Advanced Search

Law Regulating Activities Relating To Drugs

Original Language Title: LEY REGULADORA DE LAS ACTIVIDADES RELATIVAS A LAS DROGAS

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

1

DECREE No. 153.-

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That by Legislative Decree No. 728 dated March 5, 1991, published in Official Journal No. 52, Volume 310 of the 15th of the same month and year, the Regulatory Law of the Drug Relative Activities was issued.

II.-That the law mentioned in the previous recital, has lost its current and in order to adapt it to the The present situation and the technological advances implemented by those who engage in actions that will be implemented in accordance with agreements or international conventions, it is necessary to issue a new regulation that will develop the

III.-That by constituting the health of the inhabitants of the Republic a public good, the State and persons are obliged to ensure their conservation and restoration.

IV. Salvadoran State, to comply with multilateral agreements and agreements on drugs, signed and ratified; consequently, the policies and activities that they define are oriented to the fulfillment of the commitments derived from them.

V.-That drug addiction is a phenomenon that deteriorates the physical and mental health of the inhabitants of the Republic and is also a criminogen factor that attacks the economic, social, cultural and political bases of society.

VI.-That combating and controlling illicit activities to drugs is a way to prevent the problem of drug addiction and it is necessary to issue provisions aimed at to eradicate such activity, and to criminalize as a variety of offenses behaviors that relate to them and that attack the principle cited in the third recital.

THEREFORE:

in use of its constitutional powers and on the initiative of Former Diputada Rosario Acosta

DECCRETA:

REGULATORY LAW ON DRUG-RELATED ACTIVITIES

GENERAL PROVISIONS, ADMINISTRATIVE BODIES AND IMPLEMENTERS

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

2

CHAPTER I GENERAL PROVISIONS

ACT OBJECT

Art. 1.-The purpose of this Law is to regulate the activities related to drugs, which relate to the following aspects:

a) The cultivation, production, manufacture, extraction, storage, deposit, transport, acquisition, disposal, distribution, import, export, transit and supply;

b) Establishment and organization of entities implementing measures to prevent, treat and rehabilitate those persons who have become addicted; how to normalize activities related to these;

c) Possession, tenure, dispensation and consumption;

d) Combat and punishment of acts that constitute a crime or administrative violations;

e) Scientific research and specialized studies in the field.

DROGAS

Art. 2. For the purposes of this Law, drugs are considered to be the substances specified in the International Conventions ratified by El Salvador, which are mentioned in the Health Code and other laws of the country; and in general, those that interchangeably of their degree of purity, act on the central nervous system and have the capacity to produce transformations, either by increasing or decreasing their functioning or by modifying the states of consciousness and that their misuse can cause physical and psychological dependence or subjection.

seeds are also considered as drugs, floorscences, plants or parts thereof and any other substances used as raw materials for the purification, modification or manufacture of drugs.

Alcoholic beverages, tobacco, and solvents and inhalants, however framed within this matter, they will be regulated by special laws.

PROHIBITIONS AND AUTHORIZATIONS

Art. 3. Any activity related to the plants or substances of the following categories is prohibited:

a) Narcotics

b) Depressors

44444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF THE SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

3

c) Stimulants

d) Alucinogens

e) Cannabis

f) Any other substance that is considered drug so harmful that it would be prohibited by the Superior Council of Public Health or international conventions ratified by the country.

The substances mentioned in the article and in the previous paragraph, can only be imported, be produced, manufactured, extracted, possessed or used in the quantities strictly necessary for scientific research, the manufacture of medicinal products, for medical treatment or for the manufacture of products for industrial use, with the authorization of the Superior Council of Public Health.

CONCEPTS AND DEFINITIONS

Art. 4.-For the purposes of this Law:

UNDERCOVER agent

Any member of the police corporation, regardless of its institutional status, which has been appointed in writing as such by the Director General of the Police, or by agent of authority in which he will delegate that function, and which is authorized in writing by the Office of the Prosecutor General of the Republic for the use of misleading means with the exclusive object of detecting, investigating and testing criminal conduct referred to in this Law; or which has also been authorised within the investigation and under strict supervision of the Attorney General's Office, for the incitement or provocation of conduct in order to be able to check the criminal acts being investigated.

CONTROLLED PURCHASE

The acquisition of any type of substance of the regulated by this Law, carried out by an Agent Encovered in the course of an investigation, made in Salvadoran territory, or out of it, according to the provisions of the Treaties and Conventions ratified by our country.

FREEZING OR SEIZURE

Prohibition temporary transfer, convert, dispose or move goods, or custody or temporary control of goods by a court or by a competent authority.

SUPERVISED DELIVERY

Technical to let that Illicit drugs, narcotic drugs, psychotropic substances, substances listed in Table I or II annexed to the 1961 Single Convention on Narcotic Drugs and their 1972 Protocol of Amendment, or substances for which the previously

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC ))) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX

44444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444444 the, with the knowledge and under the supervision of its competent authorities, in order to identify the persons involved in the commission of offences typified in this Law.

TRANSIT STATUS

Country through whose The territory of the territory is illegal drugs, narcotic drugs, psychotropic substances and any other type of substances that are considered illegal drugs, and that is not the point of provenance or the definitive destination of these substances.

PROTECTED IDENTITY

Protected Identity to the protection of the true identity of an undercover agent made in the course of an investigation, upon request in writing by the Director of the Police or his delegate, with the endorsement of the Office of the Prosecutor General of the Republic and with the knowledge of the National Registration of Natural Persons.

ILLICIT DRUG TRAFFICKING

the effects of this law constitutes illicit drug trafficking any activity not authorized by competent authority related to the cultivation, acquisition, disposal of any title, import, export, warehouse, storage, transport, distribution, supply and transit of the substances referred to in Article 2.

CHAPTER II ADMINISTRATIVE AND IMPLEMENTING BODIES

Art. 5.-Create the National Anti-Drug Commission "CNA" or "The Commission", which will function under the direction of the President of the Republic, who will appoint its Executive Director.

