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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 190
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I. That the Constitution establishes as obligations of the State to protect, preserve and defend the right to life, to physical and moral integrity, to freedom, to security to work, to property and possession of persons.
II. That at present, the most serious crimes committed both nationally and internationally, are the characteristics of organized crime or are complex. As a result, it is necessary to regulate a specialized procedure that, with greater speed and effectiveness, sanctions such acts, as well as establishing judges and courts that deal exclusively with these types of crimes, which must be provided to them. guarantees and security to minimize the possibility of some kind of pressure exerted by organized crime structures.
BY TANTO,
in use of its constitutional powers and at the initiative of the Deputies Ruben Orellana Mendoza, Rolando Alvarenga Argueta, José Rafael Machuca Zelaya, José Antonio Almendariz Rivas, Norman Noel Quijano González, Enrique Alberto Luis Valdés Soto and with the support of Deputies Douglas Alejandro Alas, Federico Guillermo Avila Quehl, Fernando Avila, Ingrid Bendix, Noel Abilio Bonilla, Carmen Elena Calderón de Escalón, José Ernesto Castellanos, Roberto Jose d' Aubuisson, Vilma de Cabrera, Guillermo Antonio Gallegos Navarrete, Julio Antonio Gamero Quintanilla, Cesar Humberto Garcia, Jesus Grande, Manuel Gutierrez, Carlos Walter Guzman Coto, Wilfredo Iraheta Sanabria, Mario Marroquín, Manuel Vicente Menjivar, Mariella Peña Pinto, Renato Perez, Juan Enrique Perla, Julio Cesar Portillo, Antonio Prudencio, Jose Mauricio Quinteros, Carlos Retana Martinez, Carlos Armando Reyes, Alberto Rivas, Abilio Orestes Rodriguez Menjivar, Alberto Armando Romero Rodriguez, Mario Alberto Tenorio, Donato Eugenio Vaquerano Rodriguez.
DECRETA the following:
LAW AGAINST ORGANIZED CRIME AND COMPLEX REALIZATION CRIMES
CHAPTER I GENERAL PROVISIONS
Art 1.-This law is intended to regulate and establish the jurisdiction of the specialised courts and procedures for the prosecution of offences committed under the form of organized crime or complex execution.
It is considered organized crime that form of crime that is characterized by a structured group of two or more persons, that exists during a certain period of time. time and act in concert for the purpose of committing one or more crimes.
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For the purposes of this Law, they constitute complex crimes of execution continuation, when one or more of the following conditions is met: that it has been carried out by two or more persons, that the action falls on two or more victims, or that their perpetration causes alarm or social shock. DECLARED UNCONSTITUTIONAL, THE TERMS: ALARM AND SOCIAL COMMOTION.
Such offenses are:
a) Simple or Aggravated Homicide; b) Sequestration; and, c) Extorsion.
Art. 2.-To the preparatory acts, the proposion and the conspiracy to commit any of the offences referred to in this Law, if they do not have a specific sanction, they shall be imposed a penalty that oscillates between the third part of the minimum and the third part of the maximum of the intended offense.
Art. 3. The specialized courts referred to in this Law shall be based in the cities of San Salvador, Santa Ana and San Miguel. Their competence will be extended to crimes committed in the departments of the following territorial division:
The specialized courts of San Salvador will be competent for the crimes committed in the departments of San Salvador. Salvador, La Libertad, San Vicente, Cuscatlán, La Paz, Cabanas and Chalatenango.
The specialized courts of Santa Ana will be competent for the crimes committed in the departments of Santa Ana, Sonsonate and Ahuachapan.
specialized courts of San Miguel will be competent for the crimes committed in the departments of San Miguel, Usulutan, La Unión and Morazán.
Such courts will be organized as follows: Specialized Courts of Instruction, Specialized Courts of Sentencing and Specialized Chambers of the Criminal.
The Specialized Courts of Instruction and the Specialized Courts of Judgment may be one-person or multi-personal; and the Specialized Chambers of the criminal shall be composed of two Magistrates.
Art 4.- The Office of the Prosecutor General of the Republic shall be responsible for the investigation, identification of the initial provenance of the knowledge of the offences by common or specialised courts. However, where the elements collected during the training phase determine that the process should have been initiated in a specialised court, it shall be immediately referred to it. Also, if the offence should have been the knowledge of the common courts, the specialised judge will forward the proceedings to these proceedings, in advance of the urgent decisions on the investigation and the freedom of the accused.
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CHAPTER II TEST RULES
Art. 5. In the investigation of the crimes provided for in this law, the Office of the Prosecutor General of the Republic shall exercise all investigative powers, in accordance with the provisions of the Constitution and the laws, as well as determine the responsibility of the perpetrators. or members and avoid further consequences. The case prosecutor shall authorize in writing the use of special investigative methods such as covert operations or supervised deliveries.
