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PENAL CODE OF GUATEMALA
DECREE No. 17-73
THE CONGRESS OF THE REPUBLIC OF GUATEMALA
CONSIDERING:
That it is necessary and urgent to issue a new Penal Code, in accordance with the
Guatemalan reality and advances in criminal science;
CONSIDERING:
That, in addition to the time when the Penal Code currently in force was issued, it was
has had the need to incorporate, through partial reforms, new regulations that
have affected its unity and made its application and study difficult,
THEREFORE:
Based on article 156 of the Constitution of the Republic and in compliance
of the attributions assigned by subsection 1o. of article 170 of the same,
DECREE:
The next
PENAL CODE
BOOK FIRST
GENERAL PART
TITLE I
OF THE CRIMINAL LAW
OF LEGALITY
ARTICLE 1. No one may be punished for acts that are not expressly
classified, as crimes or misdemeanors, by law prior to its perpetration; nor will others be imposed
penalties that are not previously established by law.
EXTRACTIVITY
ARTICLE 2. If the law in force at the time the crime was committed is different from
Any subsequent law, the one whose provisions are favorable to the offender will be applied,
even when a final sentence has been passed and he is serving his sentence.
EXCEPTIONAL OR TEMPORARY LAW
ARTICLE 3. The exceptional or temporary Law shall apply to the acts committed under
its validity, even when it has ceased at the time of issuing the ruling, except as
provided in article 2.

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TERRITORIALITY OF CRIMINAL LAW
ARTICLE 4. Except for what is established in international treaties, this Code shall apply to
any person who commits a crime or misdemeanor in the territory of the Republic or in places or
vehicles subject to its jurisdiction.
EXTRATERRITORIALITY OF CRIMINAL LAW
ARTICLE 5. This Code will also apply:
1st. For a crime committed abroad by an official in the service of the Republic,
when he has not been tried in the country in which the act was perpetrated.
2nd. For a crime committed on a ship, aircraft or any other means of transport
Guatemalan, when he has not been tried in the country where the crime was committed.
3rd. For a crime committed by a Guatemalan, abroad, when it has been denied
his extradition.
4th. For a crime committed abroad against a Guatemalan, when it has not been
tried in the country of its perpetration, provided there is an accusation by part or the
Public Ministry and the accused will be in Guatemala.
5th. For a crime that, by treaty or convention, must be punished in Guatemala, even
when it has not been committed in its territory.
6th. For a crime committed abroad against the security of the State, the order
constitutional, the integrity of its territory, as well as falsification of the signature of the
President of the Republic, counterfeit currency or banknotes, legal tender,
bonds and other titles and credit documents.
FOREIGN JUDGMENT
ARTICLE 6. In the cases of subsections 1o. and 6th. of the previous article, the accused will be
tried under Guatemalan law, even when he was acquitted or convicted in the
Foreign. The penalty or part of it that has been served, as well as the time that there will be
detained state, the accused will be abandoned.
In all other cases, if there is a conviction, the more benign law will be applied. Sentence
foreigner will produce res judicata.
EXCLUSION FROM ANALOGY
ARTICLE 7. By analogy, judges may not create criminal figures or apply
sanctions.
EXTRADITION

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ARTICLE 8. Extradition may only be attempted or granted for common crimes.
In the case of extradition included in international treaties, only
be granted if there is reciprocity.
In no case may extradition be attempted or granted for political crimes, or for
common crimes related to them.
SPECIAL LAWS
ARTICLE 9. The provisions of this Code shall apply to all matters of
criminal nature, regulated by other laws, insofar as these, implicitly or expressly, do not
provide otherwise.
TITLE II
OF THE CRIME
CAUSAL RELATIONSHIP
ARTICLE 10. The events provided for in the criminal figures will be attributed to the
accused, when they are the consequence of an action or omission normally suitable
to produce them, according to the nature of the respective crime and the circumstances
specific cases or when the law expressly establishes it as a consequence of
certain behavior.
PAINFUL CRIME
ARTICLE 11. The crime is fraudulent, when the result has been foreseen or when, without
To pursue that result, the author represents it as possible and executes the act.
CULPOS VDELITO
ARTICLE 12. The crime is culpable when, on the occasion of lawful actions or omissions,
evil is caused by recklessness, negligence or inexperience.
Faulty acts are punishable in cases expressly determined by law.
CRIME CONSUMED
ARTICLE 13. The crime is consummated, when all the elements of its
typing.
ATTEMPT
ARTICLE 14. There is an attempt, when in order to commit a crime, its
execution by external acts, suitable and not consummated by causes independent of the
will of the agent.
IMPOSSIBLE ATTEMPT

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ARTICLE 15. If the attempt is made with normally inadequate means or on
an object of such a nature that the consummation of the act is absolutely
impossible, the author will only be subject to security measures.
WITHDRAWAL
ARTICLE 16. When the execution of a crime has begun, the perpetrator desists
voluntarily to perform all the necessary acts to consummate it, he is only
a sanction will be applied for the acts carried out, if they constitute a crime by themselves.
CONSPIRACY AND PROPOSITION
ARTICLE 17. There is a conspiracy, when two or more people agree to
commit a crime and decide to execute it.
There is a proposal, when the one who has decided to commit a crime, invites another or others
people to run it.
Conspiracy, proposition, provocation, instigation and induction to commit
a crime, they are only punishable in cases where the law expressly determines it.
COMMISSION FOR OMISSION
ARTICLE 18. Whoever omits to prevent a result that he has a legal duty to avoid,
it will respond as if it had produced it.
CRIME COMMISSION TIME
ARTICLE 19. The crime is considered to have been carried out at the time the
action. In crimes of omission at the time the omitted action should have been carried out.
PLACE OF CRIME
ARTICLE 20. The crime is considered carried out: in the place where the action was carried out, in
all or in part; in the place where the result occurred or should have occurred and in the
crimes of omission, in the place where the omitted action should have been carried out.
ERROR IN PERSON
ARTICLE 21. Whoever commits a crime will be responsible for it, even if his action falls
in a person other than the one whom he intended to offend or the harm caused is different
of the one he proposed to execute.
CASE EVENT
ARTICLE 22. Does not incur criminal liability, who on the occasion of actions or
Lawful omissions, putting into them due diligence, produces a harmful result
by mere accident.
TITLE III
OF THE CAUSES THAT EXEMPTS FROM CRIMINAL LIABILITY

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CHAPTER I
CAUSES OF UNIMPUTABILITY
ARTICLE 23. It is not imputable:
1st. The minor.
2nd. Who at the time of the action or omission, does not possess, due to illness
mental, incomplete or retarded mental development or transitory mental disorder, the
ability to understand the unlawful nature of the act or to determine in accordance with
that understanding, unless the transient mental disorder has been carefully sought
purpose by the agent.
CHAPTER II
CAUSES OF JUSTIFICATION
ARTICLE 24. The reasons for justification are:
LEGITIMATE DEFENSE
1st. Whoever acts in defense of his person, property or rights, or in defense of the
person, property or rights of another, provided that the following circumstances concur:
a) Illegitimate aggression;
b) Rational necessity of the means used to prevent or repel it;
c) Lack of sufficient provocation on the part of the defender. It will be understood that they concur
these three circumstances with respect to the one who rejects the one who intends to enter or has
entered someone else's dwelling or its premises, if his attitude denotes the imminence of a
danger to life, property or rights of the residents.
The requirement set forth in literal c) is not necessary when it comes to the defense of their
relatives within the degrees of law, of your spouse or common-law partner, of your parents or
adopted children, provided that the defender did not take part in the provocation.
STATE OF NEED
2nd. Whoever has committed an act forced by the need to save himself or to save
others from a danger, not caused by him voluntarily, or otherwise avoidable,
provided that the fact is in proportion to the danger. This exemption extends to those who
Cause damage to the patrimony of others, if the following conditions concur:
a) Reality of the evil to be avoided;
b) That the evil is greater than the one caused to avoid it;
c) That there is no other practicable and less harmful means to prevent it.

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You cannot allege a state of necessity, who had a legal duty to face the danger or
sacrifice.
LEGITIMATE EXERCISE OF A RIGHT
3rd. Whoever executes an act, ordered or permitted by law, in legitimate exercise of the position
the public he performs, the profession to which he is engaged, the authority he exercises, or
the help I give to justice.
CHAPTER III
CAUSES OF INCULPABILITY
ARTICLE 25. The following are causes of guilt:
INVINCIBLE MIDDLE
1st. Executing the act driven by invincible fear of damage equal to or greater, true or
imminent, depending on the circumstances.
EXTERNAL FORCE
2nd. Execute the act violated by irresistible external material force, directly
employed on him.
ERROR
3rd. Execute the fact in the absence of an illegitimate aggression against his
person, provided that the reaction is in proportion to the assumed risk.
DUE OBEDIENCE
4th. Execute the act by virtue of due obedience, without prejudice to responsibility
corresponding to whoever ordered it. Obedience is considered due when
meet the following conditions:
a) That there is hierarchical subordination between whoever orders and who executes the act;
b) That the order is issued within the scope of the powers of the issuer, and is
covered with legal formalities;
c) That the illegality of the mandate is not manifest.
JUSTIFIED OMISSION
5th. Whoever incurs in any omission being prevented from acting, for a legitimate reason and
insuperable.
TITLE IV
OF THE CIRCUMSTANCES THAT MODIFY CRIMINAL LIABILITY
CHAPTER I

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ATTENUATING CIRCUMSTANCES
ARTICLE 26. The following are extenuating circumstances:
PSYCHIC INFERIORITY
1st. The conditions determined by organic or pathological circumstances that
diminish, without excluding it, the subject's capacity to understand or to love.
EXCESS OF THE CAUSES OF JUSTIFICATION
2nd. The excess of the limits established in the causes of justification.
EMOTIONAL STATE
3rd. Acting the offender by stimuli so powerful that naturally, they have produced
outburst or stubbornness.
EFFECTIVE REPENTANCE
4th. If the offender has zealously sought to repair the damage caused or to prevent his
further pernicious consequences.
REPAIR OF INJURY
5th. If the offender, in the judgment of the court, has repaired, restored or compensated
adequately and satisfactorily the damage caused before sentencing.
PRETERINTENTIONALITY
6th. Not having intended to cause such serious damage, such as the one
produced.
PRESENTATION TO THE AUTHORITY
7th. Yes, the accused being able to evade the action of justice by escape or other suitable means,
has voluntarily submitted to the authority.
SPONTANEOUS CONFESSION
8th. The confession of the accused, if he had given it in his first statement.
IGNORANCE
9th. The lack of illustration, given the nature of the crime, insofar as it has influenced its
execution.
DIFFICULTY TO PREVENT
10. In culpable crimes, causing the harmful result in circumstances that did
very unlikely or difficult to foresee.

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PROVOCATION OR THREAT
11. Having immediately preceded, on the part of the offended, provocation or threat in
proportion to crime.
VINDICATION OF OFFENSE
12. Having executed the act in proximate vindication of a serious offense, caused by the
perpetrator of the crime, his spouse, his common-law partner, his relatives within the degrees of law,
their adopters or their adoptees.
Proximate vindication is understood to be one that is exercised consecutively to the offense or
when there has not been enough time for reflection.
INCOMPLETE INCULPABILITY
13. Those expressed in Article 25 when the necessary requirements for
exclude liability in the respective cases.
ATTENUANTS BY ANALOGY
14. Any other circumstance of the same entity and analogous to the interior ones.
CHAPTER II
AGGRAVATING CIRCUMSTANCES
ARTICLE 27. The following are aggravating circumstances:
FUSTILE OR ABJECT REASONS
1st. The offender having acted for futile or heinous motives.
ALEVOSIA
2nd. Execute the deed with treachery.
There is treachery, when the crime is committed using means, manners or forms, which
tend directly or especially to ensure their execution, without risk arising from the
defense that the offended person might make; or when the latter, due to their personal conditions or
Due to circumstances in which he is, he cannot prevent, avoid the fact or defend himself.
PREMEDITATION
3rd. Act with known premeditation.
There is known premeditation, when it is shown that the external acts performed,
reveal that the idea of ​the crime arose in the mind of its perpetrator, sufficiently prior to
its execution, to organize, deliberate or plan it and that, in the time between
purpose and its realization, he prepared this one and executed it coolly and thoughtfully.

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SEVERELY DANGEROUS MEDIA
4th. Execute the act by means of explosives, harmful gases, flood, fire,
poisoning, narcotic, ship stranding, aviation accident, damage caused to
purpose, derailment, alteration of public order or by any other suitable means
to cause general havoc.
USE OF CALAMITY
5th. Take advantage of a cyclone to carry out the crime, whether it occurs or has occurred,
earthquake, flood, shipwreck, fire, derailment, traffic accident of
any kind, explosion, disturbance of public order or any other havoc or
public calamity.
ABUSE OF SUPERIORITY
6th. Abusing physical or mental superiority, or employing means that weaken the defense of
the victim.
DECEPTION
7th. Deliberately increasing the effects of crime, causing other unnecessary to
its realization or use means that add ignominy to the criminal action.
PREPARING FOR THE LEAK
8th. Carry out the act using a vehicle or any means, manner or form that ensures
the escape of the offender.
ARTICLE TO CARRY OUT THE CRIME
9th. Committing the crime using cunning, fraud, disguise or any other deception
sufficient to facilitate the execution of the crime or conceal the identity of the offender.
COOPERATION OF MINORS
10. Committing the crime using the participation or help of a minor.
PROFIT INTEREST
11. Committing the crime through price, reward or promise of remuneration.
AUTHORITY ABUSE
12. Prevail, the offender, of his public character or of the power inherent to the position,
trade, ministry or profession or commit it making use of functions that previously
would have had.
ASSISTANCE OF ARMED PEOPLE

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13. Carry out the crime with the help of armed people or people who ensure or
provide impunity.
GANG
14. Execute the crime in a gang.
There is a gang when more than three armed persons attend the commission of the crime.
NIGHTNIGHT AND UNPOPULATED
15. Carrying out the crime at night or in an unpopulated area, whether one chooses or takes advantage of a
other circumstances, depending on the nature and accidents of the event.
AUTHORITY LESS PRICE
16. Carrying out the crime with offense or contempt of the public authority or in the place where
that it is exercising its functions.
DRUNKENNESS
17. The offender gets drunk or intoxicated, deliberately to carry out the crime.
LESS PRICE OF THE OFFENDED
18. Carrying out the act with contempt for the advanced age or childhood of sex, of the
illness or the condition of physical disability or economic hardship of the offended,
according to the nature and accidents of the event.
LINK TO ANOTHER CRIME
19. Carrying out the crime to prepare, facilitate, consummate or conceal another crime, or to prevent
his discovery.
LESS PRICE OF THE PLACE
20. Carry out the crime in the home of the offended, when he has not caused the
event.
EASE OF FORECAST
21. In culpable crimes, having caused the harmful result in circumstances that
they made it highly probable or easily predictable.
USE OF ADVERTISING MEDIA
22. Execute the act by means of printing, engraving, pictures exposed to the public,
cinematograph, light projections, radiotelegraph, telephone, television or any
another medium of high diffusion.
RECIDIVISM

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23. That of being a repeat offender.
A repeat offender is a person who commits a new crime after being convicted, in
final judgment, for a previous crime committed in the country or abroad, there is
or not served the sentence.
Habit
24. That of being the habitual criminal offender.
A habitual offender will be declared a person who, having been convicted of more than two
previous crimes, committed by another or others, in Guatemala or outside of it, whether or not
served the penalties.
The habitual delinquent will be sanctioned with the double of the penalty.
CHAPTER III
OF THE COMMON PROVISIONS
SPECIAL AGGRAVANT OF RELATIVE APPLICATION
ARTICLE 28. The heads or agents in charge of public order, who commit
any crime against people or their property provided it is proven that in the
carrying it out, there was a serious abuse of authority and trust that the
State has granted them, the penalty corresponding to the crime committed will be imposed
increased by a quarter.
EXCLUSION OF AGGRAVATORS
ARTICLE 29. Those that by themselves
constitute a crime specially provided for by law, nor those that the law has expressed to the
typify it, or are in such a way inherent to the crime that, without their concurrence, no
could be committed.
INCOMUNICABLE CIRCUMSTANCES
ARTICLE 30. The mitigating or aggravating circumstances that consist of factors or
merely personal characteristics of the offender, or resulting from their relationships
individuals with the offended, do not communicate to the code criminals.
The mitigating or aggravating circumstances that result from the material execution of the
criminal act or the means used to carry it out, will only be appreciated with respect to
of those participants who had knowledge of them before or at the time of the
action.
MIXED CIRCUMSTANCES
ARTICLE 31. They may be appreciated as extenuating or aggravating circumstances,
According to the nature, motives or affections of the crime: Being the aggrieved spouse or
common law, or relative of the offender by consanguinity or affinity within the

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degrees of law; as well as the relationships of respect, friendship, gratitude, dependence and
hospitality that exist in the accused with respect to the offended.
In the event of an error in person, the circumstances will not be taken into account for the sanction
aggravating circumstances that come from the nature of the offended or from ties with it. The
concurrent mitigating circumstances if the crime was committed in person,
against who had proposed it, will be appreciated in favor of the person responsible.
LIMITATIONS ON RECURRENCE AND HABITUALITY
ARTICLE 32. There is no recidivism or habituality between intentional and negligent crimes,
between common and purely military crimes, between common and political crimes, between
crimes and misdemeanors. Regarding political crimes, it is optional for the judges to appreciate or not the
recidivism, taking into account the personal conditions of the person in charge and the circumstances
special events in which the act was committed.
CONSEQUENCES OF HABITUALITY
ARTICLE 33. In addition to applying the respective penalty, the habitual offender will be
subject to security measures.
PRESCRIPTION
ARTICLE 34. After ten years between the perpetration of one and the other crime, no
will take into account the previous conviction.
The time in which the offender remains private will not be counted in this term.
of liberty by preventive detention or by penalty.
TITLE V
CHAPTER I
OF PARTICIPATION IN CRIME
RESPONSIBLE
ARTICLE 35. The perpetrators and accomplices are criminally responsible for the crime.
Only the authors are responsible for faults.
AUTHORS
ARTICLE 36. The authors are:
1st. Those who take a direct part in the execution of the acts of the crime.
2nd. Those who directly force or induce another to execute it.
3rd. Those who cooperate in carrying out the crime, either in its preparation or in its
execution, with an act without which it could not have been committed.

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4th. Those who, having agreed with another or others for the execution of a crime, are
present at the time of its consummation.
PARTNERS IN CRIME
ARTICLE 37. They are accomplices:
1st. Those who encourage or encourage another in their resolution to commit the crime.
2nd. Those who promise their help or cooperation after the crime has been committed.
3rd. Those who provide reports or provide adequate means to carry out the
crime.
4th. Those who served as liaison or acted as intermediaries between the participants to
obtain their concurrence in the crime.
CRIMINAL LIABILITY OF LEGAL PERSONS
ARTICLE 38. Regarding legal persons, it will be held as responsible for the
crimes against directors, managers, executives, representatives, administrators,
officials or employees of them, who have intervened in the act and without whose
participation has not been carried out and they will be sanctioned with the same penalties
indicated in this Code for individual persons.
CRIME OF CROWD
ARTICLE 39. In the case of crimes committed by a crowd, the
the following provisions:
1st. If the purpose of the meeting was to commit certain crimes, they will respond as
authors all those who have materially participated in its execution, as well as those who
without having had material participation, they assume the character of directors.
2nd. If the purpose of the meeting was not to commit crimes and they were later committed by
impulse of the mob in tumult, will respond as accomplices all who
have participated materially in the execution and, as authors, those who have the
character of instigators, whether or not they had material participation in the execution of the
criminal acts.
The others will be exempt from penalty.
This last exemption does not cover the meeting itself, when it is foreseen in
the law, as a crime.
LIABILITY FOR OFFENSES OTHER THAN THOSE CONCERTED
ARTICLE 40. If the crime committed is more serious than the one arranged or of equal
seriousness, but of a different nature or complicated by other crimes, the participants
strangers to the fact, will answer for the crime arranged and committed, and only for the committed

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without concert, as soon as it could have been foreseen in accordance with the principles
general.
If the crime committed is less serious than the one agreed, it will be liable only for the
First.
TITLE VI
OF THE PENALTIES
CHAPTER I
MAIN PENALTIES
ARTICLE 41. The main penalties are: Death, prison, arrest and fine.
ACCESSORY PENALTIES
ARTICLE 42. The following are accessory penalties: Absolute disablement; special disqualification;
confiscation and loss of the objects or instruments of the crime; expulsion of foreigners from
National territory; payment of costs and procedural expenses; publication of the judgment and
all those that other laws indicate.
DEATH PENALTY
ARTICLE 43. The death penalty has an extraordinary character and may only be applied in
the cases expressly consigned in the law and will not be executed, but after
exhaustion of all legal remedies.
The death penalty may not be imposed:
1st. For political crimes.
2nd. When the conviction is based on presumptions.
3rd. To women.
4th. To men over seventy years of age.
5th. To persons whose extradition has been granted under that condition.
In these cases and provided that the death penalty is commuted to deprivation of
freedom, imprisonment will be applied to its maximum limit.
IMPRISONMENT
ARTICLE 44. The prison sentence consists of the deprivation of personal liberty and
It must be carried out in the penal centers designated for this purpose. Its duration is
extends from one month to fifty years.
To those sentenced to prison who observe good behavior for three quarters
of the conviction, they will be released on the understanding that if they commit a new crime

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During the time they are enjoying said privilege, they must comply with the rest of the
penalty and that corresponding to the new crime committed.
The reduction referred to in this article will not be applied when the inmate observes bad
conduct, commit a new crime or seriously violate the regulations of the center
criminal in which he serves his sentence.
ARREST PENALTY
ARTICLE 45. The arrest penalty consists of deprivation of personal liberty for up to
sixty days. It will be applied to those responsible for fouls and will be executed in places other than
those destined to the fulfillment of the prison sentence.
THE DEPRIVATION OF FREEDOM IN WOMEN
ARTICLE 46. Women shall serve the custodial sentences in
special establishments. When they do not have the necessary conditions to
attend to those who are pregnant or within forty days
following delivery, they will be referred to an appropriate health center, under custody, by the
time strictly necessary.
WORKING PRODUCT
ARTICLE 47. The inmates' work is compulsory and must be remunerated. The
Product of the remuneration will be unattachable and will apply:
1st. To repair and compensate the damages caused by the crime.
2nd. To the nutritional benefits to which he is obliged.
3rd. To contribute to the extraordinary expenses necessary to maintain or increase the
productive means that, as a source of work, benefit the inmate.
4th. To form his own fund that will be given to him when he is released.
JOB DETERMINATION
ARTICLE 48. The work must be compatible with sex, age, ability and
physical condition of the inmate. Prisoners older than
sixty years of age, those who have physical disabilities and those who suffer from
illness that makes work impossible or dangerous for them.
SURVIVING DISEASE
ARTICLE 49. If the accused or the defendant suffers from a disease that requires
special internment, his transfer to a suitable establishment must be ordered, in
where it will only remain the time necessary for its healing or relief. Is
This provision will not apply if the center has a suitable establishment.
The time of confinement will be computed for the execution of the sentence, except
simulation or fraud to achieve or prolong detention.