The ANC will be responsible for planning, coordinating, monitoring and evaluating the Government plans, strategies and policies aimed at preventing and combating illicit drug trafficking, sales and consumption, as well as the rehabilitation efforts of addicted people.

The ANC will be made up of ministers or Representatives of: Government, Public Health and Social Care, Education, Defense National and the Superior Council of Public Health chaired by the Executive Director appointed by the President of the Republic.

MINISTRY OF GOVERNMENT.

Art. 6.-The Ministry of the Interior through the National Civil Police as an auxiliary organ of the Administration of Justice, and is, through the Anti-Narcotics Division, will have the following operations:

a) Design, dir and coordinate all activities and measures that prevent and control the penetration and dissemination of drug trafficking in the country;

44444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF EL SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

5

b) Avoid being grown, produced, manufactured, brought, consumed, marketed and exported, substances not authorized;

c) Practice registration of any land, air or sea vehicle entering the national territory, as well as those circulating in it, where there are sufficient evidence of evidence that they are transported in the national territory; substances such as those referred to in Article 2 of this Law, holding them by a a maximum period of seventy-two hours, within which he/she shall practice the necessary steps to determine whether they have been used for the purpose of committing a crime of those mentioned in this Law;

d) The Office of the Prosecutor General of the Republic, practicing records in the places where there is knowledge that illicit activities related to drugs are carried out, respecting for this the rights guaranteed by the Constitution and other laws;

e) Proceed to personal registration or requisition, where there are sufficient grounds for presume that a person hides from his or her clothes, belongings or bears objects related to the offence to his body; carry out bodily inspection, where necessary, for the existence of evidence or indicia; A record shall be lifted as provided for in the Criminal Procedure Code which shall be referred to the competent court.

In the cases referred to in the preceding paragraph, the auxiliary body shall have the power to retain or detain persons. for a maximum period of seventy-two hours;

f) Incauting all substances of which the suspects that they are included in the concept of drugs established by this Law, without the need to request judicial ratification of that seizure and submit them to the prior expert analysis of the laboratory; if this is positive, it will be referred to the Prosecutor General's Office. General of the Republic. Such an expert opinion may be incorporated in the judgment through its reading. Where the expert opinion determines that the substance is not covered by the concept of Article 2 of this Law, the return corresponding to its rightful owner must be made. Where, for justified reasons, such remission is made difficult, with the approval of the Prosecutor of the case, the amount sufficient for its expert analysis shall be collected, and in the presence of the latter the remainder shall be destroyed, with the due diligence respective of the weight, quantity and quality of the drug, in which case the Prosecutor will subscribe to the act that is lifted, from all the actions will be sent to the competent judge;

g) Under the functional direction of the Office of the Prosecutor General of the Republic, to preemptively seize or close movable property or establishments that are in any way used for drug-related activities, and put them at the disposal of the competent authority;

h) Under the functional direction of the Office of the Prosecutor General of the Republic, impound furniture or buildings from which there are indications sufficient have been purchased or with the product

44444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

6

of drug marketing, and placing them at the disposal of the competent authority;

i) Coordinate with relevant authorities or bodies, drug control activities at airports, heliports and ports, both commercial and private;

j) EXERCISE SURVEILLANCE AT BORDER POSTS AND IN PLACES OF POSSIBLE ACCESS TO THE TERRITORY OF SUBSTANCES CONSIDERED AS DRUGS OF COMPLIANCE WITH THIS LAW AND CONVENTIONS RATIFIED BY THE COUNTRY; (1)

k) Localizing crops of plants that serve as the raw material for the manufacture of drugs and the places or laboratories where they are illegally manufactured, prepared, packaged or distribute these;

l) Proceed under the functional direction of the Office of the Prosecutor General of the Republic, to the destruction of the crops referred to in the previous literal, with the presence of the Prosecutor of the case, when for justified reasons make it difficult to move;

m) In order to investigate the offences referred to in this law, control by means of of the respective books or other lawful means, the registration, permanence and withdrawal of persons in hotels, pensions, guesthouses or any other premises that is dedicated to the activity of giving accommodation, for which it will be the obligation of the owners of such establishments, regularly report to the Anti-Narcotics Division, the movement of guests, or present when required, the control books or other records that for this purpose will carry; personnel from the same review at the premises;

n) Collaborate with the Higher Health Council Public, when requested, in the control of pharmacies, hospitals, clinics, health care homes and any other establishment as prescribed by the Health Code;

or) Maintain collaboration with the authorities of other countries responsible for the control and repression of drug-related activities, when requested and in accordance with the agreements and agreements entered into by the country;

p) Investigate under the functional direction of the Prosecutor General's Office Republic, all the criminal offences established in this law, in order to present the corresponding tax requirements before the competent court or the judge of the departmental head of the jurisdiction;

q) Conduct the investigations that the Office of the Prosecutor General of the Republic entrusts to him and inform him

r) In general, all those who trust you other laws.

MINISTRY OF PUBLIC HEALTH AND SOCIAL ASSISTANCE

44444444444444444444444444444444444444444444444444444444444444

FROM EL SALVADOR ))) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

7

Art. 7.-The Ministry of Public Health and Social Care, will be the state institution directly responsible for developing and enforcing treatment and rehabilitation programs for people affected by drugs, and for controlling those who are

MINISTRY OF EDUCATION AND SOCIAL ASSISTANCE

ART. 8.-The Ministry of Education will be the state institution directly responsible for the development, execution and monitoring of prevention programs against illegal drug use.

MINISTRY OF NATIONAL DEFENSE

Art. 9.-The Ministry of National Defense within the framework established for the Armed Forces in Article 212 of the Constitution of the Republic, will collaborate with the ANC in whatever is required.

PUBLIC HEALTH COUNCIL ADVICE

Art. 10. The Council shall have the powers prescribed in the Health Code, its Rules of Procedure, the Official Pharmaceutical Products Regulation, the Proprietary Medicinal Products Regulation, the Narcotic Regulation and other laws and regulations. regulations relating to the subject.

