Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 227.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That it is the responsibility of the State to ensure public safety throughout the nation, through the National Civil Police, with the purpose of keeping peace, tranquility and order both in the urban as in rural areas, with strict adherence to respect for human rights and under the direction of civil authorities;
II.-That in accordance with the Peace Accords, signed in Chapultepec, the need was recognized to regulate the activity of all entities, groups or persons providing security or protection services to individuals, companies or state institutions, whether autonomous or municipal, in order to ensure that their activities are adhered to to legality and with strict respect for human rights;
III.-That the legislation existing rules governing the activities carried out by undertakings, establishments, individual watchdogs, associations of private individuals and detectives, does not facilitate legalisation, controls or the provision of penalties for infringements committed in the development of its activities, which makes it necessary to issue a new law that sold such voids;
BY TANTO,
in use of its constitutional powers and at the initiative of the Deputies José Manuel Melgar Henriquez, Rodrigo Avila Aviles, Jose Antonio Almendariz Rivas, Juan Ramon Medrano Guzman, Rosario Acosta, Nelson Napoleon Garcia Rodriguez, Isidro Antonio Caballero Caballero, Juan Mauricio Estrada Linares, Hector Nazario Salaverria Mathies, Nelson Funes, Louis Agustin Calderon Cáceres, Carlos Walter Guzman Coto, Agustin Diaz Saravia and Ernesto Angulo,
DECREE THE FOLLOWING:
PRIVATE SECURITY SERVICES LAW
TITLE I
SINGLE OBJECT AND FIELD OF LAW ENFORCEMENT
Art. 1. This law is intended to regulate, register and control the activity of natural or legal persons providing private security services to persons and their movable or immovable property.
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For the purposes of this law, it shall be understood by private security service entities, all natural or legal persons detailed in the following article.
Corresponding to the Ministry of Public Security and Justice, through the National Civil Police, the Registry and Control of the activities mentioned.
Art. 2.-They shall be subject to the application of this law:
a. Agencies or companies owned by natural or legal persons of a private nature that engage in training, transport of securities, the presentation of custody, surveillance and protection services to natural or legal persons and their property, which shall be referred to in this law as Private Security Agencies.
b. Independent associations or persons, duly authorised, engaged in the supervision and protection of persons and dwellings in neighbourhoods, colonies or geographically determined areas, which shall be referred to in this Law as Associations of Independent Watchers and Watchers respectively.
c. Private research agencies.
d. Natural or legal persons having their own security service for the protection of persons at the service of the same property and the transport of securities, which shall be referred to in this law as own protection services.
TITLE II
SINGLE CHAPTER OF THE AUTHORIZATION, REGISTRATION, AND CONTROL OF PRIVATE SERVICES
SECURITY
Art. 3.-The Division of Registry and Control of Private Security Services, of the National Civil Police, is created to supervise the legal and proper functioning of those entities authorized to provide private security services, in close coordination with the Arms and Explosives Division for the control of arms.
Art. 4.-For the purposes of the previous article, the Division mentioned shall be responsible for keeping the following records:
a. Natural or legal persons governed by Article 2 of this Law;
b. Detailed payroll of the security and administrative staff of the aforementioned entities, which shall comprise the personal data, fingerprints, as well as all the information necessary for the identification of such personnel;
c. Inventory of facilities, armaments, ammunition and other equipment; and
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d. The existence of service contracts concluded by natural or legal persons providing private security services, which shall contain: type of service, name or social reason of the contractor, address of the undertaking, telephone, fax, name of the responsible person and number of assigned security agents.
Private Security Services will be required to update, monthly, the information described above.
Art. 5.-The Director General of the National Civil Police shall, after the presentation and verification of the requirements referred to in this law, resolve requests for authorization from private security agencies; vigilante associations; independent watchdogs; private research agencies and the protection services themselves, within 30 working days following receipt of the request and the respective documentation, after favourable opinion of the Division of Security Private Services Registration and Control.
Prior to start of operations must be given the appropriate authorization by the Director General, after the necessary inspections to verify the inventory of the facilities, weapons, ammunition and other equipment and the verification of the documentation staff.
Art. 6.-In the event that the Directorate General of the National Civil Police will refuse the authorization requested for not complying with the legally established requirements, it will return the documentation submitted for the observations to be remedied.