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COMMUTATION OF FREEDOM DEPRIVATION PENALTIES
ARTICLE 50. The following are switchable:
1st. Prison not exceeding five years. The switch will be regulated between a minimum of
five quetzals and a maximum of one hundred quetzals for each day attending the
circumstances of the fact and the economic conditions of the convicted person.
2nd. The arrest.
UNMISSABLE
ARTICLE 51. The commutation will not be granted:
1st. Repeat offenders and habitual offenders.
2nd. To those convicted of theft and robbery.
3rd. When other laws prescribe it.
4th. When the personal conditions of the prisoner are appreciated, the motives of his
conduct and the circumstances of the fact, it is established, in the judgment of the judge, its dangerousness
Social.
PENALTY FEE
ARTICLE 52. The penalty of a fine consists of the payment of an amount of money that the
judge will fix, within the legal limits.
DETERMINING THE AMOUNT OF THE FINE
ARTICLE 53. The fine is of a personal nature and will be determined in accordance with the
economic capacity of the inmate; your salary, your salary or income you receive; his aptitude for him
work, or production capacity; duly verified family responsibilities and the
other circumstances that indicate your financial situation.
FORM OF EXECUTION OF THE PENALTY
ARTICLE 54. The fine must be paid by the convicted person within a period not
greater than three days, counting from the date on which the sentence was executed.
Prior to the granting of real or personal surety, at the request of the convicted person, he may
to authorize the payment of the fine for periodic amortizations, the amount and dates of
payment will be indicated by the judge taking into account the financial conditions of the obligor;
In no case will the term in which the payments of the
Amortization.
CONVERSION

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ARTICLE 55. Those punished with a fine, who do not make it effective within the legal term, or
that do not comply with making the amortizations for their due payment, or were
insolvent, they will serve their sentence with deprivation of liberty, regulating the time, according to
the nature of the act and the personal conditions of the prisoner between five quetzales and
one hundred quetzals for each day.
ABSOLUTE DISABILITY
ARTICLE 56. Absolute disqualification comprises:
1st. The loss or suspension of political rights.
2nd. The loss of the job or public position that the convicted person held, even if it came from
popular choice.
3rd. The inability to obtain public positions, jobs and commissions.
4th. The deprivation of the right to choose and be elected.
5th. The inability to exercise parental authority and to be a guardian or guardian.
SPECIAL DISABLING
ARTICLE 57. The special disqualification will consist, as the case may be:
1st. In the imposition of one or more of the disqualifications established in the
different paragraphs of the preceding article.
2nd. In the prohibition of exercising a profession or activity whose exercise depends on a
authorization, license or rating.
SPECIAL DISABLING APPLICATION
ARTICLE 58. Together with the main penalty, the disqualification will be imposed.
especially, when the criminal act is committed with abuse of the exercise or with infraction
of the duties inherent to a profession or activity.
SUSPENSION OF POLITICAL RIGHTS
ARTICLE 59. The prison sentence carries with it the suspension of political rights,
during the time of the sentence, even if it is commuted, unless he obtains his
rehabilitation.
COMMISSION
ARTICLE 60. Confiscation consists of the loss, in favor of the State, of the objects that
come from a crime or misdemeanor, and from the instruments with which they were committed, unless
be that they belong to a third party not responsible for the fact. When the referred objects
are of prohibited use or are not of legal commerce, the confiscation will be agreed, although not
the existence of the crime or the guilt of the accused is declared.

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The confiscated objects of legal trade will be sold and the proceeds of the sale
It will increase the exclusive funds of the Judicial Organism.
PUBLICATION OF THE JUDGMENT
ARTICLE 61. The publication of the sentence is an accessory penalty to the main one
impose for crimes against honor.
At the request of the offended party or his heirs, the judge, at his prudent discretion, will order the
publication of the sentence in one or two newspapers of the largest circulation in the
Republic, at the expense of the convicted person or of the applicants alternatively, when it deems
that advertising can contribute to repair the moral damage caused by the crime.
In no case may the publication of the sentence be ordered when it affects minors
or to third parties.
CHAPTER II
OF THE APPLICATION OF PENALTIES
TO THE AUTHOR OF THE CONSUMED CRIME
ARTICLE 62. Except for special determination, any penalty indicated in the law for a
crime, it will be understood that it must be imposed on the perpetrator of the completed crime.
TO THE AUTHOR OF THE TENTATIVE AND THE ACCOMPLICE OF THE CRIME CONSUMED
ARTICLE 63. The author of the attempt and the accomplice of a consummated crime will be imposed
the penalty indicated in the law for the perpetrators of the consummated crime, reduced by a third
part.
TO THE ASSISTANT OF TENTATIVE
ARTICLE 64. To the accomplices of the attempt, the penalty that the law establishes will be imposed.
for the perpetrators of the completed crime, reduced by two-thirds.
PENALTY SETTING
ARTICLE 65. The judge or court shall determine, in the sentence, the corresponding penalty,
within the maximum and minimum established by law, for each crime, taking into account the
greater or lesser danger of the culprit, the personal history of the latter and of the
victim, the motive for the crime, the extent and intensity of the damage caused and the circumstances
mitigating and aggravating factors that concur in the fact appreciated both for their number
as by its entity or importance. The judge or court must expressly record the
extremes referred to in the preceding paragraph and which has been considered to be determining
to regulate the penalty.
INCREASE AND DECREASE OF LIMITS
ARTICLE 66. When the law provides that a penalty be increased or decreased by one
quota or determined fraction, the maximum and minimum will be increased in the proportion
corresponding, or it will be reduced in his case, thus being fixed the new penalty, within

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from whose limits its application will be graduated in accordance with the provisions of the article that
precedes.
MENTAL ILLNESS OF THE DETAINEE
ARTICLE 67. If the offender becomes mentally ill after pronouncing
sentence, its execution will be suspended, in terms of personal punishment. When recovering the
penalized his mental health will serve his sentence.
In the same way, it will proceed when mental illness occurs when the
convicted serving sentence.
COMPUTATION OF THE PENALTY
ARTICLE 68. The sentence will be computed from the date on which the defendant has been
detained, unless he has been released.
CHAPTER III
OF THE OFFENSES CONTEST
REAL CONTEST
ARTICLE 69. To the person responsible for two or more crimes, all penalties will be imposed.
corresponding to the infractions that he has committed in order for him to comply with them
successively, beginning with the most serious, but all the penalties of the
The same species may not exceed three times the longest duration, if all have the same
duration may not exceed three times the penalty.
This maximum, however, in no case may be higher:
1. Fifty years in prison.
2. A two hundred thousand quetzales fine.
IDEAL CONTEST
ARTICLE 70. In the event that a single act constitutes two or more crimes, or when
one of them is a necessary means of committing the other, only the penalty will be imposed
corresponding to the crime with the highest penalty, increased by up to one
third part.
The court will impose all the penalties that correspond to each of the infractions if
In his opinion, this would be more favorable to the defendant than the application of the previous rule.
In the case of the ideal competition for crimes punishable by imprisonment, crimes
punishable by imprisonment and a fine or of crimes punishable only by a fine, the judge, at his / her
prudent discretion and under its responsibility, will apply the respective sanctions in the form
that is more favorable to the inmate.
CONTINUING CRIME

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ARTICLE 71. It shall be understood that there is a continuing crime when several actions or
omissions are committed in the following circumstances:
1st. With the same purpose or criminal resolution.
2nd. With violation of norms that protect the same legal asset of the same or of
different person.
3rd. In the same or different place
4th. At the same or different time, taking advantage of the same situation.
5th. Of the same or different severity.
In this case, the penalty corresponding to the crime will be applied, increased by a third
part.
CHAPTER IV
OF THE CONDITIONAL SUSPENSION OF THE PENALTY
CONDITIONAL SUSPENSION
ARTICLE 72. When passing judgment, the courts may conditionally suspend the
execution of the sentence, suspension that may be granted, for a time not less than two
years or older than five, if the following requirements are met:
1st. That the penalty consists of deprivation of liberty that does not exceed three years.
2nd. That the beneficiary has not been previously convicted of a malicious crime.
3rd. That before the perpetration of the crime, the beneficiary has observed good
conduct and have been a constant worker.
4th. That the nature of the crime committed, its motives and circumstances, do not reveal
dangerousness in the agent and it can be presumed that he will not commit a crime again.
INMATE SUBJECTED TO SECURITY MEASURES
ARTICLE 73. The benefit established in the preceding article will not be granted,
when the sentence imposes, in addition to personal punishment, a measure of
security, except in the case of probation.
CIVIL LIABILITIES
ARTICLE 74. The conditional suspension of the sentence may be extended to the
accessory penalties, but will not exempt from civil obligations derived from the crime.
WARNINGS

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ARTICLE 75. The judge or court of the case must give a personal warning to the offender,
in relation to the nature of the benefit granted and the reasons that may
produce its revocation, which will be recorded by minutes in the file.
REVOCATION OF BENEFIT
ARTICLE 76. If, during the period of suspension of the execution of the sentence, the
beneficiary commits a new crime, the benefit granted will be revoked and the
suspended sentence plus that which corresponds to him for the new assignment. If during the
suspension of the sentence is discovered that the convict has a record for having
committed a malicious crime, will suffer the penalty that has been imposed.
EXTINCTION OF THE PENALTY
ARTICLE 77. After the fixed period has elapsed, without the convicted person having given reason to
revoke the suspension, the penalty shall be deemed to have expired.
CHAPTER V
OF PAROLE
COMPETENT AUTHORITY TO DECREE IT
ARTICLE 78. The Supreme Court of Justice has the power to grant freedom
conditional, prior information that will be processed before the Board of Prisons and
Released or the institution that takes their place.
TERMS
ARTICLE 79. The conditional release will be agreed in a resolution that will express the
conditions that are imposed on the favored person consisting of subjection to one or more
security measures.
PAROLE REGIME
ARTICLE 80. Conditional release may be granted to the offender who has served the most
half of the prison sentence that exceeds three years and does not exceed twelve; or there is
completed three-quarters of the sentence that exceeds twelve years and concur,
in addition the following circumstances:
1st. That the defendant has not been previously enforceable convicted of another crime
willful.
2nd. Have observed good conduct during their confinement, justified by facts
positive that show that you have acquired work habits, order and morality.
3rd. That he has restored the thing and repaired the damage in crimes against property and,
in other crimes, that he has satisfied, as far as possible, the civil liability at the discretion
of the Supreme Court of Justice.
DURATION AND REVOCATION OF THE PAROLE REGIME

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ARTICLE 81. The regime to which whoever obtains his conditional release will be subject,
it will last as long as you have to complete the sentence imposed.
If during that period you incur a new crime or violate security measures
imposed, the conditional release will be revoked and the part of the sentence that
has ceased to comply, without counting in the same, the time that has remained in
Liberty.
EXTINCTION OF THE PENALTY
ARTICLE 82. After the period of probation has elapsed, without the
beneficiary has given cause for the revocation, the penalty shall be deemed to have expired.
CHAPTER VI
OF JUDICIAL FORGIVENESS
CONDITIONS TO GRANT IT
ARTICLE 83. The judges have the power to grant, in sentence, judicial pardon,
provided that, in his opinion, the circumstances in which the crime was committed warrants it and is
meet the following requirements:
1st. That it is a primary offender.
2nd. That before the perpetration of the crime, the beneficiary had observed conduct
faultless and preserved during his prison.
3rd. That the motives of the crime and the personal circumstances of the agent do not reveal in
this social dangerousness and it can be presumed that he will not commit a crime again.
4th. That the penalty does not exceed one year in prison or consist of a fine.
TITLE VII
ABOUT SECURITY MEASURES
CHAPTER I
OF THE APPLICATION OF SECURITY MEASURES
PRINCIPLE OF LEGALITY
ARTICLE 84. Security measures will not be decreed without legal provision that
expressly establish, or outside the cases provided by law.
INDETERMINATION IN TIME
ARTICLE 85. The security measures will be applied indefinitely, except
express provision of the law to the contrary.
JURISDICTIONAL APPLICATION

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ARTICLE 86. The security measures provided for in this title may only be decreed
by the courts of justice in conviction or acquittal for crime or misdemeanor.
However, at any time they may amend or revoke their resolutions by
Regarding, if the dangerous state of the subject is modified or ceases. The courts may
decree the simultaneous application of compatible security measures.
DANGEROUS STATE
ARTICLE 87. Danger indexes are considered:
1st. The declaration of inimputability.
2nd. The interruption of the execution of the sentence for mental illness of the convicted person.
3rd. The statement of the habitual offender.
4th. The case of an impossible crime attempt, provided for in Article 15 of this Code.
5th. The usual loitering.
A lazy person is understood to be someone who, having the aptitude to perform remunerative work,
habitually idle, living off the work of others, or of
begging, or no known means of subsistence.
6th. The usual drunkenness.
7th. When the subject is a drug addict.
8th. The misconduct observed while serving the sentence.
9th. The exploitation or exercise of prostitution.
SECURITY MEASURES
ARTICLE 88. The applicable security measures are the following:
1st. Internment in a psychiatric establishment.
2nd. Internment in an agricultural farm, industrial center or other similar.
3rd. Internment in educational or special treatment establishment.
4th. Freedom supervised.
5th. Prohibition to reside in a specific place.
6th. Prohibition to go to certain places.
7th. Good conduct bond.

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SPECIAL HOSTING
ARTICLE 89. When an unimputable one of those included in subsection 2o. from the article
23, commits an act that the law qualifies as a crime, your admission will be ordered in a
psychiatric establishment, until by judicial resolution issued based on
expert opinions, the measure may be modified, or revoked if the status of
subject danger.
The provisions of this article shall also apply, in the case included in paragraph 2.
of article 87.
CURATIVE MEASURES
ARTICLE 90. The courts may order, after serving the sentence, if
I deem dangerous that the one included in the case provided for in paragraph 1. of article 26,
is admitted to an educational or special treatment establishment.
WORK REGIME
ARTICLE 91. The declared habitual delinquents will be subjected, according to the degree
of danger that demonstrate, to the work regime in agricultural farm, in center
industrial or analogous center. This hospitalization will be decreed when, once the sentence has been completed
imposed, it is considered that it has been ineffective with regard to the rehabilitation of the
offender.
DANGER BY IMPOSSIBLE ATTEMPT
ARTICLE 92. In the cases of Article 15, the subject will be submitted, according to their degree of
dangerousness, to a special work regime in any of the institutions mentioned in
subsection 3. of article 88.
VAGANCE HAZARD
ARTICLE 93. Lazy people who have committed a crime, as well as those sanctioned by
vagrancy, will be subjected to the regime of work in agricultural farm, industrial center or
another analogous, for a term not less than one year nor more than three.
HABITUAL DRUNK AND TOXICOMING HOSPITALITY
ARTICLE 94. When convicting a crime committed under the influence of alcohol or drugs
toxic or narcotic drugs and in any case, in which it is proven that the offender is
a habitual drug addict or drunkard, the corresponding court may order that before or
after the sentence has been served if it is deprivation of liberty or simultaneously with it,
if it is pecuniary, the subject is admitted to a special treatment facility,
until it is proven, after a medical opinion, that he can be subjected to another regimen,
as provided in paragraphs 4o., 5o. and 6th. of Article 88.
ESTABLISHMENT REPLACEMENT
ARTICLE 95. Where there is no adequate establishment, the internment measure,
Depending on its nature, it will be carried out in an annex or special section of another establishment.

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MODIFICATION OF MEASURES
ARTICLE 96. The measures of internment in a psychiatric establishment or in
educational establishment or special treatment, will cease by judicial resolution,
dictated based on medical and criminological reports, which demonstrate that the subject
may be subject to probation.
FREEDOM SUPERVISED
ARTICLE 97. The probation will not have custody character, but protection and
consists, for the mentally ill, drug addicts or habitual drunkards, in entrusting them to the
care of his family, under the immediate inspection of the Board of Prisons and Released
or the institution that takes its place, which will exercise it in the form and by the means that
deems appropriate.
In cases of conditional suspension of sentence and probation, the measure
of probation, will last the same time that is fixed for said regimes; in the
In other cases, it will last for the time specified by the court, without it being less than one year.
When applying this measure, the corresponding court shall prescribe the rules of
behavior designed to prevent further offenses.
PROHIBITION OF RESIDING IN CERTAIN PLACES
ARTICLE 98. The courts, at their prudent discretion and when required by the
circumstances, may impose on the subject that he has served a sentence or a measure of
security, the prohibition to reside in certain places for a year, such as
minimum.
PROHIBITION TO COME TO CERTAIN PLACES
ARTICLE 99. When a crime has been motivated by a vicious habit of its author or by
their dissolute customs or when the case requires it, the court may also impose
of the penalty, the prohibition to go to certain places.
CAUTION OF GOOD CONDUCT
ARTICLE 100. The guarantee of good conduct consists of the personal guarantee,
mortgage, pledge or deposit of an amount of money, loaned to the satisfaction of the
court and for the term indicated in the sentence, that the dangerous subject will not commit
new crimes and that he will comply with the rules of conduct that are imposed during
a trial period that will not be less than one year nor will it exceed five.
This measure will be applied in cases that the court deems appropriate.
The bond will be effective when the subject to it violates the rules of conduct
otherwise, at the end of its term, the refund of the sum will be ordered
deposited upon cancellation of the guarantee.
TITLE VIII

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OF THE EXTINCTION OF CRIMINAL LIABILITY AND PENALTY
TERMINATION OF CRIMINAL LIABILITY
ARTICLE 101. Criminal responsibility is extinguished:
1st. Due to the death of the accused or the convicted person.
2nd. For amnesty.
3rd. For the forgiveness of the offended, in cases where the law expressly allows it.
4th. By prescription.
5th. For compliance with the sentence.
EXTINCTION OF THE PENALTY
ARTICLE 102. The penalty is extinguished:
1st. For its fulfillment.
2nd. Due to the death of the inmate.
3rd. For amnesty.
4th. By pardon.
5th. For forgiveness of the offended, in the cases indicated by law.
6th. By prescription.
EXTINCTION BY DEATH
ARTICLE 103. The death of the person who has been convicted also extinguishes the penalty.
pecuniary imposed pending payment and all the criminal consequences of the
herself.
AMNESTY
ARTICLE 104. The amnesty completely extinguishes the penalty and all its effects.
PARDON
ARTICLE 105. The pardon only extinguishes the main penalty.
FORGIVENESS OF THE OFFENDED
ARTICLE 106. The pardon of the offended extinguishes the criminal responsibility and the penalty if already
It has been imposed, for crimes that can only be prosecuted through a complaint or complaint.

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In crimes committed against minors or the disabled, the court may reject the
effectiveness of the pardon granted by their representatives, ordering the
continuation of the process or the execution of the sentence, at the request or with intervention
of the Public Ministry.
PRESCRIPTION OF LIABILITY
ARTICLE 107. Criminal responsibility prescribes:
1st. At the age of twenty-five, when the death penalty corresponds.
2nd. For the course of a period equal to the maximum duration of the indicated penalty,
increased by a third, not being able to exceed said term of twenty years, nor
be less than three.
3rd. At five years of age, in crimes punishable by a fine.
4th. After six months, in the case of absences.
BEGINNING OF TERM
ARTICLE 108. The prescription of criminal responsibility will begin to count:
1st. For completed crimes, from the day of their consummation.
2nd. In the case of an attempt, from the day the execution was suspended.
3rd. For continuing crimes, from the day the last act was carried out.
4th. For permanent crimes, from the day their effects ceased.
5th. For conspiracy, proposition, provocation, instigation and induction,
when these are punishable, from the day the last act was executed.
INTERRUPTION
ARTICLE 109. The prescription of the criminal action is interrupted, from the beginning
process against the accused, running again the time of prescription from the
stop your prosecution for any circumstance.
It is also interrupted with respect to whoever commits another crime.
PENALTY PRESCRIPTION
ARTICLE 110. The penalties imposed by final judgment prescribe for the course of
a time double of the fixed penalty, without it being able to exceed thirty years.
This prescription will begin to run from the date the judgment becomes final, or
from the day of the breaking of the sentence.
INTERRUPTION

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ARTICLE 111. The prescription of the sentence is interrupted, the time being without effect
elapsed, due to the commission of a new crime, or because the defendant appears or is
been.
TITLE IX
OF CIVIL LIABILITY
RESPONSIBLE PERSONS
ARTICLE 112. Every person criminally responsible for a crime or misdemeanor is
also civilly.
SOLIDARITY OF OBLIGATIONS
ARTICLE 113. In the case of being two or more civilly responsible for a crime or
fault, the court will indicate the quota for which each one must respond.
However, the authors and accomplices will be jointly and severally liable among themselves and
They will respond subsidiarily for the corresponding quotas, not only to the insolvent
of their respective group, but also of the insolvent of the other. In both one and the
Otherwise, the right of whoever paid, to repeat against the others
for the fees corresponding to each one.
PROFIT SHARE
ARTICLE 114. Whoever has obtained any economic benefit from the effects of a
crime, even without having been a participant in its execution, will respond civilly up to the
as much in which it would have profited.
TRANSMISSION
ARTICLE 115. Civil liability derived from a crime or misdemeanor is transmitted to the
heirs of the person in charge; Likewise, the heirs of the injured party are transferred
action to make it effective.
CIVIL LIABILITY OF UNIMPUTABLES
ARTICLE 116. Those included in Article 23 shall respond with their assets for the
damages they cause. If they are insolvent, those who
have under their authority or legal guardianship, unless they demonstrate that they did not incur
carelessness or negligence in the vigilance of the person who committed the act.
CIVIL LIABILITY IN CASE OF STATE OF NECESSITY
ARTICLE 117. In the case of subsection 2o. of Article 24, civil liability is
will always declare and will be distributed among the people in whose favor the
wrong, in proportion to the benefit they have reported.
The courts will determine, at their prudent discretion, the proportional fee for which each
interested must respond.

