient reasons to take such measures.
Origin of the request for assistance and cooperation article 57.-it will give response to requests for assistance to the extinction of domain, in accordance with the applicable legal provisions.
Before lifting all measures taken in conformity with the provisions of this law, El Salvador 18 as requested State shall, wherever possible, give the requesting State the opportunity to present its reasons in favour of retaining in force measurement.
Requirements of the request for assistance and cooperation article 58.-the application in accordance with the preceding article, shall contain as a minimum: a) a certification in the legal form of the order of imposition of the measure is precautionary, or of the final decision of extinction of domain issued by the requesting State;
(b) a description of the affected property, its location, and, where applicable, the estimated value of the same;
(c) an explicit statement of the facts on which is based the request and the information that proceed to execute the order; and, (d) indicate the measures taken by the requesting State party to give notification to appropriate third parties in good faith exempt from guilt or possible affected to ensure due process.
Processing of the request for assistance and cooperation article 59.-received the request for assistance and cooperation of a State with jurisdiction to declare the extinction of domain, this will be processed in accordance with the rules of internal law.
Chapter XIII creation and nature of the management body, assets of the Council article 60.-create the National Board of Directors of goods, which hereinafter is referred to as "CONAB", as an entity of public law, of indefinite, with legal personality and own patrimony, with autonomy in the exercise of their functions, both in the technical, administrative and budgetary implementation.
It will be attached to the Ministry of Justice and public security for budgetary purposes.
It will be responsible for the management, conservation and destination of goods regulated by this law, as well as procedures established for this purpose.
CONAB, for the fulfilment of its functions, will feature a Directorate, as the administrative body responsible for executing the decisions of the Board of Directors, and with the technical and administrative units needed for its operation.
19 integration Council Executive article 61.-the Board shall consist of six owners representatives and their respective alternates appointed by the following officials: a) Minister of Justice and public safety, who will exercise the Presidency;
(b) the President of the Supreme Court of Justice;
(c) Prosecutor General of the Republic;
(d) the Minister of national defence;
e) Minister of finance; and, f) Director of the National Civil Police.
The officer taking possession of his office shall appoint their representatives.
The Board of Directors shall carry out their functions with independence, transparency, ethics and efficiency, and will be responsible for the decisions taken, once a month and extraordinarily whenever necessary in place for this purpose designated to be held in ordinary way.
The President director will have the legal representation of the CONAB, the powers that grant you regulations and which expressly gives the Board of Directors.
The alternates will replace owners in the event of death, resignation, permit, reasonable impossibility, because justified excuse or where there is conflict of interest or other valid reason.
Functions of the Council Steering Art. 62.-are responsibilities of the Council the following: to) establish policies and guidelines that guarantee the fulfilment of its purposes;
b) approve the destination of own goods and those subject to its administration; as well as contracts of leasing, administration, trusts, alienation, auction or donation of the same;
(c) appoint depositaries, administrators, auditors, fiduciaries and third parties specialized;
(d) appoint the executive director, the internal auditor and other officers necessary for the functioning of the CONAB;
(e) approve the annual plan of work, budget and financial statements;
(20 f) the financial report of the management and distribution of existing resources in the Special Fund, in accordance to the distribution established in the present law;
(g) approve the necessary organizational, functional and wage structure;
(h) meet in appeal of the appeals against the decisions of the executive director;
(i) establish cooperation agreements with national and international; administrative and judicial authorities
j) adopt its rules of procedure and other regulatory and technical necessary instruments for the application of this law;
(k) other functions and obligations of this law and other regulations confer him;
(l) implement the disciplinary regime officials in accordance with the laws and respective regulations; and, m) issue guidelines to those who must adjust the depositaries, administrators, managers, auditors and Trustees of the managed assets.
Requirements for the members of the Council management article 63.-to be a member of the Board of Directors is required to be Salvadoran by birth, more than thirty-five years of age, be of acknowledged repute and probity, be in full exercise of their civil rights and possess college degree and notorious competence in matters related to its functions.
They must also submit the settlement issued by the Court of accounts of the Republic, as well as the sworn statement of the status of its heritage, in accordance with article 3 of the law on the illicit enrichment of public employees and officials.
