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Code Of Military Justice

Original Language Title: CÓDIGO DE JUSTICIA MILITAR

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 562.-

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

use of their constitutional powers, at the initiative of the President of the Republic through the Ministers of Justice and Defense and hear the opinion of the Honorable Supreme Court of Justice,

DECRETA the following

MILITARY JUSTICE

BOOK FIRST

OF CRIMINAL OFFENCES MILITARY AND PENALTIES IN GENERAL

TITLE I General Provisions

Art. 1. THE PROVISIONS OF THIS CODE SHALL APPLY EXCLUSIVELY TO MEMBERS OF THE ARMED FORCE IN ACTIVE SERVICE FOR THE CRIMES AND THE PURELY MILITARY OFFENCES (1) (2)

Art. 2.-The provisions of Book I of the Common Criminal Code shall apply to military criminal offences as soon as they permit their nature and do not object to the special requirements of this Code.

Art. 3.-The requirements of the state of necessity for the military, which in action of war for the performance of the military mission, being deprived of means of subsistence for himself or his troops, shall be understood to be taken over, even without the owner's consent, to satisfy such needs, provided that such things do not exceed the strictly necessary ones.

Art. 4.-Unsurpassed fear is not a cause of disclaimer in military crimes.

Art. 5.-In addition to the causes of mitigation of the Common Criminal Code, the following are recognized in military violations:

1st) To execute a heroic action of those mentioned in the military laws, after having committed the crime, if this has take place in war operations.

2nd) Have clean the Service Sheet, if it is Official or the Service Book if it is Class or Private.

Art. 6.-In addition to the causes of aggravation of the Common Criminal Code, the following are recognized in military violations.

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1st-Execute the offense in service acts or with damage or damage to the service; in the presence of troops formed; in the face of the enemy; in union of inferior or having participation in the crimes of these, abusing military position; in groups of two or more or in the presence of a meeting or a crowd; in besieged square or in moments close to the combat, in combat or during withdrawal;

2nd-Commit the offence by missing the word of honor or in the person of the prisoner of war or in his or her property; and

3rd-Cometer the offense when honors are given to the National Flag; or in a drunken state or by climbing walls or mocking the surveillance of faction Units.

Art. 7.-It is considered as an attenuating of insubordination, the circumstance of having been preceded, immediately, of an abuse of authority by the superior against which it is committed.

No circumstance shall be taken into consideration attenuating in crimes of treason, espionage, rebellion, desertion, armed insubordination or abandonment of the sentinel position against the enemy.

TITLE II

OF THE PENDS

CHAPTER I VARIOUS CLASSES OF PENAS

Art. 8.-The penalties are divided into Principal and Accessories.

They are Main:

1st-Death Penalty; 2nd-La Peña de Reclusion; and 3rd-La Peña de Arresto.

They are ancillary, in addition to those laid down in the Common Criminal Code, following:

1st-Military Dismissal; 2nd-Job Suspension; 3rd-Command Suspension; and 4th-Postergation.

Art. 9. THE DEATH PENALTY CAN ONLY BE IMPOSED FOR THE OFFENCES MENTIONED IN THE CONSTITUTION.

WILL BE EXECUTED BY FIRING SQUAD AND AT THE PLACE INTENDED BY THE COURT IMPOSING THE PENALTY. (1)

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Art. 10.-When, for the same reason and in the same sentence, the death penalty is imposed on two or more prisoners, not all of them must suffer it, although all must be sentenced to death in the sentence. S i shall not pass away from five, one shall suffer one; but shall pass from ten, two; but shall pass from twenty, three, and exceeding twenty, one additional for every ten or a fraction thereof.

For this purpose, the Judge shall list the prisoners in the judgment by him. order of their greatest guilt, placing first the heads, leaders or directors of the other prisoners; secondly, those who have incurred capital punishment for a crime more than the others sentenced to the same sentence; and thirdly, those who have against them very qualified aggravating circumstances.

The death penalty will be applied to the first designated in the judgment, and the others shall be replaced by the penalty of imprisonment determined by the following article.

Art. 11. The sentence of imprisonment consists in the deprivation of the freedom of the inmate and will last from six months to twenty-five years. It will be implemented in the common Penales, until special Penales are established for the military. When in substitution for the death penalty, the seclusion shall be thirty years.

When the detention is six months to three years, it may be served in the departmental or district jails.

Art. 12. The penalty of arrest consists in the deprivation of liberty from one to sixty days at the most and will be fulfilled in the Quartelles or in the Corps of discipline designated by the corresponding authority.

Art. 13.-Military dismissal is a penalty for the principal sentence of imprisonment, when it is greater than ten years; it consists in the deprivation of the military state for the duration of the sentence and the name of the sentenced person will be excluded from the escalation.

Art. 14. The suspension of employment is a penalty applicable only to Officers and consists in the temporary deprivation of the rights, prerogatives and honors of employment. It will last all the time of the main sentence, and will be accessory to the one of seclusion.

Art. 15.-The suspension of command consists in the temporary deprivation of the command part assigned to the military officer and shall be ancillary, if any, to the sentence of imprisonment.

Art. 16.-Postergation is the suspension of the right of an Officer to obtain his or her declaratory of aptitude, or to be promoted to the immediate degree, if he is fit. It will be an accessory to the principal of seclusion.

Art. 17.-The sentence of imprisonment carries with it, in addition to the accessories established in this Code, the ancillary penalties mentioned in the common legislation.

The death penalty always implies, prior to its execution, the accessory of military dismissal.

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CHAPTER II ENFORCEMENT OF THE PENALTY AND MILITARY EFFECTS THAT RESULT IN PENALTIES IMPOSED

BY COMMON COURT

Art. 18.-Within the limits established by the Law for each punishable fact, the Judge shall apply the penalty in consideration of the mitigating and aggravating circumstances that will be present, according to the assessment that he makes of the importance of the same, pointing to the statement of the reasons on which it bases its decision.

Art. 19.-When in the offence there are no mitigating or aggravating circumstances, the penalty indicated by the law shall be applied in its average degree.

When one or more extenuating circumstances are present, without any aggravating circumstances, the Judge shall impose the the minimum of the penalty indicated for the corresponding offence; and if one or more aggravating circumstances are present without any attenuating, the Judge shall impose the maximum of the penalty set for the offence.

Art. 20.-For the penalty of the attempt, the Judge shall take into account not only the proximity of the executive acts to the consummation, but the degree of subjective danger of the agent and with those bases he may impose, from the legal minimum of the penalty indicated The offense consummated up to the middle of it, except when the Code imposes special penalty on it.

Art. 21.-The accomplices of the offence tempted or consummated will be punished with the third part of the penalty imposed on the authors; but the Judge, in the case of the consummate crime, will be able to raise the penalty of the accomplices up to half of the penalty imposed on the authors, when their prudent arbitrage, by the form of participation, by the personal background, the nature of the mobile and the seriousness of the crime, justify that increase.

When the penalty imposed on the perpetrators is the one of death, the Accomplices will be punished with imprisonment of ten to fifteen years.

Art. 22.-The sentence of imprisonment of more than ten years imposed by the Courts common to the Officers, leads to the military dismissal.

The officers sentenced to imprisonment of ten years or less shall be suspended from the command while duration of the conviction.

CHAPTER III CONDITIONAL REMISSION

AND PROBATION

Art. 23.-Where an officer is convicted of the military offence for imprisonment not exceeding three years and the conditions laid down in the following Article are met, the Court of Justice, having regard to the circumstances of the event and the personal conditions of the inmate, may order the conditional remission of such penalty.

If within two years from the favorable resolution to the inmate, he has not committed a new military or common offense, or has not been reincited in Serious military misconduct, the first sentence will be extinguished.

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The suspension of the penalty does not exempt the inmate from the obligation to pay damages that has been caused by the offence, as well as the costs of the proceedings.

If the offence has been committed in time of war, the inmate shall not enjoy the benefit set out in this article.

Art. 24.-They will be indispensable conditions for suspending the fulfillment of the sentence:

1st-That the defendant has not been executed previously for military or common offense; and

2nd-That the offender has observed, before of the punishable fact, an orderly life of professional work and fulfillment of his military duties.

Art. 25.-Probation is established for those sentenced to more than three years of imprisonment who have served two-thirds of the sentence imposed, provided that they meet the following conditions:

1st-That the process has not been executed previously for military or common crime; and

2nd-May have observed good positive conduct during the execution of the penalty.

Art. 26.-It is up to the judge who gave the sentence to decree the probation, on the basis of the information the common criminal code points out.

The benefit of probation will not be granted to prisoners convicted of treason crimes.

Art. 27.-Criminal action for military crimes and the penalty imposed by them shall be extinguished as provided for in the Common Criminal Code, except in the crimes of treason and espionage, in which cases the criminal action is extinguished at the age of 20 and the penalty imposed at thirty years.

TITLE III

DEFINITIONS REQUIRED FOR THE INTELLIGENCE AND APPLICATION OF THIS CODE

ONLY CHAPTER

Art. 28. Under the term "Armed Forces", the Army, the Air Force, the National Navy, the National Guard, the National Police, and the Finance Police will be included.

Art. 29.-It is understood that there is a state of international war:

1st-When it has been officially declared; and

2nd-When there is in fact.

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Art. 30.-It is called "War Action" any attitude developed by the Armed Forces aimed at fulfilling its mission during the state of international war.

Art. 31.-It is called the "Alert Service" provided by the Armed Forces in anticipation of the fulfillment of its constitutional mission in the following cases:

1ST-When there is an alteration of peace or public order in one or more bordering countries;

2shall-When possible hostile provocations from neighboring countries are suspected; and

3shall-In the face of the possibility of alteration of the national public order.

Art. 32.-"Campaign Service" means when a force operates in a designated place or territory in a state of war, although it is ostensibly not an armed enemy, and when, for reasons of government or state, the military authority provides that the troops practice service as in time of war.

Art. 33.-It is called the "Emergency Service" provided by the Armed Forces in abnormal circumstances that threaten to alter peace or public order.

Art. 34. Under the word "enemy", the foreign combat force is understood for the purposes of this Code.

Art. 35.-The Ground, Naval or Air Forces are in front of the enemy when they are known to be known and constitute an armed force in the territory declared in a state of war or in campaign operations that makes the combat possible immediately. The anti-aircraft forces of the three weapons will also be considered to be at the front of the enemy as long as they are on alert; and the naval forces will be, in addition, when they are carrying out a mission of war.

Art. 36.-An enemy territory is considered to be occupied, when it is in fact placed under the authority of the Salvadoran Armed Forces.

Art. 37. "Safeguarding" means each of the fractions of the Armed Forces which, in accordance with International Law, are inviolable to the enemy, are already destined to guard certain buildings or places that must be subtracted from the War ravages or maintenance of public order.

Art. 38.-"Current service" are the individuals who are high in the Armed Forces.

Art. 39.-It is called "Active Service" which is performed by any military, official or employee who is high in the Armed Forces.

The Active Service will begin with the Officers and Officials from the moment they receive, personally, the written communication from the Ministry of Defense, as well as for the individuals from the reserves that are called for the active service. For troop individuals it will start from the moment they have been made aware of their appointment to the Corps from where they will be discharged.

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Art. 40.-They are "high":

1. Those who are appointed for office or situation in the General Order of the Ministry of Defense;

2. Those who are appointed with charge or situation in the Order of a Body;

3. Agreement of the Executive on the National Defense Ramo for any activity related to the military service; and

4forth The individuals of the reservations that are called for the active service.

Art. 41.-It is understood by "Act of the Service" that refers to or has a relation to the functions that each military officer, official or military employee, corresponds, due to the fact that they belong to the Armed Forces.

Art. 42. "Arms Service" means any military act that claims in its execution the use, employment or management of the same, in accordance with the regulations, general provisions or the special provisions dictated by the Chiefs in their case.

also as "Arms Service", even if they are not used or managed:

1The act of receiving, transmitting or fulfilling an order relating to the service of weapons;

2shall All preparatory act to be assembled or to be assembled, when the troops are found gathered or called to enter training; and

3Any Preliminary or Post-Same Act weapons service, which relates to or affects its execution.

Art. 43.-"Military" means all officers or individuals of troops who with ownership of employment or assimilation form Armed Forces.

Art. 44.-The name of Officers comprises the Military with grade from Sub-Lieutenant, or its equivalent, to General or Admiral inclusive, classified in the following categories:

1General and Admirals comprising the Officers with these degrees;

2rateheads, which comprises the military with degrees of Major to Colonel; and

3official officers, comprising the Military with degrees from Sub-Lieutenant to Captain.

Art. 45.-The denomination of "Troop Classes" or simply "Classes" will comprise the Sargents, Sub-Sargents and Cabs.

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Art. 46.-It is understood by "Superior", the one who exercises command or military jurisdiction with respect to others:

1counsel By virtue of commission or charge entrusted to him;

2shall By legal succession of command; and

3shall By virtue of his degree or employment.

Art. 47.-It is understood by "Military Authority", the individuals of the Armed Forces who alone and by virtue of their function or position, or as members of some Military Tribunal, exercise their own jurisdiction.

Art. 48.-It is called "Order or Slogan", the command of the superior with respect to what must be done, executed or prevented to be done or executed on matters of the military service.

Art. 49. -It is considered "Troop Formed", which has met in accordance with the regulations, for the performance of any act of the service or for the execution of any tactical function.

Art. 50.-It is considered that a fact has been committed in front of troops, when they are witnessed by more than five individuals of the military state.

Art. 51.-A troop or a military personnel are of "Faction", when they are destined to remain in a given position, or zone, fulfilling a special mission, by virtue of a superior order for the continuous surveillance or for the security of the ordered mission.

Art. 52.-The "voice of the body" means the abrogation by two or more individuals of the Armed Forces, of the representation of a faction, Unit or Body to which they belong, to protest or to claim before a superior.

Art. 53.-"Body of discipline" is the place where military offenders remain deprived of their personal freedom during the penalty of arrest. As long as there is no special body for the fulfillment of this penalty, it will be the Armed Forces ' Quartelists.

BOOK II OF MILITARY CRIMES AND THEIR SENTENCES

TITLE I CRIMES AGAINST INTERNATIONAL PERSONALITY OF THE STATUS

CHAPTER I BETRAYAL

Art. 54.-THE SUBJECT TO THE MILITARY JURISDICTION WHICH, IN THE TIME OF INTERNATIONAL WAR, WILL COMMIT TREASON, WILL BE PUNISHED WITH THE DEATH PENALTY. (1)

When the act of treason will be executed in time of peace, the sanction will be the death penalty if the independence or integrity of the Republic has been endangered or serious damage has been caused to the military forces; more, if the act has not produced the effects noted, the sanction will be twenty to twenty-five years

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of seclusion.

Art. 55.-They are considered particularly acts of treason:

1have to take arms against El Salvador under the enemy flag;

2have to provide the enemy with the entry into the national territory, the taking or destruction of the square or position, military post, port, arsenal, naval or air base, airport, ship or aircraft of the State, factory or warehouse of war material or other military establishment;

3shall Deliver to the enemy, for the purpose of favouring it, the military establishment square or position, post, ship, aircraft or force to their orders or at their disposal;

4/ promote plot or seduce strength in a besieged or blocked square, to force the one to surrender, capitulate or withdraw;

5. Prevent the national troops from receiving timely, aid in men, food or equipment;

6 To seduce Salvadoran troops or to be at the service of El Salvador to pass on to the enemy ranks or to turn off their flags;

7enlisting to recruit people in Salvadoran territory to wage war on the homeland under enemy flags;

8 Serve as a guide to the enemy for military operations against troops, aircraft or vessels national;

9order to prevent, disturb or delay, to favor the enemy the timely arrival at its destination of order, data or news;

10 to maliciously give inaccurate or false news regarding the enemy, in order to favor it; or to divulge also maliciously news that infuses panic, discouragement or disorder in the troops with the same aim of favoring the enemy;

11 to stop completely or partially fulfilling an official order or to alter it in an arbitrary manner, with the aim of Favor the enemy;

12 " Cause to provoke the escape or to prevent the gathering of the disbanded troops dolefully in the presence of the enemy;

13 to release prisoners of war with the object of thickening the enemy ranks;

14 to Hide, to make or to put in the exception of a spy or enemy agent, knowing his condition;

15 Cometer any of the facts foreseen in this Code as constituting espionage;

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16 Provoke Or Maliciously Cause a Declaration of War Against El Salvador of another nation;

17 to cause or cause maliciously to cause a declaration of war against a nation allied in time of war, by another nation;

18 to Cometer any other act similar or analogous to the foregoing, with the object of enabling, hindering or preventing the action of the Armed Forces or assisting in any form to the enemy.

