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November 7, 2019In force

Decree 119-2019 Reform on the Effective Date of the New Criminal Code

Congreso Nacional

  • Decree: 119-2019
  • Published: November 7, 2019
  • Issuing body: Congreso Nacional
  • Gazette: 35,092
  • Category: Criminal

Summary

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This decree extends by six additional months the effective date of the new Penal Code (published in May 2019). The change allows judges, prosecutors, and police to receive training and information about this new law before applying it, ensuring they are prepared to effectively combat crime and violence.

Considerations

Whereas, in Decree No. 130-2017 of January 18, 2018, which contains the Penal Code, published in the Official Gazette La Gaceta on May 23, 2019, contains 635 articles and in its Article 635 reads as follows: "ARTICLE 635 EFFECTIVE DATE. This Code shall enter into force six (6) months after its publication in the Official Gazette La Gaceta". The foregoing means that, having been published on May 23, 2019, this normative provision shall enter into force on November 23, 2019.

Whereas it is important to extend the period in question with the purpose that the Criminal Justice Administration System may introduce mechanisms for training and dissemination of this criminal legal normative throughout the national territory so that justice operators are provided with a legal tool that allows them to effectively combat violence and crime.

Whereas the National Congress, being consistent with the process described in the Constitution of the Republic and in the Organic Law of this Branch of State, after hearing the opinion of the Supreme Court of Justice, it is feasible to extend for a term of six (6) additional months the period of legislative vacancy of the new Penal Code.

Whereas Article 205, Attribution 1) of the Constitution of the Republic, establishes that it is within the power of the National Congress: To create, decree, interpret, reform and repeal laws.

Amendments

Articles

Article 1.-

To reform Article 635 of Decree No. 130-2017 of January 18, 2018, published in the Official Gazette on the date of May 2019, which contains the PENAL CODE, which shall be read as follows:

Article 635

EFFECTIVE DATE. This Code shall enter into force as of May 25, 2019.

Article 2.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the fourth day of the month of November of two thousand nineteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Power. Therefore, Execute It. Tegucigalpa, M.D.C., November 4, 2019. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE, AND DECENTRALIZATION HÉCTOR LEONEL AYALA ALVARENGA

Notes

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