Causes of disability art. 64.-are causes of inability to be elected a member of the Board of Directors as follows: to) who are legally incapable;
(b) spouses, cohabitants and relatives up to the fourth degree of consanguinity or second of affinity of the President or Vice-President of the Republic and the members of the Council of Ministers, of the President of the Supreme Court, the Attorney General of the Republic or the President of the Court of accounts of the Republic, by the director of the National Civil Police;
(c) the spouse, cohabitant or relative up to the fourth degree of consanguinity or second 21 of affinity of the members of the Council;
(d) those who are in State of bankruptcy, suspension of payment or bankruptcy or who have been qualified legally responsible for a bankruptcy negligent or fraudulent;
(e) the insolvent by food fee enacted by the competent authority;
(f) the insolvent of its obligations tax;
(g) those convicted of crimes of any kind involving lack of probity; and, h) those convicted for intentional crimes.
Prohibitions Article 65.-the members of the Board of Directors shall keep strictly confidential treated matters and documents, which due to its membership of the Council, it shall be delivered.
They must not use or exploit such information for personal purposes, in favour of third parties, or to the detriment of the functions or decisions against the CONAB, in which case shall incur liability for damages and damages caused, without prejudice to the legal or administrative actions that correspond.
Also they may not acquire personally or by any person any property under the assumptions of the present law.
Grounds for removal article 66.-the members of the Board of Directors may only be separated from his post by decision taken by the authority which appointed them and with expression of cause.
Are grounds of removal as follows: to) incurring some of the prohibitions laid down in the present law;
(b) engaging in serious and manifest breaches in the exercise of their functions or not to act in a diligent manner;
(c) have been convicted of serious intentional crimes;
(d) have lost or been suspended of their rights as citizens; (and e) observe immoral conduct that might compromise the seriousness or impartiality of the office to serve or exert undue influences prevaliendo of it.
When occurs any of the grounds mentioned in this article or occurrence either 22 disabilities laid down in law, proceed to the removal of the charge.
Powers of the President of the Council article 67.-the President of the CONAB shall exercise legal representation, may grant powers and shall be entitled to celebrate all kinds of acts and contracts, and can delegate such attribution to specific cases and with prior approval of the Board of Directors.
It will take relations with public, private bodies, non-governmental organizations, international organizations, among others, and must ensure the smooth running of the CONAB in accordance with the provisions of this Act and their respective regulations.
You shall in addition: to) convene meeting to the Board of Directors;
(b) inform the Council of matters of interest and to propose arrangements it deems appropriate; and, c) exercise other functions and powers assigned to the present law, the respective rules and other applicable legal provisions.
Address Executive article 68.-the Executive direction of the CONAB, is the administrative body subordinated to the Board of Directors, which will be headed by an executive director appointed by the latter.
The executive director will participate in the meetings of the Council, with voice but without vote.
Functions of the Director Executive article 69.-are powers and duties of the executive director: to) meet and ensure that laws, regulations, resolutions and agreements of the Board of Directors; are met
(b) managing all administrative units and ensure their proper functioning.
(c) develop and propose to the CONAB, a memory of work project;
(d) prepare and submit monthly to the CONAB a report on the actions undertaken;
(e) draw up the blueprints of ordinary and extraordinary budget for the relevant fiscal period and respective amendments and, once approved, monitor their proper implementation;
(f) prepare and submit to the CONAB for approval, proposals for Administration and 23 management of assets;
(g) submit to the CONAB managed assets financial statements;
(h) supervising depositaries, administrators, auditors, fiduciaries and specialized third parties and to give inform the CONAB;
(i) organise, coordinate and implement public auction sales approved by the Board of Directors, and must sign the respective documents of transfer who exercised the legal representation of the CONAB;
(j) organize, coordinate and carry out the processes related to the receipt of the goods;
(k) develop proposals for management, administration and destination of the goods;
(l) the disciplinary regime apply to employees in accordance with the laws and respective regulations;
(m) maintain up-to-date inventory of managed assets;
n) establish controls for the efficient and effective management of stores and managed assets deposits; (and, or) exercise other functions and powers assigned to the CONAB, this Act, the regulations and other applicable legal provisions.
Requirements for the position of Director Executive article 70.-are requirements for the position of executive director of the CONAB: to) be a professional in the field of administration, finance, or lawyer;
(b) Salvadoran by birth;
(c) greater thirty-five years of age;
(d) of acknowledged repute and probity;
(e) be in the full exercise of their civil rights;
f) own notorious competition and more than five years of proven professional experience;
(g) not have been convicted previously of any fraudulent offense;
(h) not have pending trials of accounts for performances at previous institutions; e, 24 i) don't have any kinship to the fourth degree of consanguinity or second of affinity with the President of the Republic, the members of the Council of Ministers, the members of the Board of Directors, or any other officer or employee of the CONAB.