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CIVIL LIABILITY IN CASE OF INCULPABILITY
ARTICLE 118. In the cases of subsection 1o. and 2nd. of Article 25, will respond
civilly those that would have produced fear or force.
EXTENSION OF CIVIL LIABILITY
ARTICLE 119. Civil liability includes:
1st. Restitution. 2nd. The repair of material or moral damages. 3rd. The
compensation for damages.
THE RESTITUTION
ARTICLE 120. The restitution must be made of the same thing, provided that it is
possible, with payment of deterioration or impairment in the opinion of the court and although the
found in the power of a third party who has legally acquired it, except for their right to
repeat against whoever corresponds. This last provision is not applicable when the thing
is irrevocable from the power of the third party, for having acquired it in the form and with the
conditions established by civil laws.
REPAIR OF PROPERTY DAMAGE
ARTICLE 121. The repair will be made evaluating the entity of the material damage, attended
the price of the thing and the affliction of the injured party, if it is stated or can be appreciated.
REFERRAL TO CIVIL LAWS
ARTICLE 122. Regarding what is not provided for in this title, the provisions
that on the matter contain the Civil Code and the Civil and Commercial Procedural Code.
BOOK TWO
SPECIAL PART
TITLE I
OF CRIMES AGAINST THE LIFE AND INTEGRITY OF THE PERSON
CHAPTER I
OF THE SIMPLE HOMICIDE
HOMICIDE
ARTICLE 123. Anyone who kills any person commits murder.
The murderer shall be imprisoned for 15 to 40 years.
HOMICIDE COMMITTED IN A STATE OF VIOLENT EMOTION

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ARTICLE 124. Whoever kills in a state of violent emotion will be imposed prison of
two to eight years.
HOMICIDE IN TUMULTUARY KIDNEY
ARTICLE 125. When several quarreling and attacking each other, confused and
tumultuously, it has resulted in the death of one or more persons and their
author, but if those who have caused serious injuries, they will be imposed prison of
six to twelve years.
Not stating who or who caused the injuries, it will be imposed on all participants
prison from two to six years.
PRETERINTENTIONAL HOMICIDE
ARTICLE 126. Whoever commits pre-intentional homicide will be punished with
prison from two to ten years.
CULPABLE HOMICIDE
ARTICLE 127. The perpetrator of culpable homicide will be punished with imprisonment from two to
five years. When the fact causes, in addition, injuries to other people or the
death of several the sanction will be from three to eight years in prison.
If the wrongful crime was committed while driving a vehicle while intoxicated or under
effect of drugs or drugs that affect the personality of the driver or in a situation that
impairs or reduces their mental, volitional or physical capacity, will be imposed on the person responsible
double the penalty that would correspond in the absence of these circumstances.
If the fact is caused by a collective transport pilot, the respective penalty will be
it will increase by one third.
INDUCTION OR ASSISTANCE TO SUICIDE
ARTICLE 128. Whoever induces another to suicide or will give him help to commit it, if
Should death occur, he will be imprisoned from five to fifteen years.
If suicide does not occur, but its attempt produces injuries of those included in the
Articles 146 and 147 of this Code, the prison sentence will be from six months to three years.
INFANTICIDE
ARTICLE 129. The mother who, driven by reasons closely linked to her state,
that produce undoubted psychic alteration, I will kill your child during its birth or
before it has completed three days, it will be punished with imprisonment from two to eight years.
ASSUMPTION OF DEATH
ARTICLE 130. Whoever maliciously pretends to be dead or knowing the
existence of a process instructed on the occasion or on the occasion of his death, no
manifest, he will be punished with imprisonment from one to five years.

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CHAPTER II
OF THE QUALIFIED HOMICIDES
PARRICIDE
ARTICLE 131. Whoever knowing the bond, will kill any ascendant or
descendant, his spouse or the person with whom he makes a marital life, will be punished
as a parricide with a prison term of 25 to 50 years. The death penalty will be imposed instead of
maximum imprisonment, if due to the circumstances of the act, the way in which it was carried out and the
determining motives, a greater and particular danger will be revealed in the agent.
Those who do not receive the death penalty for this crime, may not be granted
reduction of penalty for any reason.
MURDER
ARTICLE 132. Whoever kills a person commits murder:
1) With treachery
2) By price, reward, promise, profit motive
3) By means of or on the occasion of flood, fire, poison, explosion,
collapse, building collapse or other device that can cause great havoc
4) With known premeditation
5) With cruelty
6) With impulse of brutal perversity
7) To prepare, facilitate, consummate and conceal another crime or to ensure its results or
immunity for themselves or for partners or for not having obtained the result
would have proposed when trying the other punishable act
8) For terrorist purposes or in the development of terrorist activities
The prisoner of murder will be imprisoned from 25 to 50 years, however the
death penalty instead of the maximum prison term, if due to the circumstances of the act and the
occasion, the way to do it and the determining motives, will reveal a greater
particular dangerousness of the agent.
Those who do not receive the death penalty for this crime, may not be granted
reduction of penalty for any reason.
CHAPTER III
ABORTION
CONCEPT

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ARTICLE 133. Abortion is the death of the product of conception in any
moment of pregnancy.
ABORTION ATTEMPTED
ARTICLE 134. The woman who causes her abortion or consents that another person
cause, will be punished with imprisonment from one to three years. If I did it driven by
reasons that, closely linked to his state, produce undoubted psychic alteration,
the penalty will be from six months to two years in prison.
ABORTION WITH OR WITHOUT CONSENT
ARTICLE 135. Who, on purpose, causes an abortion, will be sanctioned:
1st. With imprisonment of one to three years, if the woman consents.
2nd. With imprisonment of three to six years, if he acts without the consent of the woman.
If violence, threat or deception has been used, the penalty will be four to eight
years in prison.
QUALIFIED ABORTION
ARTICLE 136. If as a result of consensual abortion or abortive maneuvers
consented, the death of the woman will result, the person responsible will be punished with prison
from three to eight years. In the case of abortion or abortive maneuvers carried out without
consent of the woman and if her death occurs, the person responsible will be
sanctioned with imprisonment from four to twelve years.
THERAPEUTIC ABORTION
ARTICLE 137. Abortion performed by a doctor is not punishable, with the consent
of the woman, after a favorable diagnosis from at least one other doctor; if it was done without the
intention to directly procure the death of the product of conception and with the sole
in order to avoid a danger, duly established, to the life of the mother, after
exhausted all scientific and technical means.
PRETERINTENTIONAL ABORTION
ARTICLE 138. Whoever, through acts of violence, causes abortion, without the purpose of
cause it, but confirming the state of pregnancy of the offended, will be sanctioned with
prison from one to three years. If the acts of violence consist of injuries to which
If a greater sanction corresponds, it will be applied increased by one third.
Attempt and guilty abortion
ARTICLE 139. The woman's attempt to cause her own abortion and wrongful abortion
own, go unpunished.
The wrongful abortion verified by another person, will be sanctioned with imprisonment from one to three
years, provided that such person has prior knowledge of the pregnancy.

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SPECIFIC AGGRAVATION
ARTICLE 140. The doctor who, abusing his profession, causes the abortion or cooperates
in it, he will be sanctioned with the penalties indicated in Article 135, with a fine of
five hundred to three thousand quetzals, with disqualification for the exercise of their profession of two
to five years.
The same sanctions will be applied, where appropriate, to practitioners or people with a degree
health, without prejudice to what is related to the concurrence of crimes.
CHAPTER IV
AGGRESSION AND FIREARM SHOOTING
AGGRESSION
ARTICLE 141. Whoever attacks another, except in cases of quarrel or fight between
two, already ramming him with weapons or throwing any object capable of causing injury,
It will be sanctioned with a fine of ten to two hundred quetzals. If as a result of
event will cause injury, will only be sanctioned for it.
FIREARM SHOOTING
ARTICLE 142. Whoever, on purpose, shoots a firearm at another, even if it causes
slight injury, will be punished with prison of one to two years. If as a result of the shot
serious or very serious injury or death is caused, only the
penalty for these crimes corresponds. In case of minor injury, for the application of the
penalty, the provisions of Article 70 of this Code will be addressed.
NOT APPLICABILITY
ARTICLE 143. The provisions of the two previous articles are not applicable when
the necessary circumstances concur to constitute an attempted crime that has
designated major penalty.
CHAPTER V
OF INJURIES
CONCEPT
ARTICLE 144. He commits the crime of injury who, without intention to kill, causes another
damage to the body or mind.
SPECIFIC INJURIES
ARTICLE 145. Whoever, on purpose castrates or sterilizes, blinds or mutilates another
person, will be punished with imprisonment from five to twelve years.
VERY SERIOUS INJURIES

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ARTICLE 146. Whoever causes another very serious injury, will be punished with imprisonment of
three to ten years.
It is a very serious injury that produces any of the following results:
1st. Certain or probably incurable mental or bodily illness.
2nd. Permanent uselessness for work.
3rd. Loss of a main member or of their use of the floor.
4th. Loss of an organ or a sense.
5th. Inability to father or conceive.
SERIOUS INJURIES
ARTICLE 147. Whoever causes another serious injury, will be punished with imprisonment from two to
eight years.
It is a serious injury that produces any of the following results:
1st. Permanent impairment of the function of an organ, a principal member or a
sense.
2nd. Permanent abnormality of the use of the word.
3rd. Inability to work for more than a month.
4th. Permanent deformation of the face.
MINOR INJURIES
ARTICLE 148. Whoever causes another minor injury, will be punished with imprisonment of six
months to three years.
A slight injury is the one that produces any of the following results in the offended person:
1st. Illness or incapacity for work for more than ten days, not to exceed
thirty.
2nd. Loss and disablement of a non-primary member.
3rd. Visible and permanent scar on the face.
KIDNEY INJURY
ARTICLE 149. When injuries are caused in a tumultuous fight, without being able to
determine the author or authors of the same, the corresponding penalty will be applied
injuries, reduced by a third, to those who have exercised some violence in the
offended person.

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GUILTY INJURIES
ARTICLE 150. Whoever causes injuries through fault, even when there are several victims
of the same fact, he will be punished with imprisonment from three months to two years.
If the negligent crime of injuries was executed while driving a vehicle in a state of
drunk or under the influence of drugs or drugs that affect the personality of the driver or
in a situation that impairs or reduces their mental, volitional or physical capacity, it will be imposed
the person responsible, in addition, a fine of three hundred to three thousand quetzals.
If the fact is caused by a collective transport pilot, the respective penalty will be
it will increase by one third.
VENEREAL CONTAGE
ARTICLE 151. Whoever, knowing that he suffers from venereal disease, exposes
another contagion will be sanctioned with a fine of fifty to three hundred quetzals.
If contagion occurs, in addition, he will be imprisoned from two months to one year.
This crime is only prosecutable at the request of a party.
CHAPTER VI
OF THE SPORTS CRIME
CRIME OF DOLO OR GUILT
ARTICLE 152. Who, taking advantage of their participation in the exercise of any
sport, cause, of purpose and with violation of the rules or indications
corresponding damages, a harmful result, will be responsible for the resulting event and will incur
in the sanctions indicated in this Code for each case.
If the harmful result is caused without purpose but with violation of the rules or
respective indications, the person in charge will be sanctioned by way of fault.
EXEMPTS
ARTICLE 153. Who, in violent sports duly authorized by the authority,
whose purpose is the personal attack, without infringement of the rules or
respective indications, I will cause injury to his opponent, he does not incur
criminal responsibility.
Nor does he incur criminal liability who, in the exercise of a sport duly
authorized, without violation of the rules or indications of the case and without purpose, will cause a
harmful result.
CHAPTER VII
OF THE EXPOSURE OF PEOPLE TO DANGER
ABANDONMENT OF CHILDREN AND HANDICAPPED PEOPLE

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ARTICLE 154. Whoever abandons a child under ten years of age or a person
unable to fend for herself, who is in her care or custody, will be
sanctioned with imprisonment from six months to three years.
If as a result of the abandonment the death of the abandoned occurs, the sanction will be of
three to ten years in prison. If only his or her life had been endangered or
have caused injuries, the penalty will be from three months to five years in prison.
ABANDONMENT DUE TO AFFECTIVE STATUS.
ARTICLE 155. The mother who, driven by reasons that are closely linked to her
state, produce undoubted psychic alteration, I will abandon the child who has not
After three days of birth, he will be punished with imprisonment from four months to two years.
If the death of the child results as a result of the abandonment, the sanction will be one to
four years in prison.
AUXILIARY OMISSION
ARTICLE 156. Who, finding lost or helpless a minor under ten years; to
an injured, invalid or threatened person of imminent danger, fails to provide the
necessary assistance, according to the circumstances, when it can be done without personal risk,
It will be sanctioned with a fine of twenty-five to two hundred quetzals.
CHAPTER VIII
OF CRIMES AGAINST TRAFFIC SAFETY
DRIVER LIABILITY
ARTICLE 157. It will be sanctioned with a fine of fifty to one thousand quetzals and deprivation
of the driver's license from three months to three years:
1st. Anyone who drives a motor vehicle under the influence of alcoholic beverages or
fermented, drugs, toxic drugs or narcotics.
2nd. Whoever drives a motor vehicle with manifest recklessness or inexperience or in
reckless or negligent way, endangering people's lives, their
integrity or property, or causing public unrest or distress.
In the event of a repeat offense, the penalties in this article will be doubled.
If, as a consequence of the irregular conduct, injury or damage results, anyone who
Whatever its severity, the courts will apply only the most seriously criminal offense
sanctioned.
RESPONSIBILITY OF OTHER PEOPLE
ARTICLE 158. They will be sanctioned with a fine of twenty-five to five hundred quetzals and
imprisonment of two to six months, those who put in grave and imminent risk or danger the
movement of vehicles in any of the following ways:

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Altering traffic safety by placing unpredictable obstacles,
spillage of slippery or flammable substances, mutation or destruction, total or
part of the signaling or by any other means, or by not restoring the notices or
road safety indicators, when due to necessary circumstances they should have been
interrupted or removed.
TITLE II

OF CRIMES AGAINST HONOR
CHAPTER I
OF CALUMNIA, INJURY AND DEFAMATION
SLANDER
ARTICLE 159. The false accusation of a crime that gives rise to
ex officio procedure.
The person responsible for slander will be punished with imprisonment from four months to two years and
fine of fifty to two hundred quetzals.
TRUTH OF THE IMPUTATION
ARTICLE 160. In the case of the previous article, the accused of slander will be exempt
of all criminal responsibility proving the veracity of the accusation.
INSULT
ARTICLE 161. Any expression or action executed in disgrace, discredit or
disparagement of another person.
The person responsible for the injury will be punished with imprisonment from two months to one year.
TRUTH TEST EXCLUSION
ARTICLE 162. The accused of injury will not be admitted proof of the truth of the
imputation.
INJURIES CAUSED OR RECIPROCAL
ARTICLE 163. When the insults are provoked or reciprocal, the court may,
depending on the circumstances, exempt the two parties or one of the
they.
DEFAMATION
ARTICLE 164. There is a crime of defamation, when the accusations constituting
slander or insult are made in a manner or by means of dissemination that may cause
hatred or credit, or that undermine the honor, dignity or decorum of the offended, before the
society.

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The person responsible for defamation will be punished with a prison term of two to five years.
PUBLICATION OF OFFENSES
ARTICLE 165. Whoever, knowingly reproduces by any means, insults or
slander inferred by another, will be sanctioned as the author of the same from two to five
years.
Exceptions
ARTICLE 166. It does not incur the crime of slander, injury or defamation, provided that it does not
has acted out of interest or with the intention of harming:
1st. Whoever technically expresses his opinion on a literary production,
artistic or scientific.
2nd. Who, by reason of commitment, will express his judgment on the capacity, instruction,
aptitude or conduct of another person.
CHAPTER II
OF THE COMMON PROVISIONS
COMMISSION MODES
ARTICLE 167. The crime of slander, libel or defamation is committed, not only
manifestly, but also by allegories, drawings, caricatures, photographs, emblems,
allusions or any other means similar to the above.
CESSATION OF PROCEDURE
ARTICLE 168. The processing of the process for slander, insults or defamation will cease:
1st. If the accused publicly retracts before answering the complaint or on the spot
to do so and the offended will accept the retraction.
2nd. If, in the case of covert or misleading slander or insult, the accused says
satisfactory explanations before answering the complaint or at the time of doing so.
This provision is not applicable when the imputation has been directed against a
civil servant.
REGIME OF ACTION
ARTICLE 169. They can only be prosecuted by accusation of the aggrieved party, the
crimes of slander, libel or defamation, except when the offense is directed against
official, public authority or State institutions.
For this purpose, the heads of State or representatives are also considered to be the authority.
diplomats from friendly or allied nations and other people who, according to the rules
of International Law, must be understood in this provision. In this case, only
may proceed to excitativo of the Public Ministry.

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JUDICIAL AUTHORIZATION
ARTICLE 170. No one may deduct an action of slander or injury caused in court, without
prior authorization of the judge or court that he knows.
OFFENSE TO THE MEMORY OF A DECEASED
ARTICLE 171. When the memory of a deceased is offended, the action for slander,
injury or defamation corresponds to the spouse, any of the ascendants,
descendants, siblings of the deceased or the heir of the same.
EXTINCTION OF THE PENALTY
ARTICLE 172. The pardon of the offended party extinguishes the criminal responsibility or the
Penalty in the crimes of slander, insult and defamation against individuals.
TITLE III
OF CRIMES AGAINST SEXUAL FREEDOM AND SAFETY AND AGAINST
MODESTY
CHAPTER I
OF THE VIOLATION
VIOLATION
ARTICLE 173. Whoever lies, with a wife, in any of the
following cases:
1st. Using enough violence to achieve his purpose.
2nd. Taking advantage of the circumstances, caused or not by the agent, of finding the
woman deprived of reason or sense or incapable of resisting.
3rd. In any case, if the woman is under twelve years of age.
In prescribed cases, the penalty to be imposed will be from six to twelve years.
AGGRAVATION OF THE PENALTY
ARTICLE 174. The penalty to be imposed will be from eight to twenty years in prison in the
following cases:
1st. When two or more people concur in the execution of the crime.
2nd. When the perpetrator is a relative of the victim, within the degrees of law, or in charge
of their education, custody or guardianship.
3rd. When, as a consequence of the crime, serious damage occurs to the victim.
QUALIFIED VIOLATION

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ARTICLE 175. If, due to or as a consequence of the violation, the death of the
offended, imprisonment of 30 to 50 years will be imposed.
The death penalty will be imposed if the victim has not reached the age of 10.
CHAPTER II
OF THE STUPRO
STUPRO THROUGH INEXPERIENCE OR TRUST
ARTICLE 176. Carnal access with an honest woman, over twelve years old and under
fourteen, taking advantage of his inexperience or obtaining his confidence, will be sanctioned with
prison from one to two years.
If the age of the victim is between fourteen and eighteen years, the
The penalty to be imposed will be from six months to one year.
STUPRO BY DECEPTION
ARTICLE 177. Carnal access with an honest woman, a minor, intervening
Deception or false promise of marriage, will be punished with imprisonment from one to two
years, if the victim's age is between twelve and fourteen and with
imprisonment from six months to a year if the victim is over fourteen years of age.
AGGRAVATED STUPRO
ARTICLE 178. When the author is a relative, within the degrees of law, of the
stupid or in charge of their education, custody or guardianship, the sanctions indicated in
the previous articles will be increased by two thirds.
CHAPTER III
OF DISHONEST ABUSES
VIOLENT DISHONEST ABUSE
ARTICLE 179. Whoever, using the media or making use of
the conditions indicated in articles 173, 174 and 175 of this Code, carried out in
person of the same or different sex, sexual acts other than carnal access.
The dishonest abuses referred to in this article will be sanctioned as follows:
1. If the circumstances provided for in article 173 of this same body of law occur,
with prison of six to twelve years.
2. If the circumstances prescribed in article 174 below concur, with imprisonment of
eight to twenty years.
3. If the circumstances provided for in article 175 concur, with imprisonment from twenty to
thirty years.

