Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-de-ocursos-de-gracia/archivo_documento_legislativo
DECREE No. 436.- 1
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I. That the new Criminal Procedure Code whose term began on April 20, 1998, He repealed in its entirety the Criminal Procedure Code of 1973, which contained
regulating writs of Grace;
II.- by Legislative Decree No. 257, dated March 23, 1998,
published in the Official Journal No. 62, Volume 338, dated 31 the same year, the Temporary Law was approved regulating the Handling of Criminal writs and processes Grace started before April 20, 1998;
III.- That the new regulatory body and the Transitory Law mentioned in recital above do not contain any of the parties a
specific regulation on writs of Gracia, which is generated in a vacuum concerning such benefits;
IV.- That such an eventuality, it is urgent and urgent
issue a Special Law of writs de Gracia where fully regulate the procedures and effects of amnesty, pardons and commutations;
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Justice
DECREES the following:
writs SPECIAL LAW OF GRACE | || CHAPTER I INTRODUCTORY PROVISIONS
Art Object of the Act. 1. This Act is to regulate the promotion, processing and effects of writs
Art Classification. 2. The writs of Grace regulated by this law are:
1) The Amnesty;
2nd) The pardon; and
3rd) switching. CHAPTER II
AMNESTY Origin Art. 3. The granting of amnesty grace, that according to the Constitution remain with the Legislature, may only be ordered:
1) For political crimes;
2nd) for common crimes related political crimes; and
3rd) By common crimes committed by a number of people not less than twenty.
If you try to grant amnesty when it has already pronounced sentence and the offense had been committed in brawl in which twenty or more people participated, will not be an obstacle to granting grace in the respective process has not been
determine the names of all participants in the fight.
Common Political Crime and Crime Political Crime
Conexo with Art. 4.- political crimes and related common crimes with political crimes, those indicated in Art. 21 of the Penal Code. Beneficiaries and applicants
Art. 5. The grace of amnesty may be granted not only to those convicted by final judgment but also to those who shall be processed case pending and those who have not yet been subject to any criminal proceedings; and they can apply the same interested
personally or on behalf of any citizen without power.
They may also propose granting amnesty grace, officials and organs of state which have
Art. 6. The amnesty request or proposal should be addressed to the Legislature, stating therein the reasons or motives which aims to support the grace;
Legislative Body and after consultation with the relevant Committee, grant or refuse the grace implored. Classes
Art. 7. The amnesty may be granted absolute or with the conditions and restrictions that justice, equity or public utility advisable way. These restrictions may be imposed that subsists
liability in cases of condemned. Effects of Amnesty
Absolute Art. 8. The decree granting amnesty complete the following effects:
1) If the case of persons sentenced to the death penalty in cases permitted by the Constitution, will not be executed and will be ordered immediate release favored or lifting the arrest warrants issued against them;
2nd) In the case of persons sentenced to imprisonment, the immediate release of those convicted will be ordered;
3rd) In the case of absent convicted imprisonment, the immediate lifting of the arrest warrants issued against them be decreed;
4th) In cases of defendants with pending cases, the competent court, at the request of a party or of any person and at any stage of the process, decreed the dismissal without restrictions in favor of the accused, by extinction
criminal action, ordering the immediate release of the same or lifting the arrest warrants, if necessary.
Other Effects Art. 9. If in the case of people who have not yet been subjected to any process, the decree
Grant grace to serve them at any time start process against him for the offense covered by amnesty, may oppose the exception of extinction of criminal action and request the dismissal appropriate.
In all these cases the judge or court, before pronouncing resolution, add the copy of the Official Journal which is published in the respective decree of amnesty, or certification
same decree extended by the Legislature. Extension
Art. 10. The amnesty means granted to the perpetrators and participants in the same offense covered by amnesty and abettors, and have also extended the same class
guilty of related crimes related to those who have motivated grace, unless in the amnesty decree expressly excluded persons to whom the grace is not granted.
Restrictive Effects Art. 11. The amnesty means granted without prejudice to the liability incurred by the amnestied convicted by final sentence, if that regardless of the restrictions imposed,
concerned may therefore give effect to that responsibility. Regarding the accused or those who have not been instructed process, the extinction of criminal responsibility for amnesty,
it implies the extinction of liability in which might be condemned.
If the amnesty should be conditional, will have the same effect expressed in previous articles
provided that the conditions or restrictions not unfavorable.