Prohibitions Article 71.-is prohibited to executive director: to) exercise professions outside the office or consulting, except teaching;
b) perform other charges paid or pro bono;
(c) to exercise leadership positions in political parties;
(d) acquire by itself or through third parties, goods of the regulated in this law;
(e) request the opening accounts debit cards, unless it is authorized by the Board of Directors expressly;
f) perform encrypted account opening; and, g) operations of transfers of funds from account to account through Internet banking without authorization of the Board of Directors expressly.
The violation of any of these prohibitions will result in the dismissal of the executive director.
Patrimonial regime article 72.-the heritage of the CONAB will be constituted by: to) an initial contribution from the General budget of the State concept of Foundation capital, sufficient for the establishment and initial operation;
(b) transfers of resources that annually shall be entered in the General budget of the State;
(c) from transfers from the Special Fund established by this law;
(d) extraordinary contributions that for any reason, grant you the State;
(e) inheritances, legacies and donations national and foreign aimed at the attainment of the objectives of the CONAB;
(f) movable and immovable property and securities acquired in any capacity at the beginning of their functions or during their operation; and 25 g) otherwise established in the laws of the Republic.
Regime tributary of the CONAB article 73.-the CONAB will be exempt of all type of tribute, rates and any form of contribution or assessment, with exception of the payment of the tax to the transfer of goods furniture and to the provision of services.
Also, request exemption from the payment of municipal tax obligations, in accordance with the provisions of the Municipal tax law.
Chapter XIV management and destination of the goods administration article 74.-the asset management will have purpose allocated to cost-effective activities according to their normal and ordinary use, ensuring its maintenance and conservation.
For your destination, goods may surrender in management, concession, sale, lease, leasing, creation of trust, investment funds, purchase of goods of capital, acquisition of shares in recognized societies, whose rating represents security for your investment, and in general, give any legal act on them under any form of contract recognized by national legislation.
Duty of collaboration Art.75.-all public institutions are required to provide to the CONAB collaboration required for the fulfilment of its functions.
Management and destination of the goods article 76.-the property of economic interest on which measures have been enacted precautionary and not subject to records, it will be immediately to the administration of the CONAB.
In the case of goods subject to registration, should be also ordered the preventive annotation in the respective register.
When goods have been subject of extinction of domain, they will have changed material and registralmente in favor of the State, if this last one is coming.
Both the transfer and the registration in favor of the State will not generate a registration fee or payment of tax.
26 practice of proceedings article 77.-when the Office of the Attorney-General or specialized tribunal required to practice of any diligence involving goods that are under the administration of the CONAB, this will work and will provide all the facilities for the realization of such proceedings.
Appointment of custodians, administrators, Trustees, auditors art. 78.-El CONAB can directly manage the property or appoint depositaries, administrators, Trustees, auditors, who shall have the powers and duties that are granted them to perform acts inherent in the assigned function.
Procurement article 79.-El CONAB may hold leases, commodatum, administration, trusts, auditors and any other that is necessary for the fulfilment of its purposes; You can also approve substitute or special recruitment procedure for the management and conservation of the goods.
Article 80.-El CONAB will order the valued of assets under management, which will be carried out by experts of the public institutions of the State, who shall grant them permission so that they carry out expertise, in order to comply with the present law.
Without limiting the foregoing, the CONAB may make contracting of expert valuation specialists, according to the nature of the good.
Sale, destruction or donation of products and substances subject to special oversight and Control.
Article 81.-in the case of products or substances subject to special oversight and control on which measures have been enacted precautionary, prior technical opinion, the Prosecutor may request the specialized court the disposal or destruction of them, through the CONAB. The product of this alienation shall be deposited into the Special Fund set up by this law.
If the alienation is not peaceably, the CONAB shall, as appropriate to the interests of the State, to destroy them.
In the event that appropriate destruction, the CONAB shall be done in compliance with procedures and mechanisms laid down by the competent authorities for this purpose, at the expense of the affected when possible.
