INDEX LEGISLATIVE DECREE No. 1009
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That the Criminal Code was approved by Legislative Decree No. 1030, dated 26 April 1997, published in the Official Gazette No. 105, Volume No. 335, of June 10 of that year, and became effective on 20 April 1998. II
that the Constitutional Chamber of the Supreme Court of Justice ruled, on 23 December 2010, in the process of accumulated unconstitutionality 5-2001 / 10-2001 / 24-2001 / 25-2001 / 34-2002 / 40-2002 / 3-2003 / 10 -2003 / 11-200 3 / 12-2003 / 14-2003 / 16-2003 / 19-2003 / 22-2003 / 7-2004, by which, inter alia, declared partially unconstitutional, and generally mandatory, regarding the determination of the amounts of penalties, Arts. 45 No. 1 and 71 of the Penal Code, and in turn declared unconstitutional, general and mandatory way the Arts. 129-A, 214-C and the last paragraph of Art. 346-B of the Code.
III.- That the Coordinating Committee Justice Sector, through its Executive Technical Unit, prepared at the request of this alternative amendments to the Criminal Code Legislature, with the respective justification.
in exercise of its constitutional powers and initiative of Deputies Antonio Gallegos Guillermo Navarrete, Roberto d'Aubuisson Munguía Jose, Jose Antonio Almendáriz Rivas, Federico Guillermo Avila Quehl, Benito Antonio Lara Fernandez, Ricardo Bladimir Gonzalez Jose Rafael Machuca Zelaya, Erik Bonilla Look, Rodolfo Antonio Parker Soto, Gilberto Valdez Jaime Hernandez, Mario Eduardo Valiente Ortiz and Maria Margarita Veiled Bridges.
DECREES the following:
AMENDMENTS TO CRIMINAL CODE Article 1. Repealed paragraph 16 of Article 30. Article 2. reformed
paragraph 1) of Article 45, as follows.. :
"1) imprisonment, which will last from six months to sixty years. In the cases provided by law enforcement of the sentence it will be in a special pavilion cell or isolated. "
Article 3. Refórmense paragraphs 1) and 2) of Article 46, as follows:.
"1) The penalty of disqualification, the duration will be equivalent to imprisonment.
2) The penalty of disqualification, the duration will be equivalent to imprisonment ".
Refórmese Article 4. Article 71, as follows:.
"PENALTY OF REAL COMPETITION
Art. 71. If real contest of crime imposed on the culprit all the penalties for offenses committed in order to carry them on in the order of their respective severity, starting with the highest penalty, but the whole of the penalties imposed, in no case exceed sixty years "
Article 5. Article 85 is hereby replaced, as follows:.
Art. 85.- corresponding Judge prison supervision may grant parole for offenses punishable by imprisonment, provided that the offender meets the following requirements:
1) have been fulfilled two thirds of the sentence imposed.
2) That deserves this benefit for having good behavior favorable report of the Regional Criminological Council, in which fitness convicted adaptation is also determined according to the treatment regimen.
3) The convicted person fails to maintain a high degree of aggressiveness or danger.
4) The convicted is unusual or repeat offender for the same intentional crime when it was committed within five years of the date of issuance of the first firm condemnation.
5) That are met civil obligations from the criminal act and determined by judgment, satisfactorily ensure compliance with the same or demonstrate their inability to pay.
The inability to pay civil obligations arising crime be established before the competent Judge prison supervision.
When they involve real contest of crimes, in addition to the requirements, proceed parole if the convicted person has served two thirds of all sentences imposed. "
Repealed Article 6. Article 92-A
Article 7. Refórmese the final paragraph of Article 129, as follows:..
"In cases of paragraphs 3, 4 and 7 it will be twenty to thirty years in prison, in other cases the penalty is thirty to fifty years in prison "
Refórmese Article 8. Article 129-a, as follows:.
". PROPOSITION AND CONSPIRACY IN THE CRIME OF AGGRAVATED MURDER
Art. 129-A.- The proposition and conspiracy in cases of aggravated homicide be punished respectively, with a penalty to be fixed between the fifth of the minimum and half the minimum of the penalties established in the preceding article. "
Article 9. Refórmese Article 149-a as well.
"PROPOSITION AND cONSPIRACY IN tHE CRIMES OF KIDNAPPING AND FREEDOM DEPRIVATION
Art. 149-A.- The instigation and conspiracy to commit any of the acts described in the two preceding articles shall be punished with a penalty to be fixed between the fifth of the minimum and half the minimum of the respective penalty. "
Article 10. Refórmese the first paragraph of Article 150, as follows:.
"ATTACKS AGAINST INDIVIDUAL FREEDOM AGGRAVATED
Art. 150. The penalty for the offenses described in the preceding articles shall be increased by one third of the maximum, without penalty may in no case exceed sixty years imprisonment, in any of the following cases: "|| | Article 11 Deróguese the final paragraph of Article 214-a..
Refórmese Article 12. Article 214-C, as follows:.
"Incitement and conspiracy
Art. 214-C.- The proposition and conspiracy to commit any of the crimes mentioned in this chapter, except for the crime of receiving, will be sanctioned with a penalty to be fixed between the fifth of the minimum and half the minimum of the penalty established for offenses referred; but in any case the penalty to be imposed may be less than six months' imprisonment. "
Article 13. This Decree shall enter into force eight days after its publication in the Official Journal.
LEGISLATIVE INDEX GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, twenty-ninth day of February, two thousand twelve.
OTHON Sigfrido Reyes Morales, president. CIRO
ZEPEDA PEÑA CRUZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, ALBERTO ROMERO ARMANDO RODRIGUEZ, THIRD VICE. FOURTH VICE.
FRANCISCO ROBERTO DURAN LORENZANA, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CAESAR HUMBERTO GARCIA AGUILERA First Secretary. Second Secretary.
ELIZARDO LOVO GONZÁLEZ, JOSÉ ROBERTO MUNGUÍA d'Aubuisson, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, FIFTH Secretariat. SIXTH Secretariat.
MARIO ALBERTO GUERRERO TENORIO, SEVENTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the sixteenth day of March, one thousand and twelve.
Carlos Mauricio Funes Cartagena President of the Republic.
DAVID VICTORIAN MUNGUÍA PAYÉS, MINISTER OF JUSTICE AND PUBLIC SAFETY.
OJ No. 58 TOMO No. 394 DATE: March 23, 2012 JCH / geg 24 APRIL 2012