When the applicant is not in agreement with the reasons for the refusal of the authorization, this resolution may be used before the competent authority.
Art. 7.-The authorization for the operation of private security companies or agency of investigators shall be granted in accordance with the provisions of the preceding articles, if they are met with the requirements laid down in this law, payment of the corresponding tax rights.
The certification of the same must be published in two newspapers of greater circulation of the Republic, running on behalf of the interested party the costs of these publications.
The agencies and duly authorised natural persons shall submit a report of their activities three months to the National Civil Police. The respective regulations will determine the content of that report.
Art. 8.-The rights to be cancelled by the authorisation for the operation of a company for the provision of private security services or for vigilante associations shall be established as follows:
a. Companies, agencies or vigilante associations that have up to thirty people will pay the equivalent of three minimum monthly salaries.
b. Those who have thirty-one to sixty people will pay the equivalent of six monthly minimum wages.
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c. Those who have sixty-one people will pay the equivalent of ten minimum monthly salaries.
Art. 9.-The operating authorization lasts three years, and may be renewed for equal periods, prior to the payment of the corresponding rights.
Art. 10.-Exceptionally, the Minister of Public Security and Justice, prior to the study and verification of the National Civil Police through the Division of Registry and Control of Private Security Services, may determine the number of personnel so as the proportion of weapons, ammunition, equipment and material in general to which private security services may be available where they do not correspond to the needs of the service they provide or for relevant reasons of public or defence security;
Art. 11.-All natural or legal persons referred to in Article 2 of this Law shall be subject to the supervision and control of the National Civil Police, in order to verify the faithful compliance with the obligations established therein.
Art. 12.-The National Civil Police, after coordination with private security service companies or agencies, shall carry out at least every six months an inspection at the facilities or offices of these.
Inspections may also be carried out. Without prior notice, in the private security service companies, those who will be required to provide all necessary information and collaboration, provided that they mediate an administrative order of the Division concerned; verify, in addition to identifying the members of the commission to carry out such an order. The same operation may also be carried out in the places where the service is provided, with the written consent of the client. A record will be lifted from all events.
Art. 13.-In all matters related to their professional conduct, the personnel of the private security services shall be governed by the rules contained in the Code of Conduct for the private security services personnel established in the a regulation of this law.
Within the inspections that the National Civil Police will verify to the private security services, the supervision will be understood, through adequate means of knowledge and correct handling of the norms that regulate their performance.
Art. 14.-The persons responsible for the organizational and operational aspects of the private security services shall have sufficient knowledge of the laws in force in the country concerning the matter of public and private security, guarantees
They will also have experience in management and management of security personnel and a proven record of respect for human rights, all of which will also be subject to effective verification of human rights. part of the National Civil Police.
Art. 15.-The Director General of the National Civil Police will exceptionally be able to order the private surveillance service to be temporarily suspended in a certain area or sector, if the execution of any official task scheduled so requires. It is the duty of the security company to collaborate with the National Civil Police in whatever is requested.
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Also when serious anomalies in the performance of the functions of the private security services are observed or when the actions of these stores to hinder a judicial and police procedure, disturb the public order or the security State internal, the Directorate General of the National Civil Police, may order the suspension of operations of such services and the security personnel of these services shall be subject to the orders and guidelines of the Police Corporation, as long as the anomalous situation lasts and is definitively resolved on the basis of authorization for the operation of those.
In the cases mentioned above, the National Civil Police will assume responsibility for the functions of the agents of the private security agencies for the duration of the respective procedure. Upon completion of the same, he will formally deliver to the private security company that previously relieved at that service.
Art. 16.-At the time of a legal strike or work stoppage of some of the private security services, the manager or the maximum management authority of the same will make available to the Division of Supervision and Control of the Services Private security of the National Civil Police and through an inventory, the totality of the armament, ammunition and safety equipment that those possess the specific place where the strike or work stoppage is taking place. In case of non-compliance this entity will be subject to the corresponding penalties.
Art. 17.-Likewise, from the time and day when the private security services personnel go on strike, they will not be able to use the uniforms and flags authorized by the National Civil
. authorize the restitution of the services, for which the armament, ammunition and equipment retained by that cause will be returned.