Irrevocability Art. 12.- The granting of any amnesty for its irrevocable nature. People who have been granted an absolute amnesty not waive their benefit; but if it is a contract
conditional amnesty beneficiaries can give it and in that case will be judged as required by law. CHAPTER III
PARDON Origin Art. 13. The grant of pardon, which according to the Constitution remain with the Legislature, may be granted in each case those convicted by final sentence in all kinds of crimes.
Seekers Art. 14. Can seek pardon convicts or any citizen name without power. Petition
Art. 15. The pardon application should be directed to the Legislature, stating therein the reasons or motives
that grace is based, and the final certification of final judgment that has been given in the cause be accompanied.
When the pardon should fall on sentences for crimes whose prosecution effected only through public action prior particular instance or private action, will also accompany the application instrument authenticated stating the forgiveness of the victim, except the case of error judicial. Step
Art. 16. APPLICATION RECEIVED, THE LEGISLATURE, BY MEANS OF THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS PROVE THAT MEETS THE FORMALITIES A previous article. AUDITED SUCH CIRCUMSTANCES, THE COMMISSION WILL ACCOUNT
IT TO THE SUPREME COURT, TO ISSUE REPORT ESTABLISHING THE ORDINAL 26 ° OF ARTICLE 131 OF THE CONSTITUTION. (2)
Report of the Supreme Court
Art.17.- THE SUPREME COURT ISSUED THE REPORT WITHIN A TERM NOT EXCEED sixty working days and if it is FAVORABLE TO GRACE REQUESTED TO SPEAK
moral reasons, JUSTICE OR EQUITABLE TO ENHANCE THE PARDON. IN THE CASE OF DEATH PENALTY TO BE RENDERED THE REPORT WITHIN FIFTEEN DAYS.
ALSO BE CONSIDERED AS REASONS THAT ENHANCE pardon, suffering from an illness CHRONIC degenerative organ damage SEVERE CONVICTED, AGE AND TIME THAT COMPLIMENT SENTENCE (1)
Effects Report. | || Art. 18. If the report of the Supreme Court is unfavorable to the pardon, the Legislature can not access grace; and if it is favorable, the Legislature may grant or deny the requested pardon.
Art Classes Reprieve. 19. The pardon may be absolute or be accompanied by conditions and restrictions that equity and justice warrant. Pecuniary Penalty Reprieve
Art. 20. The pecuniary penalty reprieve reprieved exempt the payment of any amount not yet been satisfied; but did not include the return of the already paid, unless expressly
thus determined. Conditional Pardon
Art. 21. When particulars were imposed conditions in the pardon, the investigating judge of the judgment will not comply with the grant while those not previously fulfilled by the
Pardoned, except those which by their nature are not permitted. Civil
Effects Art. 22. In any case liability is pardon and can thus engage stakeholders actions incumbent upon them to make it effective.
Criminal Effects Art. 23. The pardon of the principal penalty shall entail the of accessory that she have imposed, except for the loss of political rights, which are not taken by understood, if they are not any made special mention in the concession.
Effects of Application Art. 24. The request for pardon shall not suspend compliance with the final judgment, except
the case where the penalty imposed is the death, which can only be executed if requested has been refused grace.
Report on Conduct Art. 25. In consideration of all pardon, when the accused person was in prison, should be appreciated the report of the Regional or National Criminological Council, which will be reserved and will focus on the conduct of the convicted, their background, their dangerousness and how much data resulting from
his personal file or registries. This report will be requested officially by the relevant authority immediately that the request for pardon is received.
WHEN IS CONVICTED PERSON ENJOYING ENCONTRARE BENEFIT OF FREEDOM, in any of the modalities set out in first paragraph of Article 39 of the Prisons Act, to appreciate the considerations in CLAUSE
ABOVE, THE COUNCIL CRIMINOLÓGICO REGIONAL OR NATIONAL REPORT SHALL APPLY TO THE DEPARTMENT OF TEST AND FREEDOM ASSISTED who shall render him a deadline IN 15 DAYS. (2)
THE COUNCIL CRIMINOLÓGICO shall submit the report REQUESTED, WITHIN FIFTEEN DAYS. (1)
Irrevocability Art. 26. The granting of pardon is irrevocable and will be fixed to the conditions under which any
been granted. Compliance
Art. 27.- granted clemency shall be communicated to the Supreme Court, which transcribes the respective decree the judge who must comply with it. CHAPTER IV
Art. 28. The main sentence imposed by final sentence can be replaced by another minor by switching.