ADVERTISING CAMPAIGNS

Art. 11.-The ANC National Anti-Drug Commission is the body responsible for promoting, coordinating and monitoring advertising campaigns at both the government and private levels, aimed at preventing the harmful effects produced by the use and drug use, performed by any means.

APPROVAL OF JOB PLANS

Art. 12.-duly authorized private entities and government entities, whose purpose is to prevent drug addiction, must submit their work plans to the approval of the Commission.

The Commission shall issue a resolution on the plans

CHAPTER III OF CONTROL

LIST OF DROGAS

Art. 13.-The Superior Council of Public Health shall formulate within the first two months of each year a list of drugs and all preparations and proprietary medicinal products containing them according to the categories established in the This Law, which must be made of the knowledge of the vending machines, specifying those whose trade is absolutely prohibited and those that can be purchased with a prescription from the doctor, dentist or veterinarian in their case.

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC ))) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

8

You must also send to the Supreme Court of Justice, Attorney General of the Republic, National Police Civil and the Commission, one of these lists to make them aware of the competent Judges and Prosecutors.

The lists must be communicated to the public through the main social media in addition to others that the Consider convenient.

MANDATORY LEGEND

Art. 14.-Any packaging or packaging of a pharmaceutical specialty containing any drug and the sale of which has been authorized by the Superior Council of Public Health under medical prescription, in addition to the full formula of its contents on the label The following legend must be carried in place and letters: "Warning: Sale only with a prescription and subject to the control of the Superior Council of Public Health".

DRUGS IN TRANSIT

Art. 15.-The Superior Council of Public Health is the Body competent to authorize the transit through the national territory of drugs or proprietary medicinal products containing them, provided that the country of destination is requested by means of its

Of all requests and of your resolution will be sent to the Counternarcotics Division, so that it takes the appropriate measures and informs the ANC.

IMPORT REQUEST

Art. 16.-Officials and public employees responsible for the import formalities for the substances referred to in this Law shall require that the application be accompanied by the original documents of the permit or license issued by the Council. Superior Public Health.

PLACES FOR DRUG IMPORTATION

Art. 17. The importation of drugs or proprietary medicinal products containing them may be effected only by border posts, ports and airports designated by the ANC after consultation with the competent institutions; and to remove them from the For the purposes of this article, the authorization of private premises as customs offices is prohibited.

If the Council does not have the right to act as a customs office, it will be necessary for the purposes of this article to be approved.

Superior Public Health considers it necessary, before authorizing the delivery to the importer, remove from customs for analysis purposes samples of drugs or pharmaceutical products containing it.

PRESUMPTION FOR IMPORTER

44444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF EL SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

9

Art. 18.-For the purposes of this Law it is legal presumption that the importer has received the specified quantities of drugs, in the import certificate or policy; in case he has not received them in whole or in part, he must do so of the knowledge of the Superior Council of Public Health immediately, who will also give notice to the Anti-Narcotics Division, so that it initiates the respective investigation.

RESPONSIBLE FOR DRUG CONTROL

Art. 19.-In hospitals, clinics, houses of health and centres of the same nature, it shall be responsible for the control of the drugs or proprietary medicinal products containing them, the Director or Regent of the establishment or who does his/her times.

SAMPLE DELIVERY AND INSPECTION

Art. 20.-The owners or managers of companies engaged in the import, manufacture, packaging, storage, distribution and sale of products containing drugs, are obliged to provide the samples required by the Council Superior to Public Health.

They must also allow duly authorized officials and employees of the same and the Anti-Narcotics Division to practice the necessary inspections, and must exhibit the documentation and existence of drugs that are required to them.

IRREGULARITIES OR ANOMALIES

Art. 21.-If the documentation or the existence of drugs is not presented or irregularities and anomalies are found in one or the other or both, the Counternarcotics Division will immediately inform the Superior Council of Public Health, who will take the If the irregularities detected are presumed to constitute crimes, the respective proceedings must be initiated and the seizure or seizure shall be carried out.

AUTHORIZATION FOR THE CULTURE AND PRODUCTION

Art. 22.-No person may engage in the cultivation or production of drugs, or even for the purpose of experimentation, without the corresponding authorization of the Superior Council of Public Health, who will be able to grant it whenever the requirements are met. following:

a) That they be subject to the respective control, inspection and audit; and

b) That they are registered in the Council as persons or establishments engaged in the chemical and pharmaceutical industry or as laboratories of research in biological sciences, as prescribed in the Health Code.

TO IMPORT AND ELABORATE DRUGS

Art. 23.-The pharmaceutical, industrial or research laboratories, which for their operation require drugs and other substances referred to in this Law, may import them, acquire them,

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

10

process, prepare and distribute them, subject to authorization by the Superior Council of Public Health in each case, who may grant it within the limits fixed by it, the cases of processing or production being subject to the following rules:

(a) The required raw material, chemicals or solvents are acquired with the authorization of the itself;

b) Inform you of the processing or processing in good time, (a) in order to be able to order the control it deems appropriate.

It shall require the same authorisation as any person who for the activity to which it is engaged requires certain substances such as precursors, chemicals and solvents, that can be illicitly used in drug processing and processing.

DRUG EXISTENCE RECORD

Art. 24.-The pharmaceutical, industrial or research laboratories using substances controlled by this Law, and those dedicated to their production and sale, must keep a detailed record of their existence on forms authorized by the Superior Public Health Council, in order to enable these operations to be supervised by delegates of the same and the Counternarcotics Division, as well as to have the appropriate places for their storage.

CONTROL IN THE DRUG DELIVERY.

Art. 25.-The one who, by reason of his position, is legally authorized to release drugs, must carry a book in which he will daily record the entry, inventory and exit of these, according to the recipes received, so that his sales will be duly controlled by the authorities of the Superior Council of Public Health and the Anti-Narcotics Division. You will also be required to forward the prescriptions monthly to yourself for due control.

RAID AND REGISTRATION OF PREMISES

Art. 26.-Without prejudice to the provisions of Art.173 of the Criminal Procedure Code, where there are sufficient grounds to presume that the provisions of this Law are violated in a place, the registration and in the case of the Division of the Tribunal shall be recorded. Counternarcotics, under the Directorate of the Department of the Attorney General's Office of the Attorney General's Office.

