Legislative Assembly - Republic of EL SALVADOR index legislative 1 Decree No. 361-the Legislative Assembly of the Republic of EL SALVADOR, whereas: I.-that the first subparagraph of article 125 of the Juvenile Offenders Act provides that surveillance and monitoring measures laid down in this law, shall be exercised by the judge of the implementation of measures to the minor, Member of the court official;
II.-which in effect give compliance with provisions in the preceding recital, it is suitable that issued a law governing the actions and procedures of the judge of the implementation of measures to the minor;
Therefore, in use of his constitutional powers and at the initiative of MEPs Walter Rene Araujo Morales, Arturo Argumedo h., Francisco Alberto Jovel Urquilla, Gerardo Antonio Suvillaga, José Vicente Machado Salgado, José Armando Cienfuegos Mendoza, Marcos Alfredo Valladares, Sarvelio Ventura Cortez and René of Jesús Rivas, DECREES, the following: law on surveillance and CONTROL of implementation of measures to the less subject to the law criminal youth. (1) chapter I provisions General object article 1.-the present law is to regulate the procedures of the judge of the implementation of measures to the minor; as well as the resources that can be brought against its resolutions.
In the course of the present law the judge of implementation of measures the minor, may be called "the judge". Governing rules and rights under article 2.-are applicable to this law the guiding principles, the rules of interpretation and application, as well as all the rights of minors established by the law of the juvenile offender. Chapter II competition and powers competition article 3.-the judge's execution of measures the child has competence for: 1) exercise surveillance and control of the implementation of the measures that can be imposed Legislative Assembly - Republic of EL SALVADOR index legislative 2 by juvenile courts, in the way that best be guaranteed rights;
(2) ensure compliance with the rules governing the implementation of the measures;
(3) punish by fine officials who in the execution of the measures violate or threaten, by action or omission, the rights of minors; as well as reporting to the competent authority for the application of the criminal and disciplinary punishment to any, and;
(4) the other laying down the law.
Powers article 4.-the judge's implementation of measures to the minor, within its competence, shall have the following functions: 1) monitor and guarantee that during the implementation of all the measures imposed by the juvenile courts, and especially the measure of detention, respect for rights;
(2) monitor the implementation of the measures and to monitor that these are fulfilled according to the resolution ordering them; in the case of the implementation of the measures of guidance and support social and family, rules of conduct, services to the community and assisted freedom, you need to implement your compliance in the way that best ensure its effectiveness;
(3) to review ex officio every three months, with the collaboration of specialists, the measures imposed in order to confirm that they are meeting the objectives for which they were applied;
(4) modify, replace and revoke, ex officio or upon request, the measures imposed to the minor, when they do not meet the objectives by which were applied or be contrary to the process of reintegration of the minor, after consultation, where appropriate, the persons responsible for supporting the child during the fulfilment of the measures. In any case you can aggravate the situation of the child;
(5) replace a measure imposed by the judge of minors from those laid down in the law of the juvenile offenders by one of those provided for in the law of the Salvadoran Institute of protection to the child. In any case the replacement will lead to aggravation of the measure;
(6) ordering the cessation of measures when necessary, particularly in the cases mentioned in the final paragraph of article 17 of the juvenile offender Act;
(7) authorize permits the minor to perform activities outside the Centre, when serving the measure of detention, or order that this measure be fulfilled Legislative Assembly - Republic of EL SALVADOR index legislative 3 weekends, all based on the recommendations of specialists;
(8) to revoke the replacement of measurement, when the child has breached it, again imposing the previous measurement;
(9) practice the computation of measurements and declare the extinction of the same when he is coming;
(10) to process and resolve complaints and incidents that arise during the implementation of the measures;
(11) where appropriate, ordering freedom of the minor and extend the corresponding certifications;
12) watch in particular that there is no in internment centres minors deprived of their liberty illegally, and when it finds that the receipt, in these centres, has acquired the characteristics of an anticipated detention measure, must immediately notify the judge of minors so resolve corresponding;
(13) resolved by way of incident on the location of internal minors in stages which correspond, agree to the law and the regulations of detention centres; and 14) other laying down the law.
In all these cases, the resolutions shall be motivated.