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DISHONEST ABUSES AGGRAVATED
ARTICLE 180. Dishonest abuses committed in person of either sex
over twelve years of age and under eighteen, in the circumstances referred to in the
Articles 176 and 177 of this Code, will be sanctioned, respectively
1. With prison of two to four years
2. With prison of one to two years
In those of article 178
1. With prison of four to six years
2. With prison of two to four years.
If the dishonest abuses were committed on a person under the age of twelve and over
ten, the previous penalties will be increased by one third, and by two thirds,
if the victim is less than ten years old.
CHAPTER IV
OF THE RAPTURE
OWN RAPTURE
ARTICLE 181. Whoever, for sexual purposes abducts or retains a woman, without
his will or using violence or deception, he will be punished with imprisonment from two to five
years.
IMPROPER RAPTURE
ARTICLE 182. Whoever abducts or retains a woman over twelve years of age and under
sixteen, for sexual purposes, marriage or cohabitation, with their
consent will be punished with imprisonment from six months to one year.
RAPTURE SPECIFICALLY AGGRAVATED
ARTICLE 183. In any case, the sanction will be from four to ten years in prison in
proportion to the age of the abducted, if it is less than twelve years.
DISAPPEARANCE OR DEATH OF THE RAPTADA
ARTICLE 184. In case of disappearance of the abducted, if the abductors do not prove the
whereabouts of the victim or that his death or disappearance was due to causes other than the abduction,
They will be punished with imprisonment from six to twelve years.
However, if the disappeared person is found, by virtue of an appeal for
review, the penalty will be reduced accordingly.
PRESUMPTION

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ARTICLE 185. All abduction is presumed to have been carried out for sexual purposes, while not
the contrary is proven or the circumstances of the fact reveal it, in an obvious way.
COMPETITION
ARTICLE 186. If carnal access has been made with the abducted, the sanction will be
established in accordance with the provisions of Article 70 of this Code.
MALICIOUS HIDING OR DISAPPEARANCE OF RAPTADA
ARTICLE 187. The concealment or malicious disappearance of the abducted woman made by her
itself, by a third party or by mutual agreement, will be sanctioned with imprisonment from one to
five years.
CHAPTER V
OF THE CORRUPTION OF MINORS
CORRUPTION OF MINORS
ARTICLE 188. Whoever, in any way, promotes, facilitates or favors the
prostitution or sexual corruption of a minor, even if the victim consents to
participating in sexual acts or watching them perform, will be punished with imprisonment from two to
six years.
AGGRAVATED CORRUPTION
ARTICLE 189. The penalty indicated in the previous article will be increased by two thirds.
parties, when any of the following circumstances occur:
1st. If the offended person is less than twelve years old.
2nd. If the act was carried out for profit or to satisfy wishes of
third.
3rd. When deception, violence or abuse of authority mediates its execution.
4th. If the corruption is carried out through perverse, premature or sexual acts
excessive.
5th. If the author is an ascendant, brother, tutor or person in charge of education, guardian or
custody of the victim.
6th. When the events referred to in the previous article were carried out with
habituality.
INDUCTION BY PROMISE OR PACT
ARTICLE 190. Who, by promise or pact, even with the appearance of lawful,
induces or gives rise to prostitution or sexual corruption of minors, it will be
sanctioned with imprisonment from one to three years.

Page 43

The same penalty shall be incurred by whoever, for any reason or pretext, helps or supports the
continuation in prostitution or in sexual corruption or the stay of a minor,
in the respective houses or places.
CHAPTER VI
OF CRIMES AGAINST SHOW
PROCURING
ARTICLE 191. Whoever, for profit or to satisfy the wishes of others, promotes,
Facilitate or favor prostitution, without distinction of sex, will be sanctioned with a fine
from five hundred to two thousand quetzals.
Who, for their own benefit, carries out the activities referred to in the previous paragraph,
It will be sanctioned with a fine of three hundred to one thousand quetzals.
AGGRAVATED PROXENETISM.
ARTICLE 192. The penalties indicated in the previous article will be increased by one
third party, in the following cases:
1st. If the victim is a minor.
2nd. If the author is a relative, within the degrees of law, guardian or person in charge of the
education, custody or guardianship of the victim.
3rd. When violence, deception or abuse of authority mediates.
RUFIANERÍA
ARTICLE 193. Who, without being included in the previous articles of the present
chapter, live, in whole or in part, at the expense of the person or persons who exercise the
prostitution or the profits from that trade, will be sanctioned with a fine
from five hundred to three thousand quetzals
TRAFFICKING IN PEOPLE
ARTICLE 194. Whoever, in any way, promotes, facilitates or favors the
entry or exit of the country of women to practice prostitution, will be sanctioned with
imprisonment from one to three years and with a fine of five hundred to three thousand quetzals.
The person who carries out the activities referred to in the paragraph shall incur the same penalty.
anterior, with males.
The penalty will be increased by two thirds if any of the
circumstances referred to in Article 189 of this Code.
OBSCENE EXHIBITIONS

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ARTICLE 195. Whoever, in a public or open place or exposed to the public, executes or
He causes obscene acts to be carried out, he will be sanctioned with a fine of two hundred to two thousand
quetzals.
OBSCENE PUBLICATIONS AND SHOWS
ARTICLE 196. Whoever publishes, makes or reproduces: Books, writings, images or
obscene objects, as well as whoever exhibits, distributes or circulates them, will be
sanctioned with a fine of three hundred to five thousand quetzals.
The same penalty will be applied to whoever gives or participates in obscene shows of
theater, cinematograph, television or perform radio broadcasts of that genre.
CHAPTER VII
OF THE COMMON PROVISIONS
OF CRIMINAL ACTION
ARTICLE 197. The crimes included in the previous chapters I, II, III and IV, will be
prosecutable only by complaint of the victim, their parents, grandparents,
siblings tutors or protutores or, where appropriate, the Public Ministry, even if they do not formalize
accusation.
However, they will be prosecuted by public action:
1st. If the aggrieved person lacks due to his age or for any other circumstance,
capacity to accuse, does not have a legal representative or is not in custody or
guard.
2nd. If the crime is committed by the father, the mother, the guardian or the person in charge, by
law or fact, of the custody or custody of the offended.
3rd. In the event of rape or violent dishonest abuse, if the victim is under the age of
fifteen years or will be, at the time of the fact, in a situation of mental disorder.
ACCESSORY PENALTIES
ARTICLE 198. Those responsible for the crimes referred to in articles 173,
174, 175, 178, 179, 181, 183, 188, 189, 191, 192, 193, 194, 195 and 196 preceding
In accordance with the provisions of Article 58 of this same Code, the
Special disqualifications contained in subsections 2o., 3o. and 4th. of Article 56 of this
same body of law.
PENALTIES FOR ACCOMPLICES
ARTICLE 199. The ascendants, tutors, protutores, executors, teachers or anyone
another person who, with abuse of authority or trust, cooperates as accomplices to the
perpetration of the crimes of rape, rape, dishonest abuse, kidnapping, corruption
of minors or crimes against modesty, will be punished with the corresponding penalties
to the authors.

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MARRIAGE OF THE OFFENDED WITH THE OFFENDER
ARTICLE 200. In the crimes included in the previous chapters I, II, III and IV, the
criminal liability of the active subject or the penalty, where appropriate, will be extinguished by the
legitimate marriage of the victim with the offender, provided that the former is greater than
twelve years and, in any case, with the prior approval of the Public Ministry.
TITLE IV
OF CRIMES AGAINST THE FREEDOM AND SAFETY OF THE PERSON
CHAPTER I
OF CRIMES AGAINST INDIVIDUAL FREEDOM
PLAGIARISM OR KIDNAPPING
ARTICLE 201. To the material or intellectual authors of the crime of plagiarism or kidnapping
of one or more persons with the purpose of obtaining rescue, exchange of persons or the taking of
any decision contrary to the will of the kidnapped or for any other purpose
similar or equal, the death penalty will be applied and when it cannot be imposed,
a prison term of twenty-five to fifty years will apply. In this case, no
extenuating circumstance.
The accomplices or accessories will be punished with a penalty of twenty to forty years of
prison.
Those who are sentenced to prison for the crime of plagiarism or kidnapping, may not
be granted reduced sentences for any reason.
ARTICLE 201 BIS. Commits the crime of torture, who by order or with the authorization, the
support or acquiescence of State authorities, intentionally inflicts on a person
severe pain or suffering, whether physical or mental in order to obtain from it or
of a third party, information or confession, for an act that has been committed or is suspected of
has committed, or seeks to intimidate a person or, by that means, other people.
Likewise, members of the group or organized gangs commit the crime of torture.
terrorist, insurgent, subversive or any other criminal purposes.
The perpetrator or perpetrators of the crime of torture will also be tried for the crime of kidnapping.
The consequences of acts carried out by authority are not considered torture
competent in the legitimate exercise of their duty and in the safeguarding of public order.
The person or persons responsible for the crime of torture will be punished with a prison term of 25 to
thirty years.
FORCED DISAPPEARANCE
ARTICLE 201 TER. Commits the crime of enforced disappearance who, by order, with the
authorization or support of State authorities, deprive in any way of freedom to
one or more persons, for political reasons, concealing their whereabouts, refusing to reveal
their fate or acknowledge their arrest, as well as the public official or employee,

Page 46

whether or not it belongs to the State security forces, which orders, authorizes, supports or
the acquiescence for such actions.
The crime of forced disappearance constitutes the deprivation of liberty of one or more
people, even if there is no political motive, when it is committed by elements of the
State security bodies, while in office, when they act
arbitrarily or with abuse or excessive force. Likewise, they commit the crime of
forced disappearance, members or members of groups or gangs organized with
terrorist, insurgent, subversive or other criminal purposes, when
commit plagiarism or kidnapping, participating as members or collaborators of said
groups or bands.
The crime is considered permanent as long as the victim is not released.
The prisoner of forced disappearance will be punished with a prison term of twenty-five to forty
years. The death penalty will be imposed instead of the maximum prison term, when due to
or occasion of forced disappearance, the victim will be seriously injured or
very serious, permanent psychic or psychological trauma or death. "
SUBMISSION TO BONDAGE
ARTICLE 202. Whoever will reduce to one
person to servitude or other analogous condition and to those who keep it in it.
ILLEGAL DETENTIONS
ARTICLE 203. The person who locks up or detains another, depriving him of his freedom,
will be punished with imprisonment from one to three years. The same sanction shall be imposed on who
I will provide a place for the execution of this crime.
SPECIFIC AGGRAVENTS
ARTICLE 204. The penalties indicated in the previous articles will be increased by one
third party, if any of the following circumstances concur:
1st. If the kidnapping or plagiarism, confinement or detention, it will last more than ten days.
2nd. If in the execution of the crime there is a threat of death, cruel or infamous treatment for
the offended person.
3rd. If the crime is committed by more than two people.
4th. If the will of the victim is weakened or annulled, on purpose, by any
half.
5th. If in the cases included in articles 201 and 203 the action has been
executed with simulation of authority.
6th. If the victim, as a result of the fact, is mentally affected, temporarily or
definitively.

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ILLEGAL SEIZURE.
ARTICLE 205. The individual who, outside of the cases permitted by law, apprehends
to a person to present it to the authority, will be sanctioned with a fine of fifty to
two hundred quetzals.
CHAPTER II
OF THE SEIZURE OF DWELLING
SEIZURE
ARTICLE 206. The individual who, without authorization or against the express or tacit will
of the inhabitant, clandestinely or with deception, will enter someone else's dwelling or their
dependencies or remain in it, will be punished with imprisonment from three months to two
years.
SPECIFIC AGGRAVATION
ARTICLE 207. If the events described in the previous article are executed with
simulation of authority, with weapons, with violence or by more than two people, the sanction
It will be two to four years in prison.
Exceptions
ARTICLE 208. The provisions of Articles 206 and 434 are not applicable to those who enter into
the dwelling of others to avoid a serious evil; likewise, the residents or a third party.
It also does not apply to cafes, canteens, taverns, inns,
lodging and other similar establishments, while they are open to the public.
They are not included in this exception, the private rooms of the hotels and
other establishments referred to in the preceding paragraph, which constitute a residence for
who inhabits them.
CHAPTER III
OF THE ABDUCTION OF MINORS
OWN SUBSTRACTION
ARTICLE 209. Whoever abducts a minor under twelve years of age or a person incapable of
power of their parents, guardian or person in charge of it and the one who retains it against the
will of these, will be sanctioned with prison of one to three years.
The same penalty shall apply if the minor is over twelve years of age and does not mediate
consent on your part.
The penalty to be imposed will be from six months to two years, if the minor over twelve years of
age has given consent.
IMPROPER SUBSTRACTION

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ARTICLE 210. Whoever, being in charge of the person of a minor, does not
present their parents or guardians, or give a satisfactory reason for their disappearance,
will be punished with imprisonment from one to three years.
AGGRAVATED ABDUCTION
ARTICLE 211. In case of disappearance of the abducted, if those responsible do not prove
the whereabouts of the victim or that his disappearance was due to causes other than the abduction,
They will be punished with imprisonment from six to twelve years. However, if the abducted person
is found, the penalty will be reduced accordingly, by means of an appeal
revision.
INDUCTION TO LEAVE THE HOME
ARTICLE 212. Whoever induces a minor, but over ten years old, to
leave the home of their parents, guardians or guardians of their person, it will be
sanctioned with imprisonment from six months to two years.
UNDUE DELIVERY OF A MINOR
ARTICLE 213. Who, being in charge of the upbringing or education of a minor
I will deliver it to a public establishment or to another person, without the consent of the person
has entrusted, or the authority in its defect, will be sanctioned with a fine of one hundred to
five hundred quetzals.
CHAPTER IV
OF COACTIONS AND THREATS
COERCION
ARTICLE 214. Who, without being legitimately authorized through the procedure
violent, intimidating or that in any way compels another, forces him to
do or stop doing what the law does not prohibit, do or consent to what you do not want or
who tolerates another person to do it, be it fair or not, will be punished with imprisonment of six
months to two years.
THREATS
ARTICLE 215. Whoever threatens another with causing the same or their relatives, within
of the degrees of law, in his person, honor or property, an evil that constitutes or not a crime,
He will be punished with imprisonment from six months to three years.
COERCION AGAINST POLITICAL FREEDOM
ARTICLE 216. Who outside the cases provided for in the respective special laws,
by means of violence or threats, prevents or restricts the exercise of any right
politician, will be punished with imprisonment from six months to three years.
CHAPTER V
OF THE VIOLATION AND DISCLOSURE OF SECRETS

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VIOLATION OF CORRESPONDENCE AND PRIVATE PAPERS
ARTICLE 217. Who, on purpose or to discover the secrets of another, opens
correspondence, closed sheet or telegraphic, telephone or other dispatches,
that they are not addressed to who, without opening them, is imposed on their content, it will be
sanctioned with a fine of one hundred to one thousand quetzals.
SUBSTRACTION, DIVERSION OR SUPPRESSION OF CORRESPONDENCE
ARTICLE 218. Whoever, unduly, seizes correspondence, specifications or
offices, referred to in the previous article or from another private paper, even if they are not
closed or whoever removes them or deviates from their destination, will be sanctioned with a fine of
one hundred to one thousand quetzals.
INTERCEPTION OR REPRODUCTION OF COMMUNICATIONS

ARTICLE 219. Whoever, using fraudulent means, intercepts, copies or
I will record televised, radio, telegraphic, telephone or other similar communications
or of the same nature, or prevents or interrupts them, will be sanctioned with a fine of one hundred to one
one thousand quetzals.
SPECIFIC AGGRAVATION
ARTICLE 220. The sanctions indicated for the criminal acts defined in the
three preceding articles, will be imprisonment from six months to three years, in the following
cases:
1st. If the author takes advantage of his capacity as an official or employee of the
respective agency, company or entity.
2nd. If it is official business.
3rd. If the information obtained, the author makes it public, by any means.
Exceptions
ARTICLE 221. The provisions of articles 217, 218 and 219 of this chapter are not
applicable to parents regarding their minor children, or to guardians or prot-tutors
with respect to the persons who are in their custody or custody.
MISCONDUCT ADVERTISING
ARTICLE 222. Who, being legitimately in possession of correspondence, of
papers or recordings, photographs not intended for publicity, make them public,
without due authorization, even if they have been directed, when the fact causes or
may cause damage, it will be sanctioned with a fine of two hundred to two thousand quetzals.
DISCLOSURE OF PROFESSIONAL SECRET
ARTICLE 223. Whoever, without just cause, reveals or employs for their own benefit or that of others
a secret that you have learned by reason of your status, trade, employment, profession or

Page 50

art, without causing or could cause damage, will be sanctioned with
imprisonment from six months to two years or a fine of one hundred to one thousand quetzals.
CHAPTER VI
OF CRIMES AGAINST THE FREEDOM OF CULTS AND FEELING
RELIGIOUS
TURBATION OF ACTS OF WORSHIP
ARTICLE 224. Whoever interrupts the celebration of a religious ceremony or executes
acts in contempt or offense of the cult or the objects destined to it, will be
sanctioned with imprisonment from one month to one year.
DEFAMATION OF SUPULTURES
ARTICLE 225. Whoever violates or vilifies a grave, sepulcher or a funeral home, or in
any other way that desecrates the corpse of a human being or its remains, will be
sanctioned with imprisonment from six months to two years.
CHAPTER VII
OF THE CRIMES OF INSEMINATION "
FORCED INSEMINATION
ARTICLE 225 "A". It will be sanctioned with imprisonment of two to five years and disqualification
special up to ten years the one who, without the consent of the woman, will procure her pregnancy
using medical or chemical artificial insemination techniques.
If pregnancy results; imprisonment of two to six years and special disqualification will be applied
up to fifteen years.
If the woman suffers very serious injuries or death, prison from three to ten will be applied
years and special disqualification from ten to twenty years.
FRAUDULENT INSEMINATION
ARTICLE 225 "B" .. Imprisonment of one to three years and special disqualification
up to ten years to which fraudulently alters the agreed conditions to carry out
artificial insemination or obtain consent through deception or promises
false.
EXPERIMENTATION
ARTICLE 225 "C". One to three years in prison and special disqualification will be imposed
up to ten years to which, even with the consent of the woman, I will perform in her
experiments intended to provoke her pregnancy.
Experiments are not considered the various attempts to achieve pregnancy, which are
performed according to an already experienced and approved technique.
TITLE V

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OF CRIMES AGAINST THE FAMILY LEGAL ORDER AND AGAINST THE STATE
CIVIL
CHAPTER I
OF THE CELEBRATION OF ILLEGAL MARRIAGES
ILLEGAL MARRIAGE
ARTICLE 226. Whoever contracts a second or subsequent marriage without being
If the previous one has been legitimately dissolved, it will be punished with one to three years' imprisonment.
The same sanction will be imposed on who, being single, gets married, knowingly,
with a married person.
HIDING OF IMPEDIMENT
ARTICLE 227. Those who get married knowing that there is an impediment that
causes its absolute nullity, they will be punished with imprisonment of two to five years.
The same sanction will be applied to whoever marries knowing that there is an impediment
that causes its absolute nullity and will hide this circumstance from the other contracting party.
SIMULATION
ARTICLE 228. Who, deceiving a person, simulates marriage with her, will be
sanctioned with imprisonment from one to four years.
With the same penalty those who, for profit, another illicit purpose or
with damage to third party, contracts marriage, exclusively for any of those
effects, without prejudice to the other responsibilities that may arise from their action.
INOBSERVANCE OF DEADLINES
ARTICLE 229. The widow who marries before the expiration of the term
indicated in the Civil Code so that you can get married, it will be sanctioned with a fine
from one hundred to five hundred quetzals.
The same sanction shall apply to the woman whose marriage has been dissolved by divorce or
declared void, if you contract a new marriage before the deadline has elapsed
indicated by the Civil Code.
ILLEGAL CELEBRATION
ARTICLE 230. Who, without being legally authorized, will celebrate a marriage, civil or
religious, will be sanctioned with a fine of two hundred to two thousand quetzals, without prejudice to
the sanctions that correspond to other crimes in which he could incur.
RESPONSIBILITY OF REPRESENTATIVES
ARTICLE 231. The guardian or protutor who, before the legal approval of their accounts,
get married or give their consent for their children or

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descendants with the person who has or has had under their guardianship, unless the
her father has authorized it, he will be sanctioned with a fine of two hundred to two thousand
quetzals.
CHAPTER II
OF ADULTERY AND CONCUBINATE
ADULTERY
ARTICLE 232. [This article was declared UNCONSTITUTIONAL according to file No.
936-95 of the Constitutional Court, for violating the principles of equality between
human beings and rights in marriage. The validity of this article ceases to be valid.
Effective March 13, 1996.]
REGIME OF ACTION
ARTICLE 233. [This article was declared UNCONSTITUTIONAL according to file No.
936-95 of the Constitutional Court, for violating the principles of equality between
human beings and rights in marriage. The validity of this article ceases to be valid.
Effective March 13, 1996.]
FORGIVENESS
ARTICLE 234. [This article was declared UNCONSTITUTIONAL according to file No.
936-95 of the Constitutional Court, for violating the principles of equality between
human beings and rights in marriage. The validity of this article ceases to be valid.
Effective March 13, 1996.]
CONCUBINAGE
ARTICLE 235. [This article was declared UNCONSTITUTIONAL according to file No.
936-95 of the Constitutional Court, for violating the principles of equality between
human beings and rights in marriage. The validity of this article ceases to be valid.
Effective March 13, 1996.]
CHAPTER III
OF INCEST
OWN INCEST
ARTICLE 236. Whoever lies with his ascendant, descendant or
brother.
Incest will be punishable by imprisonment for two to four years.
AGGRAVATED INCEST
ARTICLE 237. Whoever commits incest with a minor descendant will be
sanctioned with imprisonment from three to six years.
CHAPTER IV

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OF CRIMES AGAINST THE CIVIL STATE
ASSUMPTION OF LABOR
ARTICLE 238. The woman who feigns childbirth or pregnancy to obtain for herself or for the
alleged child, rights that do not correspond to him, will be sanctioned with imprisonment from one to
three years.
The same penalty shall be incurred by the person who registers or has registered in the Civil Registry a
nonexistent birth.
The doctor, obstetrician or midwife, who cooperates in the execution of this crime, will be
sanctioned with a fine of two hundred to two thousand quetzals.
REPLACING ONE CHILD FOR ANOTHER
ARTICLE 239. Whoever, by substituting a newborn for another, alters the
rights or the marital status thereof, will be punished with imprisonment from one to five years.
SUPPRESSION AND ALTERATION OF CIVIL STATUS
ARTICLE 240. The following will be punished with imprisonment from one to eight years:
1. Who, falsely denounces or has registered in the Civil Registry, any fact
that alters a person's marital status, or that knowingly takes advantage of the
false inscription.
2. Who, hides or exposes a child with the purpose of making him lose his rights or
your marital status.
USURPATION OF CIVIL STATUS
ARTICLE 241. Whoever usurps the civil status of another will be punished with imprisonment of
two to five years.
CHAPTER V
OF BREACH OF DUTIES
DENIAL OF FINANCIAL ASSISTANCE
ARTICLE 242. Who, being legally obliged to provide maintenance, by virtue of
final judgment or agreement that is recorded in a public or authentic document, will refuse to
fulfill such obligation after being legally required, will be sanctioned with
prison from six months to two years, unless I prove that I have no economic possibilities
for the fulfillment of its obligation.
The author will not be exempted from criminal responsibility, due to the fact that another person
would have lent them.
AGGRAVATED NON-COMPLIANCE

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ARTICLE 243. The sanction indicated in the previous article will be increased by a third
part, when the author, to evade the fulfillment of the obligation, transfers his assets
to a third person or use any other fraudulent means.
BREACH OF DUTIES OF ASSISTANCE
ARTICLE 244. Whoever, being legally bound, breaches or neglects the
rights of care and education with respect to descendants or persons who have
in their custody or custody, so that they are in a situation of abandonment
material and moral, he will be punished with imprisonment from two months to one year.
EXEMPTION FOR COMPLIANCE
ARTICLE 245. In the cases provided for in the three previous articles, the
of sanction, who will pay the maintenance due and guarantee sufficiently, in accordance with
the law, the subsequent fulfillment of their obligations.
TITLE VI
OF CRIMES AGAINST HERITAGE
CHAPTER I
OF THE HURT
THEFT
ARTICLE 246. Whoever takes, without due authorization, thing, piece of furniture, total or
partially alien, will be punished with imprisonment from 1 to 6 years.
AGGRAVATED THEFT
ARTICLE 247 .. It is aggravated theft:
1st. The one committed by domestic or intervening serious breach of trust.
2nd. When it is committed taking advantage of public or private calamity, or danger
common.
3rd. When it is committed inside the house, room or dwelling or to execute it the
agent will surreptitiously stay in a building or place intended for a room. Is
Aggravating circumstance will not apply when the theft concurs with the raid
of abode.
4th. When it is committed using a pick, false key or other similar instrument or key
true that has been stolen, found or retained.
5th. When two or more people participate in its commission; one or more pretending
authority or bosses or employees of a public service.
6th. When the theft is of objects or money of travelers and is carried out in any class
vehicles or in stations, docks, hotels, pensions or guest houses.

