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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 361.-
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, WHEREAS:
I.-That the first paragraph of Article 125 of the Law of the Minor Infractor establishes that the surveillance and control of the measures referred to in that law, shall be exercised by the Judge implementing Measures Minor, an official member of the Judicial Authority;
II.-That in order to comply with the provisions set out in the previous recital,
it is appropriate that a law be given to regulate the proceedings and proceedings of the Judge Execution of Measures to the Child;
BY TANTO,
in use of its constitutional powers and at the initiative of the deputies Walter René Araújo 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 Rene de Jesus Rivas, DECCRETA, the following: LAW ON SURVEILLANCE AND ENFORCEMENT OF MEASURES TO THE CHILD SUBJECT TO JUVENILE CRIMINAL LAW. (1) CHAPTER I GENERAL PROVISIONS Object
Art. 1. This Law is intended to regulate the procedures for the performance of the Judge of Enforcement of Measures to the Child, as well as the resources that may be brought against its resolutions.
In the course of this Law the Judge of Execution of Measures to the Child, may be referred to as "the Judge". Rules governing and the rights of minors
Art. 2. The guiding principles, the rules of interpretation and application, as well as all the rights of minors established by the Law of the Minor Infractor, are applicable to this law. CHAPTER II COMPETITION AND COMPETITION COMPETITION
Art. 3.-The Judge of Enforcement of Measures to the Child has competence to:
1) Exercise the surveillance and control of the execution of the measures that may be imposed
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by the Courts of Minors, in the form that the rights of these are guaranteed;
2) Ensure compliance with the rules governing the enforcement of the measures;
3) Punish with fine the officials who in the execution of the measures violate or
threaten, by action or omission, the rights of minors; as well as informing the competent authority for the application of the criminal and disciplinary sanction to which it takes place, and;
4) Other than set the law.
Privileges
Art. 4.-The Judge of Enforcement of Measures to the Child, within its jurisdiction, shall have the following powers:
1) Watch and ensure that during the execution of all measures imposed by the Courts of Minors, and especially the measure
2) Control the execution of the measures and monitor the compliance of these measures according to the
resolution that orders them; in the case of the implementation of the guidance and support measures sociofamiliar, rules of conduct, services to the community and assisted freedom, must implement its compliance with the best way to ensure its effectiveness;
3) Review of trade every three months, with the collaboration of the specialists, the measures
imposed in order to verify that they are fulfilling the objectives for which they were applied;
4) Modify, replace and revoke, ex officio or at the request of part, the measures imposed on the
minor, when they do not meet the objectives for which they were applied or for being contrary to the process of reinsertion of the minor, after consultation, where appropriate, of the persons responsible for supporting the child during the performance of the measures. In no case can the situation of the child be aggravated;
5) Replace a measure imposed by the Judge of Minors of those established in the Law of the
Minor Infractor by one of those provided for in the Law of the Salvadoran Institute of Protection to the Minor. In no case will the substitution entail aggravation of the measure;
6) Decretar the cessation of the measures where appropriate, particularly in the cases mentioned in the final paragraph of Art. 17 of the Law of the Minor Infractor;
7) Authorize minor permissions to perform activities outside of the center, when
finds compliance with the internment measure, or order that this measure be met
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on weekends, all based on the recommendations of the specialists;
8) Revocar the replacement of the measure, when the child has failed to comply, imposing again the previous measure;
9) Practice the calculation of the measures and declare the extinction of the measures when it is
sourced;
10) Handle and resolve complaints and incidents that are suscitaren during the execution of the measures;
11) Order the child's freedom where appropriate and extend the certifications
corresponding;
12) Monitor in a special way that there is no in the child detention centers The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European corresponds;
13) Resolve by incident path about the location of the internal minors in the
stages that correspond, according to the Law and the Rules of the Internal Centers; and,
14) The others that establish the law.
In all these cases, the resolutions must be motivated.
