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Believe The Courts And Specialized Courts, To Hear Crimes Of Racketeering And Complex Realization.

Original Language Title: CRÉANSE LOS TRIBUNALES Y JUZGADOS ESPECIALIZADOS, PARA CONOCER DELITOS DE CRIMEN ORGANIZADO Y DE REALIZACIÓN COMPLEJA.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 246

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I. According to the Constitution, it is for the judicial authority to judge and enforce the judicial process in constitutional, civil, criminal, commercial, labor, agrarian and administrative matters, as well as in the others to determine the law, having for such effects the Supreme Court of Justice, bill.

II. That by Legislative Decree No. 190, dated December 20, 2006, published in Official Journal No. 13, Volume No. 374, dated January 22, 2007, the most serious crimes committed, nationally and internationally, in which the crime operates Organized or are of complex realization, they will be known by Courts and Tribunals, based in the cities of San Salvador, Santa Ana and San Miguel, with the territorial division that in that decree is pointed out.

III. That the aforementioned decree establishes the manner in which such Tribunals and Specialized Courts will be organized, pointing out that the ones of Instruction and those of Sentence will be one-personal or pluripersonal and the Chambers Specialized of the Penal, will be composed of two Magistrates.

IV. That the judges of the Republic make a significant contribution to the achievement of peaceful coexistence in the country, without prejudice to which it is necessary to strengthen the judicial protection.

V. That in order to be congruent with the above expressed, in order to initiate the specialized jurisdiction under the scheme of modernization and to adapt the legislation to the provisions of the "Law of the Judicial Organic", it is imperative to issue a Decree, for which it is create the Specialized Courts and Courts referred to in Article 3 of the "Law Against Organized Crime and Complex Realization Crimes".

BY TANTO,

in use of its constitutional powers and on the initiative of the Court Supreme of Justice, DECCRETA:

Art. 1.-Create in the Municipality of San Salvador a Chamber of the Second Instance, which will be called the "Specialized Chamber of the Criminal", which will have competence at the national level, will be based in the CITY OF SANTA KEY , DEPARTMENT OF THE FREEDOM, and will meet in the second instance of criminal matters, referred to in the Law Against Organized Crime and Crimes of Complex Realization. (1)

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Art.2.-Create the following Specialized Instruction Courts:

A) In the Municipality San Salvador: The Specialized Court of Instruction. It will have competence over the departments of San Salvador, La Libertad, San Vicente, Cabanas, Cuscatlán, La Paz and Chalatenango. He will be known in the first instance of the direct tax charge or of the opinion, according to the "Law Against Organized Crime and Crimes of Complex Realization."

B) In the Municipality of Santa Ana: the Specialized Court of Instruction. It will have competence over the departments of Santa Ana, Ahuachapan and Sonsonate. He will be known in the first instance of the direct tax charge or of the opinion, according to the "Law Against Organized Crime and Crimes of Complex Realization."

C) In the Municipality of San Miguel: the Specialized Court of Instruction. It will have competence over the departments of San Miguel, Usulutan, Morazan and La Union. He will be known in the first instance of the direct tax charge or of the opinion, according to the "Law Against Organized Crime and Crimes of Complex Realization."

Art. 3.-Create the Specialized Courts of Judgment:

A) In the Municipality of San Salvador: the Specialized Court of Judgment. It will have competence over the departments of San Salvador, La Libertad, San Vicente, Cabanas, Cuscatlán, La Paz and Chalatenango. He will know of the plenary judgment in the causes instructed according to the "Law Against Organized Crime and Crimes of Complex Realization."

B) In the Municipality of Santa Ana: the Specialized Court of Judgment.

It will have competence over the departments of Santa Ana. Ahuachapan and Sonsonate. He will know of the plenary judgment in the causes instructed, according to the "Law Against Organized Crime and Crimes of Complex Realization."

C) In the Municipality of San Miguel: the Specialized Court of Judgment.

It will have jurisdiction over the departments of San Miguel, Usulutan, Morazán and La Unión. He will know of the plenary judgment in the causes instructed according to the "Law Against Organized Crime and Crimes of Complex Realization."

Art. 4.-Without prejudice to the provisions of Art. 59 of the "Law Organic Law" and Art. 3, sixth of the "Law Against Organized Crime and Crimes of Complex Realization", the Specialized Courts of Instruction and the Specialized Courts of Judgment will be Plurpersonal, each of the Judges having jurisdiction and individual and independent competence. The Specialized Courts of Instruction and those of Judgment shall be permanently or permanently integrated with one, two or more Judges.

The Judges of the Specialized Courts of Instruction and those of Judgment, created in a multi-personal manner by means of this decree, must know of the causes designated by the Judge who has the antecedent appointment in order of precedence.

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Art. 5.-The Supreme Court of Justice shall have the form of organization, structure and administrative functioning of the Courts and Tribunals that are integrated, in accordance with the foregoing articles, being able to move staff from the Courts or Tribunals which is deemed appropriate, to serve the functions of the Specialized Courts and Tribunals, all in accordance with applicable laws.

Art. 6. Notwithstanding the provisions of Art. 160-B of the "Law of the Judicial Organic Law", the Supreme Court of Justice may provide for the use of electronic, optical, magnetic, telematic, computer and other technologies for the realization of the of procedural acts of communication.

Art.7.-The Supreme Court will determine the Magistrates and Judges that are needed to cover the temporary or permanent absences of the Specialized Courts and Courts.

Art. 8.-The courts competent in criminal matters shall know of the crimes committed prior to the validity of this law and whose criminal actions have not been initiated; as well as continue to know, until their termination, of the criminal actions initiated to the date of the present Decree; in any case following the procedures contained in the Criminal Procedure Code and applicable laws.

Art. 9. This Decree shall be incorporated into the "Law of the Judicial Organic Law."

Art.10.-The provisions of the "Law of the Judicial Organic" and other laws and legal precepts contained in other ordinances that oppose this law are hereby repealed.

Art. 11.-This Decree will enter into force eight days after its publication in the Official Journal.

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, on the twenty-three days of the month of February of the year two thousand seven.

RUBEN ORELLANA MENDOZA, PRESIDENT.

ROLANDO ALVARENGA ARGUETA, FRANCISCO ROBERTO LORENZANA DURAN, VICE-PRESIDENT. VICE PRESIDENT.

JOSÉ RAFAEL MACHUCA ZELAYA, RODOLFO ANTONIO PARKER SOTO, VICE-PRESIDENT. VICE PRESIDENT.

ENRIQUE ALBERTO LUIS VALDES SOTO, GERSON MARTINEZ, SECRETARY. SECRETARY.

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JOSÉ ANTONIO ALMENDARIZ RIVAS, NORMAN NOEL QUIJANO GONZÁLEZ, SECRETARY. SECRETARY.

ZOILA BEATRIZ QUIJADA SOLIS, SECRETARY.

CASA PRESIDENTIAL: San Salvador, five days of the month of March of the year two thousand seven.

PUBLISH, ELIAS ANTONIO SACA GONZÁLEZ,

President of the Republic.

René Mario Figueroa Figueroa, Minister of Public Security and Justice.

D. O. No. 43 Took No 374 Date: March 5, 2007.

JCH/adar

REFORM:

(1) D. L. No. 576, DECEMBER 20, 2016; D. O. NO. 240, T. 413, DECEMBER 23, 2016.

NGC 13-02-17

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