TITLE III REQUIREMENTS FOR THE AUTHORIZATION OF COMPANIES OR SECURITY AGENCIES
CHAPTER I PRIVATE SECURITY AGENCIES
Art. 18.-People who wish to establish agencies or companies engaged in the provision of private security services shall meet the following requirements:
a. Submit a request to the Directorate General of the National Civil Police, which shall contain the name and the general name of the applicant, photocopy of the personal identity document, Tax Identification Number, Number of the Instituto Salvadoran del Seguro Social or certified copy of the writing of the constitution of the society duly registered in its case;
b. An indication of the type of services the company will provide, its operating plan, as well as the training and training program its staff will receive;
c. A feasibility study that demonstrates the ability of the company to meet adequately the services it offers;
d. Trade Registration;
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e. To present evidence of a lack of criminal and police records of the natural person who owns the company or members of the Company's Directive;
f. The receipt of cancellation of the corresponding tax rights.
In the case of legal persons they must present the respective accreditation of their legal representative.
Art. 19.-Once the private security agencies or companies have been authorized, they will request the Director of the National Civil Police, authorize the beginning of operations, for which they must present:
a. Payroll of the security and administrative personnel with which the company will begin operations, as well as the inventory of weapons, ammunition and equipment it has at that time.
b. Design of the uniform that will be used by its members in the performance of their functions, which in no case should be similar to that of the National Civil Police, the National Academy of Public Security or the Armed Forces and
c. The following insurance company's record:
i) Insurance to cover damages to third parties, the amount of which will be agreed with the interested parties;
ii) Collective life insurance for the staff working in the company, which must be at least twenty-five times the minimum monthly salary in force or in his or her default affidavit that he will assume such protection.
Art. 20.-Staff hired by security agencies or companies to perform
as a private security agent must meet the following requirements:
a. To be Salvadoran or foreign with permanent residence and when the principle of reciprocity operates;
b. Be over 18 years of age;
c. Possess a level of non-minor sixth grade studies;
d. Be in good mental health and in acceptable physical conditions for the function that you will perform under medical certification;
e. Present constances of lack of criminal and police records;
f. REGISTER WITH THE NATIONAL ACADEMY OF PUBLIC SECURITY, WITHIN A PERIOD NOT EXCEEDING 30 DAYS FROM THE DATE OF ITS RECRUITMENT, TO
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EFFECT OF REQUESTING THE PROGRAMMING OF THE PSYCHOTECHNICAL TEST WHOSE SATISFACTORY APPROVAL CONSTITUTES A REQUIREMENT OF ADMISSION TO THE RESPECTIVE TRAINING COURSE. (1)
g. AFTER COMPLYING WITH THE PROVISIONS OF THE PREVIOUS LITERAL, IT MUST RECEIVE AND APPROVE A TRAINING COURSE THAT INCLUDES THE SUBJECTS OF PROCEDURES OF PRIVATE AGENTS OF SECURITY AND HUMAN RIGHTS, AMONG OTHERS, RELATED TO THE PURPOSES OF SUCH TRAINING, ACCORDING TO CUPO AVAILABLE AT THE NATIONAL ACADEMY OF PUBLIC SECURITY, WHERE THE RESPECTIVE COURSES WILL BE DEVELOPED.
NOT APPROVAL OF THE TRAINING COURSE REFERRED TO, CONSTITUTES A PROHIBITION TO PERFORM AS A PRIVATE SECURITY AGENT; THE VIOLATION THEREOF WILL BE CONSIDERED A SERIOUS FAULT IMPUTABLE TO THE PRIVATE SECURITY SERVICES ENTITY CONTRACTOR. (1)
h. Possess license for use of firearms.
Art. 21.-Agencies providing private security services must comply with all relevant provisions of the Commercial Code.
Art. 22.-Such entities shall be subject to compliance with the requirements laid down in other laws with respect to the weapons, ammunition, equipment or materials required in the performance of their duties.
Art. 23.-All private security agencies shall be required to keep records of their personnel, weapons, ammunition, equipment, and service contracts to be held; such records shall be regularly updated.
records may be inspected at any time by the National Civil Police, without prejudice to the provisions of Article 12 of this Law.
Art. 24. Private security agencies must have adequate facilities for the storage of weapons, ammunition and equipment in general.
