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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 436.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the new Criminal Procedure Code, which began on April 20, 1998, has repealed in all its parts the Criminal Procedure Code of 1973, which
contained the regulation of the Ocourses of Grace;
II.-That by Legislative Decree No. 257, dated March 23, 1998,
published in The Official Journal No. 62, Tomo 338, dated 31 of the same month and year, passed the Transitional Law to Regulate the Processing of the Criminal Processes and Ocourses of Grace initiated before April 20, 1998;
III. The Transitional Law mentioned in the recital above, does not contain in any of its parts a
specific regulation on the Ocourses of Grace, so that a vacuum is generated regarding such benefits;
IV. Such an eventuality, it is urgent and urgent to dictate a Special Law
of Ocourses of Grace where The procedures and effects of the Amnesty, Pardon and Conmutation are fully regulated;
BY TANTO,
in use of its constitutional powers and at the initiative of the President of the Republic, by means
of the Minister of Justice,
DECRETA the following:
GRACE OCCURS SPECIAL LAW
CHAPTER I
PRELIMINARY provisions
Object of the Law
Art. 1.-This Law is intended to regulate the promotion, processing and effects of the Ocourses
of Grace.
Classification
Art. 2.-The Grace Ocourses regulated by this law are:
1st) The Amnesty;
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2nd) Pardon; and,
3rd) Conmutation.
CHAPTER II
AMNESTY Source
Art. 3.-The granting of the grace of amnesty, which according to the Constitution corresponds to the Legislative Assembly, can only be ordered:
1) For political crimes;
2nd) For common crimes related to political crimes; and,
3rd) For common crimes committed by a number of people who do not come down from twenty.
If the amnesty is to be granted when the executed sentence has already been pronounced and the fact has been committed in a tumultuous dispute in which they participated Twenty or more people, will not be an obstacle to grant the grace that in the respective process is not The names
of all participants in the scuffle could be determined.
Political Crime and Common Crime with Political Crime
Art. 4.-These are political crimes and common crimes related to political crimes, as outlined in Art. 21 of the Penal Code.
Beneficiaries and Applicants
Art. 5.-The grace of amnesty may be granted not only to those convicted of executed judgment but also to those who are prosecuted with outstanding cause and also those persons who have not yet been subjected to any criminal proceedings; and You can request the same stakeholders
personally, or any citizen on your behalf without the need for power.
They may also propose granting amnesty grace, the officials and Organs of the
State that have bill.
Processing
Art. 6.-The request or proposal for amnesty should be addressed to the Legislative Assembly, including the reasons or reasons for which it is intended to substantiate the grace; and the Authority
Legislative, after obtaining the opinion of the corresponding Commission, grant or deny the unpetrified grace.
Classes
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Art. 7.-The amnesty may be granted in an absolute manner or with the conditions and restrictions that justice, equity or public utility advise. Among these restrictions may be imposed that
subsidizes civil liability in case of convictions.
Effects of the Absolute Amnesty
Art. 8.-The decree granting an absolute amnesty will produce the following effects:
1) If the death penalty is dealt with, in the cases permitted by the Constitution, it will not be executed and the immediate release of the death penalty will be ordered. favored or the lifting of the arrest warrants against them;
2nd) If it were condemned to custodial sentences, the immediate freedom of the convicts will be decreed;
3rd) If they are condemned Absent custodial sentences, the immediate lifting of the arrest warrants will be decreed
cases of imputed to pending causes, the competent judge or tribunal, at the request of a party or any person and in any state of the process, will decree the unrestrained dismissal in favor of of the defendants, by extinction of the action
criminal, ordering the immediate release of the same or the lifting of the arrest warrants, if any.
Other Effects
Art. 9.-If it were people who have not yet been subjected to any process, the decree
of granting the grace will serve them so that at any time when a process is initiated against them for the crime understood in the amnesty, they can oppose the termination of the criminal action and request the appropriate dismissal.