The registration with the prevention of criminal trespass also proceeds in the cases established in Article 177 of the Code. Criminal prosecution; when the person who inhabits the person consents to the entry for a flagrant crime or danger INTERNATIONAL COOPERATION

Art.

INTERNATIONAL COOPERATION

Art. 27.-It is up to the State to obtain international cooperation in this Law to coordinate research, prevention and training programs with the aim of

the

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

11

institutions that according to the law intervene in the investigation, control and sanction of the drug production and trafficking, as well as cooperating with other bodies and institutions in order to sanction violations of this Law.

OBLIGATION OF ENTITIES IN CHARGE OF ENTITIES

Art. 28.-The owners or managers of social, cultural, recreational, sports or any other nature must prevent and prevent the illegal activities contemplated in this Law from occurring in their premises.

PROCEEDINGS OF DRUG DESTRUCTION

Art. 29.-The control bodies shall be represented in all judicial proceedings in which the destruction of drugs or instruments used in the execution of the crimes referred to in this Law is carried out, in order to have legal effect

PENALTIES FOR VIOLATION

Art. 30.-The infringer of any of the control measures recorded in Articles 14, 17, second, 21, 23, 24, 25, 26 and 29 shall be sanctioned according to the law, with an equivalent fine of up to eight minimum urban salaries in force, and (a) to the extent to which it is not responsible for the exercise of the activity to which it is engaged and for the closure of the establishment, all without prejudice to the criminal liability in which it incurs.

The fines referred to in the be imposed by the Superior Council of Public Health and its product will be admitted to the General Fund of the Nation.

CHAPTER IV

DELITES

SEEDING AND CULTIVATION

Art. 31.-That which without legal authorization shall sow, grow or harvest seeds, blooms, plants or parts thereof, of which, of course or by any means, drugs may be obtained that produce physical or mental dependence, shall be Five to fifteen years ' imprisonment and a fine of five to two thousand five hundred current urban minimum wages. *** DECLARED UNCONSTITUTIONAL

MANUFACTURING OR TRANSFORM

Art. 32.-The one who without legal authorization will elaborate, manufacture, transform, extract or obtain drugs, will be punished with imprisonment of ten to fifteen years and fine of five to two thousand five hundred current urban minimum wages.

TRAFFIC ILLICIT

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

12

Art. 33.-For which no legal authorization shall be acquired, it shall, for any import, export, deposit, store, transport, distribute, supply, sell, sell or carry out any other activity of trafficking, seed, leaf, plants, floresces or substances or products mentioned in this Law, will be punished with imprisonment of ten to fifteen years and fine of fifty to five thousand minimum monthly salaries in force.

If the crime is committed acts of international traffic either using the national territory as a state of transit or that it be used as a place of import or export the penalty will be increased by a third of the maximum of the penalty indicated. ** DECLARED UNCONSTITUTIONAL

POSSESSION AND TENURE

Art. 34. THE LEGAL AUTHORIZATION OF WHICH, WITHOUT LEGAL AUTHORIZATION, POSSESSES OR HAS SEEDS, LEAVES, FLOWERS, PLANTS OR PARTS THEREOF OR ILLICIT DRUGS IN QUANTITIES LESS THAN TWO GRAMS, TO WHICH THIS LAW REFERS, SHALL BE PUNISHABLE BY IMPRISONMENT OF ONE TO THREE YEARS AND A FINE OF FIVE TO A THOUSAND CURRENT URBAN MINIMUM WAGES. (1)

IF THE POSSESSION OR POSSESSION IS IN QUANTITIES OF TWO GRAMS OR GREATER THAN THAT AMOUNT, WHICH THIS LAW REFERS TO, IT SHALL BE PUNISHED WITH IMPRISONMENT OF THREE TO SIX YEARS; AND FINE OF FIVE TO A THOUSAND MINIMUM MONTHLY URBAN SALARIES IN FORCE. (2)

WHATEVER THE QUANTITY, IF THE POSSESSION OR POSSESSION IS FOR THE PURPOSE OF CARRYING OUT ANY OF THE ACTIVITIES MENTIONED IN THE PREVIOUS ARTICLE, THE PENALTY SHALL BE SIX TO TEN YEARS IMPRISONMENT; AND FINE OF TEN TO TWO THOUSAND WAGES CURRENT URBAN MINIMA. (2)

THIS PRECEPT SHALL NOT APPLY WHEN THE CONDUCT PERFORMED IN ANOTHER CRIMINAL TYPE IS MORE SERIOUS. (2) DECLARED UNCONSTITUTIONAL

PROMOTION AND PROMOTION

Art. 35.-That in some way promotes the cultivation, illicit trafficking of seeds, leaves, floresces, plants or part of them or drugs, or the manufacture, extraction, processing or elaboration of these or to encourage their abuse unduly, will be sanctioned with a prison of six to ten years and a fine of twenty-five to two thousand five hundred current urban minimum wages.

MEDIA FACILITATION

Art. 36.-The one who possesses, manufactures, transports or distributes equipment, materials or substances, knowing that they are to be used in any of the activities referred to in Articles 31, 32 and 33, shall be punished with imprisonment of five to fifteen years and fine of five to two thousand urban minimum monthly wages in force.

FACILITATION OF PREMISES, BUILDINGS AND ESTABLISHMENTS

44444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF THE SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

13

Art. 37.-KNOWINGLY, IN ANY EVENT, FACILITATE, PROVIDE, USE OR MAKE USE OF A BUILDING, PREMISES OR ESTABLISHMENT FOR THE MANUFACTURE, MANUFACTURE, EXTRACTION, STORAGE, CULTIVATION, SALE, SUPPLY, CONSUMPTION OF DRUGS, STORAGE OF EQUIPMENT, MATERIALS OR SUBSTANCES USED TO FACILITATE THE DRUG TRADE WILL BE SANCTIONED WITH PRISON OF FIVE TO FIFTEEN YEARS AND FINE OF TWENTY-FIVE TO TWO THOUSAND FIVE HUNDRED CURRENT URBAN MINIMUM WAGES AND WITH THE SEIZED GOODS WILL BE CARRIED OUT UNDER ARTICLE 67 OF THIS LAW, IT IS ESTABLISHED. (1)

PRESCRIPTION OR PROVISIONING

Art. 38.-The doctor who prescribes or supplies drugs that need a special prescription to acquire them when they are not indicated by the therapy or with infraction of laws or regulations on the subject, will be punished with imprisonment of three to five years and fine of five to a thousand current urban minimum wages in force.

