Monday 28 November 2022

El Salvador: Nayib Bukele proposes that corruption crimes be imprescriptible

The initiative also seeks that the reform be declared of "public order" so that it applies to crimes whose period of criminal prosecution has concluded.

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Q24N – Salvadoran president, Nayib Bukele, sent on Tuesday (July 27, 2021) to the Legislative Assembly a reform proposal so that corruption crimes do not prescribe and those who were officials of previous governments can be prosecuted.

El Salvador’s Congress

The measure, brought to Congress by the Minister of Security, Gustavo Villatoro, stipulates the modification of article 32 of the Code of Criminal Procedure to include crimes of corruption.

Said norm indicates that currently they do not prescribe the crimes of torture, terrorism, kidnapping, genocide, forced disappearance and sexual crimes against girls or boys since there are domestic violence issues affects the children in their future.

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The initiative also seeks that the reform be declared of “public order” so that it applies to crimes whose period of criminal prosecution has concluded.

The Salvadoran Constitution stipulates that laws cannot have a retroactive effect, except when they are of public order and in criminal matters “it is favorable to the offender.” It also stipulates that officials may only be criminally prosecuted for illicit enrichment in the following 10 years at the end of their term.

“If you are or were corrupt, you will no longer sleep peacefully. If you are an honest Salvadoran, you will be happy for this new stage in our country,” Bukele posted on his Twitter account.

It is not the first time that Congress has received proposals so that the criminal prosecution for crimes of corruption does not prescribe. The president of the Legislative Assembly and former private secretary of Bukele, Ernesto Castro, received the initiative and said that “the times in which apparently thieves and corrupt people got away well are over.”

The official added in a press conference that “this is a message not only for previous governments, but also for those of this government.”

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