Art. 56.-If the facts referred to in ordinal 16 and 17 of the previous article were made by recklessness, the penalties shall be fifteen to twenty years of imprisonment.

Art. 57.-The senior military officer who during a war in which El Salvador does not intervene, executes any act that compromises the neutrality of this or infracts the government's provisions to keep it, will incur the penalty of imprisonment of five to ten years. years.

If the war had occurred as a result of the compromising acts referred to in the previous paragraph, the sentence of imprisonment shall be fifteen to twenty years.

Art. 58.-The senior military officer who in favor of the enemy violates the provisions dictated by the Government of the Republic on war smuggling, will be punished with the sentence of imprisonment of five to ten years.

Art. 59.-The military officer of discharge who committed any of the crimes expressed in the previous articles against a State allied to El Salvador, in the case of a campaign against the common enemy, will be punished with the imprisonment of fifteen to twenty-five years.

Art. 60.-The military man who has knowledge of an act of treason, in time of being able to avoid it, and I will not try to prevent him or in case of impossibility will not immediately give up his superiors as soon as he could, will be punished as an accomplice.

Art. 61.-In any act of treason, the attempt will be punished with the sentence of imprisonment of half to two thirds of the penalty that would correspond to the authors if the crime has been consummated. If the death penalty is the death penalty, the attempt will be punished with imprisonment of ten to fifteen years.

The conspiracy and the proposition for any of the acts constituting treason, will be punished respectively with the half and the third of the penalty pointed out to the perpetrator of the consummate crime. If the penalty is death, it will apply from five to ten years of imprisonment for the conspiracy; and three to seven years for the proposition.

Art. 62.-The commutation or pardon of the sentence imposed on a traitor, leaves subsisting the accessory of military removal and the traitor in no time can again enter the Armed Forces.

Art. 63. -REPEALED (2)

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CHAPTER II ESPIONAGE

Art. 64.-Comet crime of espionage every individual of a foreign nation that, using some pretext or any hidden, stealthy or disguised way, penetrates in the squares, arsenals, shipyards, strong military, armed warship or unarmed, war aircraft, camps, military airfields or any military establishment or military zone that the Army occupies in time of war or prohibited by the military authorities, in order to do recognitions, croquis, take photographs, make plans or collect in general news, information or documents that may be of use to the enemy or serve a foreign power in the event of war.

It is also considered as a spy to organize, install or employ any means of communication or transmission, such as radio stations, radiogonometers or in general any procedure that allows the enemy to communicate or receive signals, as well as to carry out commissions on behalf of a foreign nation in order to provide, in peace time, reports on political secrets, State diplomats or military.

SPIES, IN TIME OF INTERNATIONAL WAR, WILL BE THEY WERE PUNISHED WITH THE DEATH PENALTY AND, AT PEACE TIME, WITH A 12-TO-20-YEAR-OLD SECLUSION. (1)

Art. 65.-They are not spies:

1. The enemy soldiers who are manifestly and uniformed, so that the uniform cannot be confused with that of the Salvadoran Armed Forces or with that of its allies, execute any of the acts referred to in the Previous article;

2Post Mails, advanced, recognition units, or persons who, without surreptitiously or artificiously entering the designated places, transmit news to the enemy, being at the service of the enemy; and

3. on ships or aircraft recognize in time of war the positions of the Salvadoran Armed Forces or cross their lines.

Art. 66.-The persons referred to in the previous article shall be subject to the laws of war prescribed by International Law or to the provisions of the treaties on the subject.

CHAPTER III CRIMES AGAINST THE LAW OF THE PEOPLE, OF DEVASTATION, LOOTING AND SABOTAGE

Art. 67.-Incurrira in the sentence of imprisonment of fifteen to twenty years, the military executing acts of manifest hostility against a foreign nation, provided that the war is over; or violation of truce, armistice, capitulation, or other convention celebrated with the enemy, provided that his acts overcame the continuation of the war or that violence or reprisals were produced. In other cases the sentence will be of imprisonment of five to ten years.

Art. 68.-Incurrira in the prison sentence of fifteen to twenty years, the military man who in time of

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international or civil war, without requiring war operations, setting fire or destroying ships, aircraft, buildings or other properties or loot the inhabitants of villages or the countryside or commit acts of violence on persons.

Art. 69.-Incurrira in the sentence of imprisonment of ten to fifteen years, the military man who in time of war commits any of the following acts:

1XX_ENCODE_CASE_One compel the prisoners of war to fight against their flags, the maltreatment of work, the injury seriously or does not provide any necessary healing or food being able to do so;

2directly Attack and without need hospitals, Red Cross staff and equipment, charity centres, vessels, aircraft or transport means dedicated to identical purposes, provided that they are protected by the signs established for identification;

3rduya, in friend or enemy territory, temples, libraries, museums, aqueducts or remarkable works of art, as well as telegraphic or other communication paths, without requiring the operations of the war; and

4/ word to an MP.

Art. 70.-Incurrira in the sentence of imprisonment of five to ten years, the military officer despoiling his clothes or other personal garments to an injured person or prisoner of war to appropriate them.

The penalty may be raised to fifteen years of imprisonment if The injured will be caused by other injuries that will aggravate their condition.

Art. 71.-He will be in the prison sentence of five to ten years, the military man who in time of war, he despoils his companions, killed in action of war, of money or to the alhajas that they carry with them and they take them.

Art. 72.-The military man who in time of war will take undue or unnecessarily buildings or objects of furniture, will be punished with the sentence of imprisonment of one to five years.

The military that out of necessity of the operations will occupy buildings or objects And I will not give part to the superior, as soon as possible, of the occupation carried out for the legalization of the same, will be punished with the sentence of imprisonment of six months to one year.

Art. 73.-The Officer who does not put all the means at his disposal to prevent his deputies from committing acts of devastation, looting or pillage in this chapter, will incur the sentence of imprisonment of five to ten years.

Art. 74.-The military officer who, with his actions, exposes elements of the Armed Forces to vexations for reprisals in their persons or property, will incur the sentence of imprisonment of five to ten years.

Art. 75.-The military officer who in a time of peace destroys or will not use, in whole or in part, for the purpose of sabotage, even if he is temporarily the means of attack or defense, communication, transport, supply, deposits or other military works, or employed in the service of the Armed Forces, will be

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sanctioned with imprisonment of five to ten years.

If the indicated acts are to be performed in Time of war, the offence will be considered as treason and will be subject to the penalty of this last offence.

TITLE II

CRIMES AGAINST THE INTERNAL PERSONALITY OF THE STATE AND AGAINST THE SECURITY OF THE NATIONAL ARMED FORCE

CHAPTER I REBELLION

Art. 76.-They are prisoners of the crime of rebellion, individuals subject to military jurisdiction to be in arms against the Constitutional Government, for any of the following purposes:

1depose some of the government's public powers National or to prevent, even temporarily, the free exercise of their constitutional powers or their formation or renewal in legal terms and forms;

2ustraer to the State or part of it or to the Armed Forces, in whole or in part, of The obedience of the Constitutional Government; and

3. Exercise by itself the powers

The constitutional law of alternation in the Presidency of the Republic does not violate the constitutional rule of alternation in the Presidency.

Art. 77. -It is also considered rebellion, the uprising in arms for any of the following purposes:

1st-Stop the Commander-in-Chief of the forces operating against the enemy;

2nd-Prevent him to take charge of the military command, in war operations, the military designated by the superior;

3rd-Sustraer to the Armed Forces or part of it, to obedience due to its superiors; and

4th-Refuse to make high, attack or defend, contravening the orders of the superior in operations of war against the enemy, if the fact does not revive the characters of betrayal.

Art. 78. IN THE CASE OF REBELLION, IF AT THE TIME OF INTERNATIONAL WAR, THE MILITARY WHICH HAS INDUCED THE REBELS AND THOSE WHO ARE LISTED AS PRINCIPAL CAUDILLOS OR RINGLEADERS SHALL BE PUNISHED WITH THE DEATH PENALTY IF IT IS CARRIED OUT IN TIME OF PEACE, THE PENALTY IS REDUCED TO IMPRISONMENT OF TWENTY TO TWENTY-FIVE YEARS FOR ALL THE GUILTY. (1)

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The military who exercised command in the rebel forces and are not included in the The former will suffer from fifteen to twenty years of imprisonment, if the rebellion will be verified in time of war; ten to fifteen years of imprisonment, if it will be verified in time of peace.

All other military members who participate in the They will suffer from ten to fifteen years of imprisonment, if they were committed in time of war, and five to ten years, if the rebellion will be verified in peace time.

Art. 79.-REPEALED (2)

Art. 80.-If it is not possible to discover who or who are the bosses, caudillos or promoters of the rebellion, it will be presumed legally that they are the ones who take the upper command of the rebel forces or elements, or carry the voice for them, or sign proclamations or other writings issued in his name, or other similar acts on behalf of the others.

If of those who took part in the rebellion, no person is in the cases mentioned in the previous paragraph, they are legally presumed to be Chiefs or leaders of the rebellion the military of higher graduation or seniority.

CHAPTER II SEDITION

Art. 81. Individuals subject to military jurisdiction who, without disknowledge of the authority of the Constitutional Government, are subject to the crime of sedition shall be publicly and tumultuous to obtain with force or violence any of the objects. following:

1envi-Prevent the enactment or execution of the laws or the celebration of the popular elections by direct acts; and

2envi-Prevent any military authority from exercising its administrative functions or judicial.

Art. 82.-They shall also be deemed to be a crime of sedition:

1'lance-Military who, by concert, in number of four or more, refuse to obey their superiors in matters of service, resist to perform their duties or make claims or petitions in tumult;

2rales-Military personnel who, in number of four or more, make collective claims or requests on their body and with the weapons in hand, even if no tumult is promoted, or in another way that does not conform to the rules established by law or military regulations.

Art. 83.-The sedition referred to in Art. 81 will be punished as follows:

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1Ecluse-For military inductors or principal ringleaders, with imprisonment of ten to fifteen years, if sedition will be verified in time of war; and with the penalty of imprisonment of five to ten years in time of peace; and

2shall-The other military members who participate in the sedition and are not included in the previous paragraph, with penalty of imprisonment of five to ten years, which the court will appreciate discretionally, according to the graduation and time of war or peace circumstances.

Art. 84.-The sedition referred to in Art. 82 shall be punished as follows:

1shall-When the offence takes place in front of the enemy, in acts of service, within the military barracks or establishment, by the use of arms or by violence against the above, with the sentence of imprisonment of ten to fifteen years for which the voice is brought or to the front of the seditious; and with five to ten years of imprisonment, for the mere executors; and

2shall-In other cases, with the penalty of five to ten years of seclusion, the first mentioned in the numeral 1 of this article; and with the one to three years for the mere executors.

Art. 85.-REPEALED (2)

Art. 86.-It shall be considered as a promoter of the offence of sedition referred to in Art. 82, the military officer who is the troops on the arms or assembled to take them, raises the voice in a subversive sense or otherwise excites the perpetration of the crime.

When the author is not immediately discovered, the six individuals who the Officers or the Officer present, who are the closest to the place where the subversive voice would have gone, will suffer the penalty indicated by the law. will be exempt from it, if you find out who is the real culprit.

Art. 87.-When the seditious is dissolved or submitted to the legitimate authority before the intimation, or as a result of it, or in the presence of a superior, the penalty shall not be imposed on the executors, but the imprisonment of six months shall be applied to a year to inducers, promoters and heads of sedition.

CHAPTER III COMMON PROVISIONS TO CRIMES OF REBELLION AND SEDITION

Art. 88.-The military man who, without taking part in a conspiracy, has knowledge that an act of rebellion or sedition is to be committed and, being able to do so, will not immediately give up his superiors, will be punished with the imprisonment of one to five years.

Art. 89.-The Officer or Class, who has not resisted a rebellion or sedition by all means at his disposal to contain or rule it, shall be punished with the sentence of imprisonment of one to five years; but if such Officer is Commander of the Body or of The Unity to which the rebels or seditious belong, the penalty will be five to ten years of seclusion.

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Art. 90. Common offences committed during a rebellion or sedition or on occasion shall be punished in accordance with the common criminal law. When the authors cannot be discovered, they will be punished as such, the main officers of rebellion or sedition.

Art. 91.-The proposal and the conspiracy for the crimes of rebellion and sedition will be punished with the sentences of one to five years of seclusion the first, and with six months to three years of seclusion, the second.

conspirators or authors of proposals for crimes of rebellion or sedition that freely or spontaneously desist from their purposes.

Art. 92. The attempts of crimes of rebellion or sedition will be punished with the penalty of imprisonment of the minimum to the average degree of the penalty that would correspond to the consummate crime.

Art. 93.-The military, in the form and in the time that they establish orders that are published by the legitimate military authorities, to lay down their arms before they have made use of them and to submit to the authorities mentioned above, they will be exempt from the penalties that they would have as rebels or as seditious, if they are mere executors. If they have military employment or have some command in the rebel forces, they will incur the minimum penalty of the corresponding ones or will also be exempt from punishment, the tribunal's arbitration.

CHAPTER IV CRIMES AGAINST SENTRIES, SAFEGUARDS, ARMED FORCE,

FLAG, SHIELD AND NATIONAL ANTHEM

Art. 94.-The military officer who commits any violence against sentinel, safeguard, checkpoint or patrol with arms, will be punished with imprisonment of three to six years.

If the violence is done without weapons, it will be sanctioned with imprisonment of one to three years.

If these same facts are produced in time of war, the penalty will be ten to fifteen years in the first case; and six to ten in the second, without perjury of the penalty corresponding to the common crime that I will turn out.

Art. 95.-Incurre in the same sentence of the previous article, the military that resists with acts of violence to a patrol that proceeds in compliance with a slogan.

Art. 96.-The military officer who threatens a sentinel or safeguard with a weapon shall be sentenced to one to three years of imprisonment, if he is an Officer, and six months to one year of imprisonment, if he is a Class or an individual of the troops.

In time of war the penalties set to increase by half.

Art. 97. The penalties laid down in the three preceding articles shall also apply where the offences are committed against the persons in charge of the radio, telegraph, telephone and other means of communication, against imaginary ships, barracks and military establishment or against the driving force of military orders or documents.

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Art. 98.-The military officer who publicly, in writing or in writing, vertises insulting concepts against the Armed Forces for any of its Institutes, Arms or Corps, will be punished with the sentence of imprisonment of six months to one year.

Art. 99.-The military man who publicly vilifies the Republic, or one of the State Powers, will be sentenced to one to three years.

Art. 100.-The military officer who publicly vilifies the National Flag or other State emblem or National Anthem, will be sanctioned for one to six years.

TITLE III

CRIMES AGAINST MILITARY DISCIPLINE

CHAPTER I INSUBORDINATION

SECTION I DISRESPECT TO TOP

Art. 101.-Comete insubordination of the military who lacks, in any form, respect due to the authority or the personal dignity of the superior.

Art. 102.-The insubordination of work to a superior, even if it does not cause any harm, will be punished:

1. With the penalty of ten to fifteen years of imprisonment if I verify it during operations in front of the

when it will be checked in time of war, but not in front of the enemy;

3per three to six years of seclusion when it occurs in formation, in time of peace;

4of Two to five years of seclusion when it occurs at the time of the any other act of the service, in time of peace; and

5For from six months to two years of imprisonment, if any committed in time of peace and in any event of the service.

If, as a result of insubordination, injury or death of the superior is imposed, the penalties corresponding to those crimes shall be imposed in accordance with the common criminal code.

Art. 103.-The insoburnation of word, gestures or manners to a superior, in his presence or in writing addressed to him will be punished:

1'With the penalty of five to ten years of seclusion, when it will be verified against the enemy;

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2envres With the penalty of two to five years of imprisonment when committed in time of war and not in front to the enemy;

3per one to three years of imprisonment when it occurs in formation, at peace time;

4/ or with the penalty of imprisonment of one to two years when it occurs at the time of any other act of the service, In time of peace; and

5envane With the sentence of imprisonment of six months to one year if it is committed in time of peace and outside of the service acts.

Art. 104.-If the lack of respect for a superior, be it of work or of the word, has place for having been the inferior offended in his personal or family honor, it will not be considered the fact as insubordination, but will be sanctioned according to the legislation, provided that insubordination is not verified against the enemy.

Art. 105.-The lower one who will challenge or retard a superior, in his or her presence, through emissary or written, will incur the sentence of imprisonment of six months to two years.