Alienation and yields article 82.-to request of the Prosecutor, the specialized tribunal will order early, disposal 27 of assets subject to measure precautionary run risk of perishing, Miss, depreciate, or that his administration and maintenance involves injury or excessive cost to the State, the same shall be the case of livestock or other animals.
The product of the alienation and yields of assets subject to measures precautionary shall be deposited by CONAB, in accordance with the provisions laid down in this law, until declared at final resolution, the origin or not of the extinction of domain.
Charges article 83.-as regards goods subject of precautionary measures that they are encumbered assets, CONAB, through the Office of the Attorney-General, may request the specialized tribunal proceed to early alienation. The product of the alienation shall be deposited into the Special Fund created under this law until it decides his fate, after deduction of the expenses where incurred the CONAB for its disposal.
The CONAB may cancel amount owed in respect of movable or real estate taxes in good faith exempt from guilt, affecting goods precautionary measures or extinction of the domain, when: a) declared the extinction of the domain and recognized rights in rem, can proceed to the sale of the goods and pay the credit. The CONAB may also deliver good in dation in payment, when deemed appropriate;
(b) may consider appropriate to their interests, can appear as a third party concerned at any stage, in running processes regulated in the code of Civil and commercial procedure, and pay the amount owed to the creditors of good faith exempt from guilt; and, c) authorized the disposal early goods subject to measures of injunctive relief, when they at risk of perishing, deteriorate, depreciate, or whose conservation irrogue damages or disproportionate to their value or administration expenses, prior recognition of rights in rem. The same shall in the case of livestock or other animals.
Suspension temporary payment of existing obligations Article 84.-the payment of taxes, duties and other existing obligations over property subject of precautionary measures under the CONAB administration, shall be suspended during the period the process, or until the specialized tribunal handed down final extinction of domain resolution.
During this period will be also suspended the term to begin or continue the processes of recovery of outstanding liabilities, as well as the generation of additional default interest to the existing at the time of be taken precautionary measure.
Received the office of the specialized tribunal ordering the delivery of the goods to the CONAB, it shall be the formality of the suspension referred to in three days before the corresponding authorities, to take effect for this.
28. in cases of early disposal of property, charged to the product of the alienation, the value of the obligations outstanding at the time of the suspension will be canceled.
In case that by court ruling the CONAB order the return of the property to the plaintiff, this single will be required to comply with the payment of the existing obligations at the time of the adoption of measures precautionary, as well as those generated from returning.
The Declaration of termination of domain in favor of the State, not terminate obligations economic and tax payment pending, being responsibility of the former owner or rightholder of the extinct well, cancel them.
Temporary use of property under measure precautionary measures article 85.-El CONAB, prior good valued object measures precautionary, he may authorize the provisional use of the goods which by their nature, characteristics or value required to be used to prevent damage exclusively to the institutions that participate or cooperate in the investigation and the process of extinction of domain. The procedure for temporary use of a good delivery, shall be carried out in accordance with the requirements and provisions for that purpose in the rules of this law.
Prior to the delivery of the goods, the institution or body which will make temporary use of them, it shall submit the corresponding insurance policy against damage, fire or other casualty, in order to ensure compensation for loss, damage or destruction.
For compliance with this provision, beneficiary institutions may provide within its institutional budget for each fiscal year a specific category to cover its cost, as well as to cover the costs incurred by the maintenance given to the goods in use.
In the case of vehicles with plate or foreign registration, unregistered or not nationalized, just the CONAB request so that the competent authorities grant permits and documentation relevant for the temporary movement in the national territory.
Destruction of goods in State of deterioration article 86.-when a declared in abandonment or claimed not good present a clear State of deterioration that makes impossible or excessively burdensome administration, maintenance, repair, improvement or use, the Special Prosecutor, expert opinion, it shall request authorization to the specialized court which ordered their destruction. The CONAB will proceed to the fulfillment of the order.
Donation of goods of consumption Art. 87.-El CONAB, prior technical and expert analysis, you can donate to public institutions or private charitable organizations formed for the purpose of social assistance, easy and rapid deterioration of perishable goods, or which cannot be sold for its low pecuniary value under his administration.
The CONAB shall refer to the specialized tribunal, certification of the record of donation and the technical or expert opinion practiced to the donated property.
29. destruction of goods perishable article 88.-in those cases where inapplicable the provisions of the preceding articles, CONAB, founded resolution, will proceed to the destruction of perishable consumer goods, lifting an act of destruction, communicating to the tribunal specialized it acted.