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7th. When it comes from religious or military things, of scientific, artistic or historical value or
intended for public use or decoration.
8th. If the theft is of firearms.
9th. If the theft is of cattle.
10. When the stolen goods are products separated from the ground, machines,
accessories or work instruments, left in the field, or made of wire or other
elements of the fences.
11. When the theft is of vehicles left on public roads or in places of access
public. If the stolen vehicles were taken and accepted in premises, workshops,
parking lots or places of sale of spare parts, destined for their sale, realization or
disarmament, they will be jointly and severally liable with the authors of the theft, the owners of
the aforementioned businesses, their managers, administrators or legal representatives,
who, in any case, are obliged to verify the legitimate origin of the vehicles
received for marketing.
The person responsible for aggravated theft will be punished with a prison term of 2 to 10 years.
USE THEFT
ARTICLE 248. Who, without due authorization, takes a movable thing, total or
partially foreign, with the sole purpose of using it and making its restitution in
circumstances that clearly indicate it or are deduced from the nature of the fact,
I will leave the thing in conditions and place that allow its easy and prompt recovery, it will be
sanctioned with a fine of two hundred to three thousand quetzals, without prejudice to the
responsibilities resulting from damage caused to the thing.
When the theft of use is committed to carry out plagiarism or kidnapping or for the purpose or
subversive purposes, the person responsible will be imprisoned for two to five years, without
prejudice to the sanctions that correspond to the other crime.
FLUID SCRAP
ARTICLE 249. Whoever, illegally, steals electrical energy, water, gas,
an installation or any other foreign fluid, will be sanctioned with fines of two hundred to
three thousand quetzals.
IMPROPER SCENE
ARTICLE 250. The owner of a movable thing that will take it away from whoever has it
legitimately in his power, to the detriment of himself or a third party, he will be sanctioned with
fine of one hundred to two thousand quetzals.
CHAPTER II
OF THEFT
STOLE

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ARTICLE 251. Whoever, without due authorization and with prior, simultaneous or violent violence
After the apprehension, I will take something, furniture totally or partially alien will be
sanctioned with imprisonment from 3 to 12 years.
AGGRAVATED THEFT
ARTICLE 252. It is aggravated robbery:
1st. When it is committed in an unpopulated area or in a gang
2nd. When violence is used, in any form, to enter the scene.
3rd. If the criminals carry weapons or narcotics, even when they do not use them.
4th. If they made them with simulation of authority or wearing disguise.
5th. If it is committed against a bank, tax, industrial, commercial or commercial office
or another in which flows are conserved or when violence is exerted on their
custodians.
6th. When the crime is committed by robbing a railroad, ship, ship, aircraft, automobile
or other vehicle.
7th. When any of the circumstances contained in paragraphs 1, 2,
3rd, 6th, 7th, 8th, 9th, 10 and 11 of Article 247 of this Code.
The person responsible for aggravated robbery will be punished with imprisonment from 6 to 15 years.
THEFT OF USE
ARTICLE 253. When the fact referred to in Article 248 of this Code, is
committed with violence, will be classified as theft of use and sanctioned with imprisonment of
six to two years.
When the circumstances referred to in the last paragraph of the article concur
quoted, the penalty to be imposed will be from three to eight years in prison.
FLUID THEFT
ARTICLE 254. When the facts referred to in Article 249 of this Code, are
committed with violence, they will be classified as robbery and sanctioned with imprisonment of six
months to two years.
IMPROPER THEFT
ARTICLE 255. When the fact referred to in Article 250 of this Code, is
committed with violence, will be classified as improper robbery and punished with imprisonment
six months to two years.
OF THE SACRILEGAL ACTS

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ARTICLE 255 BIS. When the facts referred to in the previous articles
related to theft and robbery, the object of the crime is destined for worship, whatever
sacred or not, such as Blessed Sacrament, Holy Oils, Holy Images, in
bulk or in paint, sacred vessels, chalices, ciboriums, patenas, monstrances, corporal,
purifiers, ornaments, sacred vestments, baptismal fonts, confessionals,
pulpits, crowns, glares, rings, chains, bracelets, crucifixes, vases, candlesticks,
High Cross, candles, censers, piggy banks, bibles or any other similar high object
religious, profane or historical content, regardless of whether or not they are committed in
the place destined for worship, the penalty to be imposed will be twelve years in the case of theft
(12) of unchangeable correctional prison, and for the robbery that of twenty years (20) of
Unchangeable correctional prison. In both cases a fine of not less
twice the value of these objects.
To persons who knowingly acquire, sell, export, traffic or alter in
In any form such objects or similar, the penalty to be imposed will be ten years (10) of
unchangeable correctional prison, and a fine of twice the value of the objects of the
crime. Their legitimate owners and holders are excepted, and the people legally
authorized.
It will be the obligation of the State to ensure the immediate assurance of such objects, as well
such as prompt delivery to its owners and / or rightful holders.
CHAPTER III
OF USURPATIONS
USURPATION
ARTICLE 256 .. Anyone who, for the purpose of seizing or
illicit exploitation, deprive or intend to deprive another of the possession or
possession of a real estate or a real right constituted on it, or who,
illicitly, for any purpose, invades or occupies real estate.
Staying in the property constitutes flagrancy in this crime. The Police, the
The Public Ministry or the Judge are obliged to prevent the punishable acts from continuing
causing subsequent consequences, ordering or proceeding as appropriate, to the
immediate eviction.
The person responsible for the usurpation will be punished with imprisonment for one to three years.
AGGRAVATED USURPATION
ARTICLE 257 .. The penalty will be two to six years in prison, when in any of the
assumptions referred to in the previous article, any of the circumstances concur
following:
a) That the act is carried out by more than five people;
b) When the usurper or usurpers stay in the property for more than three days;
c) When the owners or owners of the property, their workers, employees or
dependents, they are denied access to the property or were expelled from it by the

Page 58

usurpers or had to abandon it due to any type of intimidation that these
exercise against you;
d) When the act is carried out through harassment, disorder, violence,
deception, breach of trust, secrecy or intimidation;
e) When any type of damage or injury is caused to the property, its crops,
facilities, access roads or natural resources.
The penalties indicated in this article or in the previous one, as the case may be, will be applied
also those who instigate, propose, force or induce others to commit this crime
or cooperate in its planning, preparation or execution.
ALTERATION OF BOUNDARIES
ARTICLE 258 .. Who, for the purposes of seizure or illegal use, of all or
part of a property, alter the terms and boundaries of the towns or estates or
any kind of signs destined to fix the limits of contiguous properties, will be
punished with imprisonment of one to two years, if the act is carried out with violence, and with
imprisonment from six months to a year, if there is no violence.
DISTURBANCE OF POSSESSION
ARTICLE 259 .. Whoever, without being included in the three previous articles will disturb
with violence the possession or possession of a property, will be sanctioned with imprisonment of one
to three years.
WATER USURPATION
ARTICLE 260 .. Who, for purposes of seizure, illegal use or
harm another, dam, divert or stop the waters, destroy, total or
partially, dams, canals, ditches or any other means of retention or
conduction of the same or, in any other way hinder or impede the rights
of a third party over said waters, will be punished with imprisonment of one to three years and a
fine of one thousand to five thousand quetzals.
CHAPTER IV
OF EXTORTION AND BLACKMARK
EXTORTION
ARTICLE 261. Who, to procure an unjust profit or to defraud it, compels another,
with violence, to sign, subscribe, grant, destroy or deliver any document, to contract
an obligation or to condone it or to renounce any right, will be punished with imprisonment
from one to six years.
BLACKMAIL
ARTICLE 262. Whoever demands from another, money, reward or
effects, under direct or covert threat of accusations against his honor or prestige, or

Page 59

of violation or disclosure of secrets, to the detriment of him, his family or the
entity in whose management it intervenes or has an interest.
The person responsible for this crime will be punished with a prison term of three to eight years.
CHAPTER V
OF THE SCAM
OWN SCAM
ARTICLE 263. Who commits fraud, misleading another, by trick or deception
I will defraud him in his patrimony to the detriment of himself or others.
The person responsible for this crime will be punished with imprisonment from six months to four years and
fine of two hundred to ten thousand quetzals.
SPECIAL CASES OF SCAM
ARTICLE 264. The following will incur the sanctions indicated in the previous article:
1st. Who will defraud another using a false name, attributing power, influence,
alleged relationships or qualities, pretending assets, commission, company or
imaginary negotiations.
2nd. The silversmith or jeweler who alters in their quality, law or weight, the objects related to their
art or commerce, or traffic in them.
3rd. Traffickers who defraud, using false weights or measures, in the dispatch of
the objects of your traffic.
4th. Whoever defrauds another with alleged remuneration, officials, authorities,
agents of this or public employees, or as a reward for their mediation to
obtain a favorable resolution in a matter that depends on them, without prejudice
of the slander actions that correspond to them.
5th. Whoever commits any fraud, abusing the signature of another, blank or
extending with it a document to the detriment of the same or a third party.
6th. Whoever defrauds another by making him or her sign a document with deception.
7th. Whoever uses fraud to ensure luck in games of chance.
8th. Whoever commits fraud by subtracting, concealing or disabling, in all or in
part, some process, file, document or other writing.
9th. Who, pretending to be the owner of a real property, alienates it, encumbers it or disposes of it
of her, in any other way.
10. Whoever disposes of a good as free, knowing that it was taxed or subject to another
class of limitations and who, with their alienation or encumbrance, prevents, with the intention of
profit, the exercise of such rights.

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11. Whoever separately alienates a thing to two or more people, to the detriment of
any of them or a third party.
12. Whoever grants, to the detriment of another, a simulated contract.
13. Whoever knowingly acquires or receives, in any way, goods from someone who does not
whether it is their owner or does not have the right to dispose of them.
14. Whoever, to the detriment of another, exercises a right of any nature to
knowing that it has been deprived of it by final judicial resolution.
15. Whoever destroys or deteriorates, totally or partially, property that belongs to him,
Affected to the rights of a third party, with the purpose of defrauding it.
16. Whoever buys an asset in installments and subsequently disposes of it or disposes of it, in
any way, without having paid the full price.
17. Whoever denies his signature on any document of obligation or discharge.
18. Who, with false information or hiding known antecedents, will celebrate
fraudulently, contracts based on said data or antecedents.
19. Who, without authorization or making improper use of it through collections or
collections, I will disappoint others. If the collection or collection is done without authorization and
without the purpose of defrauding, or being authorized, the legal requirements are not met
corresponding, the sanction will be a fine of twenty to two hundred quetzals.
20. Whoever collects unearned wages, services or supplies not performed.
21. Whoever defrauds using inexperience, lack of discernment or passions
of a minor or disabled person.
22. The debtor who disposes, in any way, the fruits encumbered with a pledge for
guarantee credits for production.
23. Whoever defrauds or harms another, using any trick or deception, who does not know
has expressed in the previous paragraphs.
SCAM BY DESTRUCTION OF OWN THINGS
ARTICLE 265. Who, to obtain the payment of insurance or some undue profit in
detriment to another, destroys, deteriorates or hides, totally or partially, a property of their own,
He will be punished with imprisonment for one to three years and a fine of one hundred to five thousand quetzals.
INJURY SCAM
ARTICLE 266. Who, with the same purpose indicated in the previous article, is
will cause or be caused by a third party, bodily injury or that caused by
accident, the same sanctions of the referred article will be imposed.

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SCAM IN THE DELIVERY OF GOODS
ARTICLE 267. Whoever defrauds in the substance, quality or quantity of the goods that
delivered to others, by virtue of a contract or any other mandatory title, will be
sanctioned with imprisonment from six months to five years and a fine of one hundred to five thousand quetzals.
CHECK SCAM
ARTICLE 268. Whoever defrauds another by giving him in payment a check without provision of
funds or having them available, before the deadline for their presentation expires, it will be
sanctioned with imprisonment from six months to five years and a fine of one hundred to five thousand quetzals.
The same sanction will be applied to whoever endorses a check with knowledge of the lack of
drawer funds.
CONSUMPTION DEFRAUD
ARTICLE 269. Whoever purposely defrauds another by consuming food or drink, or
using or having any service provided for immediate payment, will be sanctioned
with a fine of twenty to five hundred quetzals.
FLUID SCAM

ARTICLE 270. Whoever improperly takes advantage of electrical energy or any other fluid
that is being supplied to you, or alter the meters or meters intended for
mark the consumption or the indications or data recorded by those devices, it will be
sanctioned with a fine of ten to two thousand quetzals.
Whoever defrauds the consumer, altering by any means the meters or
meters of electrical energy or other fluid, or the indications recorded by those
devices, will be sanctioned with a fine of five hundred to five thousand quetzals.
SCAM THROUGH ACCOUNTING INFORMATION
ARTICLE 271. The auditors, accountants, experts, directors, managers, liquidators or
employees of a bank or commercial entity, companies or cooperatives, who in their
opinions or communications to the public, or in their reports, memoirs or proposals, or
in the formation of inventories or balances, consign, with the intention of defrauding,
attract investment or pretend an economic situation that you do not have, facts
contrary to the truth, incomplete or simulated, will be sanctioned with imprisonment of six
months to five years and a fine of one hundred to five thousand quetzals.
CHAPTER VI
OF IMPROPER APPROPRIATIONS
IMPROPER APPROPRIATION AND RETENTION
ARTICLE 272. Whoever, to the detriment of another, appropriates or distracts money, effects or
any other movable property that has received in deposit, commission or administration, or
For any other cause that produces an obligation to deliver or return them, it will be
punished with imprisonment from six months to four years and a fine of one hundred to three thousand quetzals.

Page 62

IRREGULAR APPROPRIATION
ARTICLE 273. Commits the crime of irregular appropriation, who:
1st. I will take money or other personal property that I find lost and does not belong to you.
2nd. Having found a treasure I will take it in whole or in part, or I will take the quota that,
According to the law, it corresponds to the owner of the property.
3rd. I will take someone else's thing that has come into its power by mistake or fortuitous event.
Those responsible will be punished with imprisonment from two months to two years and a fine of
fifty to two thousand quetzals.
CHAPTER VII
OF CRIMES AGAINST COPYRIGHT, INDUSTRIAL PROPERTY
AND COMPUTER CRIMES
VIOLATION OF COPYRIGHT AND RELATED RIGHTS
ARTICLE 274. It will be sanctioned with imprisonment from four to six years and a fine of fifty
one thousand to one hundred thousand quetzals, who will perform any of the following acts:
a) The false attribution of the quality of owner of a copyright, artist, performer or
be executed, from a phonogram producer or from a broadcasting organization,
regardless of whether they are exploited economically or not.
b) The presentation, performance or public hearing or transmission, communication,
broadcasting and / or distribution of a protected literary or artistic work, without authorization
of the right holder, except in the exceptional cases established in the laws of the
matter.
c) The transmission or public performance of a protected phonogram, without the authorization of
a producer, except for the exceptional cases established in the laws of the matter.
d) The reproduction or rental of copies of literary, artistic or
protected scientists, without the authorization of the owner.
e) The reproduction or rental of copies of protected phonograms, without the
authorization from its producer.
f) The fixation, reproduction or transmission of protected performances,
without the permission of the artist.
g) The fixing, reproduction or retransmission of protected broadcasts, without the authorization of the
broadcaster.
h) The printing by the publisher, of a greater number of copies than that agreed with the
right holder.

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i) Adaptations, arrangements, limitations or alterations that imply a reproduction
disguised from an original work.
j) The adaptation, translation, modification, transformation or incorporation of a work
third party or part of it, without the authorization of the owner.
k) The publication of a protected work of others, with the title changed or deleted, or with
the altered text, as if it were from another author.
l) The import, export, transport, reproduction, distribution, commercialization,
exhibition, sale or offering for sale of illicit copies of works and phonograms
protected.
m) The distribution of copies of a protected work or phonogram, through the
sale, lease or any other form of distribution, without the authorization of the
right holder.
The criminal liability of dependents, commission agents or any other person
who performs a work activity under remuneration or dependency, will be
determined according to their participation in the commission of the criminal act.
DESTRUCTION OF COMPUTER RECORDS
ARTICLE 274 "A". He will be punished with imprisonment from six months to four years, and a fine
from two hundred to two thousand quetzals, whoever destroys, deletes or in any way
disable computer records.
ALTERATION OF PROGRAMS
ARTICLE 274 "B" .. The same penalty of the previous article will apply to the one who alters,
erase or in any way disable the instructions or programs that use the
computers.
PLAYBACK OF INSTRUCTIONS OR COMPUTER PROGRAMS
ARTICLE 274 "C" .. Imprisonment of six months to four years and a fine of
five hundred to two thousand five hundred quetzales to which, without authorization of the author, I copy or
any way reproduce the instructions or computer programs.
PROHIBITED RECORDS
ARTICLE 274 "D" .. Imprisonment of six months to four years and a fine of
two hundred to one thousand quetzals, who will create a data bank or a computer registry with
data that may affect the privacy of people.
INFORMATION HANDLING
ARTICLE 274 "E" .. Imprisonment of one to five years and a fine of five hundred to
three thousand quetzales, to which I will use computer records or computer programs to
hide, alter or distort information required for a commercial activity, for the

Page 64

fulfillment of an obligation with respect to the State or to hide, falsify or alter the
financial statements or the financial situation of a natural or legal person.
USE OF INFORMATION
ARTICLE 274 "F" .. Imprisonment of six months to two years, and a fine of
two hundred to one thousand quetzals to whom, without authorization, I will use the computer records of
another, or enter, by any means, your data bank or electronic files.
DESTRUCTIVE PROGRAMS
ARTICLE 274 "G" .. It will be sanctioned with imprisonment from six months to four years, and a fine
from two hundred to one thousand quetzals, to the one who distributes or puts into circulation programs or
destructive instructions, which may cause damage to registries, programs or
computing team.
VIOLATION OF INDUSTRIAL PROPERTY RIGHTS
ARTICLE 275 .. It will be sanctioned with imprisonment from four to six years and a fine of fifty
one thousand to one hundred thousand quetzals, who will perform any of the following acts:
a) Manufacture or elaborate products covered by an invention patent or by a
utility model registration, without the consent of the owner or without the respective license.
b) Offer for sale or put into circulation products covered by a patent of
invention or utility model, knowing that they were manufactured or manufactured without
consent of the patent holder or without the respective license.
c) Using patented processes without the consent of the patent holder or without the license
respective.
d) Offer for sale or put into circulation products, which are the result of the use
of patented processes, knowing that they were used without the consent of the owner
of the patent or of whoever had an exploitation license.
e) Reproduce protected industrial designs, without the consent of the owner or without the
respective license.
f) Reveal to a third party an industrial secret that he knows on the occasion of his work,
position, position, performance of your profession, business relationship or by virtue of
granting of a license for its use, without the consent of the person who keeps the
industrial secret, having been forewarned of its confidentiality, for the purpose of
obtain an economic benefit for himself or for a third party or in order to cause a
detriment to the person who keeps the secret.
g) Seizing an industrial secret without the right and without the consent of the person
that saves it or its authorized user, to use or reveal it to a third party, with the
purpose of obtaining economic benefit for himself or for the third party or in order to cause
a detriment to the person who keeps the industrial secret or its authorized user.