SECTION II DISOBEDIENCE

Art. 106.-The military officer who in front of the enemy or in emergency service violates an order of the service or makes resistance to its compliance, will incur the sentence of imprisonment of ten to fifteen years.

If the fact has place outside the cases referred to in the previous paragraph, the penalty will be five to ten years of imprisonment.

Art. 107.-The military officer who, without justified cause, no longer fulfils an order of service, will incur the penalty of three to seven years of imprisonment, if at war, and six months to two years, if at all times of peace.

Art. 108.-In the cases of war-time disobedience referred to in the previous two articles, the penalties will be increased to double, if the disobedience produces any of the following consequences:

1th That a military operation may be put into effect;

2nd The loss or defeat of any Unit or Corps of the National Armed Forces or Allied Army;

3rd The capture, destruction or abandonment of a convoy of arms, ammunition, supplies and injuries;

4th That it will be favored, in any form, plans, or operations of the enemy.

Art. 109.-The one that demorates or does not attend to the fulfillment of a higher order that is pointed out by your

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employment, residence or office, will suffer from six months to one year of imprisonment, if the delay has caused damage or disturbance to the service.

Art. 110.-The person who does not comply with the permanent provisions dictated by general orders will incur the sentence of six months to one year of imprisonment, if the event causes damage or disturbance to the service.

Art. 111.-The military officer who, in the exercise of his authority or command, is arbitrarily exceeded or improperly used, causing injury to the military service shall be punishable by imprisonment of one to five years, according to the seriousness of the damage.

Art. 112.-The military officer who, by abusing the forces at his disposal or the functions of his office, forces with threats or violence that do not constitute a serious crime to do or to stop doing something, in order to procure for himself or for third a benefit, will be sanctioned with one to three years of imprisonment.

Art. 113.-The military officer who is arbitrarily exceeded in the performance of his duties by harming a child, or who treats him as a prevalet of his authority, shall be punished with the sentence of imprisonment of one to three years, without prejudice to the common crime that could result.

If the act is produced by being the lower in formation or in any act of weapons service or in the presence of its companions, it may be increased the penalty up to a third part.

Art. 114.-The military officer, who in personal pendency provoked by him, requests and obtains help from sentinels, company, detent or guard, will be punished with the sentence of imprisonment of six months to one year.

Art. 115.-The military officer who assumes or retains an undue command shall be punished with the sentence of imprisonment from six months to one year but, in the time of war, the penalty may be increased up to a third.

Art. 116.-The military officer who, without a manifest need, initiates or undertakes without order a war operation with the troops on his orders, will be punished with the sentence of imprisonment of six months to one year.

Without the fact, he has put in danger troops of the Armed Forces or have caused a defeat or any other serious damage to the operations of war, the penalty will be ten to fifteen years.

TITLE IV

CHAPTER SINGLE CRIMES AGAINST MILITARY HONOR

Art. 117.-The soldier who, in action of war or in front of the enemy, turns his back and flee, or makes such a demonstration of panic that puts the troops in imminent danger of contagion, will suffer the sentence of imprisonment of fifteen to twenty years.

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The one who has incurred the offence referred to in the previous paragraph, returns to the action and is In a dignified manner, he will be punished only with disciplinary punishment; and he will be exempt from any penalty if he gives evidence of extraordinary value, performing some heroic act.

Art. 118.-The military man who, in action of war or in front of the enemy, abandons his weapons without justified cause, shall be punished with the sentence of imprisonment of five to ten years; and if he is an officer, he shall be previously dismissed.

Art. 119.-The military officer who refuses to remain or to be placed in the position of the enemy, withdraws or cedes the position whose defence or position has been entrusted to him, without being obliged to do so by force majeure, shall be subject to the sentence of imprisonment of Five to ten years.

If the acts referred to in the previous paragraph are committed against rebels or sediments, the penalty will be three to seven years of imprisonment.

Art. 120.-The military officer who, without having employed all the means of defence at his disposal, surrender by capitulation or surrender to the enemy without resistance any troops, vessel, aircraft, square or post whose command he has or whose defence has been given to him

without the acts referred to in the previous paragraph, they are committed against rebels or sediments, the penalty may be reduced by half.

Art. 121.-The military officer who, without being forced to do so by force majeure, is allowed to snatch a convoy of wounded, arms, ammunition, subsences or money by the enemy, and will incur the sentence of imprisonment of five to ten years.

Art. 122.-The military who, without offering to be resistance, will be left to remove by the enemy the banner or the National Pavilion that I will bring or guard, will be punished with the sentence of imprisonment of fifteen to twenty years.

Art. 123.-The military officer who shall be mutilated or permit another to move him in order to exempt himself from the obligations of the military service, either temporary or permanent, shall be subject to the sentence of imprisonment of one to five years if he is in a time of war and,

The military who with alleged diseases or any other motive or cause or apparent cause or cause to evade the performance of his duties, will be punished with the sentence of one to three years. " years if at war time; and, six months to a year, if in a time of peace.

Art. 124.-The military officer to whom a commission will be reserved and will reveal to be entrusted or will give information concerning his object, will be punished with the sentence of one to three years.

If the event results in damages to the service or if it occurs in time of war, the penalty will be five to ten years of imprisonment.

Art. 125.-The military officer who opened an order or dispatch whose driving or transmission was entrusted to him, will incur the sentence of imprisonment from six months to one year; but he will disclose the contents of the order

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or the issue violated, the penalty will be one year to three of seclusion.

Art. 126.-The military officer who opens or permits to open without competent authorization papers or closed documents whose custody is entrusted to him, will incur the sentence of imprisonment of six months to one year.

Art. 127.-The military officer who, in the presence of his superiors, throws with contempt his insignia or military currencies will be punished with the sentence of imprisonment of one to three years; if he does so alone or in the presence of his deputies, with half of that penalty.

Art. 128.-The military officer who, in a sign of contempt for his articles, dispatches, diplomas or appointment or is stripped of his or her insignia or military currency, will incur the sentence of imprisonment from six months to one year, and the military will not have any effect on him. appointment, dispatch or disowned diploma.

Art. 129.-The military officer who, by abusing his or her quality or functions, forces or induces any to give or promise unduly to him or to a third party money or other utility, shall be punished with the sentence of imprisonment of three to seven years.

TITLE V

CRIMES AGAINST MILITARY SERVICE

CHAPTER I ABANDONMENT OF SERVICE, DESTINATION, OR RESIDENCE

Art. 130.-The military officer who is not in his position for the performance of any of the acts of the service and who does not duly justify his absence, will be punished with imprisonment from six months to one year.

If the event takes place in time of war, the penalty will be one to three years of seclusion.

Art. 131.-In the same penalties as the previous article, the Officer who has requested his discharge will leave the service before it has been granted and communicated to him.

Art. 132.-The abandonment of service in combat, in front of the enemy or in circumstances such as to endanger the security of the Armed Forces, in service of alert or emergency, will be punished with imprisonment of ten to fifteen years.

(a) the service abandonment, when the one who finds himself is separated from his post at a distance which makes it impossible for him to exercise due vigilance or to comply with the orders relating to the service to be provided.

Art. 133.-The abandonment of destination or residence shall be sanctioned with imprisonment of one to three years, if it is verified in time of peace; but if it is in time of war, the sentence shall be that of imprisonment of ten to fifteen years.

Cometen abandonment of destination or residence, officers:

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1Et When three continuous days are missing from the place of your destination or residence without authorization above;

2When they are not presented to the top of whom they depend, forty-eight hours after their temporary license is expired;

3When they do not reach the point of their destination; they return after a march or deviate from the He said that in his passport he was told as indispensable, doing it without a corresponding order and without justification;

4When the forces to which they belong are in place are left in the populations without the corresponding permission or when belonging to the crew of a ship or an aircraft, it will remain on land, without cause legitimate when they set sail;

5Est When they have received an order of march, and, a legal impediment, they do not immediately undertake it after the next forty-eight hours; and

6When their release as prisoners of war and do not present, without justified cause, any military authority of the Republic in the five days from entering the national territory, or to the Salvadoran diplomatic or consular authorities if they are abroad.

Art. 134.-The abandonment of service, destination or residence, committed by civilians in the service of the Armed Forces, shall be sanctioned with half of the penalties specified in the previous articles that are applicable to them.

CHAPTER II DESERTION

Art. 135.-Comet offence of desertion the individual of troops who during the time of compulsory military service:

1shall be arbitrarily false to the lists of challenges for three consecutive days in a time of peace, or for forty-eight hours, in time of war;

2shall when exceeded for three consecutive days in peacetime or for forty-eight hours, in time of war, without justified cause, of a temporary license;

3shall When after missing for two consecutive days to the a retreta list, you will be found outside the place of your destination and at a distance that evidences the purpose of leave the rows;

4When it is disguised or hidden on board vessels or aircraft ready to sail; and

5When the forces to which it belongs or at the time of the ship or aircraft of the vessel are in motion. Part, do not join it or be grounded without the corresponding permission or for reasons that are not legitimate.

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Art. 136.-They also commit desertion:

1The military or reservists, in case of war or mobilization, that do not appear in the time and place that points to the respective order;

2Please the persons who have been summoned to be incorporated in accordance with the provisions of the regulations and shall not be made within three days of the date on which they are fixed for incorporation, in time of war;

3shall the individual of the troops who is a prisoner of war shall be released and shall not be submitted to the competent authorities within five days of its recovery, if be found on national territory, or the Salvadoran consular authorities if they are abroad.

Art. 137.-Simple desertion will be punishable by six months to one year of imprisonment.

Art. 138.-Qualified desertion is the one committed with one of the following circumstances:

1st.-In time of war, in front of the enemy;

2nd.-In time of war;

3rd.-Front of rebels or seditious;

4th.-With violence, fracture or escalation;

5th.-Carrying weapons, ammunition, instruments, tools, tools, or items of equipment, except for the uniform of use indispensable at the time of defection;

6th.-Valerse of assumed name or of disguise;

7th.-Hating in service acts or serving disciplinary penalties; and

8th.-Having been sworn in to the Flag.

Art. 139.-Qualified desertion will be punished:

1. In the case of the first number of the previous article, with the sentence of imprisonment of ten to fifteen years;

2shall in the case the number second, with the sentence of imprisonment of five to ten years; and

3In all other cases with the imprisonment of two to five years.

Art. 140.-There is a plot of desertion, when four or more individuals have consummated the crime according to and jointly.

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If the defection plot will be verified in operations against the enemy, or in time of war, the death penalty will be applied to the heads or leaders of the plot; and to the other participants the sentence of imprisonment of fifteen to twenty years.

In all other cases the complotists will be punished with the penalty that corresponds to the fact, according to your circumstances, increased by up to a third.

CHAPTER III INFRINGEMENT OF THE DUTIES OF THE SENTINEL AND VIOLATION OF SLOGAN

Art. 141.-The military man who in the state of faction or sentinel leaves his post will be punished.

1. With the sentence of imprisonment of ten to fifteen years, if the fact will be verified against the enemy;

2nade With the sentence of imprisonment of five to ten years, if the fact will be verified in time of war;

3. With the sentence of imprisonment of three to five years, if the fact will be verified in service of alert or emergency; and

4It with the penalty of six months to one year of seclusion, in the other cases.

Art. 142.-The military man who is serving as a faction or sentinel shall be punished:

1imprisonment With the penalty of eight to five years of imprisonment, if the fact is committed against the enemy;

2shall be punishable by three to five years of imprisonment, if the committed in times of war;

3. With the penalty of one to three years of imprisonment, if the fact is verified in an alert or emergency service;

4For the sentence of imprisonment of three to six months in other cases;

The military which will be inebriated being of faction or sentinel will be punished with the previous penalties to its maximum degree.

Art. 143.-The sentinel that is distracted from his duties to the detriment of the service, will abandon his weapon or will shoot it without justification will be punished:

1. With the penalty of three to five years of imprisonment, if the fact is verified against the enemy;

2It is punishable by one to two years of imprisonment, if the event is committed in time of war; and

3shall be punishable by three to six months of imprisonment, in other cases.

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Art. 144.-The military officer who in any way breaks or violates a slogan in the presence of the enemy, will suffer the sentence of imprisonment of three to five years.

If the violation of the slogan results a serious injury to the Armed Forces, to the Unit or the detachment to which the infringer belongs, or an action or a military operation shall be prevented, the penalty shall be fifteen to twenty years of imprisonment.

If the slogan has been broken or violated in time of war or does not produce the intended in the previous paragraph, the penalty will be one to three years of imprisonment.

In the other cases the penalty will be six months to one year of seclusion.

Art. 145.-The military who, by negligence, shall be known to the enemy or individuals, the slogan or a reserved order on the service of arms, shall be punished with the sentence of imprisonment of five to ten years in operation or in front of action to the enemy; in emergency service, with the penalty of one to two years; and six months a year in other cases.

CHAPTER IV EXACTION

Art. 146.-The military officer who prevales his condition or position, for profit purposes for himself or for third parties, copper contributions or forced contributions without authorization to do so and, the one having that authorization, was exceeded for the same purpose in their powers, will be punished with the penalty of three to five years of imprisonment.

If the levy has not been committed for personal purpose if not for public benefit and the required contribution exceeded two hundred colones, it shall be punished with the six months and one year of seclusion.

TITLE VI

ARMED FORCE MANAGEMENT AND INTERESTS

CHAPTER I THEFT AND MILITARY THEFT

Art. 147.-Military theft is considered to be committed by persons subject to military jurisdiction, when they are entitled to the following objects:

1Weapons, gunpowder, ammunition, documents or other military effect, owned by the State and attached to the military service;

2movable movable objects belonging to those who supply arms, gunpowder or other objects for military service, as soon as such objects belong to the order of supply, provided that the offence is committed in time of war or in emergency service;

3Objects Objects or effects saved from war or from a Public calamity, in the moments of being saved if the one who takes over them is military of faction at the site of the sinister

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in case of public calamity;

4/ Objects Taken to Injured, Prisoners of War or to crew of vessels or aircraft caught or subjected to military visit; and

5th Objects on board a dam, when the dam has not yet been declared such.

In the last three numerals the violence is presumed.

Art. 148.-Military theft will be punished with the penalties specified in the common law, but are special aggravating circumstances, which produce the effect of increasing the penalty up to half the following:

1. faction or performance of another commission or service;

2nd Execute within ship, aircraft, barracks, tent, or other military installations;

3rd Cometerle vs. the Enemy; and

4th Cometero in Time of War or campaign service.

The military theft referred to in the first paragraph of the previous article if be committed in time of war and as a result of it shall be thwarted any action or military operation or shall be caused irreparable damage, if the fact does not constitute a more serious offence shall be punished with the maximum penalty of robbery increased by half; and If it is in emergency service, the penalty will be the maximum of the theft, increased by a third party.

Art. 149.-Military theft is considered to be committed by persons subject to the military jurisdiction of objects referred to in the first and second numerals of Art. 147 and, in addition, the seizure of clothes, jewelry, money and other objects of the dead in combat, and will be punished with the penalty that the increased common law states in a third party; but if the theft recesses on weapons, gunpowder, ammunition or documents or other military objects and is committed in time of war, producing as result of a frustration of any military action or operation or will be caused irreparable damage, if the fact does not constitute another serious crime, the penalty will be increased by half.

CHAPTER II FRAUD AND EMBEZZLEMENT

Art. 150.-Comet crime of defrauding and misappropriation of the military man who, by reason of his employment, money, title of credit or any piece of furniture belonging to the State and attached to the Armed Forces, bring them in his legal applications for self-benefit or for others or will administer them in an unfaithful way.

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Art. 151.-It is especially true of the crime of defrauding.

1. The one that in a supply contract for the Armed Forces, for handouts or promises favors some contractor, or favors itself;

2El that in the distribution of wages, supplies, fodder or other things, commits an infidelity of any kind whatsoever;

3. The military officer who has fraudulently worked with respect to the nature, quality or quantity of works, labor or provisions intended for the military use; and

4/ The military officer in charge of supply or anything else for the service military, which willfully lacked its due delivery.

Art. 152.-This is especially true of the offence of embezzlement:

1It is that which is used or used by others for their own advantage or third of the wages, supplies or fodder whose store or distribution is entrusted to it;

2It is presented by the interested party inaccurate accounts about the service expenses;

3. The person who has made any traffic or commercial operation with funds belonging to the Fiscal Administration;

4then The military officer who takes interest as a private person in any case relatively to which it is appropriate to give orders, settle accounts or make any arrangements; and

5 a military officer who signs or authorizes order, release, or any other payment or extended credit document in favor of those who are in his or her order and which differs in number from the amount of the payment or adjustment in question.