In all these cases the judge or tribunal, before giving judgment, will add the copy of the Official Journal in which the published Decree of the respective amnesty, or the certification of the same
decree extended by the Assembly Legislative.
Extension
Art. 10.-The amnesty will be understood to be granted to authors and participants in the same crime, included in amnesty and cover-ups, and will also be extended to the same class
of guilty of related crimes related to the who have motivated grace, unless the amnesty decree expressly excludes people whose favor grace is not granted.
Restrictive Effects
Art. 11.-The amnesty shall be deemed to be granted without prejudice to the civil liability in which the sentenced persons convicted of the executed sentence have incurred, if that is the restriction imposed,
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It may therefore be possible for the stakeholders to make this responsibility effective. With respect to the accused or those to whom no process has been instructed, the extinction of the criminal liability for amnesty,
implies the extinction of the civil liability in which they could be condemned.
If the amnesty is conditional, will have the same effects expressed in previous articles
provided the conditions or restrictions imposed do not object to it.
Irrevocability
Art. 12. The granting of any amnesty is by its irrevocable nature. People who have been granted an absolute amnesty will not be able to give up their benefit; but if it is a
amnestythe beneficiaries can give up the amnesty and in that case they will be tried under the law.
CHAPTER III
PARDON Source
Art. 13.-The granting of the pardon, which according to the Constitution corresponds to the Legislative Assembly, may be granted in each case to those convicted of executed sentences in all manner of crimes.
Solicitors
Art. 14.-The convicts or any citizen may be asked to be pardoned in their name, without the need for power.
Petition
Art. 15.-The request for a pardon should be addressed to the Legislative Assembly
the reasons or grounds on which the grace is based, and the certification of the final executed sentence that has been given. in the case.
When the pardon is to fall on penalties imposed for crimes whose persecution only proceeds by public action after particular instance or private action, the application shall also be accompanied, an instrument authenticated in that The victim's forgiveness, except for the case of a judicial error.
Processing
Art . 16. THE LEGISLATIVE ASSEMBLY SHALL, BY MEANS OF THE COMMISSION ON JUSTICE AND HUMAN RIGHTS, VERIFY THAT THE LEGISLATIVE ASSEMBLY MEETS THE FORMALITIES REFERRED TO IN THE PREVIOUS ARTICLE. THESE CIRCUMSTANCES, THE COMMISSION WILL GIVE
ACCOUNT OF IT TO THE SUPREME COURT OF JUSTICE, TO ISSUE THE REPORT THAT ESTABLISHES THE ORDINAL 26 ° OF ARTICLE 131 OF THE CONSTITUTION. (2)
Supreme Court Report
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Art.17.-THE SUPREME COURT OF JUSTICE WILL ISSUE THE REPORT WITHIN A TERM THAT WILL NOT EXCEED " OF SIXTY WORKING DAYS AND IF IT IS FAVORABLE TO THE GRACE REQUESTED WILL EXPOSE
THE MORAL, JUSTICE, OR EQUITY REASONS THAT FAVOR THE PARDON. IN THE CASE OF THE DEATH PENALTY, THE REPORT SHALL BE RENDERED WITHIN A PERIOD OF 15 DAYS.
SHOULD ALSO BE CONSIDERED AS REASONS FOR PARDONING, SUFFERING FROM A CHRONIC DEGENERATIVE DISEASE AND SEVERE ORGAN DAMAGE FROM THE CONDEMNED PERSON, HIS AGE AND THE TIME HE HAS SERVED FROM THE SENTENCE IMPOSED. (1)
Effects from the
Art. 18.-If the Supreme Court report is unfavorable to the pardon, the Legislative Assembly shall not be able to access the grace; and if it is favorable, the Legislative Assembly may grant or refuse the requested pardon.
Pardon
Art. 19.-Pardon can be absolute or be accompanied by the conditions and restrictions that equity and justice advise.
Pardon de Peña Pecuniaria
Art. 20.-The pardon of the pecuniary penalty will exempt the pardon from the payment of the amount that has not yet been satisfied; but will not understand the return of the already paid, unless it is so
expressly determined.