Art. 25.-Private security agencies that, within their commercial turn, understand training for the use of firearms and shooting practices, must carry out such training in facilities authorized by the Ministry of Defense. National, according to the Law of Control of Firearms, Ammunition, Explosives and Similar Articles.
Art. 26. With regard to security measures in the use of firearms in firing ranges, the authorization of the Ministry of National Defense will be subject to compliance with the requirements laid down in this field. respective.
Art. 27. Private Security Agencies shall also report to the National Civil Police on the individual property of their personnel that is used for the provision of the services provided by that entity.
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In no case should it be a requirement to work in an agency or private security company, possess a firearm.
Art. 28.-These agencies will also be able to provide the private research service, as long as they are authorized to do so.
CHAPTER II INDEPENDENT VIGILANTE AND VIGILANTE ASSOCIATIONS
Art. 29.-They may operate vigilante associations, duly authorized by the Director of the National Civil Police, whose purpose is to provide day and night surveillance in neighborhoods or geographically delimited areas, for the protection of persons and their property.
They may also provide this independent vigilant service, understood by natural persons who individually exercise such functions without being associated.
Art. 30.-The Associations of Legally Constituted Vigilantes, for the normal development of their functions shall comply with the following requirements:
a. Submit a request to the Directorate of the National Civil Police, which will contain full and full names and surnames of the representative or legal representatives of the association;
b. Submit a document certifying the legal personality of the Association, accompanied by a copy of its statutes;
c. Present payroll of all members, who must comply with the requirements laid down in Art. 20 of this Law;
d. Present certification or credential of the representative or legal representatives of the association.
Art. 31.-To be authorized by the National Civil Police as an independent watchdog, the applicant shall comply with the same requirements as provided for in Article 20 of this Law.
The National Civil Police will extend to the vigilante authorized a Carnet for identification purposes in the performance of its functions.
Art. 32.-The members of the vigilante associations, as well as the independent vigilantes, in the performance of their duties, will wear a uniform suit, which will be determined by the National Civil Police and will be of color and characteristics common to all independent associations or vigilantes.
Independent associations and vigilantes must also use their suit, a beetle or distinctive distinctive character that identifies and particularizes them.
Art. 33.-The vigilante associations must inform the National Civil Police by means of a detailed record, on all weapons, ammunition, other equipment and accessories, that are
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ownership of the association, as well as those that are individual property of its members and that are intended for the use of the same for the performance of their duties.
They shall also report on ammunition and defense equipment or communication that can be used for the development of their activities.
Independent vigilantes must also account to the National Civilian Police about the weapons, ammunition, and other equipment and accessories, which will be used for the performance of their functions, which must be registered according to the provisions of the law on the subject.
Art. 34.-The vigilante associations and independent vigilantes shall be subject to the exclusive provision of the services provided for in this law, through the work of travel and surveillance, and consequently they shall not be able to engage in the provision of individual personal security services or internal protection of real estate, except prior to the authorization of the National Civil Police, without prejudice to the possibility of acting in the pursuit and capture of criminals caught in flagrant crime.
Art. 35.-The vigilante associations will be obliged to ensure the correct and honest performance of the professional activities of their members and must inform the corresponding instance of the National Civil Police, about those irregularities or unlawful acts which the vigilantes commit, in order to proceed to take the relevant measures of law, without prejudice to the statutory or regulatory penalties imposed internally by the association.
CHAPTER III AGENTS PRIVATE RESEARCH
Art. 36. Private investigators ' agencies may operate, which will be active in carrying out inquiries or inquiries, required by individuals, in order to carry out the clarification of certain facts.
Art. 37.-Such agencies shall, for their authorization, comply with the requirements relating to the Private Security Agencies.
Art. 38. In order to perform the functions of private investigators, the National Civil Police must be required to be authorized, for which they must comply with the same requirements as provided for in Article 20 of this Law, and check the degree of the minimum.
The National Civil Police, met the requirements, will extend a carnet to the authorized private investigator for identification in the performance of their duties.
Art. 39.-The work performed by these agencies will not be considered as an auxiliary activity to the administration of justice.
These agencies will be obliged to immediately communicate to the Attorney General of the Republic and the corresponding Unit of the National Civil Police, the commission of those criminal acts that are persecutable of their own office, that in the performance of their functions they have knowledge and the result of their investigations when they are required by that authority.