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h) Use the information contained in an industrial secret that he knows by virtue of his
work, position, position, exercise of their profession or business relationship, without consent
of the person who keeps it or its authorized user or that has been revealed to him by a third party,
knowing that he did not have the consent of the person who
keeps the industrial secret or its authorized user, in order to obtain a
economic benefit or in order to cause harm to the person who keeps the secret
industrial or its authorized user.
VIOLATION OF TRADEMARK RIGHTS
ARTICLE 275 BIS .. It will be sanctioned with imprisonment of four to six years and a fine of
fifty thousand to one hundred thousand quetzals, who will perform any of the following acts:
a) Use in commerce a registered trademark, or a servile copy or fraudulent imitation of
it, in relation to the same or similar products or services to which the brand is applied.
b) Using a protected trade name or emblem in commerce.
c) Use in commerce, in relation to a product or a service, an indication
false geographic location or likely to mislead the public about the provenance of that product
or service, or on the identity of the product, manufacturer or merchant of the product or
service.
d) Offer for sale or put into circulation products to which a trademark is applied
registered, after having altered, replaced or deleted it, partially or totally.
e) Continue using an unregistered trademark similar in degree of confusion to another
registered, after a resolution has been issued ordering the total cessation or
partially.
f) Offer for sale or put into circulation the products or provide services with the
brands referred to in the previous literal.
CHAPTER VIII
OF USURE
USURY
ARTICLE 276. Anyone who demands from his debtor, in any way, commits the crime of usury.
an interest higher than the maximum rate set by law or obviously disproportionate to
the benefit, even when the revenues are concealed or disguised under other names.
The person responsible for usury will be punished with imprisonment from six months to two years and a fine
from two hundred to two thousand quetzals.
USURAL NEGOTIATIONS
ARTICLE 277. The same sanction indicated in the preceding article will be applied:
1st. Who knowingly acquires, transfers or asserts a usurious credit.

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2nd. Whoever requires an extortionate guarantee from his debtor.
CHAPTER IX
OF THE DAMAGES
HURT
ARTICLE 278. Whoever, on purpose, destroys, renders useless, makes disappear or
in any way deteriorates, partially or totally, a property belonging to someone else, it will be
sanctioned with imprisonment from six months to two years and a fine of two hundred to two thousand
quetzals.
AGGRAVATED DAMAGE
ARTICLE 279. It is specifically aggravated damage and will be sanctioned with a third
more part of the penalty referred to in the previous article:
1st. When he falls into ruins or historical monuments, or if he is executed on property
of scientific, artistic or cultural value.
2nd. When the damage is done to military installations, bridges, roads or other
property for public or communal use.
3rd. When flammable, explosive, poisonous substances are used in its commission
or corrosive.
CHAPTER X
OF THE COMMON PROVISIONS OF THE EXEMPTION FROM THE PENALTY
EXEMPT FROM CRIMINAL LIABILITY
ARTICLE 280. They are exempt from criminal responsibility and subject only to civil
for thefts, robbery of things, scams, misappropriations and damages
that reciprocally cause:
1st. The spouses or de facto united persons, unless they are separated from
goods or persons and common-law partners.
2nd. Consanguineous or related ascendants or descendants.
3rd. The widowed consort, regarding things belonging to his deceased spouse,
as long as they have not passed into the power of another person.
4th. The brothers if they lived together.
This exemption does not apply to strangers who participate in the crime.
CONSUMPTION MOMENT
ARTICLE 281. The crimes of theft, robbery, fraud, in its case irregular appropriation, are
will be considered consummated at the moment in which the offender has the good under his

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control, after having carried out the respective apprehension and displacement, even
when I abandon him or they dispose of him.
TITLE VII
OF CRIMES AGAINST COLLECTIVE SECURITY
CHAPTER I
OF THE FIRE AND OF THE DRAGS
FIRE
ARTICLE 282. Whoever on purpose causes a fire of someone else's property, will be sanctioned with
prison from two to eight years.
The fire of own good that endangers life, bodily integrity or the
patrimony of another, will be punished with imprisonment from one to four years.
AGGRAVATED FIRE
ARTICLE 283. It is specifically aggravated fire:
1st. The task in building, house or shelter inhabited or intended for habitation.
2nd. The task in convoy, boat, aircraft or collective transport vehicle.
3rd. The assignment in a public building or destined for public use or work of social assistance
or culture; at the airport or at a railway or motor vehicle station.
4th. The role in depositing explosive or flammable substances.
5th. The one that destroys assets of scientific, artistic or historical value.
The person responsible for the aggravated fire will be punished with imprisonment from four to twelve years.
ESTRAGO
ARTICLE 284. Whoever causes damage using means commits a crime of havoc.
powerful destruction or by means of flooding, explosion, collapse or
building collapse.
The person responsible for the damage will be punished with a prison term of five to fifteen years.
FIRE AND GUILTY DRAG
ARTICLE 285. Whoever culpably causes damage or fire, will be sanctioned with
prison from one to three years.
If the fire or negligent damage has resulted in the death of one or more persons,
the person responsible will be punished with a prison term of two to five years.
DISABLED DEFENSES

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ARTICLE 286. Whoever damages or disables facilities, objects or works intended for the
common defense against disasters, raising the danger of their occurrence,
will be punished with imprisonment from one to six years.
The same penalty shall be incurred by those who, to hinder or prevent the defense tasks against a
disaster, remove, hide or disable materials, instruments or other means
intended for the aforementioned defense.
MANUFACTURE OR HOLDING OF EXPLOSIVE MATERIALS
ARTICLE 287. Who in order to contribute to the commission of crimes against security
collectively, manufacture, supply, acquire, subtract or have pumps, materials
explosive, flammable, asphyxiating or toxic, or substances or materials intended for their
preparation, will be punished with imprisonment of two to six years.
The same penalty shall be incurred by those who, knowing or having to presume that they contribute to the
commission of crimes against collective security, give instructions for the preparation
of the substances or materials referred to in the preceding paragraph.
CHAPTER II
OF CRIMES AGAINST THE MEDIA, TRANSPORTATION AND
OTHER PUBLIC SERVICES
RAILWAY DISASTER HAZARD
ARTICLE 288. Whoever prevents (sic) or disturbs the railroad service in any of
the following forms will be punished with imprisonment of two to five years:
1st. Destroying, damaging or decomposing a railway line, rolling stock, construction site or
railway installation.
2nd. Placing an obstacle on the road that may cause derailment.
3rd. Broadcasting false warning regarding the movement of trains or interrupting
telephone, telegraphic or radio communications.
4th. By practicing any other act that could result in disaster.
RAILWAY DISASTER
ARTICLE 289. If the facts referred to in the preceding article result in disaster,
The person responsible will be punished with a prison term of four to twelve years.
ATTACK AGAINST THE SAFETY OF MARITIME TRANSPORT,
RIVER OR AIR
ARTICLE 290. Whoever endangers a boat or aircraft, his own or someone else's, or
I will practice any act tending to prevent or hinder maritime, fluvial or
aerial, will be sanctioned with prison of two to five years.

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MARINE, RIVER OR AIR DISASTER
ARTICLE 291 If the facts referred to in the preceding article result in a shipwreck or
stranding of a boat, or the fall or destruction of an aircraft, the person responsible will be
sanctioned with imprisonment from four to twelve years.
ATTACK AGAINST OTHER MEANS OF TRANSPORTATION
ARTICLE 292. Whoever endangers another means of public transport, prevents it or
difficult, you will be punished with imprisonment from one to three years.
If the fact is sinister, the person responsible will be punished with imprisonment from two to five
years.
GUILTY DISASTER
ARTICLE 293. Whoever culpably causes any of the disasters foreseen in the
previous articles of this chapter will be punished with imprisonment from one to three years.
If the death of one or more people or serious injuries has resulted, the penalty will be
two to six years in prison.
ATTACK AGAINST THE SECURITY OF PUBLIC UTILITY SERVICES
ARTICLE 294. Whoever endangers security, or prevents or hinders the
operation of water, electricity, electricity or any other services intended for the
public, will be punished with imprisonment from one to five years.
COMMUNICATION INTERRUPTION OR INTERRUPTION
ARTICLE 295. Whoever, attempts against the security of telecommunications or
postal communications, or by any means interrupt or hinder such
services, will be punished with imprisonment from two to five years.
SEIZURE AND INUTILIZATION OF CORRESPONDENCE
ARTICLE 296. Whoever engages a correspondence conductor to intercept
or stop it, to seize it or to disable it, will be punished with imprisonment of
three to six years.
INUSTILIZATION AND DAMAGING OF DEFENSES
ARTICLE 297. Who, on the occasion of any of the disasters or damages
included in this chapter, remove, hide or disable facilities,
materials, instruments or apparatus, or other means intended for defense or
rescue, or prevent or hinder the provision of defense or rescue services, will be
sanctioned with the same penalty as that corresponding to the perpetrators of the crime in question.
ABANDONMENT OF TRANSPORTATION SERVICE

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ARTICLE 298. The driver, captain, pilot or mechanic of the railway, ship, aircraft or
of any other means of public transport, who will leave his post before the
respective travel term, if the fact does not constitute another crime sanctioned with greater
penalty, will be punished with imprisonment from one month to one year and a fine of twenty to two thousand
quetzals.
CHAPTER III
OF PIRACY
PIRACY
ARTICLE 299. Anyone who practices in the sea, lakes or rivers commits the crime of piracy.
navigable, any act of predation or violence against a boat or against people
that they are in it, without being authorized by any belligerent State or without the
vessel, by means of which he executes the act, belongs to the navy of a
Recognized status.
He also commits the crime of piracy:
1st. Whoever seizes any boat or what belongs to their luggage,
through fraud or violence committed against his commander.
2nd. Who will give pirates a boat, its cargo or what belongs to his
crew.
3rd. Whoever, with violence, opposes the commander or the crew to defend the
boat attacked by pirates.
4th. Who, on his own account or for someone else, equates a boat destined for piracy.
5th. Who, from the national territory, will traffic with pirates or provide them with aid.
The person responsible for piracy will be punished with a prison term of three to fifteen years.
AIR PIRACY
ARTICLE 300. The provisions contained in the preceding article shall apply to whoever
commits piracy against aircraft or against people who are in it.
CHAPTER IV
OF CRIMES AGAINST PUBLIC HEALTH
DISEASE SPREAD
ARTICLE 301. Who, on purpose, propagates a dangerous or contagious disease
for individuals, it will be punished with imprisonment from one to six years.
WATER, FOOD OR MEDICINAL SUBSTANCE POISONING

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ARTICLE 302. Who, on purpose, poison, contaminate or adulterate, in such a way
hazardous to health, water of common or private use, or food substance or
medicinal products intended for consumption, will be punished with a prison term of two to eight years.
The same sanction will be applied to whoever, knowingly, delivers for consumption or has in
reservoir for distribution, water or food or medicinal substance, adulterated or
contaminated.
HAZARDOUS MANUFACTURE OF FOOD OR THERAPEUTIC SUBSTANCES
ARTICLE 303. Whoever elaborates nutritional or therapeutic substances, in the form
dangerous to health, he will be punished with imprisonment from one to five years.
The same sanction will be applied to anyone who knowingly deals with substances that are harmful to the
health or adulterated, deteriorated or contaminated.
IRREGULAR DISPATCH OF DRUGS
ARTICLE 304. Who, being authorized for the dispensing of medicines, the
I will supply without a medical prescription when this is necessary, or in disagreement
with it, he will be sanctioned with a fine of two hundred to three thousand quetzals.
The same sanction will be applied to who, being authorized to supply medicine,
made in kind, quantity or quality different from that declared or agreed, or the
expends knowing that they have lost their therapeutic properties or after
its expiration date.
BREACH OF SANITARY MEASURES
ARTICLE 305. Whoever infringes the measures imposed by law or those adopted by the
health authorities to prevent the introduction or spread of an epidemic,
a plant pest or an epizootic likely to affect humans, it will be
sanctioned with imprisonment from six months to two years.
PLANTING AND CULTIVATION OF PLANTS PRODUCING SUBSTANCES
NARCOTICS
ARTICLE 306. Whoever, without being authorized, sows or cultivates plants of which
can extract drugs, drugs or narcotics, will be sanctioned with prison of three
five years and a fine of five hundred to five thousand quetzals.
The same sanction will be applied to whoever trades, possesses or supplies seeds or plants.
from which you can extract drugs, drugs or narcotics.
ILLEGAL TRAFFICKING OF DRUGS, DRUGS OR NARCOTICS
ARTICLE 307. It will be sanctioned with imprisonment from three to five years and a fine of five hundred.
to five thousand quetzals:
1st. Whoever illegally introduces drugs, drugs or narcotics into the country, or
products intended for their preparation.

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2nd. Who, without being authorized, sells, delivers, transports or supplies
drugs, drugs or narcotics.
3rd. Who, without being authorized, retains, saves or in any other way conserves
in their possession drugs, drugs or narcotics, or products intended for their
preparation.
AGGRAVATED FORMS
ARTICLE 308. The sanction indicated in the previous article will be increased by one
third party in the following cases:
1st. When the commission of the crime is verified within educational, public and
private or in its surroundings.
2nd. When the substance or product referred to in the previous article, is
provided to a minor.
3rd. When the perpetrator of the crime is a doctor, chemist, biologist, pharmacist, dentist,
laboratory worker, nurse, obstetrician, midwife, education manager, ministers
of cults and those responsible for the direction or conduction of groups. What's more
those civil servants and public employees who take advantage of their position.
4th. When the crimes referred to in the previous article include activities of
international traffic or have a connection of any nature with it.
In the cases of this subsection, the penalties will be unchangeable, the fines will be five thousand
to fifty thousand quetzals, and civil liabilities, in the cases indicated by the
Article 83, of the Code of Criminal Procedure, will be set between ten thousand and one hundred thousand quetzals.
FACILITATION OF THE USE OF NARCOTICS
ARTICLE 309. Who, without being included in the previous articles, will facilitate local,
even free of charge, for the trafficking or consumption of the substances or products to which
referred to in this chapter, will be punished with imprisonment from two months to one year and a fine of one hundred
to a thousand quetzals.
INDUCTION TO THE USE OF NARCOTICS
ARTICLE 310. Whoever instigates or induces another person to use substances
narcotic drugs, or contribute to stimulate or spread the use of said substances, will be
sanctioned with imprisonment for three to five years and a fine of five hundred to five thousand quetzals.
ILLEGAL INHUMATIONS AND EXHUMATIONS
ARTICLE 311. Whoever, performs, burial, exhumation or transfer of a corpse or
human remains in contravention of the corresponding sanitary provisions, it will be
sanctioned with imprisonment from one month to six months and a fine of fifty to three hundred
quetzals.

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GUILTY CRIMES
ARTICLE 312. If the facts included in articles 301, 302, 303 and 304, are
guilty, the person responsible will be sanctioned with the penalty that at the
corresponding offense, reduced by two thirds.
TITLE VIII
OFFENSES AGAINST THE PUBLIC FAITH AND THE NATIONAL HERITAGE
CHAPTER I
OF COUNTERFEITING CURRENCY
FAKE CURRENCY MANUFACTURING
ARTICLE 313. Whoever makes false currency imitating legitimate national currency or
foreign, legal tender in the Republic or outside of it, will be sanctioned with imprisonment of
two to ten years.
CURRENCY ALTERATION
ARTICLE 314. Whoever alters, in any way, legitimate national currency or
foreign, legal tender or in the Republic or outside of it, will be punished with imprisonment
two to ten years.
INTRODUCTION OF FALSE OR ALTERED CURRENCY
ARTICLE 315. The sanctions indicated in the previous articles will be applied, in the
respective cases, to those who knowingly introduce false or altered currency into the country.
ISSUE OF FAKE OR ALTERED CURRENCY

ARTICLE 316. Who, knowingly, acquires or receives false or altered currency and the
put, in any way, in circulation, it will be sanctioned with the same penalty as that indicated
in the respective cases, for those who falsify or alter currency.
CURRENCY ENCLOSURE
ARTICLE 317. Whoever cuts legitimate currency or knowingly introduces the country
severed coin, or put them into circulation, will be punished with imprisonment of six
months to two years.
FAKE CURRENCY ISSUANCE
ARTICLE 318. Who, having received in good faith, counterfeit, altered or
severed, expended or put into circulation knowing its falsity, alteration
or curtailment, will be sanctioned with a fine of fifty to two thousand quetzals.
ISSUE AND CIRCULATION OF CURRENCY
ARTICLE 319. Who, illegitimately, issues monetary pieces or makes them circulate
within the territory of the Republic will be punished with imprisonment from three to twelve years.

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Anyone who circulates bills, vouchers, promissory notes or other documents will incur the same penalty.
that contain order or promise of payment in cash, bearer and sight or tokens,
cards, sheets, plates or other objects, in order to serve as currency.
VALUES EQUIPPED TO CURRENCY
ARTICLE 320. For the purposes of criminal law, it is considered currency:
1st. The bank note of legal tender, national or foreign.
2nd. The titles of the national or municipal debt and their coupons.
3rd. The bonds or letters of the national or municipal treasuries.
4th. The titles, certificates and bearer shares and their coupons, issued on an official basis
by legally authorized entities, public or private.
5th. The titles, certificates and bearer shares, their coupons and the bonds and bills issued
by a foreign government.
CHAPTER II
OF THE FORGERY OF DOCUMENTS
MATERIAL FALSE
ARTICLE 321. Whoever makes, in whole or in part, a false public document, or alters
a true one, so that it may be prejudicial, will be sanctioned with imprisonment of two
to six years.
IDEOLOGICAL FALSEHOOD
ARTICLE 322. Whoever, on the occasion of the granting, authorization or formalization of a
public document, insert or cause to insert false statements concerning a
fact that the document must prove, so that it may be prejudicial, will be
sanctioned with two to six years' imprisonment.
FORGERY OF PRIVATE DOCUMENTS
ARTICLE 323. Whoever, in a private document, commits any of the falsifications to
referred to in the two previous articles, will be punished with imprisonment from one to three
years.
EQUIPMENT OF DOCUMENTS
ARTICLE 324. When the events provided for in the first two articles of this
chapter will fall on titles of credit, nominative or to the order, or in bills of exchange, or
other titles transferable by endorsement, the person in charge will be sanctioned in the respective
cases, with the penalty that the same articles establish.
USE OF FALSIFIED DOCUMENTS

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ARTICLE 325. Whoever, without having intervened in the falsification, makes use of a
Forged document, knowing its falsity, will be sanctioned with the same penalty as the
that corresponds to the author of the falsification.
FALSE IN CERTIFICATE
ARTICLE 326. The physician who issued a false certificate concerning the
existence or non-existence, present or past, of an illness or injury, when of it
damage may result, it will be sanctioned with a fine of three hundred to three thousand quetzals.
DELETE, CONCEAL OR DESTRUCTION OF DOCUMENTS
ARTICLE 327. Whoever destroys, hides or deletes, in whole or in part, a document
true, of the nature of those specified in this chapter, will be sanctioned with the
penalties indicated in the previous articles, in their respective cases.
The same sanction shall be incurred by anyone, with the intention of evading the action of justice, shall carry out
facts referred to in the previous paragraph about documents or objects that constitute
means of proof.
CHAPTER III
OF THE COUNTERFEITING OF STAMPS, SEALED PAPER, POST STAMPS,
RINGS
AND OTHER TAX SPECIES

FORGERY OF STAMPS, STAMPED PAPER AND STAMPS
ARTICLE 328. Whoever falsifies official seals, sealed paper, postage stamps,
tax stamps, or any other class of sealed or stamped effects whose issuance is
reserved to or controlled by the authority, or is intended to collect taxes,
He will be punished with a prison term of two to six years.
The same sanction will be applied to whoever knowingly introduces them to the territory of the Republic,
I will sell or use them.
COUNTERFEITING LOTTERY TICKETS
ARTICLE 329. Whoever falsifies duly authorized lottery tickets, or alters
the real bills, will be punished with imprisonment from two to six years.
The same sanction will be applied to whoever knowingly introduces them to the territory of the Republic,
I will sell or use them.
FALSIFICATION OF PLATES AND BADGES FOR VEHICLES
ARTICLE 330. Whoever falsifies plates or other distinctive for vehicles, that the
authorities agree for them, or alter the true ones, will be punished with prison
from one to three years.

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The same sanction will be applied to who, knowingly, uses plates or badges for vehicles,
falsified or altered.
FORGERY OF PASSWORDS AND BRANDS
ARTICLE 331. Whoever falsifies trademarks, passwords or signatures officially used to
contrast weights or measures, identify any object or certify its quality, quantity or
content, will be punished with imprisonment from one to four years.
The same sanction will be imposed on whoever applies legitimate trademarks or passwords, for official use,
to objects or articles other than those to which they should have been applied.
USE OF SEALS AND OTHER UNUSED EFFECTS
ARTICLE 332. Whoever makes any of the seals, stamps, trademarks or
passwords, the sign that indicates having already served or been used for the purpose of your
expedition, or be used again, will be sanctioned with a fine of two hundred to two
one thousand quetzals.
The same sanction will be applied to whoever, knowingly, uses, causes to use or puts up for sale the
unused effects referred to in the preceding paragraph.
CHAPTER IV
OF THE DEPREDATION OF THE NATIONAL HERITAGE
THEFT AND THEFT OF NATIONAL TREASURES
ARTICLE 332 "A" .. Prison of two to ten years will be imposed in the case of art. 246 and
imprisonment from four to fifteen years in the cases of art. 251, when the appropriation falls
on:
1) Collections and rare specimens of fauna, flora or minerals, or on objects of
paleontological interest;
2) Assets of scientific, cultural, historical and religious value;
3) Antiquities of more than a century, inscriptions, coins, engravings, fiscal stamps or
of postage of philatelic value;
4) Objects of ethnological interest;
5) Manuscripts, books, documents and old publications with historical value or
artistic;
6) Objects of art, pictures, paintings and drawings, engravings and original lithographs, with value
historical or cultural;
7) Sound, photographic or cinematographic archives with historical or cultural value;
8) Furnishing articles and objects of more than two hundred years of existence and
ancient musical instruments with historical or cultural value.