Art. 153.-The offences referred to in the preceding Articles shall be punishable: with the penalty of six months to one year of imprisonment, if the amount defrauded or misappropriated is greater than twenty and shall not exceed one hundred colons; one to three years, if one hundred and shall not exceed five hundred colones; three to five years, if I shall pass from five hundred and not exceed a thousand, and five to ten years, if I shall pass a thousand colons.

These penalties shall be increased in a third part, when the crime is committed at war time and in one sixth, in emergency service, provided that it does not constitute a serious crime.

CHAPTER III OMISSIONS IN MILITARY SUPPLIES

Art. 154.-Persons subject to military jurisdiction to whom it is appropriate to provide troops with the necessary elements of war, who voluntarily or by negligence do not do so in the opportunity, quantity and quality in which they should verify it, will be punished:

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1EVERY With the penalty of imprisonment of twenty to twenty-five if it is the sole and principal cause of a defeat, capitulation or delivery of ships, aircraft, troops, plazas, forts, ports, aerodromes or military posts, to the enemy;

2rquote With the penalty of fifteen to twenty years of seclusion, if by default a movement or plan of campaign or it is not possible to provide a timely relief to ship, troop, square, barracks, position or position attacked or in danger of being attacked; and

3per six months to a year of seclusion if, in emergency service, the omission of supply would prevent the Armed Forces from providing, timely and adequately, the services or assistance to

If the facts referred to in the previous numerals are committed during a rebellion or sedition, the penalties will be reduced to a third party.

The penalties indicated in the first and second numbers of this Article shall apply provided that the omission to which they relate does not constitute a crime punishable by greater penalty.

Art. 155.-The person subject to military jurisdiction who, by negligence, ceases to provide subsistence, fuel or other military objects, materials or health service, shall be punished with the sentence of imprisonment of six months to one year.

Incur the same penalty as the Officer who is aware that such negligence is detrimental to the troop to his orders, does not put immediate remedies or does not denounce in writing that negligence to the higher authority being able to do so.

Art. 156.-The person subject to military jurisdiction who, due to negligence, leaves it to deteriorate provisions, war materials or other elements of the Armed Forces, necessary for the performance of his mission, placed in his care, will suffer the penalty of two five years of imprisonment if the crime is committed in action of war; one to two years, in emergency service; and six months to one year in other cases.

CHAPTER IV FALSEHOODS IN MILITARY MATTERS

Art. 157.-The person subject to military jurisdiction who will falsify in any way acts of any criminal or administrative procedure, seals, marks, seat books or registration of the Corps or Units of the Armed Forces, any If it is registered, plans, directives, orders or military itineraries, it shall be punished, if it does so by abusing its employment or position, with the sentence of imprisonment of five to eight years, in time of war; of two to five years in services of emergency; and six months to two years in other cases.

Art. 158.-The military officer who, in the case of the service, knowingly gives false, written or written reports, or expiates false certifications, will incur the penalty of five to ten years of imprisonment in time of war; two to five years, in service of emergency; and six months to two years, in other cases.

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Whether in such reports or certifications is valid for ambiguous, vague, or confusing terms To denature the truth, it will be punished with the imprisonment of two to three years, in time of war; and from six months to two years in other cases.

Art. 159.-The military officer who was not responsible as an author of the forgeries referred to in the previous articles, would make use of forged documents knowing that they were, will suffer the sentence of imprisonment of one to three years, in time of war; and six months to one year, in other cases.

Art. 160.-In order for the fakes expressed to be punishable as such, it is necessary that one of the following requirements be met:

1 °-That the person will use the false document in order to obtain for another, some benefit or cause any harm or any person or collectivity; and

2 °-That results or may be detrimental to the State or the Armed Forces.

Art. 161.-The one who will appropriate or make use of the lower, passport, license or any other military document that does not belong to him, will incur the sentence of six months to one year of imprisonment.

Art. 162.-The military officer who, in any manner not specified in the foregoing articles or in the common law, commits any falsehood in military matters by altering or concealing the truth to the detriment of third parties, or in favor of these or his own, in writing or usurpating quality or employment that does not correspond to it, will be sanctioned with the imprisonment of two to three years in time of war; and six months to two years in other cases.

TITLE VII

CHAPTER SINGLE CRIMES PRISONERS OF WAR

Art. 163.-Prisoners of war and the inhabitants of an enemy occupied militarily by the Salvadoran Armed Forces shall be subject to the provisions laid down in this Code, as provided for in Art. 185.

BOOK III

OF THE FALSE

CHAPTER I CLASSIFICATION

Art. 164.-It is necessary to infringe any infringement of the military duties expressly sanctioned in this Code and in general, any infringement which, in the judgment of the superior, undermines the discipline or damages the service and which does not find itself between Code punishes as a crime.

Art. 165. The faults assume greater gravity when they are repeated, when they are collective, when they are committed in the presence of superiors or subalterns and when the greater is the hierarchy of the comet.

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Art. 166.-They are faults, especially the following:

Common to all military:

1st-Take uniformed part in political rallies or meetings;

2nd-Rerender to a lower with insulting or offensive words.

3rd- Exceed the licenses, without incurring the facts that the Code provides for and punishes as a crime;

4th-Complain, criticize, reproach or discuss by unauthorized, word or written means, acts or orders of the superior;

5th-Sell, engage or donate items of equipment, or costumes, instruments, tools, tools, unless it constitutes a crime;

6 °-Not to be in his position for acts of the service, if the absence is not a crime;

7ª-Do not promptly occupy his post in case of an alarm;

8th-Produce a false alarm, disorder or confusion in the troop;

9th-False to a slogan, provided that the fact does not constitute a crime;

10th-Any act of disobedience to the higher than that of which this Code punishes as a crime;

11th-Run any act that it amounts to a lack of consideration of respect to the Sentinel and that it is not of those intended as a crime;

12ª-Compel the children to execute acts outside the military service;

13th-Break an arrest or any other disciplinary punishment imposed on him;

14ª-Extravian by negligence, summaries, documents, books of military seat or records;

15th-Allow military establishment, ship or aircraft, acts or the presence of objects that may produce fire or explosion, provided that the event does not constitute a crime;

16ª-Hide or alter higher, military courts or authorities, their true name, status or destination;

17th-Hurt money, garments, or equipment whose value or value does not exceed twenty colons;

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18th-Cometer acts that seriously hurt the dignity of the home of the Chiefs, their deputies or of your colleagues, provided that the fact does not constitute a common offence.

Officers ' Particular:

1st-Enroll or admit deserters and unable to serve the Armed Forces; and

2nd-Absence without justified cause of their destination, charge or residence, provided that the event does not constitute a crime.

CHAPTER II SIMPLE VIOLATIONS OF MILITARY DISCIPLINE

CLASSIFICATION

Art. 167.-They constitute simple disciplinary violations, in particular the following:

a. Common to all military:

1st-Do not keep in place and in all circumstances the correct attitude corresponding to the use of the uniform;

2nd-Do not keep in formation due composure;

3rd-Do not retain the military position when talking to the top or in his or her presence;

4th-Using non-regulation garments;

5th-Playing hands or addressing pranks in the presence of a superior;

6th-Do not greet the top or not return the military greeting or not to observe, in general, the prescriptions of the regulation on the particular;

7th- Use, in matters of service, weapons other than those provided by the State for that purpose;

8th-Contract habitually debts for vicious reasons;

9th-Do not give course to requests or claims of the lower;

10th-Do incorrect or unfounded requests or claims on service matters;

11th-Do not maintain proper discipline in the forces at your command;

12th-Concurrir late to service acts or be negligent in the compliance of others regulatory duties;

13th-Complain service to the troops, accommodation, salary, equipment, dressing room, or pouring in front of it species that can infuse it with discouragement, warmth or dislike;

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14ª-Armar pendences in military barracks or establishments;

15th-Occasion Drunken scandal in a public place;

16-Failure to properly enforce the punishments imposed, being in charge of monitoring them;

17th-Do not take the necessary steps to avoid the disavenances or pendences that exist among the subs;

18th-Take part in any random game within the Barracks;

19th-Concurrant to taverns, establishments or sites incompatible with military dignity;

20th-Embriagse inside the barracks or military establishment, or present in a drunken state to their Heads or to the compliance with their obligations; and

21th-Promote or tolerate disorders of the subs.

b. Officers ' Individuals:

1st-Contract debts with the underlings or lend them money for profit; and

2nd-Fatigue your subs in excessive or unnecessary manner, in marches, establishment or in instruction.

c. Particular of Tropa:

1st-Smoking in the immediate presence of Officers; 2nd-Do not attend with presteness to the call of a superior; 3rd-Show carelessness in the grooming or personal composure; and 4th-Show carelessness in the conservation of the dressing room, armament and equipment.

CHAPTER III CLASSIFICATION, DURATION AND EFFECTS OF DISCIPLINARY PENALTIES

Art. 168.-The disciplinary violations shall be punishable by the following penalties:

1st-Suspension of employment for up to 30 days; 2nd-Arrest for up to 30 days; DECLARED UNCONSTITUTIONAL 3rd-Suspension of Command; 4th-Dismissal Of Class; 5th-Suspension of Classes; 6th-Isolation of the Quartelarian population; 7th-Planton; 8th-Fajina; and 9th-Maneuver Peloton.

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Officers will not be given more disciplinary penalties than that of suspension of employment, arrest or command suspension.

Art. 169.-The penalties of suspension and removal of Classes consist in depriving the Sargents, Sub-Sargents and Cabs of their insignia and functions during a portion or all of the time of service of the culprit.

Art. 170. The isolation of the quartelarian population consists of the cell seclusion of the culprit, and will not exceed eight days. The premises intended for this isolation must satisfy good hygienic conditions and sufficient amplitude for the inmate.

Art. 171.-The plant consists in that the culprit remains in the position of firm, without weapons, for a time that will not exceed two hours within twenty-four hours. It is prohibited to impose this sanction by exposing the punishment to the weather, rather than the barracks or post in which it provides its services; in hours of visit of individuals or in the time between the touch of silence and the touch of bullseye. This correction may not be imposed for more than 10 consecutive days.

Art. 172.-The fajina consists in the works of cleaning the barracks, military establishment or in any other material useful work for the service. It shall not exceed ten days nor shall it prejudice the attendance of the military instruction and shall not be fulfilled during the night rest hours.

Art. 173.-The platoon of maneuver consists in subjecting the guilty to military exercises, with weapons, in the enclosure of the barracks during the day rest of the others, and must not exceed two hours in a span of twenty-four. It cannot be imposed for more than ten consecutive days.

Art. 174.-The class and extent of the disciplinary sanctions of the faults are left to the prudent discretion of the superior who imposes it within the limits and faculties mentioned in this Code.

Art. 175.-The one who imposes a disciplinary punishment must always proceed with firmness, moderation and high sense of justice and impartiality, ensuring that the sanction is proportional to the extent and gravity of the fault; and for the convenient The graduation of the punishment must take into account not only the importance and nature of the event, but also the character of the defendant, his habitual conduct, his education and intelligence, as well as the services he has provided. The one who imputed other disciplinary corrections or will aggravate the form or increase the time set by this Code for those established by him, will be responsible for the abuse of authority he commits.

Art. 176.-The Officer who considers that he is punished as a result of an error must immediately comply with the order, but may request from the one who imposed it, the permission necessary to make respectful observation and granted will be limited to indicate the causes of the error by refraining from comments, considerations, or replicas. If, on the other hand, you are denied permission or are granted and are not accepted for observation, you will not be able to make any claims to the superior, until after the penalty has been served and by the appropriate conduit.

LIBRO IV

MILITARY PROCEDURES

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TITLE I PRELIMINARY PROVISIONS

Art. 177.-Military jurisdiction in the Republic is exercised only by the courts, authorities and officials that this Code determines.

Art. 178.-The Military Courts may not apply other provisions than those of this Code and those of the Common Criminal Code, if any; and in time of war, in addition, the provisions of criminal character contained in the war camps.

Art. 179.-No active-duty military officer can be exempted from military justice charges, but from the causes the law lists.

Members of the Military Courts may not be held in commissions incompatible with the law.

It is incompatible commissions that prevent the exercise or harm the exact and faithful fulfillment of the judicial functions.

Art. 180.-Whenever a member of the Military Courts is disabled for the performance of the post, he shall be immediately replaced in the same manner as his designation.

Art. 181. -All those involved in the exercise of military jurisdiction shall be liable for the violation or non-application of the laws and provisions governing the case.

Art. 182.-Military in-retirement, at war time, may hold positions in military justice and while they perform such functions will be considered on active duty.

TITLE II

OF THE MILITARY AND MILITARY JURISDICTION ORGANIZATION OF MILITARY TRIBUNALS

CHAPTER I EXERCISING MILITARY JURISDICTION

Art. 183.-Military jurisdiction for crimes, in time of peace, shall be exercised by:

1 °-Military Judges of Instruction; 2 °-Judges of Military First Instance; 3 °-The Martial Courts; 4 °-The Chambers of the Second Instance; 5 °-The Commander General of the Armed Forces; and 6 °-The Supreme Court of Justice.

Art. 184.-In time of war, permanent peace-time courts will operate as soon as possible and permit the needs of war, but subject to the special procedure

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set by this Code for Wartime.

In units that are in Campaign service, military jurisdiction is exercised:

1 °-By the Commander General of the Armed Forces; 2 °-By the Martial Courts of Urgency; 3 °-By the Heads of Operations in Campaign; and 4 °-By the Heads of Units, ships or aircraft, when they operate independently or

are incommunicado.

Art. 185.-In time of war, when a foreign territory is occupied by the Salvadoran Armed Forces and the Authority of that territory is in fact passed by the Chief of Operations, the Chief of Operations shall take the measures at his disposal to to restore and preserve, as soon as possible, order and public life.

Consequently, it is up to the Military Time of War Courts to know about the crimes provided for by this Code and by the Salvadoran common criminal law, committed by inhabitants of the territory occupied in harm of the armed forces of occupation or of the persons belonging to or dependent on her for being at her service, as well as for the crimes common to the occupation forces in harm of the inhabitants of the occupied territory.

If these are common crimes committed by the inhabitants of the territory occupied in damage of the same inhabitants, their knowledge shall be deferred to the common authorities of the occupied country, if any: but if those authorities do not exist or have left their posts, the military authorities The members of the Salvadoran occupation shall appoint the persons who must hold such posts, those who shall judge the crimes committed under the law of the occupied country.

Art. 186.-The application of disciplinary penalties, when dealing with offences committed by Officers, corresponds:

1 °-To the Minister and Deputy Secretary of Defense, 2 °-To the heads of the Corps; and 3 °-To the Heads of Military Offices.

The penalty A disciplinary suspension of employment can only be imposed by the Minister or Deputy Secretary of Defense.

Art. 187.-The application of disciplinary penalties, in the case of faults committed by classes and individuals of troops, corresponds to the Commanders of the Body. The Officers and Classes that are subordinate to you will be limited to ordering the arrest of the culprit until such Commanders, in view of the daily portion to be given, point out the appropriate disciplinary correction.

Art. 188.-In the cases of disciplinary misconduct referred to in the two preceding articles, the authority which may impose sanctions, according to the seriousness of the fault, shall order the information instruction to appoint the Officer whom it deems appropriate for the formation of the summary, ensuring that the designated instructor is at least equal to that of the index.

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CHAPTER II OF COMPETITION FROM OFFICIALS AND COURTS

EXERCISE MILITARY JURISDICTION

Art. 189.-The Military Judges of Instruction have jurisdiction to instruct the summary in the causes followed by military crimes that it is appropriate to know the Judges of Military First Instance and the Martial Courts, if any.

Art. 190.-The Judges of the Military First Instance shall meet in the plenary after the summary by the Judges of Instruction, of all the causes for military crimes whose maximum penalty is ten years of imprisonment, committed by persons subject to the to military jurisdiction. In the crimes that fall within the jurisdiction of the Martial, Ordinary or Extraordinary Courts, they shall know, after the end of the summary, in the following form:

1 °-In the causes subject to knowledge of the Ordinary Martial Courts, only for the purposes of raising the cause to plenary or to terminate, according to process, and in the first case of making available to the competent court, the cause, evidence of conviction and the prosecution or prosecution, if they are or are held; and

2 °-In the causes subject to knowledge of the Extraordinary Martial Courts, only for the effects of declaring whether or not there is a place to the meeting of such Cortes and in the first case, practicing the corresponding insaculation and sweepstakes, receiving the protest of law to the members of the Court, installing it and making available the cause, the pieces of conviction and the inmate or prisoners if they are or are detained.