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Art. 40.-The agencies of investigators or personnel of the same who wish to have and carry firearms must be subject to the regulations established in the respective law and must inform the National Civil Police, in detailed form the number, class of weapons, quantity and type of ammunition, as well as equipment in general to be used in the performance of their activities.
Art. 41.-It is strictly prohibited in the exercise of the function of private investigation, to violate the right to honor, to personal intimacy, to physical, moral and family integrity and to the image
. any kind of correspondence, as well as interfering with and intervening in any kind of communications without prejudice to the criminal liability to which there would be.
CHAPTER IV PROPRIETARY PROTECTION SERVICES
Art. 42.-Any natural or legal person may have its own security service for the protection of its life, heritage and transport of values.
Art. 43.-Natural or legal persons who will hire up to four guards will be required to report to the National Civil Police's Division of Registration and Security Control:
a. Name and nature of the contracting person;
b. Payroll of the security personnel to include, personal data, fingerprints and any other information that would permit the identification of such personnel in an unambiguous manner;
c. Address where the service will be provided;
d. Inventory and photocopy of the registration of weapons, ammunition and other equipment.
Art. 44.-Natural or legal persons who are more vigilant than those established in the previous article for their authorization and operation shall meet the following requirements:
a. Submit a request to the Directorate General of the National Civil Police, which shall contain first and last names as well as the general of the applicant and photocopy of the document of personal identity or certified copy of the writing of the constitution of the company duly registered in its case;
b. Indication and description of the buildings where the surveillance services are to be provided and how the surveillance services are to be performed;
c. In the event that their own values are carried, the way in which such activity will be developed should be described;
d. To present a payroll of the security personnel, which shall comprise the information referred to in Article 20 of this Law;
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e. Present inventory of weapons, ammunition and other equipment;
f. To present design of the uniform that the security personnel will use in the performance of their functions, which in no case should have similarity with that of the National Civil Police, the National Academy of Public Security or the Armed Forces.
Art. 45.-Persons with their own property protection services will be obliged to inform the National Civil Police, in particular of changes in the payroll of personnel and weapons to be used, as well as of any information required by the same.
Art. 46.-In the event of a labour dispute, members of the property protection services may not intervene in the same case for or against any of the parties, without prejudice to the fulfilment of their obligations.
Party or all the staff of the estate protection, the natural person who owns the company or the legal representative if he is a legal person, will inform and make available to the National Civil Police the part or all of the weapons, ammunition and equipment where appropriate.
TITLE IV VIOLATIONS, SANCTIONS, PROCEDURES AND RESOURCES
CHAPTER I VIOLATIONS AND PENALTIES
Art. 47.-Violations of the provisions of this law and its regulations, without prejudice to the civil or criminal liability to which it occurs, shall be punishable by:
a. Minor faults: which will be sanctioned with an equivalent fine of two to ten minimum monthly salaries, in force at the time of the imposition of the penalty.
b. Serious misconduct: which shall be punishable by an equivalent fine of eleven to sixty minimum monthly salaries, in force at the time of the imposition of the penalty.
c. Very serious faults: to be sanctioned with the definitive cancellation of the authorization to operate as a private security service.
Art. 48.-They are considered minor faults:
a. The lack of notification to the National Civil Police, about the change of the legal representative of the private security entity within thirty working days to the election of this.
b. Not to make the knowledge of your staff the Code of Behavior, to which persons who provide private security services and other rules regarding their performance are subject to the law.
c. Do not report to the corresponding Division of the National Civil Police, the withdrawal or dismissal of hired personnel either because they resign or because they are removed by the commit.