Chapter III organization and operating organization of the courts of implementation of measures to the minor article 5.-the courts of execution of measures to the minor, will be the organization that has the Judicial Organization Act and other applicable legislation; its staff should be specially qualified and they will at least have a psychologist, a sociologist, a social worker and an educator, the Salvadoran Institute of protection specialists assisting the child, of the Institute of Legal Medicine, who shall provide such collaboration. You can also request free collaboration of other specialists with whom no time. (Tax article 6.-the Prosecutor attached to the Court of execution of measures of the minor, shall have the following functions: Legislative Assembly - Republic of EL SALVADOR index legislative 4 1) ensuring compliance with this Act;
(2) request the modification, substitution, reversal or cessation of measures, where appropriate;
(3) file resources in the cases provided for in this law;
(4) to ensure that is not violate or threaten the rights of minors during the execution of the measures, exercising the relevant actions in the event that this occurs; (and, 5) the others that establish the law. (Under Art. 7 Attorney-Juvenile Attorney attached to the Court of execution of measures, shall have the following functions: 1) safeguarding the interests of the child;
(2) request the modification, substitution, reversal or cessation of measures, where appropriate;
(3) file resources in the cases provided for in this law;
(4) to ensure that is not violate or threaten the rights of minors during the execution of the measures, exercising the relevant actions in the event that this occurs; and, 5) other laying down the law. Chapter IV procedures before the judges of implementation of measures to lower execution of measures article 8.-the measures will be implemented to stay firm the final resolution. Immediately, the Court shall forward in any case certification of this measures of execution judge to the minor, and the Director of the respective detention centre when the measure of detention is imposed. Computation article 9.-received the certification of the final resolution, the judge of the execution of measures the child, order fulfillment and will practice the computation of the measure. Case of the internment, you will practise the computation of the time that the child has been deprived of liberty telling measure according to the rules established in criminal law and criminal procedure, and shall fix the date in which the totality of the measure will be fulfilled. This decision shall be communicated to the minor and his counsel if it, their parents, guardians or responsible for it, to the Procurator for the defence of the Rights Assembly Legislative - Republic of EL SALVADOR index legislative 5 human, to the juvenile prosecutor and the Attorney of minors, who may ask the same judge review of the computation practiced, within three days of its notification. The computation shall be approved to beat the deadline, if it has not been contested, or deciding the judge on it.
At any time the practiced computation, may rectify at the request of party or ex officio. Incidents during the fulfilment of measures Art. 10.-during the execution of the measures EL minor and his Defender if LO HUBIERE, the parents, guardians or responsible for, the Attorney for the defense of human rights, the Prosecutor for minors, the Attorney of minor or the DIRECTOR of the respective, PODRAN promote incidents before the judge of implementation of measures to the less competent , SO DECIDE ON THE AMENDMENT, REPLACEMENT, REVOCATION, CESSATION OR EXTINCTION MEASUREMENT OR THE LOCATION OF INMATES IN STAGES OR CENTERS THAT CORRESPOND ACCORDING TO THE LAW AND THE REGULATIONS OF DETENTION CENTRES. SUCH INCIDENTS MAY REQUEST IN WRITING OR VERBALLY EXPRESSING THEMSELVES CLEARLY THE REASONS THAT IS BASED AND THE EVIDENCE THAT IS ACCOMPANYING OR OFFER. (1)
Immediately of receiving the request, the judge shall designate a hearing, which shall be held within the period of eight days, must be convened to all parties and to the Director of the Centre when it has promoted it. The resolution of the incident will give a ruling at that same hearing, with parties that staff. Mandatory review of measures article 11.-every three months, without prejudice to that before the retail or persons empowered to do so have promoted the incident, the judge of the implementation of measures to the respective child review if the imposed measures comply with the purposes set forth in the law of the juvenile offender.
The review will take place at oral hearing with summons of the parties; but the hearing will be held with those who are. Immediately after the judge will resolve. Article 12.-the minor complaint and his advocate if you, the parents, guardians or those responsible, the Procurator for the defence of human rights, the Procurator for minors and juvenile prosecutor may promote complaint before the judge of the execution of measures competent child, when subjected to some extent child suffers a direct undermining their fundamental rights or subjected to any activity or disciplinary sanction not allowed or prohibited by the law of the juvenile offender or the regulation of the internment centres.
You can also promote the complaint any person or Association of persons directly related to the interests of minors.
The judge will know of the complaint, in oral hearing must be made within three days of Legislative Assembly – Republic of EL SALVADOR index legislative 6 presented, which will bring together all the parties. The complaint will be resolved at that same hearing, Parties attending.
For the same fact and reasons only a complaint may be made.
When the complaint is manifestly inadmissible, the judge rejected it and must in all case motivate its resolution.