Art. 191.-Of the resolutions handed down in the first instance by the Judges of the Military First Instance, the Chambers of the Second Instance of the Criminal Respective.

Art. 192.-The Martial Courts shall be three classes:

1st-Ordinary Martial Court; 2nd-Extraordinary Martial Court; and 3rd-Martial Court of Urgency.

The Ordinary Martial Court will have jurisdiction to hear in the first instance, from the military offences sanctioned in this Code with a penalty exceeding ten years ' imprisonment, which were committed by Officers comprised in the numerals 2 ° and 3 ° of Art. 44.

THE EXTRAORDINARY COURT MARTIAL WILL KNOW IN THE FIRST INSTANCE OF THE OFFENCES SPECIFIED IN THE FIRST PARAGRAPH OF ARTICLE 44 OF THIS CODE. (1)

The Marcial Court of Urgency has jurisdiction to hear in the first instance of all the crimes established in this Code, in the cases noted especially for the time of war.

Art. 193.-The Commander General of the Armed Forces and the Chief of Operations at Campana will ultimately know about the appeals against the sentence handed down by the Marcial Courts.

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CHAPTER III OF MILITARY JUDGES OF INSTRUCTION

Art. 194. Each summary shall be instructed by a Judge of Instruction appointed by the authority in charge of having, in each case, the formation of the summary.

Art. 195.-The degree or category of the Judges of Instruction shall be at least equal to that of the defendant, and may not be less than Sub-Lieutenant or its equivalent.

Art. 196.-Corresponds to the Judges of Instruction:

1 °-To instruct the summaries that have been ordered to them, strictly observing the relevant provisions of this Code;

2 °-To provide all the necessary to the safety of the caused, always keep to its hierarchy those considerations that are compatible with strict compliance with the law; and

3 °-Report to the authority that appointed them on the processing and outcome of the summary, and may even indicate in reasoned resolution, the provenance of the elevation to plenary or the dismissal.

The Judge The instructor shall appoint his Registrar to whose effect the officers who are available shall be informed in the respective offices. No Officers are available, you can name Classes.

Art. 197.-The Judge Instructor who will not practice with due diligence all the legal measures necessary for the quick and perfect clarification of the fact, will be responsible and sanctioned by disciplinary means.

Art. 198.-The Ministry of Defense shall appoint the officers to perform the duties of Judges of Instruction in cases where the facts under investigation must be known by the Extraordinary Martial Courts.

CHAPTER IV OF THE MILITARY FIRST INSTANCE JUDGES

Art. 199. TO BE A JUDGE OF THE FIRST MILITARY INSTANCE, OWNER AND ALTERNATE, IT IS NECESSARY TO GATHER THE QUALITIES REQUIRED BY THE CONSTITUTION. IF SUCH QUALITIES COMPETE IN AN OFFICER OF THE ARMED FORCE, IT WILL BE PREFERRED TO ANY OTHER. (1)

Art. 200. THE JUDGES OF FIRST MILITARY INSTANCE, OWNER AND ALTERNATE SHALL BE APPOINTED BY THE SUPREME COURT OF JUSTICE, ON A PROPOSAL FROM THE NATIONAL COUNCIL OF THE JUDICIARY, A BODY TO WHICH THE MINISTRY OF DEFENCE AND PUBLIC SECURITY SHALL PROPOSE A TERNA, OF WHICH THE COUNCIL SHALL DESIGNATE THE PERSON IT DEEMS APPROPRIATE FOR THE RELEVANT PROPOSAL. THE SAID JUDGES SHALL ENJOY STABILITY IN THEIR POSITION, IN ACCORDANCE WITH THE CONSTITUTION. (1)

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Art. 201.-The jurisdiction of the Judges of Military First Instance shall be exercised over the territory corresponding to the Judicial District for which they have been appointed.

Art. 202.-The Judges of First Military Instance established in the cities of San Salvador, Santa Ana, San Miguel and San Vicente, will be considered as category "A", for the purposes of the Judicial Race and will have the same authority as the Judges First Instance of the Criminal of the common jurisdiction, within the faculties and with the modifications established by this Code.

Art. 203.-The Judges of the Military First Instance, owners or alternates before taking office, shall take the oath of law, as follows: those of San Salvador, before the Supreme Court of Justice; and the others, before the Chamber of Second instance of its demarcation. They will act assisted by a Secretary, and their Courts will have the material and personnel necessary for the good performance of their duties.

CHAPTER V OF THE COURTS MARTIAL

Art. 204.-The Ordinary Martial Courts shall be composed of five military members, of which three shall have the category of Chiefs and the remaining officers, as provided by Art. 44 of this Code.

Art. 205.-In the capital of the Republic, an Ordinary Martial Court will operate and its jurisdiction will extend to the entire national territory.

If the Ministry of Defense deems it appropriate, it may increase the number of Ordinary Martial Courts. in the capital, or establish them in other places of the Republic, in the decree of creation, the territorial jurisdiction of each one.

Art. 206.-The Ordinary Martial Courts will last for two years and their members will be appointed by the Ministry of Defense in the first General Order of the month of January.

Art. 207.-The Extraordinary Martial Courts shall be formed for each cause and shall be composed of seven members, of which five shall be Chiefs and two, Officers, with the Ministry of Defense being empowered to do so when necessary or appropriate, appoint a lawyer to be part of the Martial Court to replace a military member.

When the Extraordinary Martial Court has to know of a cause in which a General or Admiral appears, it must appear at least one member with that degree.

The Extraordinary Martial Court will meet in the city capital; but the Ministry of Defense may designate, when it deems appropriate, another place within the national territory for the operation of the Tribunal.

Art. 208.-Military members of the Extraordinary Martial Courts will be drawn among the officers of the corresponding grade who appear in the lists referred to in advance by the Ministry of Defense. The minimum number of the draw will be double the number of officers of each graduation needed to integrate the Court in question.

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Art. 209.-The Ordinary or Extraordinary Martial Courts shall be presided over by the highest ranking member and, when two or more of the same graduation are present, the Presidency shall occupy it with the greatest seniority. The other members of the Courts will be referred to as Vocals, and one of them will serve as Secretary, elected by vote of all the components of the Court.

Art. 210.-In each Ordinary or Extraordinary Martial Court there will be an alternate member for each member who owns and will be appointed in the same manner and at the same time as the owners.

Art. 211.-If there is reason for incapacity or excuse of any member of the Marcial Courts, it will be resolved by the President of the Court and in his case will be called the respective alternate. The alleged incapacity or excuse regarding the President will be resolved by the other members of the Court.

Art. 212.-The drawing of the members to be integrated by the Extraordinary Martial Court will be done by the Judge of First Instance with his Registrar in the presence of the defendant, the Ombudsman, the Prosecutor and the Auditor.

The same Judge of First Instance will be also who will install the Court, prior to the oath of law, and make available to the defendant and the respective cause.

Art. 213.-The Ministry of Defense will transmit, when requested by the Judge who knows the plenary, the lists of skilled officers to integrate the Extraordinary Martial Courts.

Art. 214. The Martial Court of Urgency shall only function in time of war and shall consist of three military members and two alternates, who shall be appointed by the Chief of Operations in Campaign or by the Chief of Place or besieged Unit, or by the Captain of ship or aircraft isolated, within the Officers, Classes or soldiers who are at their orders.

The expressed Court shall meet for the pressing need to provide, with measures of early and extraordinary energy, to the salvation of the Armed Forces or to contain excesses of the troops or to maintain or to restore military discipline, to the prudential judgment of the aforementioned authorities.

CHAPTER VI OF THE PUBLIC MINISTRY

Art. 215. The Public Ministry will be represented in the administration of Military Justice by a Military Prosecutor General and by Permanent Military Prosecutors.

Art. 216. The Military Prosecutor General and the Permanent Military Prosecutors will be appointed, removed or replaced, by the Attorney General of the Republic on a proposal from the Ministry of Defense.

Both the Military Prosecutor General and the Prosecutors Permanent military personnel must be military with a degree not inferior to that of Major or their equivalence, or Salvadoran lawyer by birth.

Art. 217.-The Military Prosecutor General corresponds:

1 °-To intervene as an accuser in all the causes of jurisdiction of the Ordinary or Extraordinary Martial Courts;

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2 °-Promoting the legal remedies of pronounced sentences to the Martial Courts;

3 °-Give reasoned opinion in all cases in which the Martial Courts send it to hear about requests from the defense;

4 °-Velar for the straight and prompt administration of justice and denounce the irregularities that I will notice;

5 °- To carry out all the proceedings leading to the strict execution of the judgments which dictate the Martial Courts, to which effect it will have free entry to the places where those are fulfilled and will be able to request from the military authorities the measures that it deems appropriate. If it is the death penalty, it must be present in its execution;

6 °-Care that the Permanent Military Prosecutors fulfill their obligations; direct them the appropriate instructions; and resolve the consultations that They will do so; and

7 °-Show an accuser to the common courts in the trials that affect the administration or interests of the Armed Forces, prior to the request of the Ministry of Defense.

Art. 218.-There will be a Permanent Military Prosecutor attached to each Military Court of First Instance and it will be up to him.

1 °-To intervene as an accuser in all the causes of the jurisdiction of the Judges of the Military First Instance, being able to show party from the initiation of the summary, before the Military Judges of Instruction.

2 °-Velar because it is strictly observed the legal order in matter of competence;

3 °-Proceed to the respective investigation of the facts, to preserve all the evidence that could serve to establish the truth and request the practice of The necessary steps to check the body of crime and crime;

4 °-To comply with the instructions of the Military Prosecutor General;

5 °-To report to the authorities concerned all the violations

) to practise all proceedings in respect of the strict enforcement of judgments handed down by the Judges of the First Military Instance, to which effect the same powers granted to the Court of First Instance are to be applied; Military Attorney General in the previous article.

The Permanent Military Prosecutors, a Military Attorney General's requirement, they have the power to show an accusing party to the Extraordinary or Urgent Martial Courts.

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Art. 219.-If the meeting of a Marcial Court of Urgency is dealt with and the concurrence of the Military Prosecutor General or a Permanent Military Prosecutor is not possible, the authority that the convoke may appoint to act before the said Court a Military Prosecutor Specific. This appointment must be made by an officer or a Salvadoran lawyer by birth, and in the absence of these, a troop individual may be appointed.

Art. 220. The representatives of the Public Ministry shall be considered and held as parties to the matters which shall be heard before the Military Courts; they shall be heard in accordance with the Law and may hold the opinions and doctrines which they believe to be in accordance with the law. right, without being obliged to ask for the condemnation of the processed or processed, but to the extent that they deem it fair and legal. They will also be able to present themselves as parties, representing the interests of the Armed Forces, before the Common Courts that are aware of common and military related crimes.

Art. 221.-The provisions of the common laws regarding the Prosecutors of the Jury will apply to the members of the Military Fiscal Ministry, in which it is not modified by this Code.

Art. 222.-The Ministry of Defense may appoint the number of lower employees needed for the service of investigations and identifications, at the proposal of the Military Prosecutor General.

CHAPTER VII OF THE MILITARY AUDITORS

Art. 223.-The Military Audit will be performed by a Military Auditor General, assigned to the General Command of the Armed Forces and the Ministry of Defense; and by Military Auditors assigned to each of the Martial Courts to be formed.

Art. 224.-Military Auditors of any kind will be appointed by the Executive Branch in the Defense Ramp.

To be a Military Auditor of any kind, it is necessary to be a lawyer of the Republic, Salvadoran by birth and to have exercised the profession for six consecutive years or have played a Judicature for a time not of two years.

Art. 225.-Corresponds to the Military Auditor General:

1o.-To review all the summaries that raise the Judges Instructors, indicating the defects or defects of the procedure to be duly remedied and to advise the dismissal or the elevation to plenary;

2o.-To advise the Commander General of the Armed Forces and the Minister of Defense regarding the implementation of the Armed Forces ' organic and administrative laws; and

3o.-Centralize the case law of the (i) the Court of Justice and the Court of Auditors ' opinions in their opinions; opinions of individuals or other officials, relating to the Military Justice Ramo.

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Art. 226.-It is for the Military Auditors:

1o.-To monitor the processing of the trials that follow in the Martial Courts;

2o.-To attend the deliberations of the Court when it is a question of sentencing, and to resolve any doubts or legal difficulty, as long as it is required by any of the members of the Courts;

3o.-Compose the sentences and comply with all other obligations that the laws impose on them; and

4. General Military Auditor.

CHAPTER VIII OF ADVOCATES

Art. 227.-Any processed subject to military jurisdiction has the right to defend itself or through one or more defenders appointed by it. If you do not make use of this right within twenty-four hours of notification of the processing order, you will be appointed as a defender of trade by the Judge you know of the cause.

Art. 228.-Those prosecuted before the Military Courts can appoint as human rights defenders to the same persons as under the common law they can exercise the defense; but, in addition, they can choose to defend them to the officers of the Armed Force.

When the appointment of a defender is ex officio, preference will be given to military men of equal or higher graduation than the defendant, who are on active duty.

The defense of trade relapse in the military is an act of service; but the Judge to name it, will require the Ministry of Defense to send you a list " Art.

.

.......... 229.-When the appointment of an ombudsman should be made in a case known to the Martial Court of Urgency, the Court may be held in Classes, if they have not acted, and if no classes are available, it may be appointed to anyone, older, who knows how to read and write and who meets conditions of suitability.

Art. 230.-When the same defender sponsors several defendants and becomes incompatibilities between the defense of each other, the appointment will only take advantage of the first one who elected him. The others will have to make a new appointment or will be appointed to their office.

Art. 231.-The defender who does not pay due assistance to the defense of his or her sponsored or does not comply with the duties of his office with all due diligence, will incur criminal responsibility; but if the defender is military, the fault will be communicated to the Ministry Defense so that it imposes the disciplinary sanction that it sees fit.

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Art. 232.-The provisions of the common legislation on defense are applicable to defenders in military matters, except for amendments to this chapter.

CHAPTER IX OF THE SECRETARIES AND FILE

Art. 233.-All Military Courts shall act with a Registrar.

The Secretaries of the Military Judges of Instruction shall be freely appointed by them, among the persons referred to in Article 196 (last).

of the Judges of the Military First Instance, shall be military of the rank of Lieutenant to Major or their equivalents and, where it is not possible to provide with military the Secretariat, may be appointed individuals, elderly, of notorious good conduct and that have instruction in court practices.

In the Martial Courts, the Secretary, one of the members who compose it, who will be elected by a majority of votes.

Art. 234.-The Secretaries of the Courts of Military First Instance shall be appointed by the Ministry of Defense.

For the temporary absence of the appointed Secretary, or when he is unable to act, he shall be replaced by an Acting Secretary the Judge within the subordinate employees of the court.

Art. 235.-When the Commander General of the Armed Forces and the Chief of Operations in Campaign act as judicial officers of the military order, they will appoint the person to serve as the Secretary. The Heads of Units, ships, aircraft, shall be the same when they operate independently or are incommunicado.

Art. 236.-The Courts of Military First Instance and the Ordinary Martial Courts shall have the corresponding files, where the files and causes, in progress or fenudias, shall be kept under the direct supervision of the Registrar of the Tribunal.

Art. 237.-There will be a general file in the Ministry of Defense where all the cases and causes that have been found to have been known by the Extraordinary or Urgent Martial Courts, as well as the cases and causes that have been found to be lacking Military personnel to be referred by the Military Corps and Offices.

A special register will also be used to record the conditional referrals of the penalty, as well as the conditional freedoms.

TITLE III

OF COMPETITION, ACCUMULATION, AND LIABILITY OF OFFICIALS MILITARY JUDICIARY

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CHAPTER I OF COMPETITION

Art. 238.-When a person subject to military jurisdiction commits two or more criminal offences which, by their nature and circumstances, are of the knowledge of the Military Courts and ordinary ordinary courts, they shall first judge those to whom

if the violations deserve the same penalty, they will first know about the military crimes. Military, referring later to the certification of everything acted, as soon as possible, to the competent common court, for the judgment of the common offence.

Art. 239.-Where, by reason of the nature or the conditions of the infringement, the military jurisdiction is exclusive, it shall first know that of the permanent courts in the territory of which the event occurred, except where the infringement is the jurisdiction of the Ordinary Martial Court, in which case it will know the case, whatever the place of the territory where the offence was committed.

If there are two or more Ordinary Martial Courts you will be in the first part of the previous paragraph.

Art. 240.-If a common crime has been committed both by the military and by individuals, they will all be tried before the common courts.