Conditional Pardon
Art. 21.-When the pardon has imposed conditions, the judge executing the sentence will not comply with the concession while those have not been previously fulfilled by the
pardoned
except those that by its nature do not know allow.Civil Effects
Art. 22. In no case will the civil liability be pardoned, and the interested parties can accordingly initiate the actions that they are responsible for making it effective.
Criminal Effects
Art. 23.-The pardon of the principal sentence shall take with him the one of the accessories which he has imposed, with the exception of the loss of the political rights, which shall not be included, if no special mention has been made of them. in the concession.
Request Effects
Art. 24.-The pardon request will not suspend execution of the executed statement, except
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the case in which the penalty imposed is the death penalty, which can only be executed if any denied the requested grace.
Conduct Report
Art. 25.-In the consideration of any pardon, when the inmate is in prison, the report of the Regional or National Criminal Council must be appreciated, the one that will be reserved and will deal with the conduct of the sentenced person, his antecedents, his dangerousness and how much data is from your personal file
or respective records. This report will be requested by the corresponding Authority, immediately upon receipt of the request for a pardon.
WHEN THE CONVICTED PERSON WILL FIND THEMSELVES ENJOYING THE BENEFIT OF FREEDOM, IN ANY OF THE MODALITIES ESTABLISHED IN THE FIRST ARTICLE OF ARTICLE 39 OF THE PENITENTIARY LAW, IN ORDER TO BE ABLE TO APPRECIATE THE CONSIDERATIONS CONTAINED IN
ABOVE, THE REGIONAL OR NATIONAL CRIMINOLOGICAL COUNCIL, MUST REQUEST A REPORT FROM THE DEPARTMENT OF PROOF AND ASSISTED FREEDOM, WHO MUST SURRENDER IT WITHIN A PERIOD OF 15 DAYS. (2)
THE CRIMINOLOGICAL COUNCIL SHALL FORWARD THE REQUESTED REPORT WITHIN 15 WORKING DAYS. (1)
Irrevocability
Art. 26.-The grant of the pardon is irrevocable and will be fixed to the conditions in which it has
been granted.
Compliance
Art. 27.-Conceded the pardon will be communicated to the Supreme Court of Justice, which will transcribe the respective decree to the judge who must comply with it.
CHAPTER IV
SWITCHING
provenance
Art. 28.-The principal sentence imposed by the executing sentence may be replaced by a minor one under commutation.
The granting of the grace of commutation that according to the Constitution corresponds to the President of the Republic, may be be awarded to those convicted of any class of offense in statement
executed.
applicants
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Art. 29.-The convicted or any citizen can be requested to be commuted to their name, without the need for power to accredit their personage.
Processing
Art. 30.-The request for a commutation must be addressed to the Minister of Justice and the reasons or grounds on which the grace is intended must be expressed, with the certification of the final executed sentence to be accompanied pronounced in the cause. If it is a death penalty
the above certification may not be accompanied; and, in such a case, the Minister will request it from his own office, which must be issued immediately.
Reserved Report
Art. 31.-The request shall be admissible, the Minister shall request the reserved report referred to in Art. 25,
which must be evacuated in the term stated in that article.
Other Reports
Art. 32.-The report referred to in the preceding article, if appropriate, shall be received by the Minister, may request the administrative and judicial authorities of the other reports to clarify the previous conduct of the sentenced person, his or her family and other personal circumstances.
Supreme Court Justice Report
Art. 33.-The provisions of the previous two articles shall be passed on to the Supreme Court of Justice, in order to issue the constitutional report and opinion within a period not exceeding 15 days, if it is a death penalty, and thirty days in other cases.