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of faults; in the latter case, you must also report the fault class committed.
d. Do not provide your employees with the identification card that credits them as members of the private security service.
e. Do not submit quarterly reports to the corresponding division of the National Civil Police, established in this law.
f. Failure to comply with the requirements of the regulations regarding facilities for the operation of private security services offices.
g. Do not inform the National Civil Police, the loss, theft, theft or theft of weapons owned by the company; as well as the documentation of the same, as established in the law concerned.
h. Do not require the use of firearms for the use of firearms by the company's personnel for their hiring; do not provide for the registration of the holding or the driving of firearms to the same or to be expired at the time of the inspection, supervision or demand by members of the National Civil Police.
i. Do not adequately identify with company flags the vehicles they employ for the performance of their functions, except for exceptions authorized by the National Civil Police.
j. Employ or permit the use of uniforms and distinctive features other than those authorized by the National Civil Police.
k. To prevent the staff of your company from being subject to the examination of the control of alcohol, drugs or similar substances, when required by the competent authorities.
l. Not to carry an adequate control of the activities of the private security company, through books authorized by the respective unit of the National Civil Police, which consist of exit and commission entry; appointment of services and relief personnel; fire arms, ammunition and equipment exit and entry; daily news, permit control and personnel licenses, inventory control; departure and entry of correspondence and control of daily attendance of personnel with functions operational and administrative.
m. Disrespect or tolerate the disrespect by employees of your company, personnel of the National Civil Police, who are on duty and duly identified.
n. Allow your company's personnel to request identity documents in an arbitrary manner to persons, outside of the privileges that the law allows them.
or. Tolerate your company's personnel to practice requisitions for people or their property, outside of the privileges that the law allows them.
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p. Allow your company's staff to restrict or prevent free transit to people outside the privileges that the law allows them, and
q. Allow your company staff to treat people incorrectly.
Art. 49.-Serious faults are considered:
a. Do not inform the Office of the Prosecutor General of the Republic and the National Civil Police about the criminal acts committed by the personnel of your company, in the performance of your work.
b. Perform private security activities with personnel who have not been subject to legal registration by the owner of the company.
c. Do not inform the National Civil Police, about the criminal sanctions that have been the object of the owner, partner or any of the members of the management bodies of the company.
d. To be without or have not renewed the contracts of: liability insurance for damages to third parties and life insurance to the personnel involved in the company or in its defect, the corresponding declaration.
e. Do not comply with the law to the staff employed by your company.
f. Refer to the information required by the National Civil Police in a biased manner with obvious malice or to hide data that is necessary to determine punishable facts.
g. Prevent staff hired by your company from providing the legally established collaboration when required by the National Civil Police.
h. Refuse to comply with or promote that the personnel of your company do not comply with the orders given, by members of the National Civil Police duly identified in compliance with legal procedures.
i. Provide that your company's personnel perform apprehensions not permitted by law.
j. Carry out or promote that the personnel of your company carry out investigations of exclusive competence of the Office of the Prosecutor General of the Republic or the National Civil Police.
k. Do not keep or allow the staff of private investigators in your company not to maintain the confidentiality of the investigations that you conduct, unless it is required by competent authority.
l. Do not report or allow the staff of your company not to inform the Attorney General of the Republic and the corresponding Unit of the National Civil Police of the crimes or faults that have had a certain knowledge.
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m. Allow staff hired by your company to inflate inhuman treatment.
n. Do not make available to the National Civilian Police, in the shortest possible time, those subjects who have been caught in the fire.
or. Provide private security service for more than 15 days, without having concluded the corresponding contract.
p. Do not pay the corresponding fines, within the time limit set in the respective resolution.
q. Use vehicles with flags or characteristics similar to those of the National Civil Police or Armed Forces.
r. Lack of civil liability insurance for third parties, life insurance and non-provision of social security to private security entities ' personnel.
s. To promote within the staff the violation of the Code of Conduct or to allow the lack of respect or to deny collaboration to the civil servants.
t. Do not make available to the corresponding Unit of the National Civil Police, the armament, ammunition and equipment, in case of strike or strike.
u. Do not allow, hinder, hinder or not provide collaboration and information; for the development of required inspections by the National Civil Police.
v. Subcontracting entities that do not have authorization to provide private security services.
w. The recidivism of the same slight fault for three times over the course of a year, when it is attributable to the company.
Art. 50.-They will be considered very serious faults:
a. Provide private security services, without the proper authorization of the National Civil Police.
b. The provision of services other than those authorized by the Directorate General of the National Civil Police.
c. Use weapons and ammunition not permitted by law.
d. Use in research or promote your company's personnel to use media or techniques that attack people's rights and freedom.
e. Interfere with the investigations carried out by the Judicial Branch, the Prosecutor General's Office and the National Civil Police.
