The Non-Applicability of the Statute of Limitations for Criminal Prosecution as a Tool to Prevent Impunity for Femicide in El Salvador

Abstract

The non-applicability of the statute of limitations for femicide in El Salvador, established under Article 58-A of the LEIV, represents a significant legal advance against impunity. This research, using a dogmatic-explanatory and qualitative approach, examines the application of the due diligence standard in early investigative phases and its effect on access to justice for victims. Through interviews with key justice system actors, the study identifies progress, yet also reveals persistent shortcomings: poor interinstitutional coordination, limited technical and human resources, and insufficient gender perspective in investigations. Findings suggest that although the elimination of prescription strengthens the legal framework, it is not sufficient alone to eradicate femicide impunity. Strengthening institutional capacity, enforcing specialized protocols, and promoting public policies to dismantle the underlying machismo culture are essential. The study also recommends establishing long-term evidence preservation systems, comprehensive victim and witness protection mechanisms, and ensuring a differentiated judicial approach. A comprehensive state commitment is needed, integrating prevention, investigation, and prosecution efforts under international human rights standards.