DRUG ALTERATION

Art. 39.-The one who will use drugs in the manufacture of pharmaceutical products, in higher doses than the authorized ones, will be punished with prison of three to five years and fine of five to a thousand minimum monthly salaries in force.

EXPENDIO ILLICIT MEDICINAL SUBSTANCES

Art. 40.-The one who is authorized for the purpose of the sale of medicinal substances containing drugs, in kind, quality or quantity other than that specified in the medical prescription, shall be punished with imprisonment of three to five years and a fine of Five to a thousand urban minimum monthly salaries in force.

If the stipend is made without a prescription when the product cannot be obtained without that requirement, the penalty will be five to fifteen years in prison and fine of five to two thousand wages Current urban minimum monthly.

DROGAS ADMINISTRATION

Art. 41.-The one who will administer without therapeutic or medical prescription to another person, with the consent of this, any class of drugs, will be punished with imprisonment of three to six years and fine of five to a thousand minimum monthly urban wages

if the drug is administered, I will not give his or her consent or be less than eighteen years old or unimpeachable, the penalty will be six to eight years in prison and a fine of fifteen to two thousand minimum monthly urban salaries.

ALTERATION OR FALSIFICATION OF RECIPES

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

14

Art. 42.-The one who will alter or falsify, totally or partially medical prescriptions, and that in this way obtain for himself or for another, drugs or medications that contain them, will be punished with three to six years of imprisonment years and fine of five to a thousand current urban minimum monthly wages.

REAL COVER-up

Art. 43.-That in order to obtain for himself or for a third party any profit after having committed a crime of those contemplated in this Law, without prior concert, I will hide, acquire, or receive money, values or objects, knowing that they are the proceeds of such a crime or have been used to commit it, will be punished with imprisonment of four to eight years and fine of five to one thousand five hundred current urban minimum wages in force.

For the purposes of the application of this article, be indifferent that the criminal act of origin of the goods has been committed on national territory or foreign.

PERSONAL COVERUP

Art. 44.-The one who, with knowledge of having committed a crime of those referred to in this Law and without prior concert, will help the author or accomplice to circumvent the investigations of the authority or to subtract to the action of this, will be sanctioned with prison Four to five years and a fine of five to a thousand urban minimum monthly salaries in force.

PROPAGANDA ON DRUG USE

Art. 45.-The one who will make direct or indirect propaganda, by any means, for the use or consumption of drugs or for any activity sanctioned by this Law, will be punished with imprisonment of three to six years and fine of five to a thousand minimum wages monthly

EXHIBITION

Art. 46.-The one who, in public place or exposed to the public or in private place will be on display carrying out acts related to the use or consumption of drugs, will be punished with prison of one to three years and fine of one to a hundred minimum wages monthly urban

INSTIGATION, INDUCTION, OR AID TO DRUG USE

Art. 47.-The one who instigates, injures or helps another by any means, to the use or consumption of drugs, will be punished with imprisonment of two to four years and fine of five to five hundred current urban minimum wages in force.

If the person who receives the instigation, induction or aid of less than eighteen years or unimpeachable, the penalty will be five to ten years and fine of ten to one thousand five hundred current urban minimum wages.

ILLICIT DRUG

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

15

Art. 48.-The one who, by means of intimidation, violence or deception, obtains from a person whose profession or profession relates to the health, any drug or pharmaceutical product containing it, will be punished with four to eight years imprisonment and fine of ten to Two thousand five hundred current urban minimum wages.

COOPERATION IN DRUG TRAFFICKING

Art. 49.-The one who knowingly supplies any kind of means or resources for the cultivation, manufacture, processing or illegal trafficking of drugs, will be punished with imprisonment of four to eight years and fine of ten to two thousand five hundred minimum wages Current urban monthly.

INTERMEDIATION

Art. 50.-The one who will carry out any act of intermediation between drug manufacturers or producers and consumers, will be punished with imprisonment of five to ten years, if the fact does not constitute a more serious crime typified in this law and fine of ten Two thousand five hundred current urban minimum wages.

ILLICIT ACTIVITIES IN SCHOOLS

Art. 51.-The person who belongs to the teaching or administrative staff or with the functions of management or supervision in a teaching centre, of whatever nature, shall permit, shall not report or advise any of the bodies responsible for implementing it. this law, which has knowledge of the traffic and possession, of drugs carried out in that center, will be sanctioned with imprisonment of four to eight and fine of ten to two thousand five hundred minimum monthly salaries in force.

PREPARATORY ACTS, PROPOSITION, CONSPIRACY AND CRIMINAL ASSOCIATIONS

Art. 52.-The preparatory acts to commit any of the offences defined in this law, the proposal, conspiracy with the same purpose, or the one that I shall deal with one or more persons, conduct a conduct sanctioned as a crime; or perform alone or with (a) the aid of another person, at least one act of compliance with the agreed objective, irrespective of whether that act is otherwise lawful, without the need for a formal agreement; they shall be subject to the penalty provided for by the crime they were preparing for, proposing conspiring or concerting.

In the cases In the case of the crime for which the criminal association has been established, it is not excluded from criminal responsibility that the crime for which the criminal association has been created has been completed; The criminal association has not been completed.