Art. 241.-The jurisdiction of jurisdiction to be raised between military judicial authorities or between them and the military judicial authorities or between them and the judicial authorities of the common jurisdiction will be resolved by the Supreme Court of Justice. Justice, observing the formalities of the ordinary laws and the provisions of this Code.

CHAPTER II OF THE ACCUMULATION

Art. 242.-Military criminal proceedings against persons subject to military jurisdiction are cumulative, according to the following rules:

1st When the same person is followed by two or more processes for military crimes that they must know the Judges of the Military First Instance, shall be competent for the judgment of all of them, the Judge who knew of the oldest judgment;

2nd. When the same person is followed two or more processes for military crimes, of which The Court of First Instance held that the Court of First Instance held that the Court of First Instance Courts martial, will accumulate all to the process for the most serious crime and will have competence for the judgment of all of them, the Tribunal to whom it corresponds to know of the most serious crime;

3rd. The accumulation can be promoted by any of the parties, but may be automatically decreed, if the processes to be accumulated are followed by the same Court; and

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4a. Accumulation can only be decreed when all processes are in the instruction state.

Art. 243.-Promote the accumulation, the Judge or Tribunal will request from the Ministry of Defense the opinion on the origin of the accumulation according to the previous rules, and the Ministry, for the most prompt and effective repression of the crimes, will have what considers more convenient.

Art. 244.-If the accumulation and the proceedings are delayed, the Judge who will ask the other to take the steps he has practiced.

Art. 245.-Where accumulation is not appropriate for the purposes of this Code and in other cases in which the offences which are first judged must produce effects and increase the penalties or other legal offences, in the military offences which must be object of the second sentence, the Military Tribunal that first dictates the executed sentence will transmit certification of it to the Tribunal that it knows of the other process.

Art. 246.-The provisions of the common procedure for cumulation shall apply in the case of accumulation in military matters in which it is not modified.

CHAPTER III OF THE RESPONSIBILITY OF THE OFFICIALS MILITARY JUDICIARY

Art. 247. THE JUDGES, THE JUDGES OF FIRST INSTANCE AND THE MEMBERS OF THE COURT MARTIAL SHALL BE RESPONSIBLE FOR THE OFFICIAL CRIMES COMMITTED IN THE EXERCISE OF THEIR POSITIONS IN ACCORDANCE WITH THE CONSTITUTION. (1)

Art. 248.-The disciplinary offences committed by persons who perform duties or intervene in military judicial matters on the grounds of their duties shall be repressed by the Commander General of the Armed Forces, by the Ministry of Defense or by the Chief War Time Campaign Operations.

TITLE IV

ORDINARY PEACETIME PROCEDURE

SUMMARY SECTION FIRST

CHAPTER I AUTHORITIES ORDERING, OBJECT, AND DURATION OF THE SUMMARY

Art. 249.-No military process may be initiated for crime, but under the order to proceed with the instruction of the summary.

THE ORDER WILL EMANATE FROM THE MINISTRY OF DEFENSE AND PUBLIC SECURITY, IF IT WERE CRIMES COMMITTED BY ARMED FORCE OFFICERS. (1)

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If the crimes committed by individuals of troops are dealt with, the order will emanate from the Chief of Staff. The law of the Court of First Instance, except in the case of crimes of the jurisdiction of the Martial Courts, in which case the order to proceed emanates from the Ministry of Defense.

Art. 250.-The order to which the previous article refers should always precede the initiation of the summary.

Art. 251.-The summary is intended:

1o. Check the existence of any of the facts that this Code sanctions;

2o. Gather all data and background that can influence your legal qualification;

3o. Determine the person of the authors and accomplices; and

4o. Practice all the necessary steps for the apprehension of the indexed.

Art. 252.-A summary must understand:

1o. The related offenses; and

2o. All crimes of military jurisdiction, which if imputed, or in the course of it, and on which there has not been a firm sentence.

Art. 253.-For the purposes of the previous article, related crimes are reputed:

1o. Those committed simultaneously by two or more people gathered; and

2o. Those committed by two or more people in different places or times, if there is a concert between them.

Art. 254.-The summary may not last for more than 15 days, not in this term, the delays due to forced diligence that would have been carried out outside the place where the Instructor works.

Art. 255.-When, by any special circumstance, the summary cannot be completed within the prescribed period, the Military Judge of Instruction shall inform the Authority or Chief that appointed him, in order to grant a reasonable period of time for the termination, which cannot exceed ten days, leading between the instruction ahead.

Art. 256.-The order to proceed against officers may be deferred for a term not exceeding two months, when such postponement is appropriate or necessary for reasons of purely military order.

CHAPTER II OF THE PROVISION

Art. 257.-In the event of a flagrant military offence, the Chief of Staff, the Guard Officer, the Head of Establishment, and in general any military officer to whom the immediate command of

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the force or the place where the event is perpetrated, will proceed swiftly to the detention of the They are guilty and to check by the means at their disposal, the existence of the fact, taking the statements and practicing the actions necessary to ensure the perfect clarification and to fix the true character and the circumstances of the done.

Art. 258.-Lifted in this way prevention and with the corresponding part, will be raised as soon as possible to the authority or chief to whom it is responsible to order the instruction of the summary.

If of the first steps of prevention will result, with evidence, that the fact is not the character of a crime but of a lack of or simple disciplinary offence, the military which prevents, if it is not empowered to impose by itself the corresponding punishment, if it is limited to pass immediately a party, in order to be applied by the Military Chief or Officer to whom he is responsible.

CHAPTER III OF THE INSTRUCTION

Art. 259.-The Military Judge of Instruction who has been appointed by the person concerned for the formation of the summary, immediately receiving his appointment and the order to proceed, will provide the order head of the process, which will contain:

1o. The order to open processing against the alleged indiciate;

2o. The appointment of the Acting Secretary; and

3o. The order to inform the appropriate Military Prosecutor and the alleged indicado, to whom he will prevent manifest in the act of notification, if he will defend himself or appoint a defender within twenty-four hours after the notification, under the warning of appointing an ombudsman, if he fails to defend himself or does not make the appointment in the appointed term.

If the order to proceed shall indicate that the alleged index is being stored arrest in any military or other establishment, the Judge, in addition to providing what is indicated previously, you will also order that the index continue to be stopped for the term of inquiry, which will not exceed seventy-two hours.

Art. 260.-If the alleged culprit is detained during the term of inquiry, the Judge Instructor will take an inquiry into him within twenty-four hours of the start of the information or since the detainee has been handed over or put to Judge Instructor's disposition, unless he is prevented by any serious motive, to be entered in the case, in which case it shall be verified as soon as possible.

The indiciate has the right to be present during the declaration. inquiry.

Art. 261.-The indiciate may not be required to be sworn in or promise to speak the truth and will be asked:

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1 ° By name, last name, age, state, profession, origin and residence;

2 ° site where the day was found and the time the crime was committed and if you have heard of it;

3 ° With which people were accompanied;

4 ° If you know those who are reputed authors and accomplices in the execution;

5 ° If you were with before the offence is committed; and

6 ° For all other facts and details that may be present discover the antecedents and causes that motivated the crime and produced their perpetration.

Art. 262. -The declaration of the person must be received in a single act, unless, for its considerable extent or for reasons which are very suitable, the Judge Instructor believes that it should be suspended. The reasons for the suspension must be stated in cars.

Art. 263.-The questions will always be asked directly, without any concept, being able to be carried out in a captious or suggestive way.

Nor can any gender of coercion or threats be used with the index.

These provisions shall be separate from the instruction and punishable by disciplinary penalties. The application of these penalties to the Instructors will be done by the authority that appointed them.

Art. 264.-It is the duty of the defendant to answer the questions asked. If you refuse to do so, you may be encouraged to do so, making it a reflection of those who understand that your silence will not favor you. If, however, this persists in its refusal or in its silence, all this will be done by due diligence that will sign the process, the Instructor, the Secretary and the parties that participate.

Art. 265.-The person shall be allowed to state as soon as he has suitable for his defence or for the explanation of the facts, the appointments which he or she intends to take, and the other measures which he proposes, shall be urgently withdrawn, provided that the Instructor considers them drivers.

Art. 266.-If the accused person when giving his or her declaration refuses his or her name or address, the person shall be identified by his affiliation, witnesses and any means deemed appropriate.

Art. 267.-The Judge Instructor will of course claim, to add to the cars, copy of the filiation or of the Service Sheet of the processed or of the Services Book in his case.

Art. 268.-When the Judge Instructor considers it appropriate to examine the processing at the place of the facts or to the persons with whom they relate, it may be available to them.

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Art. 269.-During the summary, when there is enough reason to suspect that a person is an author or an accomplice of the crime under investigation, the inquiry shall be received, without prejudice to the communication of such a fact to the appointing authority.

Art. 270.-If the statement of inquiry has been received from a person holding arrest or arrest, the declaration shall be terminated, the cause of his arrest shall be made known, if it had not been done before, by making him/her the prevention of his/her arrest. defense.

Art. 271.-During the trial of instruction the Judge shall practice all the necessary steps for the verification of the facts, collecting all the relevant evidence, documentary, expert, inspection or testimonial in accordance with the rules of common procedure.

Art. 272.-The summary for military crimes is reserved, understood by such, that they will only have knowledge of him, the authority that ordered the instruction, the Tribunal that instructs the summary and the parts that intervene in him or the inmate, his defender and Military Prosecutors and Auditors.

CHAPTER IV OF DETENTION

Art. 273.-Any person suspected of being an author or an accomplice of a crime subject to the jurisdiction of the Military Courts may be detained for the term of inquiry:

1 ° By the Military Authorities or Chiefs to which the jurisdiction of the Military Courts Information instruction; and

2 ° By the Military Judge of Instruction.

In the first case the detainee or detainees will be made available to the Military Judge of Instruction, simultaneously with his appointment.

Art. 274.-No Chief or Military Officer may be exempted from the obligation to make available to the Military Judge of Instruction to the subject of military crime, when the Judge asks him through his office.

Art. 275.-Where in the summary there is a serious presumption of the existence of a military offence, the provisional arrest of the person shall be decreed; but a mere presumption shall suffice when dealing with the offences of treason, rebellion, sedition or espionage.

Art. 276.-The provisional detention of the indiciate who is outside the jurisdiction in which the proceedings of instruction are followed shall be requested by exhort, inserted in him the arrest warrant. In cases of extreme urgency, the telegraphic or radiotelegraphic route may be chosen.

If the process is absent from the country and its whereabouts are known, the Juzgadora Authority will be directed to the Ministry of Defense for the purpose of obtaining the Corresponding extradition.

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CHAPTER V OF THE SUMMARY OF THE SUMMARY

Art. 277.-The results of a report that will raise the results, together with the actions, will be presented by the Military Judge of Instruction, all necessary for the verification of the crime and the investigation of the persons responsible. Ministry of Defense or the Chief of Body, as the case may be.

Art. 278.-The Judge Instructor's report must contain:

1 ° A succinct summary of the summary test with an indication of the portfolio in which each is located;

2 ° The charges against each defendant; and

3 ° The appreciation general of facts, being able to even give an opinion on, if in his judgment, it comes out of elevation or self of elevation to plenary.

Art. 279.-Received the summary by the Ministry of Defense, will pass it immediately for an opinion to the Auditor General.

When the report is received by a Head of Body, it will raise it without a waste of time to the Ministry of Defense so that it will hear the opinion of the Auditor General.

Art. 280.-The Auditor-General will examine the summary and within five days issue an informed opinion, advising any of the following resolutions;

1st The extension of the summary, when warning important omissions affecting the validity legal of the procedure, pointing out the steps that should be extended or practiced again;

2nd Dismissal for all or some of the summaries;

3rd The elevation of the cause to plenary;

4th The Court's indication Military to judge the fact; and

5th The application of disciplinary punishment when it comes to facts that must be punished with that penalty.

Art. 281.-Exorder that opinion, the Ministry of Defense will dictate the appropriate resolution and if it is in accordance with the first assumption of the previous article, it will be returned without waste of time to the Judge of Military Instruction so that to the greater

Military Judge of Instruction will return the summary to the Ministry of Defense for a resolution, prior to a new opinion of the Auditor.

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If the Defense Ministry's resolution is out of the way or elevation to plenary, it will transmit the information to the respective Military First Instance Judge.

If the resolution is ordering the application of disciplinary punishment, the Ministry of Defense may impose the appropriate penalty and shall inform the Chief of the respective Body.

CHAPTER VI OF THE SOBRESEAT

Art. 282.-As to its effects, the withdrawal is final or provisional.

The definitive prevents any subsequent procedure on the same facts; the provisional one allows the cause to be opened again when new data or proof is obtained merit for this, except for the case of the prescription.

Art. 283.-The definitive withdrawal should be:

1 ° When it is evidenced that the fact that the summary is motivated has not occurred;

2 ° When the fact has been proven, but this does not constitute a violation subject to sanction;

3 ° When the processed are exempt from liability; and

4 ° When the processed person dies.

In the first three cases, the declaration that the formation of the summary did not harm the good name and honor of the processed.

Art. 284.-Provisional dismissal is appropriate:

1 ° When the body of the crime is not fully checked; and

2 ° When there is no semi-complete proof of the crime of the process.

Art. 285.-The dismissal shall be released if the proceedings are provisionally held; but if the decision is appealed, the order of freedom shall not be complied with if the offence is punishable by death or imprisonment exceeding at its minimum limit of five years. If the processed are absent, the overment will also include the lifting of the corresponding capture orders.

Art. 286.-The order of dismissal is applicable for both purposes:

1 ° Before the Commander General of the Armed Forces, if the cause is of knowledge of the Martial Courts; and

2 ° Before the respective Chambers of Second Instance, if the cause of knowledge of the Judges of First Instance.

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If you do not appeal against a car for dismissal, the cars will be referred in consultation corresponds, if the offense that prompted the summary is punishable by death or imprisonment with a minimum limit of one year.

SECTION SECOND

OF THE PLENARY

CHAPTER I

PROCEDURE PLENARY OF THE CAUSES SUBJECT TO THE KNOWLEDGE OF THE JUDGES OF THE MILITARY FIRST INSTANCE

Art. 287.-Received by the Judge of the First Military Instance the information of instruction sent by the Ministry of Defense, if that official considers that the elevation to plenary will dictate the corresponding order.

If the inmate or prisoners do not have at that time defending will prevent the appointment to be made in the term of twenty-four hours, under the warning of naming it of office if they do not verify it.

The car of elevation to plenary will be notified to the Prosecutor Permanent Military attached to the Court, to the defendant and to his human rights defender, who will be able to appeal third day after notification, to the respective Second Instance Chamber.

Art. 288.-The judge will open the trial for twenty days.

Art. 289.-Within the term of evidence, the Judge shall admit to the evidence and, where the witness is concerned, the party applying for his examination must present a preliminary examination. Submitted to the Judge he will send to the judge to examine the witnesses according to him, pointing to the day and the hour and will order the appearance of these witnesses, who will be examined with the formalities prescribed by the common procedure.

Art. 290.-Before the expiry of the probative term, the Judge may, by unanimous consent of all the parties and his or her application, terminate it and proceed to the pleadings.

Art. 291.-The probative term, or terminated, in accordance with the previous article, and the evidence to the cause, the Judge will transfer the process to the parties, for three days each, starting with the Prosecutor to ensure that the tested.

Art. 292.-The Prosecutor in his plea will be limited to indicating the facts that are proven, to describe the crime they constitute, to determine the participation that has been processed in those facts and to specify the aggravating circumstances.

The defence shall fall on what has been the subject of the charge and on all the facts and circumstances which may contribute to demonstrate the defendant's guilt or the attenuation of his guilt, and may request that the penalty to be applied is adjusted to that attenuation.

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Art. 293.-Both the Prosecutor and the inmate or his defender will terminate their arguments by formulating, in concrete and precise conclusions, their respective claims.

Art. 294.-Evacuees, the Judge will give final judgment within eight days.

Art. 295.-The Judges of the First Military Instance shall take care to sentence, to the provisions of the common law, in respect of the assessment of the evidence and the forms of the judgments, in that it is not modified by this Code.

Art. 296.-In the judgment the Judge:

1 ° Expresara:

a) The place, time, day and year in which the judgment is pronounced;

b) The name, surname, age, profession or office of the indiciate;

c) The offence for which it is judged;

d) The name, last name and address of the other parties to the trial, and of the offended;

e) Haberse complied with all formalities prescribed by law;

2 ° The relationship of the events ventilated in the cause and its presentation by the Prosecutor, and the accuser, if any;

3 ° The relationship of the evidence presented by the defence;

4 ° Will make the assessment of all the evidence;

5 ° The relation of the conclusions of the Prosecutor and of the accuser, if any, in his pleadings of well proven;

6 ° Will make relation of the conclusions presented by the defense in its

7 ° Appreciate, relating to, the conclusions of the parties;

8 ° If you decide that the indicated is guilty, you will fail to condemn it and apply the respective penalty;

9 ° If you decide that the index is not guilty, will fail to absolve him and order his freedom; and

10 ° Cited the articles of the law on which basis his statement.