The granting of grace switching according to the Constitution by the President of the Republic, may be granted to those convicted of any kind of crime
Art. 29. For any switching convicts or any citizen to his name, without proving their legal power. Step
Art. 30. The handoff request should be addressed to the Minister of Justice and expressed therein the reasons or motives which aims to support the grace, having accompanied the final certification of final judgment that has been given in the case. If they involve death penalty may not be accompanied
mentioned certification; and, in such case, the Minister's request ex officio where appropriate, which shall be issued immediately.
Art Report Reserved. 31.- accepting the application, the Minister requested the report referred reserved in Art. 25,
which must be evacuated in the period mentioned in that article.
Other Reports Art. 32. Upon receipt of the report in the previous article refers to, if it deems it appropriate, the Minister may ask the administrative and judicial authorities other reports leading to clarify the past conduct of the offender, their family circumstances and other personal.
Report of the Supreme Court
Art. 33. Complied with the provisions of the two preceding articles the file will be passed to the Supreme Court, to issue the report and constitutional opinion within a period not to exceed fifteen days if they involve death penalty, and thirty days in other cases.
EFFECTS FOR THE OPINION TO BE ISSUED referred to by the previous paragraph, THE SUPREME COURT SHOULD CONSIDER MORAL REASONS OF JUSTICE, EQUALITY, THE
CHRONIC DISEASE suffering of degenerative organ damage SEVERE AS WELL AS THE AGE OF CONVICTED. (1) Resolution
Art. 34. If the opinion and report of the Supreme Court reading are unfavorable, the Executive Body
may not grant grace; and if they are favorable, the Executive Branch through the Minister of Justice may refuse to switch, or grant it on the same or on different terms than those indicated in the report or opinion, without being able to cut more worthwhile limit when in that
Art. 35. Switch does not extinguish the liability, but the duration of the additional penalties which have been imposed by the duration of the sentence.
Restrictions Art. 36. You can not be switched for the second time penalty he has already been commuted.
GENERAL PROVISIONS CHAPTER V
Constitutional Prohibition Art. 37. The criminal liability incurred by public officials for rape,
infringement or alteration of the constitutional provisions will not support amnesty, pardon or commutation during the presidential term in which they were committed.
Notice Obligation Art. 38. Whenever petition for pardon or commutation of the death penalty arises,
the Legislature or the Minister of Justice, where appropriate, shall inform the judge concerned for appropriate action.
Art Background Report. 39. In the reports issued by the Supreme Court in requests for pardon or commutation, simply expressing its reasoned opinion about the convenience or inconvenience
grant of grace, taking into account above all, moral grounds warranting consider that in fact the commission brokered a powerful stimulus excusable, or that the crime took more part passion, misery or error, that the wickedness and depravity. If in considering the damning
otherwise end the Supreme Court, which have not been appreciated modifying circumstances of responsibility that mediated for the convicted or have been improperly valued judgments, those legal reasons, may also serve as a basis to report favorable.
The Supreme Court may base its report and opinion, in its reasonable judgment, in powerful reasons of fairness and equity, other than those mentioned in this article.
CHAPTER VI FINAL PROVISIONS
Transitory Regime Art. 40. The writs of grace into that may be pending the entry into force of this law, they will continue by filling in accordance with the provisions of the Criminal Procedure Code of 1973. Effective
Art. 41.- This Decree shall enter into force eight days after its publication in the Journal
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the eighth day of the month October in 1998.
PRESIDENT JUAN DUCH MARTINEZ MARTINEZ CIRO GERSON PEÑA CRUZ ZEPEDA SECOND FIRST VICE VICE
RONAL UMAÑA FIDELIA NORMA GUEVARA OF FOURTH VICE VICE Ramirios THIRD
JULIO RAFAEL JOSE ANTONIO QUINTANILLA GAMERO MACHUCA FIRST SECRETARY SECOND SECRETARY Zelaya | || GERARDO ANTONIO ALFONSO ARISTIDES ALVARENGA Suvillaga FOURTH THIRD SECRETARY SECRETARY
ELVIA VIOLET MENJIVAR JORGE ALBERTO MUÑOZ VILLACORTA QUINTA
HOME SECRETARY SIXTH PRESIDENTIAL SECRETARY: San Salvador, on the fifteenth day of October in 1900 | || ninety-eight.
ARMANDO CALDERON SOL President of the Republic.
Rubén Antonio Mejía Peña,
Minister of Justice.
Tomo OJ No. 206 No. 341 Date: 5 November 1998. OALR
(1) No. DL. 633, OF MARCH 10, 2011; OJ No. 70, T. 391, 8 April 2011.
(2) DL No. 155, 22 OCTOBER 2015; OJ No. 208, T. 409, 12 NOVEMBER 2015
SV / JQ 12/08/15 04/05/11
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