CHAPTER III ORGANIZATION AND OPERATION Organization of the Courts of Enforcement of Measures to the Minor
Art. 5.-The Courts of Enforcement of Measures to the Child shall have the organization that has the Judicial Organic Law and other applicable legal norms; its staff shall be specially qualified and shall have at least one psychologist, a sociologist, a social worker and a pedagogue, assisting with the specialists of the Salvadoran Institute of Child Protection, of the Institute of Legal Medicine, who will have to provide this collaboration. You will also be able to apply for free collaboration from other specialists with whom you will not be able to reply. From The Prosecutor
Art. 6. The Prosecutor, assigned to the Court of Enforcement of Measures to the Child, shall have the following powers:
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1) Vellar for the compliance of the present Law;
2) Order the modification, replacement, revocation or cessation of the measures, in the cases where applicable;
3) Interpose the resources in the cases provided for in this Law;
4) Velar because no rights are infringed or threatened the children during execution
of the measures, exercising the relevant actions in the event that this occurred; and,
5) The others who establish the law. From Child Attorney
Art. 7.-The Attorney of Minors assigned to the Court of Enforcement of Measures, shall have the following powers:
1) Velar for the interests of the child;
2) Order the modification, replacement, revocation or cessation of the measures, in the cases where applicable;
3) Interpose the resources in the cases provided for in this law;
4) Velar because no rights of minors are violated or threatened during the execution
of the measures, exercising the relevant actions in the assumption that this will occur; and,
5) The others that establish the law. CHAPTER IV PROCEDURES BEFORE JUDGES IMPLEMENTING MEASURES TO THE LEAST Execution of Measures
Art. 8.-The measures will be implemented as the final resolution is signed. Immediately, the Tribunal shall, in any case, transmit certification to the Judge of the Enforcement of Measures to the Child, and to the Director of the respective Internal Center when the detention measure is imposed. Computation
Art. 9.-Received the certification of the final decision, the Judge of Enforcement of Measures to the Minor, will order its compliance and will practice the computation of the measure. If it is the case of detention, it will practice the computation of the time that the child has been deprived of, counting the measure according to the rules established in criminal law and criminal procedure, and will set the date on which the the whole measure. This resolution shall be notified to the child and his or her human rights defender if any, to his or her parents, guardians or guardians, to the Office of the Attorney General for the Defense of Rights.
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Humans, the Child Prosecutor and the Attorney Minors, who may request the same Judge to review the computer used, within three days of their notification. The computation shall be approved by the time limit, if it has not been contested, or when the Judge decides on the same.
At any time, the computer may be rectified, at the request of a party or of its own office. Incidents during compliance with measures
Art. 10.-DURING THE EXECUTION OF THE MEASURES THE CHILD AND HIS OR HER DEFENDER, IF ANY, THE PARENTS, GUARDIANS OR GUARDIANS OF HIM, THE ATTORNEY GENERAL ' S OFFICE FOR THE DEFENSE OF HUMAN RIGHTS, THE PROSECUTOR OF MINORS, THE ATTORNEY GENERAL OF MINORS, OR THE DIRECTOR OF THE CENTER THEY MAY PROMOTE INCIDENTS BEFORE THE JUDGE OF ENFORCEMENT OF THE MEASURES TO THE LEAST COMPETENT, TO DECIDE ON THE MODIFICATION, REPLACEMENT, REVOCATION, CESSATION OR EXTINCTION OF THE MEASURE OR ON THE LOCATION OF THE INMATES IN THE STAGES OR CENTERS THEY CORRESPOND, ACCORDING TO THE LAW AND THE REGULATIONS OF THE DETENTION CENTERS. SUCH INCIDENTS MAY BE REQUESTED IN WRITING OR IN ORAL FORM, CLEARLY STATING THE GROUNDS ON WHICH THEY ARE BASED AND THE EVIDENCE ACCOMPANYING THEM. (1)
Immediately upon receipt of the request, the Judge shall indicate an oral hearing, which shall be held within the period of eight days, and shall be convened by all the parties and the Director of the Center where he has promoted it. The resolution of the incident shall be delivered at the same hearing, with the parties attending. Required Review of Measures
Art. 11.-Every three months, without prejudice to the fact that before the minor or persons empowered to do so have promoted the incident, the Judge of Enforcement of Measures to the respective Minor shall review whether the measures imposed comply with the purposes laid down in the Minor Infractor's Law.
The review will be held in oral hearing with summons from all parties; but the hearing will be held with those who attend. The Judge shall immediately terminate the decision. Complaint
Art. 12. The child and his or her human rights defender, the parents, guardians or their officials, the Attorney General's Office, the Attorney General of the Child and the Child Prosecutor may make a complaint to the Judge of the Enforcement of Human Rights. Less competent, when the minor subject to any measure suffers a direct impairment of his or her fundamental rights, or is subjected to any disciplinary activity or sanction not permitted or prohibited by the Law of the Minor Infractor or the Regulation of the Interment Centers.
Any person or association may also promote the complaint. people directly
linked to the interests of minors.
The Judge will know about the complaint, in oral hearing to be held within three days of
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presented, to which you will call all parts. The complaint will be resolved in that same hearing, with the parties attending.
For the same fact and reasons, only one complaint may be filed.
When the complaint is manifestly inappropriate, the Judge will reject it in any case.
