Reforming The Code Of Criminal Procedure.

Original Language Title: REFÓRMASE EL CÓDIGO PROCESAL PENAL.

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1 index Legislative Decree No. 1010, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the code of criminal procedure was approved by Decree legislative Nr. 733, of date October 22, 2008, published in the Official Journal No. 20, volume no. 382, of January 30, 2009, and entered into force on January 1, 2011.
II. - that the Chamber of the Supreme Court of Justice Constitutional rendered judgment, December 23, 2010, in the processes of unconstitutionality accumulated 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, urged the Legislative Assembly to create, in the criminal procedural legislation mechanisms and guarantees of access to the judicial protection of victims, especially with regard to the regulation of its direct access to the criminal process, so that you can start and continue a criminal prosecution in those cases in which the Prosecutor General of the Republic, for any reason, does not want to investigate, independently do not initiate or continue criminal proceedings.
III.-that the Commission Coordinator of the Sector of Justice, through its technical executive unit, prepared at the request of this alternative Assembly of amendments to the criminal procedure code, with the respective justification.
Therefore, use of his constitutional powers and at the initiative of the deputies Guillermo Antonio Gallegos Navarrete, Roberto José d'Aubuisson Munguia, José Antonio Almendáriz Rivas, Federico Guillermo Avila Quehl, Benito Antonio Lara Fernández, Ricardo Bladimir González, José Rafael Machuca Zelaya, Erik Mira Bonilla, Rodolfo Antonio Parker Soto, Jaime Gilberto Valdez Hernández, Mario Eduardo Valiente Ortiz and María Margarita veiled bridges.
DECREES, as follows: reforms to the code of criminal procedure article 1.-reform paragraphs 3 ° and 4 ° of article 17, and added to the same paragraphs 5 and 6, follows: "after four months of filed it the complaint, notice or complaint the Prosecutor does not have the respective requirement or not pronounce on the investigations file, when this the victim may require you to speak, response to be given within the period of five days. In case there is no response the applicant may turn to fiscal superior so that, within third party 2 index legislative day, prevent you the Prosecutor to rule under prevention to implement the disciplinary regime that establishes the organic law of the General Prosecutor of the Republic. The Prosecutor must resolve within a period of three days.
In the event that the Prosecutor does not require according to the complexity of the investigation or the need to practise other proceedings of utility, at the request of the person concerned, the top Prosecutor shall prescribe you a period that may not exceed three months to request or decision on the file.
On crimes relating to organized crime the initial term so that the Prosecutor can present requirement or decision on the investigations file will be 24 months, which may be extended by the Prosecutor General of the Republic for a similar period if the investigation is not completed, all in accordance with the procedures referred to in the preceding subparagraphs. Respective period expires, the Prosecutor must submit the requirement or pronounce on the file.
In any case, if, after any of the required deadline the competent official of the Office of the Attorney-General not to pronounce on the requirements of the victim with respect to the exercise of criminal action, there will be full-fledged conversion is."
Article 2.-Insert in article 19 a second subsection, in the following way: "such decision shall be notified to the victim, who may appeal it to upper tax, within a period of three working days following the notification in case of disagreement. The term of expiration of private action will begin to count up from the communication of the decision on the appeal interposed, if that be refused."
Article 3.-Added to article 28 a numeral, as well: "5) crimes of public action that have been converted to tenor of the Arts." 17, 19 and 29 of this code."
Article 4.-To amend article 29, in the following manner: "(Conversión Art. 29.-Las acciones públicas serán transformadas en acciones privadas a petición de la víctima en los casos siguientes: 1) when the Prosecutor decides to file the research, in the event that the suspect be individualized not exist enough elements of proof to incriminate him."
(2) in the case of a crime which requires particular instance.
(3) in any crime relating to heritage, unless the offence is executed in the form of organized crime or there is a public interest seriously committed, in response to situations such as the vulnerability of the victim or the existence of violence against this. In this case, if there is indeed a plurality of victims shall require the consent of all of them, even if one only takes the criminal prosecution.