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Art. 297.-Any final judgment shall be consulted in the respective Chamber of the Second Instance, even if the parties are in agreement with it or do not appeal, except where the offence, by its nature, deserves imprisonment of less than one year. The Chamber will proceed and fail in accordance with the procedure indicated in the Criminal Instruction Code.

CHAPTER II PLENARY PROCEDURE OF THE CAUSES SUBJECT TO KNOWLEDGE

OF THE ORDINARY MARTIAL COURTS

Art. 298.-Received by the Judge of the First Military Instance, the information of instruction sent by the Ministry of Defense, if the official considers that the elevation to the plenum, will dictate a self in that sense with the designation of the

if the prisoner or prisoners do not have the right to do so at the time, he will prevent him from making the appointment within twenty-four hours, under the warning of appointing him as an ex-officio, but verify it.

The car of elevation to plenary will be notified to the Military Prosecutor General, to the The defendant and his/her advocate, who may appeal within the third day of the notification to the respective Chamber of Second Instance.

Art. 299.-Executing the order of elevation to plenary, the Judge of the First Military Instance, order by order in the process, the remission of the cause and the pieces of conviction to the Court of the Ordinary Martial that corresponds, also making to its disposition, to the inmate or inmates at the place where they are holding provisional detention.

The referral will be made by trade addressed to the President of the Martial Court.

Art. 300.-After receiving in the Ordinary Martial Court the cause and the pieces of conviction referred to in the previous article, it will be provided a car ordering to give the cause to the Military Prosecutor General and the defender of the inmate to prepare evidence, for a prudential term which shall not exceed eight days, depending on the seriousness of the case, without taking the cars from the office, the parties being required to attend the term of the hearing, to take the data they need to formulate their

order

be signed by the President of the Court and the Secretary of the Office.

Art. 301.-During the period stated in the previous article, the Ordinary Martial Court will meet daily in plenary, to learn about the process.

Art. 302.-After the deadline for the parties to take the relevant data, the President of the Ordinary Martial Court will point out the day and time for the hearing of the case.

Art. 303.-For the purpose of the case, the members and alternate members of the Marcial Court, the Military Auditor attached, the Military Prosecutor General, the defendant, and his or her defender or defenders will be present.

will be attended by officers ' delegations that the Ministry of Defense will have to appoint and the respective officers of the respective garrison.

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Art. 304.-The Marcial Court will be installed, the Registrar will ask the members if they have any legal grounds of excuse to allege, which can also be done with respect to the one that exists in their favor. The excuses which are alleged shall be immediately qualified by the President of the Court, and shall be qualified by the other members of the Court. If the excuse is accepted, the vacancy shall be filled by the respective alternate. In the event that the Court is not constituted for lack of working members, it will be communicated to the Ministry of Defense for the appointment of new specific ones that will be known in certain cases.

Art. 305.-If the time indicated for the meeting of the Court is missing the Military Prosecutor General, will be replaced by any of the Permanent Military Prosecutors, giving part to the Ministry of Defense for the application of the corresponding sanction. If the defender of one of the prisoners is missing, the Court will appoint a defender of its own motion, imposing the fine of one hundred colons on the defender.

If the concurrence of any Permanent Military Prosecutor is not possible, the President of the Court shall immediately address the Attorney General of the Republic to appoint a specific Prosecutor.

Art. 306.-The Marcial Court will be set up to come to the Chamber, guarded by elements of the Armed Forces, whose Chief of Custody, when the inmate is an Officer, will be from the same hierarchy of this.

Art. 307.-The view of the cause will begin by establishing the identity of the defendant, to whose effect the President, after declaring open the session will question him by his name, surname, age, nationality, state, profession, military employment or Body to which belongs.

If you force multiple inmates, the same interrogation will be done for each of them.

Art. 308.-Established thus the identity will be sent to read by the Secretary:

1 ° of the report of the Judge Instructor;

2 ° Of the opinion of the Military Auditor General; and

3 ° Of any piece of evidence that consists of the judgment.

In The following will proceed to read the allegation of accusation and the argument of defense, reading that they will make respectively, the Military Prosecutor General and the defender of the inmate. If several defenders are forced, they will designate who of the defenders will do the reading.

Art. 309.-Termination of the defence, at the request of any of the parties or of its own motion, if the Court is appropriate, the witnesses and experts who have been declared in the summary shall be examined for the purpose of which the Court shall give due consideration. The parties may present new witnesses, who will be examined in the event as well.

Art. 310.-The members of the Court, the Prosecutor and the Ombudsman may question the defendant, the witnesses and the experts, directing the questions through the President. This

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the right not to address questions that are requested, when they do not consider them relevant.

Art. 311.-The human rights defender and the Prosecutor can strike out any witnesses at the time of their declaration. The President shall hear the statement made by the crossed-out witness and shall take note of all the minutes in order to have the Court appreciate the tacha at the time of the judgment.

Art. 312.-The proof will be entered into the oral arguments, first speaking the Prosecutor and then the defender. That can replicate and the defender duplicate.

After the duplicate, if any, the parties will not be able to use the word, unless the Court has access to it for once again.

Art. 313.-The President will address the process and say to him: " The Law gives you the right to say all that you consider to be useful to your defense, provided that you do not depart from the duties and respect that discipline imposes on you. If you have something to allege in your discharge, you can speak. "

If you force several prisoners, this prevention will be addressed jointly to everyone.

Art. 314.-The Court will be taken to the Chamber of deliberations, the Secretary will be committed to the matter: Is the prisoner of the fact guilty of the fact?

Each member of the Court will express in secret vote his opinion, depositing in the urn a card with the word "YES" or "NO".

Art. 315.-Members are obliged to vote; if any refrain from doing so, their abstention shall be taken as an unfavourable vote to the inmate.

The Martial Courts shall resolve the guilt of the inmate according to the dictates of his conscience, will appreciate the evidence as a whole and take into account the nature of the facts and the link between the data collected and the truth that it is about to establish.

The only question of the questionnaire will be reopened the public session and the President will send the Secretary of Reading to the outcome of the deliberations.

if the declaration of the Court has been unfavorable to the inmate, the President will pass the cars to the Military Auditor General, so that the president will pass the orders to the General Military Auditor. Make legal advice in the following order:

1o. What is the legal qualification of the crime and what is the provision of the Law that understands it;

2o. What is the legal qualification of the circumstances in which the crime has occurred, that is, if circumstances that mitigate or aggravate it in accordance with the Law are present; and

3o. What is the penalty for the crime committed.

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This opinion should be issued by the Auditor within the maximum five days.

Art. 316.-Received by the Court the opinion referred to in the previous article, the Court will decide, which must contain:

1. Date and place in which it is given, the expression of the cause, the name of the cause, its state, age, nationality, address, employment or body to which it belongs and the generals of the parties who have intervened;

2nd. The relation of the facts;

3rd. The relationship of the circumstances with which the facts have occurred;

4th. the legal status of the facts and the participation which each of them has had in respect of the facts; and

5th. The legal status of the eximent, extenuating, or aggravating circumstances.

Finally, the judgment will be closed with the operative part or the ruling condemning or absolving the defendant for the crime that has been the subject of the

sentence will be signed by the President and all the Vocals and then the parties will be notified.

Of the final judgments of the Marcial Courts. appeal to the Commander General of the Armed Forces will be admitted.

If you do not stand appeal, the conviction sentences will be referred in consultation to the same official.

CHAPTER III PROCEDURE OF CAUSES SUBJECT TO KNOWLEDGE

OF THE EXTRAORDINARY MARTIAL COURTS

Art. 317.-Received by the Judge of the First Military Instance, the information of instruction sent by the Ministry of Defense, if that official considers that the formation of an Extraordinary Court of Martial is appropriate for him to know of the If the prisoner or prisoners do not have the right to do so, they will be charged with the right to be tried and the crime or crimes that they are accused of.

If the inmate or inmates do not have the right to do so, the court will prevent the appointment to the act of the notification, under the warning of appointing it of office if it is not verified.

The order ordering the formation of the Extraordinary Martial Court will be notified to the Military Auditor General, the Military Prosecutor General, the defendant, his defender or defenders and the Ministry of Defense to indicate in which place of the territory national must meet the Extraordinary Martial Court.

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Art. 318.-If the Judge of the Military First Instance considers that the formation of an Extraordinary Court of Martial is not appropriate for estimating that there is not sufficient proof in the process of the fact and about the crime, he will decide to terminate in the process, in accordance with the rules established for the dismissal.

This resolution is supported by the Commander General of the Armed Forces.

Art. 319.-If the Judge of the Military First Instance considers that the formation of the Extraordinary Court of Appeal does not proceed, as it is not the case of the jurisdiction of the Court, he shall decide on a reasoned judgment in that regard and shall forward the consultation, through the Ministry of Defense, to the Commander General of the Armed Forces, who will decide what he deems relevant.

Art. 320.-At the same hearing in which the formation of an Extraordinary Martial Court will be ordered and, after the case notifications, the Judge of the Military First Instance will give hearing to the Military Prosecutor General and to the defense by the term of

the same order in which the Judge grants the hearing referred to in the previous paragraph, it will provide, that the Ministry of Defense will be asked the lists of the qualified Offices for the formation of the Marcial Court Extraordinary.

Art. 321.-After the end of the hearing to the parties and the lists referred to in the previous article are added to the judgment, the Judge shall indicate incontinenti, day and hour to proceed in public hearing to the intakes and draw, in the cards equal, of the persons to be included in the Martial Court, excluding those who had been legally challenged by the parties. For this effect a quarter of an hour before the time indicated for the inkeeping, the parties may have knowledge of the referred lists in the Secretariat of the Court and may each challenge up to two persons without expression of cause.

In any case, whatever the number of the accused, they cannot challenge from them but only two persons, and must agree for the challenge.

Art. 322.-The time indicated for the insaculation and the drawing, in the presence of the Military Prosecutor General, of the inmate and of the defense, the Judge will prevent the parties that make the recusations that according to the previous article are entitled. The Judge continued, excluding the names of the persons covered, the closed and sealed cards will be inaccularised, in the same way and in size, containing the names of the persons to be drawn and after having been mixed, all of them will be removing from one in one by the inmate or by his or her defender and, if several are indexed, by that which they appoint.

They shall be the owners of the Officers who have first been drawn and the others shall be considered as alternates. in the order of the draw.

Art. 323.-Termination of the draw the Judge will point out the place, day and hour for the hearing of the cause and will be cited through the Ministry of Defense to the Officers who must integrate the Marcial Court, both owners and alternates.

To the public view of the cause will also be attended by the delegations of Officers that the Ministry of Defense has to be well appointed and the officers francs of service of the respective garrison.

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Art. 324.-The indication for the view of the cause shall be made with a reasonable time, in the judgment of the Judge, which shall not exceed two days; but in cases of manifest gravity, that period shall not exceed six hours.

Art. 325.-Reunited the Extraordinary Martial Court, the Judge of First Instance will take the protest of law to its members with the following formula:

" You promise under your word of honor, faithfully fulfill the functions entrusted to you, not to betray the interests of the accused or those of the Armed Forces, not to be carried away by hatred, by antipathy, by fear or by affection and conduct as worthy and loyal magistrates. "

All the members of the Court, standing, answer:

"If we promise". And then you will choose the Vocal that will perform the functions of Secretary.

Art. 326.-The Registrar and the Tribunal shall be installed at the appropriate place, the Judge of First Instance shall give to the Registrar of the Court the cause, with everything related to it and shall make the inmate or prisoners at the disposal of the Tribunal. The Judge will be able to remain at the Court's premises if the President so agrees.

Of all the related matters, a record will be established that will be signed by the members of the Court, the Judge of the Military First Instance, the Military Auditor General, the Military Attorney General, the inmate and the defender or defenders.

Art. 327.-Installed the Extraordinary Court of Martial, the Secretary will ask, the members if they have any legal reason of excuse to allege, which can also be done with respect to the one that exists in their favor. The excuses that are alleged shall be immediately qualified by the President of the Court; and the one that the claim shall be qualified by the other Members of the Court. If the excuse is accepted, the vacancy shall be filled by the respective alternate. In the event that the Court is not established due to the lack of working members, it will be indicated new insaculation, which will be done in accordance with the provisions of Art. 322.

Art. 328.-In the Extraordinary Martial Courts, the provisions laid down in Articles 305 to 316, inclusive, of this Code shall apply.

CHAPTER IV COMMON PROVISIONS RELATING TO THE PUBLIC HEARING OF THE CAUSES SUBJECT AL

KNOWLEDGE OF MARTIAL COURTS

Art. 329.-To the Presidents of the Courts it is necessary to maintain order and composure in the sessions, using for it moderate and prudent means and employing, when these are not enough, all those who could have in the limits of their authority and jurisdiction, without excluding when necessary, the assistance of the military force it requests.

Art. 330.-Members of the Martial Courts must attend public sessions in a daily uniform.

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The military attending the sessions of the Martial Courts will be successful

The inmate must be presented in a journal uniform.

Art. 331.-The spectators will be kept uncovered and without weapons, keeping quiet, composure and respect due. If signs of approval or reprobation are made or any disorder is caused in the hearing, the President will prevent the partial or general eviction of the public. If the demonstrations are repeated, the authors of the disorder will be expelled from the premises or the concurrency will be evicted, when it is not possible to discover the authors.

The military force will be used in this case if necessary, without prejudice to the criminal liability that corresponds to the promoters of the disorder, to whose effect they will be ordered to arrest.

Art. 332.-When the defendant, by vociferations or by any other means tending to cause tumult, will seek to prevent the free course of justice, will be sent to withdraw from the hearing and the discussion of the cause will continue, without prejudice to the the criminal liability that it takes, if the fact is to constitute a crime.

Art. 333.-Assistants, witnesses or experts who may become guilty in respect of the Marcial Court or any of its members, of course, or of outrages and threats by words or gestures, shall be subjected to prosecution for the crime that committed. The same shall apply to the human rights defender who, in his or her allegations, directed the Tribunal, the Armed Forces or any of the Military Authorities or Officials.

Art. 334.-The hearing of the causes subject to knowledge of the Martial Courts will be made in public session, unless for considerations of public order or discipline of the Armed Forces, the Court resolves that it be verified in private session.

Art. 335.-The steps of the test that may be carried out in the public eye are as follows:

1st Review of public or private documents, aggregated in the summary or other new ones that are presented or designated in the document in which it is requested test;

2nd Eye Recognition or Inspection of places or objects and examination of drawings, sketches or photographs;

3rd Expert Reports Already Practiced or Proposed as a New Test;

4th Ratification of Witnesses That Have removed from the summary and declaration of new ones; and

5th Carers and Confrontations.

For the The President shall commission a Vocal of the Court so that, accompanied by the Registrar of the Court, he may practice such inspection and account; and only such inspection may be ordered, if the place inspected are within the city's urban radius

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where the Court's meeting is verified.

Art. 336.-During the public hearing of the case, the session may not be suspended but for the time strictly necessary for the practice of some important diligence or to seek a break from the members of the Tribunal.

TITLE V

EXTRAORDINARY PROCEDURES

SINGLE WAR TIME PROCEDURES

Art. 337.-If the circumstances of the time of war allow it to continue functioning the Ordinary Martial Courts; but the processes that before them will be ventilated, when in the judgment of the Ministry of Defense the repression is necessary An immediate crime to maintain the moral, discipline and military spirit of the Armed Forces.

Art. 338.-The extraordinary martial courts that will be formed in time of war will know of the trials that will be submitted to him in summary form, reducing the terms to the indispensable.

In foreign territory occupied militarily by Forces In El Salvador, you will be able to submit to the knowledge of the Extraordinary Martial Courts the crimes provided for by this Code and by the Salvadoran Common Criminal Law, committed by inhabitants of the territory occupied in the damage of the forces. armed occupation or persons belonging to or dependent on it for being at its service, as well as the common crimes committed by the occupying forces in harm of the inhabitants of the occupied territory.

Art. 339.-The drawing of the members to be included in the Extraordinary Martial Courts shall be made, if possible, by the Minister of Defense; in the event of impossibility, this draw shall be performed by the Chief of Operations at the Campaign.

