1 Decree No. 190 it Assembly Legislative of the Republic of EL SALVADOR, whereas: I. that the Constitution sets as obligations of the State protect, preserve and defend the right to it life, to it integrity physical and moral, to the freedom, to it security to the work, to property and possession of them people.
II. at present, the most serious crimes committed both nationally and internationally, are the characteristics of organized crime or are of complex preparation. A specialized procedure that quickly and effectively punish such acts, is therefore necessary to regulate as well as establish judges and courts attending exclusively to this type of crime, that you must provide guarantees and security to minimize the possibility of some kind of pressure that they exercise the structures of organized crime.
Therefore, in use of their faculties constitutional and to initiative of them members Ruben Orellana Mendoza, Rolando Alvarenga Argueta, José Rafael Machuca Zelaya, Jose Antonio Almendariz Rivas, Norman Noel Quijano González, Enrique Alberto Luis Valdes Soto and with the support of them members Douglas Alejandro wings, Federico William Ávila Quehl, Fernando Avila, Ingrid Bendix, Noel Abilio Bonilla, Carmen Elena Calderón of step , José Ernesto Castellanos, Jose Roberto d´Aubuisson, Vilma Cabrera, Guillermo Antonio Gallegos Navarrete, Julio Antonio Gamero Quintanilla, Cesar Humberto Garcia, big Jesus, Manuel Gutiérrez, Carlos Walter Guzman Coto, Wilfredo Iraheta Sanabria, Mario Marroquín, Manuel Vicente Menjivar, Mariella penalty Pinto, Renato Pérez, Juan Enrique Perla, Julio César Portillo, Antonio Prudencio, José Mauricio Quinteros, Carlos Retana Martinez, Carlos Armando Reyes, Alberto Rivas , Abilio Orestes Rodriguez Menjivar, Alberto Armando Romero Rodríguez, Mario Alberto Tenorio, Eugenio Donato Vaquerano Rodriguez.
DECREES the following: law against the crime organized and crimes of making complex chapter I provisions General Art 1.-the present law is intended to regulate and establish the competence of the specialized courts and procedures for the prosecution of crimes committed in the form of organized crime or of complex preparation.
Organized crime is considered that form of crime that is typically come from a structured group of two or more persons, is available for period of time and acting in concert with the aim of committing one or more offences.
2 for them effects of the present law, constitute crimes of realization complex them listed then, when is meets any of them circumstances following: that has been made by two or more people, that the action falls on two or more victims, or that its perpetration causes alarm or shock social. * DECLARED UNCONSTITUTIONAL, THE TERMS: ALARM AND SOCIAL UPHEAVAL.
These offences are: to) killing simple or aggravated; (b) kidnapping; and, c) extortion.
Article 2.-preparatory acts, the proposion and conspiracy to commit any of the offences referred to in this law, if they do not have designated especially them shall be imposed a penalty that it will oscillate between the third part of the minimum and the third part of the expected maximum for the respective crime.
Article 3.-specialized tribunals referred to in this law shall have its headquarters in the cities of San Salvador, Santa Ana and San Miguel. Your competition will be extended to crimes committed in the territorial constituency following departments: San Salvador specialized courts shall have jurisdiction with regard to crimes committed in the departments of San Salvador, La Libertad, San Vicente, Cuscatlán, La Paz, Cabañas and Chalatenango.
Them courts specialized of Santa Ana will be competent with regard to those crimes committed in them departments of Santa Ana, Sonsonate and Ahuachapán.
Them courts specialized of San Miguel will be competent with regard to those crimes committed in them departments of San Miguel, Usulutan, the Union and Morazán.
These courts will be organized in the following manner: courts specialized instruction, specialized courts of sentence and cameras specialized criminal.
The specialized courts of instruction and the judgment of specialized courts may be one-person or multi-member; and the specialized chambers of the penitentiary will be composed of two judges.
Art 4.-will correspond to the Prosecutor General of the Republic according to them proceedings of research, the determination of the origin initial of the knowledge of them crimes by courts common or specialized. However, when the elements collected during the phase of instruction to determine that the process should start in a specialized court shall be sent him immediately to this. Also, if the offence must have knowledge of the common courts, specialized judge shall refer to these actions, previously adopting urgent decisions on research and the freedom of the accused.
3 chapter II rules test article 5.-in the investigation of the offences envisaged in this law, the Attorney General of the Republic shall exercise all the investigative powers, in accordance with the Constitution and laws, as well as determine the responsibility of the authors or participants and will prevent further consequences. The Prosecutor in the case shall authorize in writing the use of special methods such as undercover operations or interception.