Art. 6. The members of the police, in the development of their functions, may be assisted by scientific and technological means to document their actions, to collect evidence or evidence. To this end, any instrument or technical device for transmitting or recording the sound, image or any other communication signal or other scientific means may be used in accordance with Art. 162 of the Penal Code.
The information and evidence collected under the previous paragraph will be valued as evidence, through the rules of sound criticism.
The law and the police report referred to in the Penal Code will be incorporated into the law. through reading in the Public View.
Art. 7.-When the Office of the Prosecutor General, for reasons of urgency duly reasoned or by written request of the agency in charge of the Program for the Protection of Victims and Witnesses, has the need to document the evidence and findings, it will proceed in accordance with the provisions of Article 270 of the Criminal Procedure Code. If the person concerned does not have an appointed human rights defender, the provisions of the fourth subparagraph of the provision referred to above shall apply. The Specialized Judge of Instruction will be the competent one to order the practice of these actions.
In those cases that it is necessary to carry out urgent actions because there is a risk that evidence of the crime, the prosecutor, will be lost shall take the necessary measures, within the limits permitted by law, and shall document the reasons for which they are based. In this case, he will submit them to the judge's ratification within forty-eight hours.
In cases of urgent need, the Attorney General of the Republic may order the immobilization of bank accounts for up to ten days, credit cards, commercial and financial transactions, securities and commercial documents, sequestering vehicles, furniture and other objects or instruments which have presumably served or serve for the purposes of consummation, concealment or facilitation of crimes under investigation as referred to in this law; of such immobilization shall give account to the Judge Specialized Instruction competent, who will reasonably substantiate the provenance or provenance of such a measure within three days.
Art. 8.-The Specialized Judge of Instruction who authorizes the advance of proof and the practice of the proceedings that are of unpostponed realization will concur to these. When you are prevented from attending personally, such an official will be able to commission the Peace Judge from where she will be held.
Art. 9.-If the location of the Specialized Judge of the Competent Instruction is not possible,
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Public Prosecutor's Office may directly appeal to the Peace Judge of the locality where the and submit its result to the ratification of the Specialized Judge of Instruction, within the seventy-two hours following the practice of the same.
Art. 10.-The proof of reference shall be admissible in the following cases:
a) Death, serious illness or other circumstance which makes it impossible or difficult for the witness to appear to render his statement personally in the public eye.
b) undercover police operations.
c) Retractation of the victim or the witness, to control the credibility of the victim or the witness; and
d) Manifestations expressed in a conscious and exponential manner in circumstances involving a the interests of the person who made them or a third party where appropriate.
Art. 11.-The experts will be of two classes: permanent or accidental.
They are permanent experts:
a) The official experts appointed by the Supreme Court of Justice at the Institute of Legal Medicine or in any other dependency of the
b) The Directors or Heads of the State's welfare centers.
c) The specialists of the faculties and schools of the University of El Salvador and of the state agencies or autonomous official institutions.
d) The technicians and specialists of the National Civil Police; and
e) The members of the Association Legal Medicine and Forensic Sciences to perform some public office or job.
In the case of permanent experts you will not need to be sworn in for the practice of the proceedings; your usual salary will be your fees and the institution for which they work is required to provide the time for their expertise. The Office of the Prosecutor General of the Republic shall indicate in detail the terms of the due diligence of the deadlines and other instructions.
They are accidental experts, those who appoint the judicial authority for a given function.
The opinion must meet all other legal requirements.
Art. 12.-If, within the permanent experts, it is not found who can practice the required diligence, the court may make the appointment of accidental experts.
Art.13.-If the parties request that the expert be practiced by accidental experts and
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at the discretion of the Judge is appropriate, within three days of notification of the Each one of them will present a list of specialists or technicians with their due course, accompanied by a sworn statement on their technical faculties and the commitment to faithfully and legally fulfill the charge conferred. Upon making the appointment, the Judge will point out the due diligence and all relevant instructions. The fees will be borne by the party who proposed the test.
Art. 14.-When, in the course of an investigation, the prosecutor considers that it is necessary to recognize a person who is not present and cannot be found, he will show his photograph to the person who carries out the recognition, together with others persons, extracted from any public record or from the police files.
The acknowledgments made in accordance with the foregoing paragraph shall be assessed to determine whether a person is, in probability, an author or a participant of a crime.
CHAPTER III PROCESSING PROVISIONS
Art. 15.-The criminal action to prosecute the crimes under this law shall be public, even if the authorization of the victim or his legal representative is not recorded, as the case may be.
In the crimes referred to in this law, the laws shall not apply Bans on reporting contained in Art. 231 of the Criminal Procedure Code.
Art. 16.-The prosecutor shall charge directly to the Specialized Judge of the competent Instruction after carrying out the necessary investigations in the shortest possible time, if he has not been charged in detention and within the period prescribed in this Law, if has. This document shall contain the requirements laid down in Article 314 of the Criminal Procedure Code.
