Practice Relating to Rule 107. Spies
Section A. Definition of spies
El Salvador’s Penal Code (1997), as amended to 2008, states:
Art. 352.- Any Salvadoran or foreigner, exercising a function, position, or public or technical office, who takes up arms against El Salvador under an enemy flag, joins or provides any kind of political, military, technical or economic assistance, propaganda or any other act or economic activity that favours or facilitates the military capacity of a State at war with El Salvador shall be sanctioned with fifteen to twenty five years of prison.
The above-mentioned provision is applicable to foreigners, present in the country, exercising a function, position, or public or technical office for an international organization, having carried out any of the mentioned acts.
Intelligence with a Foreign State
Art. 353.- Any Salvadoran or foreigner in the circumstances mentioned in the previous article, who is in contact with, [provides] intelligence to, or engages in any other act with a foreign State in order for a war to be declared or for the carrying out of hostile acts against the Salvadoran State, will be punished with fifteen to twenty five years of prison if these acts resulted in war; with ten to fifteen years if they only resulted in hostile acts, and five to ten years if they did not result in war or hostile acts.
Provocation of War, Retaliation or International Enmity
Art. 354.- Anyone who engages in Salvador territory in the recruitment [of persons], or in any other hostile act against El Salvador in a manner that increases the danger of war for El Salvador, will be punished with five to ten years of prison, and with ten to fifteen years if the war occurs.
Disclosure of State Secrets
Art. 355.- Anyone who discloses political or military secrets concerning State security or facilitate their disclosure will be punished with one to six years of prison.
The sanction will increase by a third of the indicated maximum if the responsible [person] had knowledge of the secrets due to their position, or if [these were] obtained through the use of violence or fraud.
Art. 356.- Any Salvadoran, any [person] having been [a national of El Salvador] and no longer one, and foreigners owing obedience to the Republic of El Salvador due to their function, position or public or technical office, who place themselves at the service of a foreign nation or of its agents in time of peace in order to provide information on political, diplomatic or military secrets of the State, will be sanctioned with eight to twenty years of prison.
If the Salvadoran was a public official or a public servant the sanction can increase by up to a third of the maximum amount indicated.
If committed by a foreigner not in the conditions mentioned above, the sanction will be between four to ten years of prison.
Art. 357.- Anyone who destroys or renders unusable in whole or in part, even if temporarily, systems of attack, defence, communication, transportation, procurement, deposit, other military works or that are at the service of the armed forces or public security of the State, will be sanctioned with five to ten years of prison if committed with the aim of sabotage and in time of war to cause a serious disruption of public order or a public calamity. Sabotage will be sanctioned with ten to twenty years of prison if committed with the intent of causing a state of war with the Salvadoran State, and if it resulted in the preparation of its military capacity or of military operations. If the indicated acts are carried out in a period of normalcy, and they directly affect the national military capacity, the punishment will be between one to three years of prison.