3 index legislative El fiscal shall decide on the request of the victim within a period of five working days, not resolved in time can go to superior fiscal so declare the origin of the conversion but the requirement has arisen.
Attorney or superior, if any prosecutor, will deliver a certified copy of the resolution authorizing the conversion of public action to private, along with certification of the proceedings of research carried out to date.
The certified copy of the resolution of tax shall be attached to the presentation of the private prosecution.
After five days without the top Prosecutor to rule on the appropriateness of conversion, means authorized tacitly unless submitted request; and proceedings from research certification shall be required directly to the Prosecutor General of the Republic, who shall state the fact of authorization for lack of timely statement.
Resolved conversion, criminal action shall lapse if within three months of the victim or verified the tacit authorization there is the accusation. The above rule is applicable to cases of conversion as a result of the application of a criterion of opportunity."
Article 5.-Add a paragraph to article 106, in the following way: "(3-A) to be notified of the decision by application of a criterion of opportunity and use of the same, in the terms provided for by this code."
Article 6.-Reforming the final subparagraph of article 175, thus: "evidence that have not been incorporated with the formalities prescribed by this code, may be valued by the judge as evidence, applying the rules of healthy criticism."
Article 7.-Reform is the second paragraph of article 177, in the following manner: "in the case of advance payment of test or urgent physical events that require judicial authorization, the judge will resolve their origin within twenty-four hours of the request;" in cases of extreme urgency, the Prosecutor will expose the need to do so within one period less than 24 hours, indicating the estimated minimum term as indispensable, which will link to the judge to pronounce the corresponding resolution. The refusal of the judge to make them or allow them shall be final. The notice of the appeal and the relevant copies shall be sent without delay to the competent Chamber, which will resolve without further formality within twenty-four hours depending on the urgency. "If after two hours of scheduled urgent Act of verification of the parties fail to appear, the judge will conduct diligence without his presence when this is possible."

4 index legislative article 8.-reforming article 268, in the following way: "denunciation or complaint to the public prosecutor article 268.-the Attorney General of the Republic upon receipt of a complaint, complaint, notice or report of police, formulate request tax before the respective judge within seventy-two hours if the accused is detained, and if it is not make the necessary investigation procedures within the time limits provided for by article 270-" A of this code."
Article 9.-Insert between the Arts. 270 and 271 a 270-A article, thus: "research article 270-A times. The term of investigation of the offences may not exceed seven months, according to the provisions of this code; While for organized crime offences and complex realization of the research will be 24 months, which of the Prosecutor General of the Republic may be extended only once for an equal period founded resolution."
Article 10.-Insert between the Arts. 294 and 295 a 294-A article, in the following manner: "deadlines of article 294-A requirement.-in the case of accused present, the presentation of the requirement will be seventy-two hours." In case of accused absent individualized, at the conclusion of the investigation, the request shall be submitted within ten days.
In cases of organized crime and crimes of complex preparation, after research, the deadline for submission of the request shall be twenty days."
Article 11.-Added to article 295 a numeral, as follows:

"(6) the final proceedings in the cases referred to in article 350 of this code, following a hearing which shall be granted to the victim."
Article 12.-Reforming the second paragraph of article 350, thus: "the Justice of the peace may only impose definitive stay of proceedings in the cases of extinction of criminal action by the death of the accused, prescription, conciliation and mediation, payment of the maximum laid down for the penalty of fine, revocation of the particular instance and by meeting the deadline of evidence in cases of conditional suspension of the procedure. Also you can ordering it when it is certain that the fact there has not been or is not offence, provided that the Prosecutor asks for it as well."
Article 13.-This Decree shall enter into force six months after its publication in the official journal.

5 legislative index given in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, twenty-nine days of the month of February in two thousand twelve.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
CIRO CRUZ ZEPEDA PENA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORRAINE GUADALUPE PENA MENDOZA, CÉSAR HUMBERTO GARCIA AGUILERA FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ d'AUBUISSON, Third Secretary. FOURTH SECRETARY.
IRMA LOURDES PALACES VASQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MARIO ALBERTO TENORIO GUERRERO, SEVENTH SECRETARY.
Presidential House: San Salvador, on sixteenth day of the month of March of the twelve thousand year.
PUBLISH, CARLOS MAURICIO FUNES CARTAGENA, PRESIDENT OF THE REPUBLIC.
VICTORIAN DAVID MUNGUÍA PAYÉS, MINISTER OF JUSTICE AND PUBLIC SECURITY.
D. OR. No. 58 vol. No. 394 date: 23 March 2012 ROM/geg 23/04/12