Criminal law in El Salvador

El Salvador applies national criminal law throughout the country. Local differences mainly concern access to institutions and case allocation, not the substance of the offences. Criminal liability normally requires conduct covered by a prior, precise and unambiguous criminal provision. The law does not permit analogy to create a crime or penalty. Dolo means intentional conduct, while culpa means negligent conduct. The applicable rules also address attempts, withdrawal, justifications, grounds excluding guilt, multiple offences, limitation periods and forfeiture. The penalty must follow necessity and proportionality, and criminal liability does not generally arise solely from an objective result without the required mental element. A complaint or other noticia criminal can be submitted to the PNC or FGR. The FGR directs, coordinates and supervises criminal investigations, and the PNC gathers evidence, conducts investigative measures and makes arrests under FGR direction. Investigation may include urgent verification, inspection, searches, seizures, body-related or electronic measures, witness interviews, expert examinations and chain-of-custody records. Special undercover measures require the legal authorization provided by the Código Procesal Penal or a special law. International legal assistance and extradition may also affect a case. An arrest generally requires a judicial order or flagrancia, meaning that the person is caught during or immediately after the offence. Authorities must communicate the reason for the arrest and the person’s rights in an understandable way. General pretrial custody limits are 12 months for less serious offences and 24 months for serious offences, with judicially reasoned exceptions for complex expert evidence, jurisdictional conflicts, mutual legal assistance or extradition. Special rules for offences of extreme gravity may displace the ordinary limits, so the current classification and transitional rules require case-specific checking. A typical criminal case can include an FGR requerimiento, the initial hearing, formal investigation, a preliminary hearing, a public trial and a judgment. Available challenges include reconsideration, appeal, cassation and review. The law also provides abbreviated proceedings, proceedings for misdemeanours, security measures, private criminal actions and special treatment for organized crime or offences of extreme gravity. A victim may participate as a querellante, a party supporting the prosecution, or as an actor civil seeking civil reparation within the criminal case where the legal requirements are met. Possible consequences include imprisonment, revisable life imprisonment, non-custodial measures, community service, weekend arrest, fines, disqualification or suspension of rights, and confiscation of criminal proceeds or property. The Juzgado de Vigilancia Penitenciaria y de Ejecución de la Pena supervises sentence enforcement, while the Dirección General de Centros Penales manages prisons. Ordinary conditional release generally requires serving two-thirds of the sentence together with suitable conduct and the relevant criminal assessment, but many special laws exclude it. The 2026 reforms provide for revisable life imprisonment for specified homicide, rape and terrorism cases, with the precise application depending on the offence, reform and transitional rules. Victims have rights to access justice, information, dignified treatment, protection, participation and reparation. The Unidad Técnica Ejecutiva del Sector Justicia and the Comisión Coordinadora del Sector Justicia manage protection arrangements for victims, witnesses and experts facing danger, with implementation involving bodies such as the PNC. Measures may include confidentiality, security arrangements and safe accommodation. These protections must be balanced with the accused person’s defence rights. People aged 12 to under 18 fall under the Ley Penal Juvenil. Children under 12 are not subject to criminal prosecution under that law, although protection measures may follow the Ley Crecer Juntos through CONAPINA. Youth proceedings involve the PGR’s Unidad Penal Juvenil or public defence and may include educational, reintegration and restorative measures through Centros de Integración Social. The 2026 reforms tighten some consequences for serious offences: for specified cases, the maximum imprisonment can reach 10 years for ages 12 to under 16 and 20 years for ages 16 to under 18, while an offence carrying life imprisonment can lead to life imprisonment subject to review under the Código Penal. Road conduct can lead to administrative consequences or criminal liability. The Código Penal covers negligent homicide and injury connected with vehicle operation and dangerous driving, while the transport and road-safety legislation mainly governs fines, licence suspension and other administrative measures through the VMT and Dirección General de Tránsito. A collision or traffic violation is not automatically a crime; the conduct, result and statutory elements determine the classification. Juzgados de Tránsito handle judicial traffic matters, and electronic enforcement may also be used. The Ley Especial contra los Delitos Informáticos y Conexos covers conduct such as unauthorized access or interference, data damage, computer fraud and unlawful exploitation of sexual content. Digital documents, messages, images, videos and other data can serve as evidence under the Código Procesal Penal, but authenticity, integrity and chain of custody must be preserved. The PNC and FGR may conduct open online research. Digital undercover work requires written authorization from the Fiscal General. A court may order the blocking or securing of an account, profile or website for up to six months, with possible extension under the investigation rules. As of 12 September 2026, the régimen de excepción established by Decreto Legislativo No. 333/2022 had been extended through 27 September 2026. It is a temporary constitutional context that can affect arrest and procedural rights, rather than a separate branch of criminal law. The applicable measure and any transition rules should be checked for the date and circumstances of the individual case. The PGR can provide public criminal defence through a local Procuraduría Auxiliar when private representation is unavailable. Private lawyers, expert reports, transport and other case-related services may create costs, while the duration depends on the offence, court, evidence, special procedure and appeals.