FAILURE TO REPORT OR NOTICE

Art. 53.-The owner or manager of the entities referred to in Article 28, who has knowledge of illicit activities on drugs in the premises under his or her command, will allow them, will not report them or I will not advise any of the bodies responsible for applying this Act, will be

444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF EL SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

16

sanctioned with imprisonment of four to eight years and fine of ten to fifteen hundred minimum monthly wages

SPECIAL AGGRAVATING

Art 54.-They are aggravating in relation to the offences covered by this Law, the following:

a) That the fact affects or could affect minors up to eighteen years old, women pregnant, mentally ill, or people suffering from mental decline;

b) the author has facilitated the use or consumption of drugs in educational establishments, protection and recreation centres for minors, military units, police units, detention centres, rehabilitation centres or the author is one of the persons to whom refers to Article 27 of this Law;

c) That the author be in charge of the prevention or prosecution of the offences provided for in this Law;

d) That the author shall prevail in his public office, use arms or pursue his profession; They relate in an immediate way to the health of the people;

e) That the criminal act has been committed by an organised criminal group from which the defendant is a party;

f) The author has participated in other internationally organised criminal activities; or has participated in other illicit activities the execution of which is provided by the commission of the offence;

g) That the fact has been committed using violence;

h) That the author has victimised or used minors;

i) That the author has been found guilty, in an analogous offence, by a national court.

In the above cases, the penalty may be increased by up to a third

SPECIAL ATTENUANTS

Art. 55. -The penalty may be reduced to half of the minimum indicated in this Law, in the following cases:

a) If during the extrajudicial proceedings or within the process of instruction, the imputed will reveal the identity of the authors or accomplices and will provide sufficient data to process these;

44444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

17

b) If during extra-judicial proceedings or within the process, until before the judgment, information that makes possible the seizure or seizure of drugs or goods that are your product.

CRIME CONTEST

Art. 56.-If, as a result of the facts referred to in this Law, other criminal figures have been completed, the rules of the contest for crimes will apply.

CHAPTER V

SPECIAL PROVISIONS

THE AGENTS RESEARCH.

Art. 57.-Members of the Anti-Narcotics Division, when their acts are necessary in the investigations they carry out in relation to the conduct described in Chapter IV of this Law, shall have the quality of witnesses and not of imputed, provided that act within the orders and authorizations written to them by the Chief of the Anti-Narcotics Division or the Chief of the Anti-Narcotics Division at that time.

When with the occasion of acts performed in the exercise of their duties the members of the Division Anti-narcotics, injures a legal good, will constitute a legal presumption that it works in favor of the agent cause of justification or guilt, the report sent to the Office of the Prosecutor General of the Republic duly ratified by the head of that division, to which those members belong, about the circumstances in which the events occurred.

CONTROLLED PURCHASE TECHNIQUE

Art. 58.-Police, by means of Encovered Agents, will be able to make controlled purchases of drugs, using money, securities or any other means of effective payment; which may be facilitated by the same police institution.

(a) to carry out a preventive or seizure of money, securities or the like, once the source of the money has been established before the court which is aware of the case and has been established in turn that it has been provided by the police as a means of necessary in the investigations they carry out, must be returned immediately to the Police Corporation; If the origin of the money invested in the purchase controlled by the Police Corporation and the preventive or seizure is proven is not sufficient to reintegrate the investment by the Police, this institution may recover the invested through the Financial S istema, provided that the person to whom the controlled purchase was made has active operations with the country's banks.

When the Controlled Purchase involves investment or payment deposit in the foreign, the procedure set for the Watched Deliveries will be used for recovery.

the act shall be lifted by a record with all the formalities laid down by the General Law, which shall be assessed as documentary evidence in the relevant court.

44444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

18

MONITORED DELIVERY TECHNIQUE

Art. 59.-The Office of the Prosecutor General of the Republic shall authorize and supervise the "Supervised Delivery" procedure provided for in Article 11 of the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

The authorities of the managing State shall, as soon as possible, provide the Office of the Prosecutor General of the Republic with information concerning the actions taken by them, in relation to the goods subject to the delivery procedure. monitored and subsequent court acts.

Once a process has been initiated, the Prosecutor General's Office General of the Republic, may authorize the use of the supervised delivery procedure. You may also ask the foreign authorities to know of a process where the supervised delivery procedure has been mediated, the referral of all the process-related ones, which may be used in the process.

With the consent of the interested parties, the illicit remittances, the supervised delivery of which has been agreed upon, may be intercepted or authorized to continue intact or may be replaced, in whole or in part, by the parties. narcotic drugs or psychotropic substances that contain.

COLLABORATORS

Art. 60. IN THE CASE OF AN INVESTIGATION AND UNDER THE STRICT SUPERVISION OF THE ATTORNEY GENERAL ' S OFFICE, THE POLICE MAY ASSIST NATIONAL OR FOREIGN COLLABORATORS TO PARTICIPATE IN A COVERT POLICE OPERATION; INSTITUTION SHALL KEEP IN RESERVE ITS IDENTIFICATION, IN ORDER TO GUARANTEE THEM THE PHYSICAL OR PERSONAL INTEGRITY, BEING ABLE TO ADOPT THE MEASURES PROVIDED FOR IN THE CRIMINAL PROCEDURAL CODE FOR THE PROTECTION OF WITNESSES. (1)

The Anti-Narcotics Division with the knowledge of the Office of the Prosecutor General of the Republic must keep a record of the collaborators mentioned in the previous paragraph under strict reserve.

BANKING OR TAX SECRECY QUIESCE ACCOUNTS

Art. 61.-The Banking Secret, as well as the discretion in tax matters, will not operate in the investigation of the crimes referred to in this Law; the information that will be received will be used exclusively as evidence in that investigation and only may be ordered by the Judge of the case or the Office of the Prosecutor General of the Republic.

For the purposes of seizing or requiring the filing of bank, financial or commercial documents, it shall be necessary to order a Judge, who shall issue it when is from the same car that orders the start of instruction.

The Prosecutor General's Office Republic, where the urgency of the case so requires, order the immobilization of the bank accounts of the indexed while the respective process or investigation elapses.

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC ))) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

19

INFORMATION REQUIREMENT

Art. 62.-The Office of the Prosecutor General of the Republic may request information from any state, autonomous, private or natural persons for the investigation of crimes referred to in this Law, being obliged to provide the information requested.