Art. 17.-If the defendants are detained, they shall be made available to the Judge within the maximum period of seventy-two hours. In this case, the Office of the Prosecutor General of the Republic shall request, if appropriate, the imposition of precautionary measures before the Specialized Judge of the competent Instruction, to hold a special hearing within the term of seventy-two hours. and decide on those measures.
Decided regarding the precautionary measure, the Office of the Prosecutor General of the Republic will present the indictment or the opinion corresponding to the Specialized Judge of Instruction, within a period that will not exceed six months, which may be extended by the procedure laid down in the Code of Procedure Criminal.
Art. 18.-The direct charge or the opinion, the Specialized Judge of Instruction shall indicate day and hour for the conclusion of the preliminary hearing, within a period not less than twenty working days and not more than sixty working days. Within that term, it will make available to the parties the actions and the evidence, with the object that they can consult them and will resolve the requests for judicial support necessary for the preparation of the defense.
Five days before the end of the day noted for the preliminary hearing, the defense will present the written
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referred to in Article 316 of the Criminal Procedure Code. During this period, the victim may be constituted as a plaintiff.
In other words, the Criminal Procedure Code for the common procedure will continue.
Art. 19.-From what is resolved by the Specialized Judge of Instruction, the resources established by the Criminal Procedure Code may be brought, pending the effects of the contested decision until the appeal is resolved by the respective Chamber of Deputies. Specialized in the Criminal.
CHAPTER IV FINAL PROVISIONS
Art. 20.-The provisions of the Code of Criminal Procedure and other special criminal laws should be applied in a way that does not oppose this Law.
Art. 21.-The punishable acts committed prior to the validity of this law shall be processed in accordance with the provisions of the Criminal Procedure Code.
Art. 22.-Repeal Art 22-A of the Penal Code and the final paragraph of Art. 59 of the Criminal Procedure Code.
Art. 23. -THIS DECREE WILL ENTER INTO FORCE ON APRIL 1, TWO THOUSAND SEVEN. (1)
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twentieth day of the month of December 2006.
RUBEN ORELLANA, PRESIDENT.
ROLANDO ALVARENGA ARGUETA, FRANCISCO ROBERTO LORENZANA DURAN, VICE-PRESIDENT. VICE PRESIDENT.
JOSÉ RAFAEL MACHUCA ZELAYA, RODOLFO ANTONIO PARKER SOTO, VICE-PRESIDENT. VICE PRESIDENT.
ENRIQUE ALBERTO LUIS VALDES SOTO, GERSON MARTINEZ, SECRETARY. SECRETARY.
JOSÉ ANTONIO ALMENDARIZ RIVAS, NORMAN NOEL QUIJANO GONZÁLEZ, SECRETARY. SECRETARY.
ZOILA BEATRIZ QUIJADA SOLIS, SECRETARY.
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PRESIDENTIAL HOUSE: San Salvador, at the twenty-two days of the month of January of the year two thousand seven.
PUBESQUIESE,
ELIAS ANTONIO SACA GONZÁLEZ, President of the Republic.
René Mario Figueroa Figueroa, Minister of Public Security and Justice.
D. O. Nº 13 Tomo Nº 374 Date: 22 January 2007.
JCH/adar
REFORM:
(1) D.L. No. 242, FEBRUARY 15, 2007; D.O. No. 31, T. 374, FEBRUARY 15, 2007.
UNCONSTITUTIONALITY
* THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE, BY RESOLUTION 6-2009, DECLARED AS UNCONSTITUTIONAL IN THIS LAW THE INC. 3RD. OF ART. 1, IN THE WORDS "ALARM AND SOCIAL COMMOTION", THE REST OF THE ARTICLE MENTIONED ABOVE IS STILL IN FORCE; IT IS INCOMPATIBLE WITH THE PRINCIPLE OF LEGALITY AND THE PROHIBITION OF ATTRACTIVE FUERO -ART. 190 CN. (ROM/28/02/13)
RELATED PROVISIONS:
CREATE THE SPECIALIZED COURTS AND TRIBUNALS, TO LEARN ABOUT ORGANIZED CRIME AND COMPLEX EXECUTION CRIMES. D.L. No. 246, FEBRUARY 23, 2007; D.O. No. 43, T. 374, MARCH 5, 2007.
SPECIAL PROVISIONS IN CRIMES COMMITTED AGAINST LIFE, PERSONAL INTEGRITY, INDIVIDUAL FREEDOM AND PERSONAL AUTONOMY, OF MEMBERS OF THE NATIONAL CIVIL POLICE, MEMBERS OF THE ARMED FORCES, PRISON STAFF, PROSECUTORS AND JUDGES. D.L. No. 936, JANUARY 28, 2015.
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D.O. No. 24, T. 406, FEBRUARY 5, 2015.
LM/ngcl 16/04/07
FN 27/02/15
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