(con base a lo dispuesto en el) Código Procesal derogado

Heredianista

Senior Member
English - USA
Hello dear colleagues,

I have a question from a 22-page text from El Salvador, dealing with a case of reckless driving. (It is full of grammatical inconsistencies, typos, syntax errors and legal terminology from El Salvador that I don't recognize.)

According to the wordreference dictionary, derogar means repeal, abrogate, abolish or revoke. However, in my document, "el Código Procesal derogado" refers to a code that is actively in use--Not repealed, abrogated, abolished or revoked, but rather, current and legally valid. So I am confused.

Can anyone help me understand what "derogado" means, here?

Many thanks!

"Siendo que en Audiencia Inicial celebrada a las once horas del día veinticuatro de Febrero de dos mil nueve se otorgó LA SUSPENSION CONDICIONAL DEL PROCESO, a favor del imputado XXXX, ello con base a lo dispuesto en los Artículos 22, 23 y 256 No. 6, del Código Procesal derogado."

"At a Preliminary Hearing held at eleven o’clock on the twenty fourth of February of two thousand and nine, a CONDITIONAL SUSPENSION OF CRIMINAL PROCEEDINGS was granted, in favor of the accused XXXX, on the basis of that which is set forth in Articles 22, 23 and 256 No. 6, of the _________ Procedural Penal Code.
 

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  • Gorgiewave

    Senior Member
    Scotland, English
    My best guess is that it refers to a law that has indeed been repealed but which was in force when the offence was committed and would therefore be the law applicable to the offence. It would be described as derogado because it now is repealed and perhaps to distinguish from the current código procesal penal.
     

    Heredianista

    Senior Member
    English - USA
    My best guess is that it refers to a law that has indeed been repealed but which was in force when the offence was committed and would therefore be the law applicable to the offence. It would be described as derogado because it now is repealed and perhaps to distinguish from the current código procesal penal.
    Thank you, Gorgiewave! That would make sense.
     

    Veritas Patefacta

    Senior Member
    English
    audiencia inicial
    initial appearance, arraignment (in some states)

    A preliminary hearing is something else insofar as it has a specific legal purpose, which is to find whether or not there is sufficient evidence to continue to trial.

    suspensión condicional del proceso
    deferred judgment. Also termed, according to Black's Law Dictionary, deferred adjudication; deferred-adjudication probation; deferred prosecution; probation before judgment; probation without judgment; pretrial intervention; adjudication withheld.

    Es imprescindible saber que con la suspensión condicional del proceso, se procura el sobreseimiento de la acción penal una vez cumplidas las condiciones y concluido el plazo de la suspensión. The English terms, above, refer to a procedure in which a dismissal is possible upon satisfaction of certain conditions within a certain time period.

    código procesal derogado
    repealed procedure code

    The term "penal" is used in English only for criminal law, whereas in Spanish the cognate can be used in reference to penal law, i.e., criminal law, and criminal procedure law.
     
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