Constatada the veracity of the facts that motivate the complaint, the Judge will decide that the right of the conculcated will be restored. This resolution will notify the Executive Director of the Salvadoran Institute of Child Protection for its compliance and punishment for those who ordered the wrongful act. Procedure to punish officials who violate or threaten the rights of minors
Art. 13.-WHEN THE JUDGE IMPLEMENTING THE MEASURES AT THE LEAST OF THE COURT IS AWARE THAT AN OFFICIAL OR PUBLIC EMPLOYEE, PUBLIC AUTHORITY OR AGENT OF AUTHORITY RESPONSIBLE FOR THE IMPLEMENTATION OF THE MEASURES, ACTING OR OMISSION, HAS INFRINGED OR THREATENED THEM. RIGHTS OF MINORS, WILL COLLECT AS MUCH INFORMATION AS POSSIBLE ON THE FACTS AND IF YOU CONSIDER IT APPROPRIATE, REQUEST THE ATTORNEY GENERAL OF THE REPUBLIC TO CARRY OUT THE RELEVANT INVESTIGATION. ONCE THIS HAS BEEN DONE, THE JUDGE WILL SUMMON THE OFFICIAL INVOLVED IN AN ORAL HEARING, IN WHICH HE WILL SUBMIT WHAT SUITS HIS DEFENSE. IF THE JUDGE CONSIDERS THAT THERE ARE NOT ENOUGH EVIDENCE TO VERIFY THE VIOLATION OR THREAT OF THE RIGHTS OF THE MINOR, HE WILL BE DISMISSED, AND IF HE FINDS MERIT IN SANCTIONING THE OFFICIAL, HE WILL DO SO WITH A FINE EQUIVALENT TO HIS SALARY. FROM ONE TO TEN DAYS. IN ANY EVENT THE DECISION SHALL BE REASONED. (1)
When a minor is infringed upon his or her rights by default, the Judge of Enforcement of Measures to the Child, before initiating the procedure laid down in this Article, shall require that official in the terms indicated in the The Law of the Minor Infractor.
When the facts included in the previous incisors have a more serious criminal or disciplinary sanction, the Judge of Enforcement of Measures shall refrain from knowing them and inform the competent authority.
The investigation of these facts may not exceed in any case of a month, counted from the moment in which the Judge of Enforcement of Measures to the Child, has knowledge of them. CHAPTER V GENERAL RULES
Art. 14.-The general rules of the resources established in the Law of the Minor Infractor are applicable to this law.
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Revocation
Art. 15.-The appeal of revocation proceeds against all the decisions before the Judge of Enforcement of Measures to the Minor, which issued them, except those of mere processing, in order for the latter to revoke or modify them. At the same time, this appeal may be filed in a subsidiary form, governed by this law.
This appeal will be dealt with, as applicable, in accordance with the provisions of Art. 102 of the Law of the Minor Infractor. Appeal
Art. 16.-Only the following resolutions of the Judge of Enforcement of Measures to the Child shall be appealed:
1) Those that replace or revoke a measure and those that modify the content of the detention;
2) Those that affect rights fundamental to the minor or who assume limitations
undue to them; and,
3) SANCTIONS IMPOSED ON CIVIL SERVANTS OR PUBLIC SERVANTS, PUBLIC AUTHORITIES OR AGENTS OF AUTHORITY WHICH HAVE INFRINGED OR THREATENED THE RIGHTS OF THE CHILD. (1)
The appeal will be brought before the Judge who issued the resolution before the Chamber of
Respective Minor.
This appeal shall be processed, as applicable, in accordance with the provisions of Art. 105 of the Law of the Minor Infringer. CHAPTER VI FINAL PROVISIONS AND VALID Application Application
Art. 17. In all that is not expressly regulated in this law, the Law of the Minor Infractor, the Penal Code and the Code of Criminal Procedure shall apply. Effective
Art. 18.-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 seven days of the month of June of a thousand nine hundred and ninety-five.
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MERCEDES GLORIA SALGUERO GROSS PRESIDENT ANA GUADALUPE MARTINEZ MENENDEZ ALFONSO ARISTIDES ALVARENGA VICE PRESIDENT JOSE RAFAEL MACHUCA ZELAYA JULIO ANTONIO GAMERO QUINTANILLA VICE PRESIDENT JOSE EDUARDO SANCHO CASTANEDA GUSTAVO ROGELIO SALINAS OLMEDO SECRETARY SECRETARY CARMEN ELENA CALDERON DE ESCALA WALTER RENE ARAUJO MORALES SECRETARY RENÉ MARIO FIGUEROA FIGUEROA SECRETARY
CASA PRESIDENTIAL: San Salvador, at the fifteen days of the month of June of a thousand nine hundred and ninety
five. PUBESCOSE,
ARMANDO CALDERÓN SOL, President of the Republic. RUBEN ANTONIO MEJIA PEÑA, Minister of Justice. D. NO. 114 TOMO NO 327 DATE: June 21, 1995 REFORM: (1) D.L. Nº 396, JULY 28, 2004,
D.O. NO 143, T. 364, JULY 30, 2004. NGCL/