FOR THE PURPOSES OF ISSUING THE OPINION REFERRED TO IN THE FOREGOING PARAGRAPH, THE SUPREME COURT OF JUSTICE SHALL CONSIDER MORAL, JUSTICE, EQUITY, AND THE
ILLNESS OF A DISEASE CHRONIC DEGENERATIVE AND SEVERE ORGAN DAMAGE, AS WELL AS THE AGE OF THE CONVICTED. (1)
Resolution
Art. 34.-If the opinion and report of the Supreme Court of Justice, are unfavorable, the Authority
will not be able to grant the grace; and if they are favorable, the Executive Body through the Minister of Justice, will be able to refuse the commutation, or grant it in the same or different terms as in the report or opinion, without further lowering the penalty for the limit, when in that
report is determined.
Effects
Art. 35.-The commutation does not extinguish the civil liability, but the duration of the ancillary penalties that have been imposed for the duration of the sentence.
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Restrictions
Art. 36.-The penalty that has already been commuted cannot be switched for the second time.
CHAPTER V
GENERAL PROVISIONS
Constitutional Ban
Art. 37.-The criminal responsibilities incurred by civil servants for violation,
violation or alteration of constitutional provisions will not admit amnesty, pardon or commutation during the presidential term in which they are committed.
Warning Obligation
Art. 38.-Whenever the request for pardon or commutation of the death penalty is filed,
the Legislative Assembly or the Minister of Justice, if any, shall bring it to the attention of the respective judge for the ensuing effects.
Report Foundation
Art. 39.-In the reports issued by the Supreme Court of Justice in the requests for pardon or commutation, it will suffice to manifest its reasoned opinion about the desirability or inconvenience
of the granting of grace, taking into account more all, reasons of moral nature that merit to consider that in the commission of the average fact some powerful and disguilty stimulus, or that in the crime has had more part the passion, the misery or the error, than the malice and the depravity. If, in examining the sentences
, the Supreme Court of Justice concludes, that there has been no appreciable modification of the responsibility that they mediate in favor of the condemned or that they have been unduly appreciated, those
Supreme Court of Justice may base its report and opinion, in its prudential judgment, on powerful reasons for justice and equity, other than those mentioned above. in this article.
CHAPTER VI
FINAL PROVISIONS
Transitional Regime
Art. 40.-The curses of grace that are in the process of entering into force this law, will continue to be completed in accordance with the provisions of the Penal Code of 1973.
Vigency
Art. 41.-This Decree shall enter into force eight days after its publication in the Journal
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Official.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the eight days of the month of October of a thousand nine hundred and ninety-eight.
JUAN PIAH MARTÍNEZ PRESIDENT
GERSON MARTÍNEZ CIRO CRUZ ZEPEDA PEÑA FIRST VICE-PRESIDENT VICE PRESIDENT
RONAL UMANA NORMA FIDELIA GUEVARA DE RAMÍRIOS THIRD VICE-PRESIDENT FOURTH VICE-PRESIDENT
JULIO ANTONIO GAMERO QUINTANILLA JOSÉ RAFAEL MACHUCA ZELAYA FIRST SECRETARY SECOND SECRETARY
ALFONSO ARISTIDES ALVARENGA GERARDO ANTONIO SUVILLAGA THIRD SECRETARY FOURTH SECRETARY
ELVIA VIOLETA MENJÍVAR JORGE ALBERTO VILLACORTA MUÑOZ
FIFTH SECRETARY SIXTH SECRETARY
PRESIDENTIAL HOUSE: San Salvador, 15 days of the month of October of a thousand nine hundred
ninety-eight.
PUBESQUIESE,
ARMANDO CALDERÓN SOL, President of the Republic.
Ruben Antonio Mejia Peña,
Minister of Justice.
D. O. No. 206 Took No 341 Date: November 5, 1998.
OALR/ngcl
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REFORMS:
(1) D.L. Nº. 633, OF 10 MARCH 2011; D.O. Nº 70, T. 391, 8 FROM APRIL 2011.
(2) D.L. No. 155, 22 OCTOBER 2015; D.O. No. 208, T. 409, NOVEMBER 12, 2015.
SV/ 04/05/11
JQ 08/12/15
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