Article 6.-the members of the police in the performance of its functions, may auxiliary scientific and technological means to document their actions, collect evidence or evidence. For this reason, any instrument or artifice technical transmission or recording of sound, image or any other communication signal or other scientific means, in accordance with article 162 of the criminal procedure code can be used.
The information and evidence collected according to the previous paragraph, will be evaluated as evidence, by the rules of healthy criticism.
The police report referred to in the code of criminal procedure and the Act will be incorporated by reading in public view.
Art. 7. when the Prosecutor, duly reasoned considerations of urgency or by written request of the body responsible for the protection programme for victims and witnesses, has the need to document the evidence and findings, shall be in accordance with the provisions in article 270 of the criminal procedure code. If the accused does not have a defender appointed, shall apply as regulated in the fourth paragraph of the aforesaid provision. The specialized judge of instruction shall have the jurisdiction to order the practice of these proceedings.
In those cases that may be necessary to carry out urgent proceedings because there is risk being lost evidence of the crime, the Prosecutor shall proceed to obtain and so shall adopt the necessary measures, within the limits permitted by the law and documented the reasons that motivate them. In this case, the submit to ratification of the judge, within the forty and eight hours following.
In cases of urgent necessity, the Prosecutor General of the Republic may order detention, up to ten days, bank accounts, credit cards, commercial and financial operations, securities and commercial documents, hijacking vehicles, furniture and other objects or instruments that have presumably served or serve for the consummation, concealment or facilitation of investigated crimes to that referred to in this law; This immobilization will notice the judge specialized competent instruction, who shall reasonably based on the origin or inadmissibility of such measure within the period of three days.
Article 8.-the judge specialized instruction that authorizes the advance test and the practice of the proceedings that are of urgent preparation will attend to them. When impediment to attend personally, such official may commissioning to the Justice of the peace of the place where it will be developed.
Article 9.-If not possible the location of the specialized judge of competent instruction 4 prosecutors may resort directly to the Justice of the peace in the town where diligence shall be and submit your score to ratification of the specialized judge of instruction, within seventy-two hours of the practice of the same.
Article 10.-will be admissible test testimonial reference in the following cases: to) death, serious illness or other circumstances which make impossible or difficult to witness to appear to give their statement personally in public view.
(b) undercover police operations.
(c) withdrawal of the victim or witness, to control the credibility of these; and (d) manifestations expressed consciously and spontaneous in circumstances involving a prejudice the interests of those who made them or a third party in the case.
Article 11.-the experts will be of two kinds: permanent or accidental.
They are permanent experts: to) the official experts appointed by the Supreme Court of Justice in the Legal Medical Institute or any other unit of the same.
b) the directors or heads of the centers of the State.
(c) the specialists of the faculties and schools of the University of El Salvador and of the premises of the State or autonomous official institutions.
(d) the technicians and specialists of the National Civil Police; (and e) members of the Association of Legal Medicine and forensic sciences that play some office or public employment.
In the case of permanent experts need not be his swearing in to the practice of the proceedings; their usual salary will be their fees and the institution for which they work is obliged to provide time for their expertise. The Attorney General of the Republic indicate in detail the terms of diligence with indication of deadlines and other instructions.
Experts are accidental, which name the judicial authority for a particular function.
The opinion shall meet all other legal requirements.
Article 12.-If within them experts permanent not is find who may practice the diligence required the Court may make the appointment of experts accidental.
Art.13.-If them parts request that the test expert is practiced by experts accidental and 5 to criterion of the judge is from, within them three days following to the notification of the resolution respective, each an of them will present a terna of specialists or technical with their due overcrowded, accompanied of a statement sworn on their faculties technical and the commitment of meet faithful and legally the charge conferred. When you make the appointment, the judge shall designate diligence period and all the relevant instructions. The fees shall be borne by the party which nominated the test.
Article 14.-when in the course of an investigation, the Prosecutor considers that it is necessary to recognize a person who is not present or it can be found, will showcase you your photography to perform recognition, along with others of different people, drawn any public record or police files.
Them honors made of compliance with the subsection above will be valued to determine if a person is, with probability, author or participate of a crime.
Chapter III provisions procedural article 15.-the prosecution to pursue crimes dealing with this law will be public, even if no record authorization from the victim or his legal representative, as the case may be.
In the crimes to which this Act applies, not shall be effective bans on reporting contained in article 231 of the criminal procedure code.