INFORMATION COLLECTION

Art. 63.-The Office of the Prosecutor General of the Republic and the Anti-Narcotics Division will create and maintain a database related to drug crimes, where it will collect both national and international information.

TEMPORARY CLOSURE OF ESTABLISHMENTS.

Art. 64.-When the circumstances of the case make it necessary, the Attorney General of the Republic or his Delegate within the investigation may order the temporary, total or partial closure, and for the time and strictly indispensable areas, of all place where it is known that any offence under this Law has been committed.

If the closure is ordered, during the processing of the proceedings the Judge by reasoned decision shall decide on his/her provenance on the basis of the justifications submitted by the interested party or its legal representative.

In the judgment The Court will have to rule on the confiscation of the property.

PROCEEDINGS FOR SEIZURE, DESTRUCTION AND REMISSION

Art. 65.-The investigator assigned to the case shall record in the proceedings of any seizure or seizure, destruction or confiscation of the drugs, substances, plants or parts thereof, in particular, detailing by technical means the quantity, weight, name, quality, degree of purity and any other characteristic which it considers important. Except as provided in the literal "l" of Art. 6.

In case the seizure is of drugs it will not be necessary to ratify it before the judicial authority; but in the case of kidnapping, seizure or freezing of objects or documents related to the crime, or which are presumed to be related to any illicit sanctioned in this Law must be requested its ratification before the corresponding court.

All seizure or preventive seizure; except for the vehicles of motor, ships, suitable and appropriate aircraft or useful objects for the fight against drug trafficking will be put to the order of the competent court, who must make up and deposit it in safe custody; when the seizure is drugs, it must be kept until the verification is carried out, by expert opinion, issued by technicians in the material, and must affix security seals to the vessels containing the seized.

444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF EL SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

20

In case of non-compliance with the above paragraph, loss, subtraction, destruction, inuse, or loss of drugs or objects related to the crimes here sanctioned, verified inside the Court, will be the holder of the person responsible for such loss; in this case it will be sent to the judicial authorities (a) to suspend the Judge's position definitively, without prejudice to the Criminal liability to the place; the same sanction shall be imposed on the investigator who made the seizure and the Prosecutor of the Case if it is possible to determine responsibility for the actions described above.

When the seizure or seizure In the case of money, the Judge must refer it to the General Administration of Treasury to be deposited in the account of the Ajenos Funds in Custody, within three days from the date it receives it.

DESTRUCTION DRUG COURT

Art. 66. Where the drugs or substances seized are no longer of interest to the end of the trial, the Judge shall order their destruction, unless it is established that they may be used for therapeutic purposes, in which case they shall be delivered to the Ministry of Public Health and Social assistance, as well as a written request from the Counternarcotics Division, may be delivered to them for training purposes only.

The instruments or equipment specially designed to commit the crimes sanctioning this Law, must also be destroyed, unless they can be used legitimately by a State entity.

FOR THE PURPOSES OF DESTRUCTION, THE JUDGE BY EXPERT SHALL CHECK AGAIN THE CHARACTERISTICS OF THE SEIZURE AND THE APPROPRIATE MEANS FOR ITS DESTRUCTION. IN THIS ACT THE PARTIES MAY BE PRESENT, FOR WHICH THEY SHALL BE DULY CITED; A REPRESENTATIVE OF THE TECHNICAL AND SCIENTIFIC POLICE DIVISION, GENERAL PUBLIC PROSECUTOR ' S OFFICE OF THE REPUBLIC AND SHALL BE MADE IN THE PRESENCE OF THE WITNESSES. NOMINEES BY THE JUDGE, AT THE PLACE, DAY AND TIME PREVIOUSLY INDICATED. (3)

The competent judge shall keep a sample of the drug that has been destroyed for the procedural verification of the existence of the crime, which shall be sent in custody to the Superior Council of Public Health to be destroyed as soon as possible. The final sentence is executed.

IN CASE OF INITIAL INVESTIGATION PROCEEDINGS WITHOUT IDENTIFYING THE AUTHOR OF THE ILLEGAL, HE MAY EXCEPTIONALLY ORDER THE SAID DRUG DESTRUCTION THE ATTORNEY GENERAL OF THE REPUBLIC, FOLLOWING THE SAME PROCEDURE SET OUT IN THIS ARTICLE. (1)

DISPOSITION OF SEIZED ASSETS

Art. 67.-All movable and immovable property, vehicles, instruments, equipment, securities, money and other objects used in the commission of the offences provided for in this Law, as well as the various goods or securities arising from such actions shall be seized or preemptively shipped, as appropriate.

444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF EL SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

21

If within ninety days of their seizure they were not claimed, these, with the exception of the securities and money will immediately pass to the Attorney General's Office for administration and assignment in the use of the Institutions responsible for fighting the Drug Trafficking.

CONFISCATION

Art. 68.-Create a special patrimony to be assigned resources from the liquidation of the seized assets of illegitimate origin destined in their order to the following activities:

a) Reforce financially the State institutions in charge or in support to combat drug trafficking in the country;

b) TO THE VICTIM AND WITNESS PROTECTION PROGRAM; (4)

c) Giving rewards to people who have contributed effectively and who collaboration has been duly proven, in the discovery of crimes contemplated in the present Law;

d) Rehabilitation programs for people who are victims of drug addiction; and

e) Social programs related to the prevention of drug addiction.

The liquidation of such assets or assets will be made public the auction, in accordance with the provisions of the Law on Storage, except that such goods or equipment serve to strengthen the institutions in the fight against the crimes referred to in this Law, in which case they will be assigned to them according to the procedures to be established by the Office of the Prosecutor General of the Republic.

The use of these goods shall be audited by the Court of Auditors of the Republic.

RETURN OF GOODS

Art. 69.-In the event that the money, profits, objects, vehicles or securities used in the execution of the crimes referred to in this Law, is not the property of the person involved, it shall be returned to its rightful owner when it is not responsibility for it, in this case and when the goods are seized or preemptively seized, will operate the displacement in the burden of proof, must be the supposed owner, the obliged to check the legitimate property of the within a period of two calendar months.

