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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 531
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
WHEREAS:
I.-That in accordance with the provisions of the second paragraph of Art. 172 of the Constitution, the organization and functioning of the Authority Judicial, they will be determined by the Law.
II. Judicial No. 339, dated September 24, 1990, published in Official Journal No. 246, Volume 309, of October 23 of that same year, the General Regulation of the Institute of Legal Medicine "Dr. Roberto Masferrer" was issued; by means of which, determined the creation, structure and organization of the aforementioned Institute, as a contributing organ of the administration of justice, regulating its functions and the evidentiary value of its consultations and opinions.
III. No 123, dated 06 June 1984, published in Official Journal No 115, Volume 283, of the 20th of the same month and year, the Judicial Organic Law was issued, which in its Title IV, Chapter VII, regulates the pertinent to the Medical Physicians and other Judicial Perituses.
IV.-That at present, it is imperative to guarantee effective protection and protection of the rights fundamental of the people; becoming necessary, having mechanisms and institutions suitable for the collection, realization and analysis of valid means of proof, to be presented in the respective judicial processes.
V.- That in the light of the above and with the purpose of strengthening the current Institute Legal Medicine, it is appropriate to issue the legal reforms relevant to the current Law Organic Law, in order to give a new structure and organization to the aforementioned Institute.
BY TANTO,
in use of its faculties Members of the Assembly: Jose Antonio Almendariz Rivas, Jaime Gilberto Valdez Hernandez, Juan Carlos Mendoza Portillo, Federico Guillermo Avila Quehl, Rodrigo Samayoa Rivas, Jose Serafin Orantes Rodriguez, Ramon Aristides Valencia Arana, Sandra Marlene Salgado Garcia, Ernesto Antonio Angulo Milla, and Carlos Walter Guzman Coto.
DECRETA the following:
JUDICIAL ORGANIC LAW REFORMS
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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Art. 1.- Replace Chapter VII, Title IV, as follows:
" CHAPTER VII OF THE INSTITUTE OF LEGAL MEDICINE
Fines
Art. 98.-The Institute of Legal Medicine "Dr. Roberto Masferrer", hereinafter "The Institute", will have as its main purpose the provision of the expert services, independently, for which it will issue the opinions that are required according to The Law.
Institute Functions
Art. 99.-The Institute shall have the following functions:
a) Provide the expert services requested by the competent authority, keeping the respective Custody Chain Rules;
b) Collect, organize, maintain and publish data and statistics on the subjects of the Institute; and,
c) Conduct scientific research, training and updating for its technical and scientific personnel, both at the national and international levels.
Address
Art. 100.-The Institute will have its registered office in the city of San Salvador, with regional headquarters for areas of the country, sub-systems and offices in any part of the national territory.
Organic Structure
Art. 101. The Institute shall be integrated as follows:
a) Board of Directors;
b) Directorate General;
c) Administrative Department;
d) Department of Forensic Clinic;
e) Department of Forensic Pathology;
f) Department of Forensic Chemistry;
g) Department of Forensic Biology;
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h) Department of Forensic Conduct Sciences;
i) Academic and Statistics Department;
j) Regional Headquarters; and,
k) Any other department to be determined in the regulation.
Regional Headquarters and the Departments will be organized into sections and will depend administratively from the Directorate General.
Board of Directors
Art. 102.-The Board of Directors of the Institute, hereinafter "The Council", shall be integrated as follows:
a) The Chief Magistrate of the Criminal Court of the Supreme Court of Justice;
b) The Administrative General Manager of the Supreme Court of Justice;
c) The General Manager of Legal Affairs of the Supreme Court of Justice;
d) The Director General of the Institute; and,
e) The Chair of the Advisory Technical Committee of the Institute.
Directing Council attributions
Art. 102-A.-They are the powers of the Council, the following:
a) Approve the policies, strategies and lines of action of the Institute;
b) Propose to the Supreme Court the appointment or removal of the directors of the Directorate General, Department Heads and Experts, as well as appoint the appropriate administrative and auxiliary staff;
c) Approve the operational annual plan, the protocols, manuals, instructions and other necessary work instruments for the compliance with the purposes of the Institute;
d) Approve the subscription of cooperation with public or private institutions, national or international, in matters of competence of the Institute;
e) Promote coordination and cooperation in the field of its powers with the Ministries of the Executive Body, Public Ministry, National Council of the Judiciary, National Civil Police and other institutions related to its competence; and,
f) Promote technological and scientific innovations to improve the expert service.