Article 16.-the Prosecutor accused directly before the specialized judge of competent instruction after carrying out the necessary investigation procedures in the shortest time possible, if not any accused arrested and within the period provided in this Act, if any. That letter will contain the requirements established in the article 314 of the code of criminal procedure.
Art 17.-If the accused are arrested, they will be made available to the judge within a maximum period of seventy-two hours. In this case, the Prosecutor General of the Republic asked if is from, it imposition of measures precautionary before the judge specialized of instruction competent, so celebrate an audience special within the term of seventy and two hours and resolved on such measures.
Decided as regards the measure precautionary, the Attorney General of the Republic shall submit the indictment or the corresponding report to the specialized judge of instruction, within a period not to exceed six months, which may be extended by means of the procedure referred to in the code of criminal procedure.
Article 18.-received the direct accusation or the opinion, the specialized instruction judge designated day and time for the conclusion of the preliminary hearing, within one period not less than twenty working days nor more than sixty days. Within said term, will put to disposition of them parts them performances and them evidence, with the object that can consult them and will solve them requests of support judicial necessary for the preparation of the defense.
Five days before the date designated for the preliminary hearing, the defense will present brief 6 a referred to in the article 316 of the code of criminal procedure. During this period, the victim may be constituted as a Prosecutor.
Otherwise, will continue as planned in the criminal procedure code for the common procedure.
Article 19.-of the ruling by the judge specialized instruction may be brought the resources referred to in the code of criminal procedure, leaving in suspense the effects of the contested while not resolved the appeal by the respective camera special criminal.
Chapter IV provisions late article 20.-must apply is supplementary them provisions of the code procedural criminal and of other laws criminal special, in what not is opposed to the present law.
Article 21.-punishable acts committed prior to the entry into force of this law shall be processed in accordance with regulated in the code of criminal procedure.
Article 22.-repeal the Art 22-A of the Penal Code and the final paragraph of the article 59 of the code of criminal procedure.
Article 23. -THIS DECREE SHALL ENTER INTO FORCE THE DAY ONE OF APRIL TWO THOUSAND AND SEVEN. (1) given in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, on the twentieth day of December of the year 2006.
RUBEN ORELLANA, PRESIDENT.
ROLANDO ALVARENGA ARGUETA, FRANCISCO ROBERTO LORENZANA DURÁN, 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.
NORMAN NOEL QUIJANO GONZÁLEZ, JOSÉ ANTONIO ALMENDÁRIZ RIVAS, SECRETARY. SECRETARY.
ZOILA BEATRIZ JAW SOLIS, SECRETARY.
7. presidential House: San Salvador, to the twenty-second day of January of the year two thousand and seven.
PUBLISHED, ELÍAS ANTONIO SACA González, President of the Republic.
René Mario Figueroa Figueroa, Minister of Justice and public safety.
D. o. No. 13 vol. No. 374 date: January 22, 2007.
JCH/adar reform: (1) D.L. No. 242, February 15, 2007; D.O. No. 31, T. 374, February 15, 2007.
UNCONSTITUTIONALITY * THE CONSTITUTIONAL DIVISION OF THE SUPREME COURT OF JUSTICE, BY RESOLUTION 6-2009, DECLARED UNCONSTITUTIONAL UNDER THIS LAW THE INC. 3rd. OF ARTICLE 1, THE TERMS "ALARM AND SOCIAL UPHEAVAL", FORCE THE REMAINDER OF THE MENTIONED DO SUBSECTION; BEING INCOMPATIBLE WITH THE PRINCIPLE OF LEGALITY AND THE PROHIBITION OF APPEAL JURISDICTION - ART. 190 CN. (ROM/28/02/13)
ARRANGEMENTS: BELIEVE THE COURTS AND SPECIALIZED COURTS, TO HEAR CRIMES OF RACKETEERING AND COMPLEX REALIZATION. D.L. No. 246, 23 of February of 2007; D.O. No. 43, T. 374, 5 of March of 2007.
PROVISIONS SPECIAL IN CRIMES COMMITTED AGAINST THE LIFE, INTEGRITY PERSONAL, FREEDOM INDIVIDUAL AND AUTONOMY PERSONAL, OF THEM MEMBERS OF THE POLICE NATIONAL CIVIL, MEMBERS OF THE FORCE ARMED, PERSONAL PRISON, TAX AND JUDGES. D.L. not. 936, 28 of January of 2015.
8 D.O. No. 24, T. 406, 5 of February of 2015.
LM / ngcl 16 / 04 / 07 FN 27 / 02 / 15 index legislative