JUDICIAL PROVISION OF GOODS

Art. 70.-In the final judgment, the Tribunal will have the assets lost in confiscation to the Special Heritage of Crimes Relating to Drug Trafficking and Related Crimes, in order to be used for the service of the entities responsible for the fight against drug trafficking. drug.

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

22

When the seizure is money, it must also become part of the special estate, with the formalities above.

BENEFITS EXCLUDED

Art. 71.-The defendants of any of the crimes referred to in this Law shall not enjoy the benefit of the release or the conditional suspension of the execution of the sentence.

Those convicted of crimes committed against any of the aggravations of Article 54, shall not be entitled to the benefit of replacement of provisional detention.

RESERVATION OF INVESTIGATION

Art. 72. During the initial investigation and the nature of the crimes to be investigated, the actions of the Anti-Narcotics Division and the Office of the Prosecutor General of the Republic shall be reserved, without prejudice to the It forms some of the rights that the Constitution and other Laws confer upon the defendants.

EXCLUDED PROCESSES OF JURY KNOWLEDGE

Art. 73.-Excluded from the knowledge of the jury, the processes related to the crimes established in this Law.

EVIDENTIAL OF THE STATEMENTS OF THE CO-AUTHORS OR ACCOMPLICES VALUE

Art. 74.-In the cases of the crimes established in this Law, the statements of the co-authors or accomplices of the same crime are valid and will be appreciated as proof, when applying the rules of the sound criticism they agree with the other tests of the process.

EXTRA RULES

Art. 75.-As not provided for in this Law, the provisions of the International Conventions ratified by El Salvador, and the provisions of the common law that do not contradict it, will apply as appropriate.

SPECIALTY OF THE LAW

Art. 76.-This Law for its special character shall prevail over any other than the contrarian.

REPEAL

Art. 77.-Derogase in all its parts the Regulatory Law of the Activities Relating to Drugs, issued by Legislative Decree No. 728 dated March 05, 1991, published in Official Journal No. 52 Tomo 310 of the same month and year, as well as also its subsequent reforms and any other provision that the contrarien.

444444444444444444444444444444444444444444444444444444444444

REPUBLIC OF EL SALVADOR )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

23

VALIDITY

Art. 78.-This Decree will enter into force eight days after its publication in the Official Journal.

GIVEN IN THE LEGISLATIVE PALACE: San Salvador, two days of October of the year two thousand three.

CIRO CRUZ ZEPEDA PEÑA, PRESIDENT.

JOSÉ MANUEL MELGAR HENRIQUEZ, JOSÉ FRANCISCO MERINO LÓPEZ, FIRST VICE PRESIDENT. THIRD VICE-PRESIDENT.

MARTA LILIAN COTO VDA. DE CUELLAR, ELIZARDO GONZALEZ LOVO, FIRST SECRETARY. THIRD SECRETARY.

ELVIA VIOLETA MENJIVAR, FOURTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, on the thirteenth day of October of the year two thousand three.

PUBESQUIESE,

Francisco Guillermo Flores Pérez, President of the Republic.

Conrado López Andreu, Minister of the Interior.

D. O. No 208 Took No 361 Date: 7 November 2003.

REFORMS :

(1) D.L. NO 215, DECEMBER 4, 2003; D.O. NO. 228, T. 361, DECEMBER 5, 2003.

(2) D.L. NO 253, 22 JANUARY 2004; D.O. NO 32, T. 367, FEBRUARY 17, 2004.

(3) D.L. No. 1019, MARCH 30, 2006; D.O. No. 88, T. 371, MAY 16, 2006.

(4) D.L. No. 1032, APRIL 26, 2006;

444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA

LEGISLATIVE ASSEMBLY )) LEGISLATIVE INDEX 444444444444444444444444444444444444444444444444444444444444

24

D.O. No. 95, T. 371, MAY 25, 2006.

UNCONSTITUTIONALITIES:

* THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY MEANS OF SENTENCE No. 27, 30, 31, 38, 39, 41, 42, 49, 54, 56 AND 61/2006, ACCUMULATED, PUBLISHED IN THE OFFICIAL JOURNAL No. 196, TOMO 377, ON OCTOBER 22, 2007, ARTICLE 34 IS UNCONSTITUTIONAL BECAUSE OF THE CONSTITUTIONAL PRINCIPLE OF CRIMINAL LEGALITY (13/11/07 ROM/mldeb)

** THE CONSTITUTIONAL COURT OF THE SUPREME COURT OF JUSTICE, BY MEANS OF A RULING WITH REFERENCES Nos. 92-2007/97- 2007/98-2007/99-2007/100-2007/101-2007, PUBLISHED IN THE OFFICIAL JOURNAL No. 152, TOOK 384, ON AUGUST 19, 2009, DECLARES ART. 33 UNCONSTITUTIONAL FOR THE LEGAL-CRIMINAL CONSEQUENCE OF FINE, IN VIOLATION OF THE CONSTITUTIONAL PRINCIPLE OF CRIMINAL LEGALITY (18/09/09 ROM/mldeb)

*** LA THE CONSTITUTIONAL COURT OF THE SUPREME COURT OF JUSTICE, BY MEANS OF A JUDGMENT WITH REFERENCE No. 45-2010 OF DATE 11-10-2013, PUBLISHED IN THE D.O. NO. 197, TOOK NO. 401, OF 23-10-2013, DECLARES ART. 31 UNCONSTITUTIONAL, AS REGARDS THE LEGAL CONSEQUENCE-PENALTY OF FINE, FOR FAILURE TO COMPLY WITH THE PRINCIPLE OF LEGALITY REFERRED TO IN ART. 15 CN. AND IN RELATION TO THE MANDATE FOR CERTAINTY AND TAXATIVITY OF THE PENAL PROVISIONS. (26/11/13 JQ)

LM/ngc

7/6/06

44444444444444444444444444444444444444444444444444444444444444

SAVIOR REPUBLIC )) CENTRAL AMERICA