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The penalty will be increased by one third when committed by public officials or employees.
or by people who, due to their position or function, must have custody or custody of
the assets protected by this article.
THEFT AND THEFT OF ARCHAEOLOGICAL PROPERTY
ARTICLE 332 "B" .. Prison of two to ten years will be imposed in the case of Article 246 and
imprisonment from four to fifteen years in the case of article 251, when the appropriation
I will fall on.
1) Products of regular or clandestine archaeological excavations, or of
archaeological discoveries;
2) Ornaments or parts of archaeological or historical monuments, paintings, engravings,
stelae or any object that is part of the historical or archaeological monument;
3) Pieces or objects of archaeological interest, even if they are scattered or
located on abandoned land.
The penalty will be increased by one third when committed by public officials or employees.
or by people who, by reason of their position or function, must have the custody and custody of
the assets protected by this article.
NATIONAL TREASURE TRAFFIC
ARTICLE 332 "C" .. Prison of six to fifteen years and a fine of five thousand to
ten thousand quetzales to whoever will commercialize, export or in any way transfer the
ownership or possession of any of the goods indicated in the previous articles, without
state authorization.
The same penalty will be imposed on whoever buys or in any way acquires goods
stolen or stolen culture. If the acquisition is made through fault, the penalty will be reduced to
half.
TERMINATION OF THE ACTION OR PENALTY
ARTICLE 332 "D" .. In the case of crimes typified in this title, the
action or penalty if the object is delivered voluntarily and without any requirement
stolen or trafficked, or all the objects stolen or trafficked, to judge
competent authority, who will deliver it to the Ministry of Culture and Sports.
CHAPTER V
OF THE COMMON PROVISIONS
HOLDING OF COUNTERFEIT INSTRUMENTS
ARTICLE 333. Whoever fabricates, introduces to the national territory, or retains in his power,
stamp, stamps, marks or other instruments or tools known to be used for
committing any of the falsifications referred to in this title, will be sanctioned with
imprisonment from six months to two years.

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UNDUE EMISSIONS
ARTICLE 334. Those who direct or administer a bank or institution that, on the occasion of
their functions, authorize the manufacture or issuance of currency with a law or weight lower than the
legitimate, or bank notes or any titles, certificates or bearer shares, in
amount greater than the authorized amount or under conditions other than those prescribed for the case,
will be punished with imprisonment from one to six years and disqualification, where appropriate, in accordance with the
Article 56 of this Code for double time of the sentence.
TITLE IX
OF THE CRIMES OF PERSONAL FALSE
USURPATION OF FUNCTIONS
ARTICLE 335. Whoever, without title or legitimate cause, performs acts proper to a
authority or official, attributing official character, will be sanctioned with imprisonment of one
to three years.
USURPATION OF QUALITY
ARTICLE 336. Whoever assumes an academic title or performs acts that are incumbent upon
professionals, without having a title or special qualification, will be sanctioned with a fine of
five hundred to three thousand quetzals.
If as a result of illegal exercise, damage to a third party is derived, the sanction indicated in the
preceding paragraph, will be raised by one third.
PUBLIC USE OF ALLEGED NAME
ARTICLE 337. Whoever publicly uses an assumed name will be sanctioned with a fine.
from five hundred to three thousand quetzals.
If the use of the assumed name is intended to hide a crime, avoid a conviction,
or cause any damage to the State or an individual, in addition to the sanction indicated in the
paragraph above, the person responsible will be imprisoned for one to two years.
ILLEGITIMATE USE OF IDENTITY DOCUMENT
ARTICLE 338. Who will use as their own, passport, identity card or any
another legitimate foreign identity document, will be punished with imprisonment from one to three
years.
The same sanction will be applied to whoever gives up to another, to use it, their own passport,
Identity card or legitimate identity document.
MISUSE OF UNIFORM AND INSIGNIA
ARTICLE 339. Whoever publicly and improperly uses the suit or uniform of an institution
to which it does not belong, or insignia or decorations that it is not authorized to
carry, will be sanctioned with a fine of one hundred to five hundred quetzals.

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TITLE X
OF CRIMES AGAINST THE NATIONAL ECONOMY, TRADE, THE
INDUSTRY AND THE TAX REGIME
CHAPTER I
OF CRIMES AGAINST THE NATIONAL ECONOMY AND THE ENVIRONMENT
MONOPOLY
ARTICLE 340. Whoever, with illicit purposes, performs acts with evident damage to
the national economy, absorbing the production of one or more industrial branches, or of
the same commercial or agricultural activity, or will take advantage exclusively of them
through any privilege, or using any other means, or perform maneuvers or
agreements, even if they were disguised with the constitution of several companies, to sell
goods at certain prices to the obvious detriment of the national economy or of
individuals, will be punished with imprisonment from six months to five years and a fine of
five hundred to ten thousand quetzals.
OTHER FORMS OF MONOPOLY
ARTICLE 341. Monopoly acts contrary to the economy are also considered.
public and social interest:
1st. The hoarding or subtraction from the consumption of basic necessities, with the
purpose of causing a rise in prices in the domestic market.
2nd. Any act or procedure that prevents or intends to prevent free competition in
production or trade.
3rd. The agreements or pacts entered into without prior governmental authorization, aimed at
to limit the production or elaboration of any article, with the purpose of establishing or
sustain privileges and profit from them.
4th. The sale of goods of any nature, below the cost price, that has
in order to prevent free competition in the domestic market.
5th. The export of essential items without permission from the authority
competent authority, when required, if this could lead to a shortage or famine.
The person responsible for some of the events listed above will be sanctioned
with imprisonment from six months to three years and a fine of two hundred to five thousand quetzals.
SPECULATION
ARTICLE 342. Who, spreading false rumors, spreading false news or
using any other similar device, deviate or falsify the economic laws
natural conditions of supply and demand, or break ordinary market conditions,
producing through these operations the unjustified increase or decrease in the value of the
legal tender, or in the current price of merchandise, of public revenues
or private, of the tradable values, of the wages or of any other thing that is

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contracted, will be punished with imprisonment from six months to two years and a fine of
two hundred to three thousand quetzals.
EXCHANGE CRIME
ARTICLE 342-A. Commits a foreign exchange crime:
1. Whoever does not sell to the Guatemalan Bank or to the banks of the system authorized to
operate in exchange, the currencies that you are obliged to negotiate, within the legal time
settled down.
2. Who, without being legally authorized, dedicates himself, habitually and for profit
to buy and sell currencies.
3. Who to carry out imports or exports, makes or uses an invoice or other
false document or that contains false or inaccurate information about the value, quantity,
quality or other characteristics of those operations.
4. Whoever makes exports without having previously obtained the foreign exchange license of
export or other legally required authorization.
5. Whoever, through fraud or deception, obtains a license to acquire foreign currency from the market,
intended for essential payments or the bidding market or whoever uses said currencies
for a different destination than the authorized one.
Those responsible for the foreign exchange crime will be punished with imprisonment from two to five
years. In addition, a fine equivalent to the amount of the illegal act will be imposed, when the
amount of the same can be determined, or five hundred to five thousand quetzals, in case
contrary.
DESTRUCTION OF RAW MATERIALS OR AGRICULTURAL PRODUCTS OR
INDUSTRIAL
ARTICLE 343. Whoever destroys raw materials or agricultural or industrial products,
or any other means of production, with serious damage to the national economy or to
consumers, will be punished with imprisonment from one to three years and a fine of three hundred to
three thousand quetzals.
DISEASE SPREAD IN PLANTS OR ANIMALS
ARTICLE 344. Whoever spreads a disease in animals or plants, dangerous
for livestock or agricultural wealth, will be sanctioned with a fine of three hundred to three thousand
quetzals.
GUILT SPREAD
ARTICLE 345. If the crime referred to in the previous article is committed
culpably, the person responsible will be sanctioned with a fine of fifty to one thousand quetzals.
ILLEGAL EXPLOITATION OF NATURAL RESOURCES

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ARTICLE 346. Whoever, without being duly authorized, commercially exploits the
natural resources contained in the territorial sea and the underwater platform, as well as in
national rivers and lakes, will be punished with imprisonment from one to three years and a fine of
five hundred to five thousand quetzals.
Those who occasionally fish or hunt for sport or for
feed your family.
CRIME AGAINST FOREST RESOURCES
ARTICLE 347. Whoever, contravening the legal prescriptions or the provisions of
the competent authority will exploit, cut down or destroy all or part of a forest,
reforestation, plantation, or public cultivation or nursery, will be punished with prison
from six months to two years and a fine of fifty to two thousand quetzals.
CONTAMINATION
ARTICLE 347 "A". It will be punished with imprisonment of one to two years, and a fine of
three hundred to five thousand quetzals, whoever pollutes the air, the ground or the waters,
through toxic fumes, excessive noise spilling dangerous substances or
discarding products that could harm people, animals, forests or
plantations.
If the contamination occurs in a negligent way, a fine of two hundred to one thousand will be imposed.
five hundred quetzals.
INDUSTRIAL CONTAMINATION
ARTICLE 347 "B". A prison term of two to ten years and a fine of three thousand to ten thousand will be imposed.
quetzales, to the Director, Administrator, Manager, Owner or Beneficiary of a farm
industrial or commercial activity that allows or authorizes, in the exercise of the activity
commercial or industrial, air, soil or water pollution, through
toxic fumes, excessive noise, spilling hazardous substances or disposing
products that can harm people, animals, forests or plantations.
If the contamination is carried out in a population, or in its surroundings, or affects
plantations or water intended for public service, will be increased twice the minimum and
one third of the maximum prison sentence.
If the contamination is caused by fault, imprisonment of one to five years will be imposed and
fine of one thousand to five thousand quetzals.
In the two previous articles, the penalty will be increased by one third if as a result of the
contamination will result in a permanent alteration of environmental conditions or
climatic.
RESPONSIBILITY OF THE OFFICER
ARTICLE 347 "C". The same penalties indicated in the previous article will apply to
public official who will approve the installation of an industrial or commercial exploitation

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pollutant, or consents to its operation. If he does it by fault, prison will be imposed
from six months to a year and a fine of one thousand to five thousand quetzals.
FOREST PROTECTION
ARTICLE 347 "D". Prison from two to ten years will be imposed on whoever carries out a logging of
forests, commercialize or export the product of said logging, without state authorization or,
having it, without meeting or exceeding the conditions provided in the authorization. What's more
imprisonment, a fine of two hundred to seven thousand quetzals will be imposed for each
tree felled, traded or exported. The penalty will be five to fifteen years in prison
and a fine of one thousand to ten thousand quetzals if it is an endangered species or if the
logging will be done in a protected area or national park.
WILDLIFE PROTECTION
ARTICLE 347 "E" .. Prison from one to five years will be imposed on those who hunt animals,
birds or insects, without state authorization or, having it, without meeting or exceeding the
conditions provided in the authorization. The penalty will be increased by a third if the hunt is
I will do it in a protected area or national park.
CHAPTER II
OF PUNISHABLE BANKRUPTCY AND INSOLVENCY
FRAUDULENT BANKRUPTCY
ARTICLE 348. The merchant who has been declared fraudulent bankruptcy, will be
sanctioned with imprisonment from two to ten years and special disqualification for double time from the
sentence.
GUILTY BANKRUPTCY
ARTICLE 349. The merchant who has been declared guilty bankrupt, will be
sanctioned with imprisonment from one to five years and special disqualification for double time of
sentence.
PERSONAL RESPONSIBILITY
ARTICLE 350. When a commercial company is declared bankrupt, every director,
administrator or liquidator of the company or failed establishment that has cooperated
to the execution of any of the illicit acts that motivated it, will be sanctioned with the same
penalty to that indicated for the fraudulent or guilty bankrupt, as the case may be.
COMPLICITY
ARTICLE 351. They will be punished as accomplices of the crime of fraudulent bankruptcy,
who execute any of the following acts:
1st. To conspire with the bankrupt to suppose credits against him or to increase them,
alter its nature or date in order to precede graduation, to the detriment of
other creditors, even if this is verified prior to filing for bankruptcy.

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2nd. Having assisted the bankrupt in the uprising, theft or concealment of their assets.
3rd. Hide from bankruptcy administrators the existence of assets that,
belonging to it, are in the power of the person responsible, or deliver them to the bankrupt and not to
said administrators.
4th. Verify with the bankrupt individual concerts to the detriment of other creditors.
UPLIFT OF GOODS
ARTICLE 352. Whoever, on purpose and to avoid paying his obligations, is
he will raise his assets, alienate them, encumber or hide them, simulate credits or
disposals, without leaving a person to represent it, or sufficient assets to respond
to the payment of his debts, he will be sanctioned with imprisonment of two to six years and a fine of
two hundred to three thousand quetzals.
If the person responsible is a merchant, he will be sanctioned, in addition, with disqualification
special for the double time of the sentence.
BANKRUPTCY OF AN IRREGULARLY CONSTITUTED COMPANY
ARTICLE 353. For the purposes of the provisions of this Code, it shall be considered
fraudulent bankruptcy of any company incorporated without the legal requirements and to whom
constitute them, the sanctions established in Article 350 will be applied.
NON-TRADING CONTEST
ARTICLE 354. The bankrupt non-merchant whose insolvency is the result, in
in whole or in part, of any of the following facts, will be sanctioned with imprisonment from one to
two years:
1st. Having made excessive and unbalanced household or personal expenses with
relative to his fortune, considering the circumstances of his rank and family.
2nd. Having suffered, in any kind of gambling, losses that exceed what by way of
recreational adventure in entertainment of this kind, a good family man.
3rd. Have had losses on large bets, simulated purchases and sales and other
exhaustion operations, the success of which depends exclusively on chance.
4th. Having disposed of, with notable depreciation, assets whose price is owed.
5th. Delay your presentation in competition, when your liability is three times greater than
your asset.
They will be punished as accomplices of the crime foreseen in this article, those who execute
with respect to the bankrupt, any of those listed in Article 351 of this
Code.
CHAPTER III
OF CRIMES AGAINST INDUSTRY AND COMMERCE

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INFIDELITY
ARTICLE 355. Who, knowing an industry or trade secret, or another
economic importance and of which he could not freely dispose, disclose or use it
for himself or for a third party, he will be punished with imprisonment from six months to two years and
fine of two hundred to two thousand quetzals.
MISUSE OF TRADEMARK NAME
ARTICLE 356. Whoever misuses the commercial name or the denomination of
establishment corresponding to a third-party or nonexistent company, will be sanctioned with
imprisonment from six months to two years and a fine of one hundred to five hundred quetzals.
The same sanction will be applied to who, as a means of propaganda, is attributed a reward
or distinction that he had not obtained.
COMMERCIAL DISMISSAL
ARTICLE 357. Whoever falsely imputes to another an act that harms him in the
credit, trust or prestige that it deserves in its commercial activities, it will be
sanctioned with a fine of two hundred to two thousand quetzals, if the act does not constitute another
most serious crime.
UNFAIR COMPETITION
ARTICLE 358. Who, through fraudulent machinations, malicious suspicions or
any means of unfair propaganda, I will try to divert for my own benefit or that of a
third, the clientele of an industrial or commercial establishment, will be sanctioned with
fine of two hundred to two thousand quetzals, if the act does not constitute another more serious crime.
CHAPTER IV
OF CRIMES AGAINST THE TAX REGIME
TAX DEFRAUDATION
ARTICLE 358 A. Commits the crime of tax fraud who, through
simulation, concealment, maneuver, ruse, or any other form of deception, induce
error to the Tax Administration in determining or paying the obligation
tax, in a way that causes detriment or impairment in tax collection.
The person responsible will be punished with imprisonment from one to six years and a fine equivalent to
omitted tax.
If the crime is committed by a foreign person, after imposing the sanctions
corresponding and compliance with them, will also impose the penalty of
expulsion from the national territory.
SPECIAL CASES OF TAX DEFRAUDATION
ARTICLE 358 B. The following shall incur the sanctions indicated in the previous article:

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1. Whoever uses merchandise, object or products benefited by exemptions or
franchises, for purposes other than those established in the law that grants the exemption or
franchise, without having covered the taxes that would be applicable to the merchandise,
benefited objects or products.
2. Whoever clandestinely commercializes merchandise evading tax control or payment
of tributes.
It is understood that he acts clandestinely who, being obliged to do so, lacks
trade patent, do not keep accounting books, accounting records and do not have
establishment open to the public.
3. Whoever misuses, destroys or adulterates stamps, stamps, seals and other
means of tax control.
4. Whoever destroys, alters or hides the characteristics of the goods, or omits the
indication of their destination or origin.
5. Whoever makes in whole or in part a false invoice or document, which is not authorized
by the Tax Administration, with the aim of affecting the determination or payment of the
tributes.
6. Whoever keeps double or multiple accounting to negatively affect the determination
or the payment of taxes.
7. Whoever falsifies the official operation marks of the Administration boxes
Tax.
8. Whoever alters or destroys the fiscal control mechanisms, placed in machines
registers or stamps, tax stamps and the like.
If this crime is committed by employees or legal representatives of a person
legal, seeking benefit for it, in addition to the sanctions applicable to the
participants of the crime, a fine equivalent to the amount
of the omitted tax. If recidivism occurs, the legal person will be sanctioned with
the definitive cancellation of the commercial patent.

IMPROPER APPROPRIATION OF TAXES
ARTICLE 358 C. Commits the crime of misappropriation of taxes who, acting
as a collection or withholding agent for their own benefit, of a company or
from third parties, do not report to the tax funds the taxes received or withheld, after
thirty business days from the notification of the request
to find out.
The person responsible will be punished with imprisonment of one to four years and a fine equivalent to
tax received or withheld.

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If the crime is committed by a foreign person, after imposing the sanctions
corresponding and compliance with them, will be imposed, in addition, the penalty of
expulsion from the national territory.
RESISTANCE TO THE SUPERVISORY ACTION OF THE TAX ADMINISTRATION
ARTICLE 358 D. Commits the crime of resisting the supervisory action of the
Tax Administration who, after being required by said
Administration, with the intervention of a competent judge, prevents the actions and proceedings
necessary for the examination and determination of their obligation, refuse to
provide books, records or other accounting documents necessary to establish the
taxable base of taxes, or prevent access to the computer system in relation to the
record of your accounting operations.
The person responsible will be punished with imprisonment of one to three years and a fine equivalent to one
percent (1%) of the taxpayer's gross income, during the monthly period,
quarterly or annually to be reviewed.
If this crime is committed by employees or legal representatives of a person
legal, seeking benefit for it, in addition to the sanctions applicable to the
participants of the crime, a fine equivalent to the amount
of the omitted tax. If recidivism occurs, the legal person will be sanctioned with
the definitive cancellation of the commercial patent.
If the crime is committed by a foreign person, after imposing the sanctions
corresponding and compliance with them, will also impose the penalty of
expulsion from the national territory.
TITLE XI
OF CRIMES AGAINST THE SECURITY OF THE STATE
CHAPTER I
OF BETRAYAL
SELF BETRAYAL
ARTICLE 359. The Guatemalan who takes up arms against the State, or joins the
Enemy, or is put at your service, will be punished with imprisonment from ten to twenty years.
ATTACKS AGAINST THE INTEGRITY AND INDEPENDENCE OF THE STATE
ARTICLE 360. The Guatemalan who executes acts that directly tend to
undermine the integrity of the territory of the Republic, subject it totally or partially to the
foreign domination, compromise their sovereignty or attempt against national unity, will be
sanctioned with prison of ten to twenty years.
IMPROPER BETRAYAL
ARTICLE 361. The foreigner residing in the territory of the Republic, who commits
any of the crimes included in the two preceding articles, will be punished with
prison from five to fifteen years.