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f. Do not report the results of the investigations carried out, if required by the National Civil Police, and
g. The recidivism of three serious faults for one year.
CHAPTER II PROCEDURES AND RESOURCES
Art. 51-The penalties for the violations established in this law will be applied by the Director of the National Civil Police, who will henceforth be referred to as the Director, prior to the due process of the due process.
The Director may delegate the instruction of the procedure to officials of their dependency or elements of the National Civil Police.
Art. 52.-The administrative penalty procedure shall be initiated on its own initiative, by complaint or by notice to the corresponding division of the National Civil Police or the Director.
When the National Civil Police have knowledge of any (a) an infringement of this law shall immediately be carried out to inspect the place or places where the offence was committed, and a record shall be drawn up. The inspection report which shall be lifted shall constitute proof of the infringement.
Art. 53. Prior to the initiation of the sanctioning procedure, prior actions may be carried out by officials of the National Civil Police, with the purpose of determining the concurrence of circumstances on a preliminary basis. to justify it.
Art. 54.-The instruction of the procedure shall be ordered by means of a reasoned decision, in which the reasons for instructing it are clearly expressed.
The order ordering the instruction shall be notified to the alleged infringer, observing the formalities laid down in Article 220 of the Code of Civil Procedure. In the act of the notification, a copy of the act shall be delivered to the effect and the previous action if any.
The alleged infringer shall have within 15 days of the following of the notification to provide the allegations, documents and information that it deems appropriate, and must propose the means of proof that it intends to assert, pointing out the facts to be tested.
The period of the argument will be opened to the test. for eight business days.
Art. 55.-Reports from Civil National Police officers will constitute evidence.
The evidence will be evaluated in accordance with the rules of sound criticism.
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Art. 56.-The resolution that decides the origin or provenance of the administrative sanctions, shall be duly motivated and shall resolve all the issues raised by the parties.
Art. 57.-The judgment delivered, will admit the review appeal of which the Director of the National Civil Police will know and will resolve it with a view of cars within ten working days. The time limit for filing will be five days from the notice of the resolution.
Art. 58.-The final resolution shall be appable in the only effective effect and shall be dealt with in accordance with the provisions of the Code of Civil Procedures; with the modifications that are established in this Chapter.
The appeal shall be brought to the Director of the National Civil Police in writing, to the Minister of Public Security and Justice, who may modify, confirm or issue a new resolution.
The time limit for resolving such an appeal shall be 30 working days, counted from the time of interputting.
TITLE V BANS AND PROVISIONS GENERALS
CHAPTER I BANS
Art. 59.-They may not be owners, shareholders or contractors of Private Security Agencies or Companies, the active members of the National Civil Police; nor shall the Minister of Public Security and Justice, the Director General of the National Civil Police National Civil Police, the Sub-Director of Gestion and Operations and the Chief of the Registry Division of the Private Companies of Security, nor their relatives in the first degree of consanguinity or affinity, who will also be inhibited during the three years after they have ceased their functions.
Art. 60.-The existence or operation of private armed groups of any kind that are not authorized in accordance with this law and its regulations is prohibited.
Art. 61.-Police procedures are prohibited for members of private security services.
Art. 62.-It is strictly prohibited for natural or legal persons who have their own service of patrimonial protection and the transport of securities, to provide this service to third parties or to carry out other activities other than those contemplated in this law.
CHAPTER II GENERAL PROVISIONS
Art. 63. The security personnel of the diplomatic representations or accredited international missions shall be governed by international treaties or conventions, or by agreement between the Government and shall not be subject to this Law.
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Art. 64.-Persons or entities subject to this Law shall be fully subject to the Law of Control of Firearms, Ammunition, Explosives and Similar Articles.
Art. 65.-All natural or legal persons referred to in Article 2 of this Law shall notify the National Civil Police monthly of any changes in their personnel, contracts for the provision of services, offices, branches, facilities, armaments, ammunition and equipment.
Art. 66.-The agencies or companies of private security services, are obliged to report to the nearest post of the National Civil Police, in writing, using any means of immediate form of all criminal fact that they have knowledge.
They will also report to the Chief of the Division of Private Registration and Control of Security Services on the dangerousness of the members of your company.