Donation of goods article 89.-in the case of vehicles, equipment, ships, aircraft, weapons, ammunition, explosives, similar articles and other movable property that serves for the fulfilment of its mission and strengthen the institutions responsible for the fight and the prevention of illicit activities in article 1 of this law, shall be subject in conformity donation mechanisms legal established as a priority to the armed forces , Special units of the National Civil Police, the Office of the Attorney-General and to the judiciary; also, to public and non governmental organizations legally established dedicated to the prevention, treatment and rehabilitation of persons you affected drugs, prior compliance with the established requirements.
In the case of real property under the administration of the CONAB, the donation shall be in accordance with the established legal procedures.
Special registration art. 90.-in the case of assets subject to registration have altered signs and marks that prevent or preclude proper registration, the competent authority responsible for control and registration, be granted a special identification to your proper identification and registration in favor of the State through the CONAB.
These goods may only be used or donated by the State through the CONAB and may not be alienated or auctioned. The same prohibition will have those beneficiaries of the donation.
Resolution of the specialized court ordered the registration of goods with license plates, plates or identification numbers foreign, will replace the goods declaration and all documents in customs, to proceed with their proper enrolment or registration in favor of the State through the CONAB through control and competent registration authority.
Similarly, these assets subject to registration shall be exempt from the payment of all taxes, duties, and tariffs are subjects such records.
Abandoned article 91.-ranked property judicially the return of property affected by measures precautionary, and having not been claimed within the period of one month, they will be awarded by the Court to the State through the CONAB, except in cases in which order are sold in a public auction, whose product will enter into the Special Fund created under this Act.
30. public auctions article 92.-without prejudice to sales of property under his administration, the CONAB must be carried out, when it warrants it, public auctions at least once a year, in order to update the inventories of goods under his administration.
Chapter XV fund special of money object of measures precautionary or of extinction fund special money objects of precautionary measures or of extinction article 93.-create a special fund, which hereinafter is referred to as "the Fund", which will be administered by the CONAB, and conform with the money upon those who have relapsed measures precautionary or have been extinguished, values of illicit origin as well as the monetary proceeds from the liquidation of assets or securities.
The Fund created will be handled through a special budget, in accordance with the provisions laid down in the regulation of this law.
Destination of the moneys and yields of the alienation of the goods extinguished Art. 94.-Los moneys and income generated by the sale of the extinct goods, will be assigned in accordance with the following distribution: 1. A fifteen percent (15%) to CONAB, intended for maintenance and asset management;
2. a thirty-five percent (35%) to the Ministry of Justice and public security, which will be used for the implementation of programmes of prevention and investigation and to strengthen the operational and investigative capacity of the National Civil Police;
3. a thirty-five percent (35%) to the Attorney General of the Republic, funding should be earmarked for specialized areas responsible for the investigation of crimes of drug-trafficking, laundry of money, the Fiscal Unit of extinction of domain and entrusted with the investigation of the offences of organised crime tax units;
4. a ten percent (10%) will go to the Ministry of national defense; and 5. A five per cent (5%) to the Attorney General of the Republic.
The transfer of the funds to the beneficiary entities referred to in the preceding paragraphs, shall be annually and shall be subject to the presentation of a report of the financial performance and the destination of the funds provided in the previous year.
Executive director must submit semiannually to the Board of directors or when required it a report of the returns generated by the Fund and their use.
31. all the activities of the Fund will be subject to supervision by the Court of accounts of the Republic and subject to an internal audit.
Opening of accounts article 95.-El CONAB will open deposit accounts to view certificates in the term, in national or foreign currency of legal tender, in any of the banking or financial, public or private institutions, supervised by the Superintendence of the financial system, so that money which has gone injunction or has been extinguished, the cash or securities securities subject to measures precautionary as well as those resulting from the disposal of livestock, animal, perishable goods and the anticipated sale of goods, being deposited, transferred or managed.
Also, the CONAB may enter into contracts to acquire services of safe deposit boxes on the banks of the financial system, as well as for the transportation of valuables.
Deposit of money art. 96.-Decretada the measure precautionary measures on money and practiced the relevant surveys, the specialized tribunal ordered in its resolution deposit immediately within one period no longer than twenty-four hours, in the account opened by CONAB for this purpose, with the exception of samples which are necessary for the implementation of surveys.