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Meetings
Art. 102-B.-The Council shall meet at least once a month. The address of the sessions shall be the President of the Criminal Chamber. The meetings will be held by the Director General of the Institute and the agenda items, will be presented by each member of the Council.
Both to establish the quorum of attendance; as well as to be able to hold a session, it will require the presence of most of its members.
Director General
Art. 102-C.-The Directorate General of the Institute shall be in charge of a Director General and, in the absence of the Director General, of a Sub-Director General, who shall meet the following requirements:
a) Being a Salvadoran by birth;
b) Thirty-five years of age;
c) Poseer Degree degree or post-University degree, in the following areas: Legal Sciences, Medicine, Chemistry and Biology or related;
d) With at least ten years of experience in research crime or forensic sciences; and,
e) Notorious morality.
Director's attributions General
Art. 102-D.-The Director General shall have the following powers:
a) To exercise the representation of The Institute, before any authority or institution, public or private, national or international, within the scope of its competence and functions;
b) Develop the operational annual plan, protocols, manuals, instructions and other work instruments necessary for the fulfilment of the purposes of the Institute and subject them to the approval of the Council;
c) Require, when the case warrants it, to other public institutions, the services for the fulfillment of its
d) Propose to The Council, the approval of the Institute's cooperation agreements, with national or international, public or private entities;
e) Implement and supervise the implementation of the International standards in force, in forensic matters, and updating of manuals and protocols;
f) Convening public opposition competitions for the recruitment of experts and making them
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proposals to The Council for the respective selection, based on the rules and procedures laid down in regulation;
g) Select prior competition to the administrative and auxiliary staff for their appointment in accordance with the Law; and,
(h) The others which the Council and the regulation point out to you.
Institute Services
Art. 102-E.-They may require or request the services of the Institute:
a) The Judges and Courts of the Republic;
b) The Attorney General of the Republic and its Auxiliary Agents;
c) The Attorney General of the Republic, in the framework of the of their competencies;
d) Officers and Agents of the National Civil Police, upon request pursuant to the Law; and,
e) Those expressly authorized by Law.
Escalafon
Art. 102-F.-An escalation will be established for the body of experts through a system of promotions and promotions based on the geographical area, efficiency, performance, academic preparation, published research, work effort, ethics in the work and seniority.
The labor and disciplinary regime of the servers of the Institute, will be subject to special working regulations, by virtue of the work they perform.
Training
Art. 102-G.-The Academic Department will be responsible for promoting, organizing and developing training events for the staff of the Institute and the operators of the justice sector, in respect of the specialized areas at the undergraduate level, Postgraduate and continuing training. Likewise, the Academic Department will have a Statistics Section.
The Institute will have a journal for the dissemination of research results, scientific advances, development of forensic practices and other information that is considered to be of interest, the edition of which will be the Academic Department.
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Advisory Technical Committee
Art. 102-H.-Management of the quality of the expert processes of the Institute will be carried out by the Advisory Technical Committee, which will be composed of one member of each designated section in accordance with the provisions of the regulation; maintenance of technical standards in line with international requirements, and will formulate proposals that are necessary for the best provision of the expert service.
For the purposes of the foregoing paragraph, the Technical Committee The Advisory Committee will take into account the comments made by the Legal Committee
Advisory Technical Committee will also be responsible for the coordination and inter-institutional cooperation with the Coordinating Committee of the Justice Sector in accordance with the Law.
A President will be appointed, who will be the representative to the Council, the Coordinating Committee and the Legal Committee.
Budget Reserve
Art. 102-I.-The Supreme Court of Justice, of the Budget of the Judicial Body, must have the necessary resources for the operation of the Institute.
Regulation
Art. 102-J.-For the purpose of the development of this Chapter, the Institute shall have its own Rules of Procedure, which shall be issued by the Supreme Court of Justice within a period of one hundred and twenty days from the date of this Decree. "
Art. 2.- Defeat Chapter VIII of Title IV.
Art. 3.- This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, two days of the month of December of the year two thousand ten.
CRUZ ZEPEDA PENA, PRESIDENT.
OTHON SIGFRIDO REYES MORALES, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRÍGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
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FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORENA GUADALUPE PEÑA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA, FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ D' AUBUISSON MUNGUÍA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA LOURDES PALACIOS VÁSQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MARIO ALBERTO TENORIO GUERRERO,
SEVENTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at twenty-one day of the month of December of the year two thousand ten.
PUBESQUIESE,
Carlos Mauricio Funes Cartagena, President of the Republic.
José Manuel Melgar Henriquez, D. O. Nº 240 Minister of Justice and Public Security. Volume No 389 Date: 22 December 2010.
ROM/adar. 19-1-2011