Art. 67.-All natural persons subject to this Law shall undergo a drug control examination, when required by the National Civil Police, which shall be carried out in the form, time and in accordance with the procedure established by she.
Art. 68.-Any person who drives vehicles, armored or otherwise, owned by the agencies or companies regulated by this law, are obliged to attend to the signs of high and the requirements of the members of the national civil police, prior to their due identification as such.
Art. 69.-The owners of the private security companies must instruct their security members and the staff in general to ensure that they respect and collaborate with the public officials, in whatever is necessary to the effect of the fact that they are able to move and comply with the duties imposed on them by the charge; the non-compliance with the above will lead to the imposition by the Director of the National Civil Police of the sanctions established in this law.
It is the duty of the security members and the administrative staff of private companies to
TITLE VI
CHAPTER UNIQUE TRANSITIONAL, REGULATORY AND ENFORCEMENT PROVISIONS
Art. 70.-The private security services regulated in Article 2 of this Law, which at the date of entry into force of this Law are already operating, will have a period of one hundred and twenty days to fulfill or to complete the requirements here
within the month following the deadline set in the previous paragraph, the National Civil Police will verify that the provisions of the second paragraph of Article 5 of this Law are complied with in order to resolve the authorization.
Art. 71.-If the verification carried out by the National Civil Police on the private security services already existing for the duration of this Law, it is determined that there is excess over the limits of quantity of arms, ammunition or equipment, that will collect such surpluses, which
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will remain in their custody and must be referred to the corresponding Unit of the Ministry of National Defense, for the appropriate legal procedure.
Art. 72.-Private security agents who, upon entry into force of this law, are providing their services and do not possess the license for the use of firearms, shall have a period of 180 days for their obtaining.
Art. 73.-Security agents, investigators and guards, who are providing their services and have not conducted the course taught by the National Academy of Public Security, will have a year starting from the life of the to comply with that requirement.
Art. 74.-The Directorate-General of the National Civil Police will elaborate the instructions necessary for the development of supervision on private security services.
Art. 75.-The President of the Republic shall issue the Regulation of this Law within ninety days, counted from its validity.
Art. 76.-Legislative Decree No. 818, dated 23 February 1994, published in Official Journal No. 56, took place on 21 March of the same year, as well as any other provision that opposes the provisions of this law.
Art. 77.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the fourteen days of the month of December of the year two thousand.
CYRUS CRUZ ZEPEDA PENA, PRESIDENT.
WALTER RENE ARAUJO MORALES, JULIO ANTONIO GAMERO QUINTANILLA, VICE-PRESIDENT. VICE PRESIDENT.
CARMEN ELENA CALDERÓN DE ESCALA, JOSÉ RAFAEL MACHUCA ZELAYA, SECRETARY. SECRETARY.
ALFONSO ARISTIDES ALVARENGA, WILLIAM RIZZIERY PICHINTE, SECRETARY. SECRETARY.
RUBEN ORELLANA, AGUSTIN DÍAZ SARAVIA, SECRETARY. SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the twenty-one day of the month of December of the year two thousand.
PUBLISH, FRANCISCO GUILLERMO FLORES PÉREZ,
President of the Republic.
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Francisco Rodolfo Bertrand Galindo, Minister of Public Security and Justice.
D. O. N/ 18 Took N/ 350 Date: January 24, 2001.
REFORM:
(1) D.L. NO 1124, 16 JANUARY 2003; D.O. NO 44, T. 358, MARCH 6, 2003.
EXTENSIONS:
D.L. Nº 510, AUGUST 16, 2001; D.O. No. 168, T. 352, SEPTEMBER 7, 2001. (Art. 72)
D.L. Nº 728, FEBRUARY 15, 2002; D.O. No. 53, T. 354, MARCH 18, 2002.
TRANSIENT DISPOSITION:
TRANSIENT PROVISIONS FOR THE RENEWAL OF THE OPERATING AUTHORIZATION OF PRIVATE SECURITY COMPANIES. D.L. No. 466, SEPTEMBER 16, 2010; D.O. NO. 192, T. 389, OCTOBER 14, 2010. EXTENSION:
D.L. No. 885, OCTOBER 13, 2011, D.O. No. 192, T. 393, OCTOBER 14, 2011.
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SV/ 29/10/2010
ROM 26/10/2011