Practiced expertise and any other relevant money diligence, specialized or where the Prosecutor, court will order its delivery to the CONAB for your deposit accounts which are opened.
The specialized tribunal must send the CONAB constancy of the effected deposit, indicating the case number and the name of the affected.
In cases in which it has alerted money and compliance with some of the assumptions of administrative file indicated in the code of criminal procedure, the Prosecutor shall deposit or be sent in within twenty-four hours to the CONAB money for their respective deposit to the account opened for that purpose.
Administration of the financial products or stock market article 97.-the fruits or income generated as a result of financial or stock market operations for cautelados goods administered by CONAB, shall be subject to its administration during the time duration of the measure, which shall be notified to the Court for the relevant effects.
In the case of the fruits generated by trading, the CONAB shall request the specialized tribunal, appoint a depositary entity thereof must be notified to whom, as to the stock exchange, the securities taxed or whose trading has been restricted.
The stock must reject all trading operations that the proposed or concluded, in case of any contractual transfer, estate or court, the depositary will register it until all liens or embargoes presented cancelled or released, prevailing the entry submitted by the CONAB based on the respective judicial resolution.
32 in the case of the resources from the goods that have been cautelados or abandoned, will dispose of them according to the provisions of this law.
Financial institutions such as the sliding stock exchanges, must inform the CONAB monthly on balances and movements that present the accounts managed by this.
Chapter XVI final dispositions, TRANSIENT, repeal and effective secret or reserve banking, tax or other article 98.-No effect in process of extinction of domain Bank, currency, stock market, fiscal and tax reserve, nor will prevent access to information contained in databases, in accordance with the applicable legislation.
The information will be used exclusively for purposes of proof and may be ordered by the Prosecutor General of the Republic, directly or through its auxiliary agents, or by the judge or Court of the cause.
Allocation budget article 99.-authorized the Ministry of finance to transfer to the CONAB an initial contribution in concept of founding capital which will form part of the heritage of that body and it will serve for the establishment and initial operation.
Special scheme and applicability article 100.-the provisions contained in this Act shall be interpreted in harmony with the legal system, provided that this is compatible with their nature, and will prevail over those contained in any other law.
Standards extra article 101.-in matters not provided for in this law, the rules and procedures contained in the code of procedure in Civil and commercial, subject to the exceptions laid down in this law shall apply.
Computation of time article 102.-the deadlines referred to in this law, when they refer to days, shall be understood as working. Subject to the exceptions laid down in this law.
Deadlines for implementation article 103.-the term the CONAB begin their duties will be of one hundred eighty calendar days extended from the entry into force of the law.
It will be understood within the period referred to in the preceding paragraph the training, selection and 33 appointment of judges and magistrates of the courts and the prosecutors of the specialized unit of extinction of domain.
The action of extinction of domain will be exercised until they come into operation the courts and specialized cameras.
Regulations Article 104.-the President of the Republic will Decree the respective regulations for the application of this law in one period not more than ninety days from the entry into force of the same.
The CONAB shall draw up its rules of procedure, within sixty days of the start of their functions.
Repealing Article 105.-are repealed the provisions and legal precepts contained in other jurisdictions who are opposed to this law.
Validity article 106.-the present law will enter in force thirty days after their publication in the daily official.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the seven days of the month of November of two thousand thirteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ALBERTO ARMANDO ROMERO RODRÍGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
DURAN JOSE FRANCISCO MERINO LÓPEZ, FRANCISCO ROBERTO LORENZANA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
ROBERTO JOSE D'AUBUISSON, fifth Vice President.
LORRAINE GUADALUPE PENA MENDOZA, CARMEN ELENA CALDERÓN SOL STEP, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH SECRETARIAT.
34 FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, the twenty-sixth day of November in 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. o. No. 223 volume no. 401 date: November 28, 2013 JQ/ielp 09-01-2014 reform: (1) D. L. No. 355, April 28, 2016, D. O. No. 87, T. 411, may 12, 2016.
RELATED PROVISION: CREATION OF COURTS SPECIALIZING IN EXTINCTION OF DOMAIN, CORRESPONDING TO FIRST AND SECOND INSTANCE. D. L. No. 714, on June 13, 2014, D. O. No. 109, T. 403, on June 13, 2014.
14/07/2014 JCH GM 3/06/2016 LEGISLATIVE INDEX