Art. 340.-When in the judgment of the Commander General of the Armed Forces, the Chief of Operations in Campaign, the Chief of the besieged Plaza, an isolated Unit, Captain of ship or aircraft isolated, the meeting of the Marcial Court of Urgency for the urgent need to provide, with measures of prompt and extraordinary energy to the salvation of the Armed Forces, to contain excesses of the troops, to maintain or to restore the military discipline, will proceed the indicated functionaries in their case, to be formed as quickly as possible, by designating the members within the Officers, Classes or Soldiers are to your orders.

Art. 341.-The Chief who has ordered the formation of the Martial Court of Urgency, shall not continue the detention of the inmate or prisoners to be tried, which shall be placed on the order of such Court upon being installed.

Art. 342.-The Court shall, in the cases where the cause arises, be installed continuously at the premises previously designated, the provisions concerning the time of peace being observed in its installation.

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Art. 343.-Open the hearing, the President will present the object of the meeting beforehand and will prevent the reo that name defender in the Act, if he does not want to defend himself. If the defendant does not manifest that he will make his or her defence, nor shall he appoint a defender, the Tribunal shall make the appointment of an office in person who, in his judgment, has the ability to perform the position.

If it is not possible, under the circumstances of the state of war, the concurrence of any Military Prosecutor, the Court will make the appointment of a Specific Prosecutor.

Art. 344.-Reunited the Court and with the concurrency of the reo and the other parties, the President will give reading to the order to proceed against the indiciate, will expose the evidence that up to that moment have been collected, making known continuous act that will give judgment.

The President shall receive the statements of witnesses, including those who have been declared in the file before the Court, if it is possible to make them appear and shall take this declaration to the The prosecutor's office, in accordance with the provisions applicable to the peace-time procedure.

The Prosecutor and the The court will present to the court all the evidence that it has at its disposal, but the Tribunal will reject those that cannot be received within the territorial limits in which the Court acts.

Art. 345.-The examination of witnesses of charge and discharge shall be verbal, leaving a written record of only the part of the statement deemed relevant and the one designated by the Prosecutor or the defendant's defender.

As the index goes declaring, the President will dictate to the Secretary of the Court the substance of the statement, and may accept observations on any of the parties, before setting them definitively.

Art. 346.-Finally, the President shall order that the Registrar be made available to the human rights defender and the public prosecutor, with the effect of a common period of time not exceeding three hours, during which he shall be available to the Registrar. The session of the Court will be suspended, with whose resolution the minutes of the proceedings of the trial that will be signed by the Court and the parties will be finished.

Art. 347.-Impeachment and defence shall be oral and produced without delay, at the end of which those responsible for making it may during the hearing take notes of the test as it is being surrendered. After the agreed deadline, the Court will meet again, hear the accusation and defense and finished, a record will be lifted, and the parties can dictate to the Secretary the substance of their argument.

Art. 348.-The President will then order the eviction of the room to formulate the question of the fact of guilt in the form of a time of peace procedure.

Art. 349.-Solved the point about the guilt of the defendant will proceed to the drafting of the corresponding sentence, for whose effect the Court will be able to advise, if possible, of a Military Auditor or a lawyer, who will be called by the President for that purpose.

Art. 350.-Of the ruling, the parties shall have the right to appeal to the Commander General of the Armed Forces or to the Chief of Operations in the campaign.

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TITLE VI

OF RESOURCES AND EXECUTION OF THE STATEMENT

APPEAL AND APPEAL

ART. 351.-The appeals and consultations of the decisions of the Judges of the Military First Instance shall be brought, admissible and dealt with in accordance with the rules laid down in the common criminal procedural law by the Chamber of the Second Instance with jurisdiction where the decision has been made.

Military Prosecutors are entitled to appear as part of the proceedings of the Second Instance.

Art. 352.-The appeal of the judgments of the Ordinary or Extraordinary Martial Courts shall be brought before them, in word, in the act of the notification or, in writing, within twenty-four hours of the notification.

Art. 353.-The orders received by the Commander General of the Armed Forces, if any appeal of the judgment of the Ordinary Martial Courts, shall be issued by a common hearing for the parties to submit their respective pleadings in writing, within seventy-two hours from the date of the notification of the providence.

If any of the parties request the receipt of the new evidence, an eight-day term will be granted.

Art. 354.-Presubmitted to the pleadings or past the term to present it or the end of the test in its case, the parties may request to extend their pleadings verbally, for which the Commander General of the Armed Forces will point out a hearing for that purpose.

Art. 355.-The hearing for oral pleadings and received in his case the test that he has requested, the official who will know the judgment, confirming, reforming or revoking that of the First Instance, in accordance with the Law.

The judgment will be pronounced in advance hearing the legal opinion of the Military Auditor General.

Art. 356.-If it were the appeal of sentences handed down by the Extraordinary Martial Courts, received by the Commander General of the Armed Forces, they will indicate a hearing so that the parties will verbally allege their rights. That hearing will be noted within twenty-four hours of the document being notified.

Art. 357.-After hearing the oral arguments of the parties, the official who will know will give judgment, confirming, revoking or reforming the one of the First Instance, following the legal opinion of the Military Auditor General.

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Art. 358.-The appeal of the judgments delivered by the Martial Courts of Urgency shall be brought before it, in word, in the act of the notification; and the orders received by the Commander General of the Armed Forces or by the Chief of Operations in Campaign if necessary, after the opinion of the Military Auditor General or a Specific Auditor to be appointed in the event, will resolve without further processing what it considers to be right.

Art. 359. -An appeal may be brought against the decisions, for military offences, delivered by the Chambers of the Second Instance, in cases where, under the provisions of common law, such an appeal applies, where appropriate all the reference to the appeal in the common criminal law.

CHAPTER II OF THE EXECUTION OF THE SENTENCE

Art. 360.-The Judge of the respective Military First Instance is the competent official to comply with the final judgments delivered by the Chambers of the Second Instance or the Commander General of the Armed Forces, who met in appeal or consultation of the final judgments delivered by the Judge or by the Ordinary or Extraordinary Martial Courts, if any; for the purpose of which, upon receipt of the original file, with the certification of the judgment, it shall give compliance and will notify the parties within twenty-four hours of receiving it.

When In the case of a final sentence pronounced by the Commander General of the Armed Forces or the Chief of Operations at Campana, who has known on appeal of the final sentence pronounced by a Emergency Martial Court, the official In order to comply with it is the Chief who gave the order to proceed and brought together such Court, who upon receiving the enforceable sentence, will notify the inmate no later than six hours from the moment of receipt.

Art. 361.-In the judgment of the court, the court which will rule them, will have the freedom of the defendants and will make the communications of the case, in order for the corresponding orders to be delivered.

Art. 362.-An extract of the sentences of the Military Courts, when it will be dealt with by officers, will be published in the General Order of the Ministry of Defense, provided that, in the opinion of the Ministry of Defense, this publication does not prejudice the discipline or prestige of the Armed Force.

Art. 363.-The order of the day and hour for the execution of the death penalty shall be notified to the inmate twenty-four hours in advance.

Notified that resolution, the inmate shall be placed in a special room, where he will be allowed to to receive family and friends, as well as the religious aid that I will request, and will be given all the facilities relevant to the settlement of their interests, in accordance with the Law.

In time of war, if the death sentence is The term of 24 hours may be reduced to trial by a Marcial Court of Urgency. The case may be less than six hours.

The notification shall be made in the presence of the Prosecutor of the case who shall be responsible for monitoring the proper execution.

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Art. 364.-The death sentence shall be executed at the place designated by the official in charge of the execution, always by day and shall not be executed on national or religious holidays.

Art. 365.-The sentenced to death will suffer the execution, which will be executed by a group of eight individuals of troops whose Chief will be the same or superior military category to that of the inmate, without any of the individuals of the group being part of the Military body to which the inmate belonged.

Art. 366.-Before the execution of the death penalty, in the presence of the troops in charge of executing it and of the officials who must attend it, the Judge of the Military First Instance shall make known to the inmate that he has been deprived of his military state and excluded

This will be done by the official in charge of the execution of the judgments of the Martial Courts of Urgency, when the sentence imposed is the death penalty.

Art. 367.-Termination of the execution of the death penalty, the corpse shall be recognized by the official responsible for the execution, accompanied by two medical examiners, but if this is not possible because they are special circumstances of the state war, the recognition will be practiced by the military or non-military physician appointed by the official.

The body of the executed person will be handed over to his relatives for burial, if requested.

Art. 368.-When several prisoners must be passed by the weapons, the execution will be ensured simultaneously, increasing the body of execution.

Art. 369.-In the cases of execution of the death penalty, the certification of the death game and the respective act will be added to the process.

Art. 370.-In the event that the execution of the death penalty is carried out on a ship from which it is not possible to land on a firm land, the carcass shall be thrown with ballast into the waters of the sea and shall be kept on record.

Art. 371.-The notification of the enforceable sentence or its execution shall be suspended in the following cases:

1 ° When the sentenced person is in a state of mental alienation, duly checked; and

2 ° When the sentenced to be ill or seriously injured;

The execution of the death penalty shall be suspended in addition:

1 ° When amnesty, pardon or commutation of such penalty has been requested, as long as that request is resolved; and

2 ° When I will order the Commander General of the Armed Forces.

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TITLE VII

OF PROVISIONAL FREEDOM

ONLY CHAPTER

Art. 372.-Provided that the maximum penalty does not exceed five years of imprisonment, and the official shall be entitled to an interim release, in the judgment of the Court or the Judge, where there are no reasonable fears that the absconding and observed good previous conduct. In this case the favored one must promise under the word of honor, to present himself whenever it is required, under the penalty of disobedience.

SUBSECTION SECOND REPEALED (2)

Art. 373.-In any state of the cause and in any instance, the order of the provisional liberty of the judge or tribunal that has agreed upon him or that he was aware of in appeal in his case may be revoked.

TITLE VIII

OF THE INCOMPATIBILITIES AND EXCUSES

ONLY CHAPTER

Art. 374.-The member position of the martial courts is incompatible with any of the following functions:

1 ° Commander General of the Armed Forces; and

2 ° Ministers or Deputy Secretaries of State.

They also have incompatibility to perform functions in the Martial Courts, the officers who are not on active duty, except in time of war.

Art. 375.-The excuse of the Military Judges of Instruction, the Military Judges of First Instance and the President or Vocals of the Martial Courts to know in the military judicial causes of their competence, must be founded in some of the causes following:

1st.-Parentage of consanguinity within the fourth civil degree or second degree of affinity to any of the defendants, with the person offended or directly harmed by crime or with the person holding the defender or Military Prosecutor;

2nd.-Haber made the complaint or intervened in the cause as an accuser, advocate, expert or witness or necessarily have to be the latter.

This number shall not be considered to be the official number that would have been limited to transmitting or passing the complaint or giving the order to proceed;

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3rd.-Haber been an accuser or a criminal advocate of any of the defendants in the two years preceding the initiation of the trial;

4th.-To have been denounced or accused as an author or accomplice of a common or military offence, by any of the defendants;

5th.-To have pending litigation with the defendant or with the offended, before judicial officers of civil order or administrative officers;

6th.-Have friendship intimate or manifest enmity with the defendant or with the offense or with any of the parties;

7th.-Be debtor, creditor or guarantor of the defendant; and

8th.-Be Commander or Officer of the Company or of an analogous Unit in which it has been he was prosecuted for committing the offence, or served on the defendant's orders, when he was put on trial for facts relating to the exercise of his command.

Art. 376.-The Military Prosecutors and Auditors, of any kind and the secretaries of the Military Judges of Instruction or of the Judges of the Military First Instance, can only found the excuse not to intervene in a given matter, provided that the they are based on any of the numerals 1 °, 4 °, and 6 ° of the previous article.

Art. 377.-They are unique causes of squisa of defenders of trade:

1st.-Be harmed in the process or have declared as a witness of charge;

2nd.-Serious illness duly proven;

3rd.-Manifest enmity with the defendant;

4th.-Special and permanent commission of the service; and

5th.-Haber intervened in the formation of the summary as Military Judge of Instruction or Registrar of the same.

Art. 378.-Any member of a Military Tribunal that is understood in any of the respective causes of excuse, shall immediately inform him of who is responsible; and when he does not do so, the inmate, the Prosecutor or the defender may to do so in order to require a statement from the indicated official to be required, be resolved if the excuse is legal and must be replaced.

Art. 379.-The causes of excuse of the Prosecutors, Auditors, secretaries, and defenders will be resolved by the judge or court martial that knows of the matter; the excuses of the members of the Martial Courts of Urgency, will be resolved by the authority competent to call it.

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The grounds for the excuse of the Military Judges of Instruction shall be resolved by the Authority military who appointed them; and that of the Judges of the Military First Instance by the respective Chamber of the Second Instance, but the party that has the right to challenge with the fact that that official continues to be known.

Art. 380.-The Commander General of the Armed Forces cannot excuse himself from knowing in any matter of his competence nor can he be recused in any case.

The same applies to the Commander in Chief of Operations in time of war.

FINAL TITLE

TRANSIENT Provisions

Art. 381.-In the proceedings pending the enactment of this Code, for offences committed before it, the Judges who are aware of causes instructed by facts that the previous penal legislation has been Qualified as crimes or faults and have no penalty in this Code, they will be in the process of ordering the immediate release of the prisoners and will refer the cause in consultation to the respective Chamber of the Second Instance.

is applicable to the Chambers of the Second Instance which are aware of a process in the same way circumstances.

Art. 382.-All prisoners who have been prosecuted for crimes or offences to the date of the application of this Code shall enjoy the benefit of applying the most favourable provisions contained in this order or in the repealed.

Art. 383.-In the proceedings in which the final judgment is condemned and executed, in accordance with the penal provisions of the repealed Code, the following rules shall be observed:

1st.-If the sentence has been for a given considered as a crime by the previous legislation and that this Code does not repress as such, the immediate freedom of the inmate will be ordered; and

2nd.-If the conviction is of a custodial sentence superior to the maximum that this Code points to the same crime, will order the substitution of the penalty imposed by which this Code points to maximum.

resolutions referred to in this Article shall be given at the written request of the inmate or his/her human rights defender, by the competent court which issued the judgment in the First Instance.

Art. 384.-The prison sentences, the largest prison and the lesser prison imposed in accordance with the repealed military criminal law, shall be construed as being of trade in imprisonment or arrest as the case may be.

Art. 385.-This Code will enter into force thirty days after its publication in the Official Journal, since that date has been totally repealed the Military Penal Code and Military Procedures promulgated on the twentieth of August of a thousand nine hundred Twenty-three, as well as all of its subsequent reforms.

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GIVEN IN THE LEGISLATIVE ASSEMBLY HALL OF SESSIONS; NATIONAL PALACE: San Salvador, five days of the month of May of a thousand nine hundred and sixty-four.

Francisco José Guerrero, President.

Salvador Ramírez Siliezar, Vice President.

Juan Elias Ferman h., José Raúl Castro, First Secretary. First Secretary.

Ernesto Mauricio Magana, First Secretary.

José Antonio Soto, Second Secretary.

Augusto Ramirez Salazar, Julio Hidalgo Villalta, Second Secretary. Second Secretary.

CASA PRESIDENTIAL: San Salvador, seven days in the month of May, one thousand nine hundred and sixty-four.

PUBLISH: JULIO ADALBERTO RIVERA, President of the Republic.

Humberto Guillermo Cuestas, Minister of Justice.

Marco Aurelio Zacapa, Minister of Defense.

D. O. N ° 97 Tomo N ° 203 Date: 29 May 1964.

REFORMS:

(1) D.L. Nº 345, MARCH 7, 1985; D.O. Nº 63, T. 286, MARCH 28, 1985.

(2) D.L. NO 368, NOVEMBER 12, 1992; D.O. NO. 219, T. 317, NOVEMBER 27, 1992.

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UNCONSTITUTIONALITY:

*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY MEANS OF JUDGMENT No. 79-2011, PUBLISHED IN THE D. O. No. 165, T. 404, OF SEPTEMBER 8, 2014 DECLARES UNCONSTITUTIONAL ART. 168 INC. 1 ° ORD. 2 °, BECAUSE THE MAXIMUM PERIOD OF 30 DAYS OF MILITARY DISCIPLINARY ARREST CONTRADICTS THE DEADLINE. MAXIMUM OF 5 DAYS AS ART. 14 CN. ESTABLISHES AS A TIME LIMIT FOR THE ARREST APPLIED BY AN ADMINISTRATIVE AUTHORITY.

MHSC/ngcl

JQ 07/10/14

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