Confirmed the veracity of the facts giving rise to the complaint, the judge will resolve that it resets the violated right. Effect shall notify this resolution to the Executive Director of the Instituto Salvadoreño de protection the minor, for compliance and sanctions corresponding to who ordered the improper act. Procedure to sanction officials who violate or threaten the rights of the minor art. 13-when the judge of execution of measures to the minor, have knowledge of which a civil servant or public employee, authority public or agent of authority in charge of the execution of measurements, by action or omission, has violated or threatened the rights of the minor, seek all the information possible about LOS facts and if LO considered suitable request to LA of the Attorney GENERAL TO CARRY OUT RELEVANT RESEARCH. ONCE MADE THE ABOVE JUDGE SUMMON THE OFFICIAL INVOLVED ONE ORAL HEARING, IN WHICH IT SAID THAT SUITS HIS DEFENSE. IF THE JUDGE DEEMS THAT SUFFICIENT EVIDENCE TO VERIFY THE VIOLATION OR THREAT OF THE RIGHTS OF THE CHILD THERE IS NO DICTATE PROCEEDINGS, AND IF FOUND MERITS TO SANCTION OFFICIAL IT WILL MAKE A FINE EQUIVALENT TO HIS SALARY FROM ONE TO TEN DAYS. IN ANY CASE THE DECISION MUST BE SUBSTANTIATED. (1) when a minor is violating their rights by omission of the official, the judge of the implementation of measures to the minor, before initiating the procedure laid down in this article, will require such official in the terms laid down in the law of the juvenile offender.
When the facts covered by the preceding subparagraphs have a more serious criminal or disciplinary sanction, the judge of implementation of measures will not know of them and inform the competent authority.
The investigation of these facts may not exceed in any case a month, counted from the time when measures of execution judge child, has knowledge of them. Chapter V resources rules general article 14.-are applicable to this law, in the relevant, the General rules of resources laid down in the law of the juvenile offender.
Legislative Assembly - Republic of EL SALVADOR index legislative 7 Revocatoria article 15.-the appeal against proceeds against all resolutions before the judge of the execution of measures the minor, who issued them, except for the mere formality, so this revoke them or modify. Simultaneously with this resource of appeal, may be brought in subsidiary form regulated in this law.
This resource will be processed, in the applicable, subject to the provisions of article 102 of the law of the juvenile offender. Appeal article 16.-only the following resolutions of the judge of the execution of measures shall be appealable to the child: 1) which replace or repeal a measure and which modify the contents of the detention;
(2) which affect the fundamental rights of the child, or that pose undue limitations thereto; and, 3) which established sanctions imposed to official or public employee, authority public or agent's authority which has violated or threatened the rights of the child. (1) the appeal is to be lodged before the judge who issued the ruling for with the respective Chamber of minors.
This resource will be processed, in the applicable, subject to the provisions of article 105 of the law of the juvenile offender. Chapter VI provisions late and effective supplementary application article 17.-in everything that has not been expressly regulated in the present law, shall apply Additionally of the juvenile offenders act, the criminal code and the code of criminal procedure. Entry into force article 18.-the present Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the seven days of the month of June of the year one thousand nine hundred and ninety-five.
ASSEMBLY LEGISLATIVE - REPUBLIC OF EL SALVADOR LEGISLATIVE INDEX 8 MERCEDES GLORIA SALGUERO GROSS PRESIDENT ANA GUADALUPE MARTINEZ MENENDEZ ALFONSO ARISTIDES ALVARENGA VICE PRESIDENT VICE PRESIDENT JOSE RAFAEL MACHUCA ZELAYA JULIO ANTONIO GAMERO QUINTANILLA VICE PRESIDENT VICE PRESIDENT JOSÉ EDUARDO SANCHO CASTAÑEDA ROGELIO GUSTAVO SALINAS OLMEDO SECRETARY SECRETARY CARMEN ELENA CALDERÓN DE ESCALÓN WALTER RENE ARAUJO MORALES SECRETARIAT SECRETARY RENE MARIO FIGUEROA FIGUEROA SECRETARY PRESIDENTIAL HOUSE : San Salvador, on the fifteenth day of the month of June of the year one thousand nine hundred and ninety-five. PUBLISHED, ARMANDO CALDERÓN SOL, President of the Republic. RUBEN ANTONIO MEJIA PENA, Minister of Justice. D. o. No. 114 volume no. 327 date: 21 June 1995 reform: (1) D.L. No. 396, 28 July 2004, D.O. No. 143, T. 364, July 30, 2004. NGCL /