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CONCERT WITH A WAR ENDING
ARTICLE 362. The Guatemalan who induces or agrees with the government of a
Foreign state or its agents, proposing to provoke a war or to
carry out acts of hostility against the Republic, will be punished with imprisonment from four to
ten years.
If war is declared, or acts of hostility are carried out, the sanction will be
five to fifteen years.
DEFENSE WEAKENING
ARTICLE 363. Whoever, being the country in a state of war, damages facilities,
means of communication, works or objects necessary or useful for national defense, or that
in any other way tries to damage the war effort of the Nation will be sanctioned
with a prison term of ten to twenty years.
The same sanction will be applied to whoever hides, distracts, destroys or forces them to leave the country,
assets declared necessary for national defense.
POLITICAL DEFEAT
ARTICLE 364. Whoever in time of war diffuses or communicates false news,
exaggerated or biased, which may arouse alarm with detriment of the residence
of the State before the enemy, or develop any activity that harms the interests
nationals, will be punished with a prison term of five to ten years.
INSTIGATION OF THE VIOLATION OF DUTIES
ARTICLE 365. Who, in time of war, publicly incites the disobedience of
an order of the military authorities, or the violation of the duties of the service, or the
desertion will be punished with imprisonment of five to ten years.
DISCLOSURE OF STATE SECRETS
ARTICLE 366. Who, in any way, will reveal secrets regarding security
of the State, already communicating or publishing documents, drawings, plans or other data
relating to material, fortifications or military operations, will be punished with prison
two to five years and a fine of five hundred to three thousand quetzals.
SURVEY OF FORTIFICATION PLANS
ARTICLE 367. Who, without being legally authorized, will raise plans of fortresses,
barracks, ships or boats, arsenals, hangars, roads or other military works, will be
sanctioned with imprisonment from six months to two years and a fine of two hundred to two thousand
quetzals.
AGGRAVATION

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ARTICLE 368. If the facts included in the two previous articles are
committed during an armed conflict, the penalties will be doubled.
CHAPTER II
OF ESPIONAGE
ESPIONAJEGENÉRICO
ARTICLE 369. Commits this crime:
1st. Who in time of war serves as a spy for the enemy, will be punished with prison
ten to twenty years.
2nd. If the espionage takes place in peacetime or in favor of a neutral power, the
The penalty will be five to ten years.
3rd. Whoever seeks or obtains, unduly, secret information, concerning
security, the means of defense or the foreign relations of the State, will be
sanctioned with imprisonment from six months to two years and a fine of two hundred to two thousand
quetzals.
AGGRAVATION
ARTICLE 370. If the events set forth in subsection 3o. from the previous article,
committed during an armed conflict, the person responsible will be imposed twice the
pain.
CHAPTER III
OF THE CRIMES THAT COMMIT THE FOREIGN RELATIONS OF THE
CONDITION
INTRUSION
ARTICLE 371. Who, in Guatemalan territory, carries out activities designed to alter
violently the political order of a foreign State, will be sanctioned with imprisonment of
one to three years and a fine of two hundred to two thousand quetzals.
HOSTILE ACTS
ARTICLE 372. Who without being included in the cases of the previous article,
I will practice hostile acts not approved by the national government, against a State
foreigner, which could give rise to a declaration of war against Guatemala, will be
sanctioned with imprisonment from two to eight years.
The same sanction will be applied to who, in the same circumstances, exposes
Guatemalans to suffer harassment or retaliation against their persons or property, or
I will alter the friendly relations of the national government with a foreign government.
If war results from said hostile acts, the penalty will be doubled.
TRUCE VIOLATION

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ARTICLE 373. Whoever violates the truce or armistice agreed between Guatemala and a
foreign power or among its belligerent forces, will be punished with imprisonment of six
months to three years.
VIOLATION OF IMMUNITIES
ARTICLE 374. Whoever violates the immunities of the head of a foreign State or of a
diplomatic representative before the government of the Republic, will be punished with prison
from six months to three years.
ULTRATION TO THE SYMBOLS OF FOREIGN NATION
ARTICLE 375. Whoever publicly insults, disparages or vilifies the flag,
emblem, shield or anthem of a foreign nation, will be punished with imprisonment of
four months to a year as long as there is reciprocity.
CHAPTER IV
OF CRIMES OF INTERNATIONAL TRANSCENDENCE
GENOCIDE
ARTICLE 376. Whoever, with the purpose of totally or totally destroying
partially a national, ethnic or religious group, do any of the following
facts:
1st. Death of group members.
2nd. Injury that seriously affects the physical or mental integrity of members of the group.
3rd. Submission of the group or members of the same, to conditions of existence that
may produce its physical destruction, total or partial.
4th. Compulsive displacement of children or adults from the group to another group.
5th. Measures intended to sterilize group members or in any other way
prevent their reproduction.
The person responsible for genocide will be punished with a prison term of 30 to 50 years.
INSTIGATION TO THE GENOCIDE
ARTICLE 377. Whoever publicly instigates to commit the crime of genocide, will be
sanctioned with imprisonment from five to fifteen years.
The proposal and the conspiracy to carry out acts of genocide will be sanctioned with
equal pity.
CRIMES AGAINST THE DUTIES OF HUMANITY

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ARTICLE 378. Whoever violates or infringes humanitarian duties, laws or agreements with
regarding prisoners or hostages of war, wounded during military actions, or who
commits any inhumane act against the civilian population, or against hospitals or places
intended for the wounded, will be punished with a prison term of twenty to thirty years.
DEATH OF A FOREIGN HEAD OF STATE
ARTICLE 379. Whoever kills a foreign head of state, who is in the
Republic in official character, will be sanctioned with prison of twenty to thirty years.
Whoever causes injuries to a foreign head of State who is in the Republic in
official character, will be punished with imprisonment from four to eight years.
Any other attack in fact, not included in the previous paragraphs will be
sanctioned with two to four years' imprisonment.
RECIPROCITY PRINCIPLE
ARTICLE 380. When the crimes provided for in the previous articles do not have
indicated a reciprocal penalty in the laws of the country to which the person corresponds
offended, the person responsible will be imposed the sanction that would be proper to the crime in accordance with
the provisions of this Code, if the offended person does not have the official character that
It is mentioned.
TITLE XII
OF CRIMES AGAINST THE INSTITUTIONAL ORDER
CHAPTER I
OFFENSES AGAINST THE CONSTITUTION
VIOLATION OF THE CONSTITUTION
ARTICLE 381. The following will be punished with imprisonment from three to ten years:
1st. Whoever executes acts that tend directly to vary, reform or replace, total or
partially the Constitution of the Republic by means not authorized by the
constitutional order.
2nd. Whoever executes acts not authorized by the constitutional order that tend
directly to limit or reduce, in whole or in part, the powers that the Constitution
granted to state agencies.
3rd. Who through acts of a similar nature indicated in the two previous paragraphs,
tends to vary the regime established in the Constitution of the Republic, for the succession
in the office of President of the Republic.
4th. Whoever executes the same kind of acts to deprive the Vice President of the
Republic, of the powers granted by the Constitution.
REELECTIONARY PROPAGAND

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ARTICLE 382. Whoever makes public propaganda or performs other activities
tending to the re-election of the person who exercises the Presidency of the Republic, or
any other system by which it is intended to violate the principle of alternation or
increase the term set by the Constitution for the exercise of the Presidency of the
Republic, will be sanctioned with imprisonment of two to six years and a fine of two hundred to two
one thousand quetzals.
CHAPTER II
OF CRIMES AGAINST THE PRESIDENTS OF THE BODIES OF THE
CONDITION
CASE OF DEATH
ARTICLE 383. Whoever kills the President of the Republic, Vice President of the
Republic or any of the Presidents of the other State Organisms, will be
sanctioned with imprisonment of 30 to 50 years.
In the event of the death of the President of the Republic or the Vice President, if the
circumstances of the fact, the means used to carry it out and the motives
determining factors, the greater and particular danger of the person in charge is revealed,
the death penalty.
ATTACK AGAINST SENIOR OFFICIALS
ARTICLE 384. Whoever attempts against the life, bodily integrity or freedom of the
President of the Republic, of any of the Presidents of the other bodies of the
State or the Vice President of the Republic, will be punished with imprisonment from five to
fifteen years.
CHAPTER III
OF CRIMES AGAINST THE INTERNAL POLITICAL ORDER OF THE STATE
REBELLION
ARTICLE 385. Those who rise up in arms commit the crime of rebellion, with the purpose
to promote civil war or to depose constitutional government, to abolish or change
the Constitution of the Republic, to vary or suspend, in whole or in part the regime
existing constitutional law or prevent the integration, renewal, free exercise or
functioning of the State Organisms.
The promoters, leaders or leaders of the crime of rebellion will be sanctioned with
imprisonment for five to ten years and a fine of five hundred to five thousand quetzals.
The mere executors of the rebellion will be punished with imprisonment from one to four years.
If as a consequence of the uprising, I cause other crimes, it will be in accordance with the provisions
of this Code on contests.
PROPOSITION AND CONSPIRACY

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ARTICLE 386. The proposition and the conspiracy to commit the crime of rebellion shall be
will punish with imprisonment from six months to two years and a fine of two hundred to two thousand
quetzals.
SEDITION
ARTICLE 387. They commit the crime of sedition who, without ignoring the authority of the
A constituted government, publicly and tumultuously rise to achieve with violence,
any of the following objects:
1st. To depose any or some of the public officials or employees or prevent them from
those who have been legitimately appointed or elected take office.
2nd. Prevent, by direct acts, the promulgation or execution of laws or of
judicial or administrative decisions.
3rd. Exercising acts of hatred or revenge on the person or property of any authority or
your agents.
4th. Exercise, for political or social purposes, any act of coercion against individuals,
against a social class or against the belongings of the State or any public entity.
5th. Raiding prisons or places of detention or attacking those who drive
prisoners or detainees from one place to another, to free them or mistreat them.
The instigators, leaders or leaders of the crime of sedition, will be punished with
imprisonment from one to five years and a fine of one hundred to two thousand quetzals.
The mere executors of the sedition will be punished by imprisonment from six months to two
years.
PENALTY EXEMPTION FOR EXECUTORS
ARTICLE 388. The executors of rebellion or sedition will be exempt from sanction,
when they dissolve or submit to authority, before it directs them
bullying or as a consequence of it.
PUBLIC INCITATION
ARTICLE 389. Those who, publicly or by any means of dissemination, incite
formally and directly to a rebellion or sedition, or give instructions to carry it out,
They will be punished with imprisonment from six months to two years and a fine of one hundred to one thousand.
quetzals.
ACTIVITIES AGAINST THE INTERNAL SECURITY OF THE NATION
ARTICLE 390. They will be punished with imprisonment from one to five years and a fine of
three hundred to three thousand quetzals, who:

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1st. Propagate or promote by word or writing, or by any other means, doctrines that
tend to destroy, through violence, the political, social and legal organization of the
Nation.
2nd. They carry out acts that have the object of sabotage and destruction, paralysis or
disturbance of companies that contribute to the economic development of the country, with the
purpose of harming national production, or important public utility services.
3rd. Help or contribute to financing the organization, development or execution of the
activities sanctioned in the preceding numbers.
4th. Maintain relationships with foreign people or associations, in order to receive
instructions or aid, of any nature whatsoever, to carry out any of the
punishable acts contemplated in this article.
CHAPTER IV
OF CRIMES AGAINST PUBLIC ORDER
TERRORISM
ARTICLE 391. Who, with the purpose of attempting against the constitutional order or
disturb public order, carry out acts aimed at causing fire or causing
havoc or rail, maritime, river or air disasters, will be sanctioned with
prison from five to fifteen years.
If explosive materials of great destructive power are used for the commission of this
crime or, if as a result of it the death or serious injury of one or more
several people, the person responsible will be punished with imprisonment from ten to thirty years.

PUBLIC INTIMIDATION
ARTICLE 392. Who, to instill public fear, cause alarm or stir up riots or
disorder, set off firecrackers or any other similar device, or use raw materials
explosives, or publicly threaten a disaster of common danger, will be
sanctioned with imprisonment from six months to two years.
AGGRAVATED PUBLIC INTIMIDATION
ARTICLE 393. If the facts included in the previous article were committed in a
large gathering of people, or on the occasion of fire, damage, or any other
disaster or calamity, the person responsible will be punished with a prison term of three to ten years.
INSTIGATION TO BE DELINQUENT
ARTICLE 394. Who, publicly, instigates to commit a specific crime, will be
sanctioned with imprisonment from one to four years.
APOLOGY OF CRIME

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ARTICLE 395. Whoever publicly apologizes for a crime or a person
convicted of a crime, will be punished with a fine of one hundred to one thousand quetzals.
ILLEGAL ASSOCIATIONS
ARTICLE 396. Those who promote the organization or operation of associations
that act in accordance or subordinate to international entities that advocate the
communist ideology or any other totalitarian system, or intended to commit crimes, or
take part in them, they will be punished with imprisonment from two to six years.
ILLEGAL MEETINGS AND DEMONSTRATIONS
ARTICLE 397. Those who organize or promote any meeting or demonstration
in violation of the provisions that regulate that right or participate in
they will be punished with imprisonment from six months to two years.
CHAPTER V
OF CRIMES AGAINST SOCIAL TRANQUILITY
ILLEGAL GROUPINGS OF ARMED PEOPLE
ARTICLE 398. Those who organize, constitute or direct groups of people
armed forces or militias other than those of the State, will be punished with imprisonment from three to
ten years.
The same sanction will be imposed on those who help or collaborate economically with the
maintenance of such groupings.
MILITANCE IN ILLEGAL GROUPS
ARTICLE 399. Those who are part of the groups or militias to which it refers
the preceding article, will be punished with imprisonment from two to eight years.
POSSESSION AND CARRYING OF FIREARMS
ARTICLE 400. The possession and carrying of firearms or weapons of war, or ammunition
or accessories for them, whose exclusive use corresponds to the Army of the Republic,
It will be punished with imprisonment from six months to three years and a fine of fifty to one thousand
quetzals.
DEPOSITS OF WEAPONS OR AMMUNITION
ARTICLE 401. Those who have or establish a deposit of arms, ammunition or
of another class of war supplies, whose exclusive use corresponds to the Army of the
Republic, will be sanctioned with imprisonment of two to six years and a fine of two hundred to two
one thousand quetzals.
For legal purposes, the gathering of three or more weapons is considered a deposit of weapons of war.
of said weapons, whatever their model or class, even when they are in
disassembled parts.

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UNAUTHORIZED DEPOSITS
ARTICLE 402. Those who, without being legally authorized, have or establish a
weapons or ammunition depots that are not for the exclusive use of the Army, will be
punished with imprisonment for one to two years and a fine of one hundred to one thousand quetzals.
For the purposes of this article, it is considered a deposit of weapons other than war, the
a meeting of five or more of them, even when they are in disassembled parts.
Exceptions
ARTICLE 403. Whoever has in his residence or abode weapons of
personal use not included in the legal prohibitions.
EXPLOSIVES TRAFFIC
ARTICLE 404. Who, illegitimately, has in his power, will manufacture, transport,
traffic or supply in any way explosive, flammable substances,
incendiary or suffocating, as well as instruments or mechanisms to make them explode,
He will be punished with a prison term of ten to fifteen years.
The same penalty shall apply to anyone who, legitimately possessing said substances or
instruments, will issue or provide them knowingly that they will be used to attack or
execute any of the crimes included in this title.
SPECIAL DISABLING
ARTICLE 405. In the cases provided for in this chapter, if the person responsible is
authorized to manufacture or traffic in the aforementioned substances, weapons or ammunition
in the same, will be applied, in addition, special disqualification for the exercise of his
industry or commerce.
ILLEGAL CARRYING OF WEAPONS
ARTICLE 406. Whoever carries a weapon other than those for the exclusive use of the Army of the
Republic, without being legally authorized, will be sanctioned with a fine of fifty to
three hundred quetzals and confiscation of the weapon.
UNDUE DELIVERY OF WEAPON
ARTICLE 407. Whoever entrusts a firearm, or allows it to be carried, to a minor
age or any person incapable or inexperienced in the handling of weapons, will be sanctioned
with a fine of one hundred to one thousand quetzals.
CHAPTER VI
OF ELECTION OFFENSES
TURBATION OF THE ELECTION ACT

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ARTICLE 407 "A". Anyone who with violence, intimidation or threats seriously disturbs or
prevents the voting or scrutiny of a national or municipal election, it will be
sanctioned with imprisonment from two to eight years.
COERCION AGAINST ELECTIONS
ARTICLE 407 "B". Anyone who, through violence, intimidation or threats to a voter,
prevents you from voting, I will force you to do so when you are not obliged or to do
determined, will be punished with imprisonment from one to five years.
CORRUPTION OF ELECTORS
ARTICLE 407 "C". Prison from one to five years will be imposed on those who, through gifts,
advantages or promises I try to induce a voter, at the time of voting,
not to vote or to vote in a certain way.
VOTER FRAUD
ARTICLE 407 "D". Prison from one to five years will be imposed on whoever impersonates another
voter, or vote more than once in the same election or vote without having the right to
do it.
VIOLATION OF THE SECRET OF THE VOTE
ARTICLE 407 "E". The one who by illicit means will try to discover the way in which a
voter has voted, will be punished with imprisonment from six months to three years.
TITLE XIII
OFFENSES AGAINST THE PUBLIC ADMINISTRATION
CHAPTER I
OF CRIMES AGAINST THE PUBLIC ADMINISTRATION COMMITTED BY
INDIVIDUALS
ATTEMPT
ARTICLE 408. The following commit an attack:
1st. Who, without standing up publicly, use violence for some of the ends
indicated in the crimes of rebellion or sedition.
2nd. Those who attack an official, the authority or their agents, or employ
violence against them, when they are in the exercise of their functions or positions, or with
occasion or on the occasion of them.
Those responsible for the attack will be punished with imprisonment from one to three years.
ENDURANCE

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ARTICLE 409. Whoever opposes the execution of a legal act of an official, or of the
authority or its agents, through violence, will be punished with imprisonment from one to three
years.
SPECIFIC AGGRAVATIONS
ARTICLE 410. The sanctions indicated in the two preceding articles are
will increase by a third when, in the respective cases, one of the
the following circumstances:
1st. If the act is committed by armed hand.
2nd. If the act is committed by three or more people.
3rd. If the author of the act is an official, authority or agent thereof.
4th. If, as a consequence of the action, the authority has acceded to the requirements of
the aggressors.
5th. If he gets hands on the official, authority or agent of it.
I DISCOURAGE THE PRESIDENTS OF THE STATE ORGANIZATIONS
ARTICLE 411. Whoever offends his dignity or decorum, or threatens, injures or
slander any of the Presidents of the State Organisms, it will be
sanctioned with imprisonment from one to three years.
DISMISSAL FROM AUTHORITY
ARTICLE 412. Whoever threatens, insults, slanders or in any other way
offends in their dignity or decorum, an authority or official in the exercise of their
functions or on the occasion of them, will be punished with imprisonment from six months to two years.

PROOF OF IMPUTATION
ARTICLE 413. To the accused of insult against public official or authorities, if
will admit evidence on the truth of the imputation if it is about facts concerning the
exercise of their position. In this case, he will be acquitted if he proves the accusation to be true.
DISOBEDIENCE
ARTICLE 414. Whoever openly disobeys an order of an official,
authority or agent of authority, issued in the legitimate exercise of its powers, will be
sanctioned with a fine of fifty one thousand quetzals.

PUBLIC DISTURBANCES
ARTICLE 415. The following commit a crime of public disorder:

Page 98

1st. Those who disturb the order in the hearing of a court or in public acts or
sessions of a corporation or any authority.
2nd. Those who cause a tumult or seriously disturb the order in an establishment
public or open to the public, in cultural centers or intended for meetings, occasional or
permanent, shows, solemnity or large meeting.
3rd. Those who in a public place, or in any association or large meeting, hold
slogans, flags or symbols that directly provoke the disturbance of order.
4th. Those who prevent or hinder an official from carrying out an act
inherent to their functions.
Those responsible for public disorder will be punished with imprisonment of six months to a
year and a fine of fifty to five hundred quetzals.
ULTRATION TO NATIONAL SYMBOLS.
ARTICLE 416. Who, publicly, insults, disparages or vilifies the flag,
national emblem, shield or anthem, will be punished with imprisonment from six months to two
years.
SEAL VIOLATION
ARTICLE 417. Whoever violates the seals placed by the authority to ensure the
conservation or the identity of a thing will be sanctioned with a fine of one hundred to one thousand
quetzals.
CHAPTER II
OF CRIMES COMMITTED BY OFFICIALS OR BY EMPLOYEES
PUBLIC
AUTHORITY ABUSE
ARTICLE 418. The public official or employee who, abusing his position or his
function, order or commit any arbitrary or illegal act to the detriment of the
administration or individuals, which is not specifically provided for in the
provisions of this Code, will be punished with imprisonment from one to three years.
The same sanction will be imposed on the public official or employee who will use constraints
illegitimate or unnecessary.
BREACH OF DUTIES
ARTICLE 419. The public official or employee who omits, refuses to do or
delay any act of his function or position, will be punished with imprisonment from one to
three years.
DISOBEDIENCE

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ARTICLE 420. The public official or employee who refuses to give due
compliance with judgments, resolutions or orders of higher authority issued within
within the limits of their respective competence and covered by legal formalities, it will be
sanctioned with imprisonment from one to three years and a fine of two hundred to two thousand quetzals.
REFUSAL OF AID
ARTICLE 421. The chief or agent of the police or of any public security force,
that refuses, omits or delays, without just cause, the provision of assistance
legally required by competent authority, will be punished with imprisonment from one to
three years.
DISCLOSURE OF SECRETS
ARTICLE 422. The public official or employee who reveals or facilitates the disclosure
of facts, actions or documents of which he has knowledge by reason of the position
and that by provision of the law must remain secret, will be sanctioned with a fine
from two hundred to two thousand quetzals.
RESOLUTIONS VIOLATING THE CONSTITUTION
ARTICLE 423. The public official or employee who issued resolutions or orders
contrary to express provisions of the Constitution of the Republic or, knowingly,
execute orders or resolutions of this nature issued by another official, or
does not execute the laws whose compliance is incumbent upon him, he will be sanctioned with prison
one to two years and a fine of two hundred to two thousand quetzals.
IRREGULAR DETENTION
ARTICLE 424. The official or person in charge of a prison establishment, who
admit the entry of someone without a legal order from a competent authority, do not
detained at the disposal of the judge or respective authority or does not give due and immediate
compliance with a legally issued release order, will be punished with imprisonment
from one to five years.
The same penalty shall be incurred by the public official or employee who conceals, orders or
I will carry out the concealment of a detainee.
ABUSE AGAINST INDIVIDUALS
ARTICLE 425. The public official or employee who orders undue constraints,
torture, infamous punishments, humiliations or measures that the law does not authorize, against the prisoner or
detained, will be punished with imprisonment of two to five years and absolute disqualification. Same
Sanction will be applied to those who execute such orders.
ANTICIPATION OF PUBLIC FUNCTIONS
ARTICLE 426. Whoever enters a public position or job without having
Once the formalities required by law have been completed, it will be sanctioned with a fine of two hundred to one
one thousand quetzals.

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The same sanction will be imposed on the official who admits a subordinate in the performance
of the position or employment, without having complied with the legal formalities.
EXTENSION OF PUBLIC FUNCTIONS
ARTICLE 427. Whoever continues to exercise employment, position or commission after
should cease according to the respective law or regulation, it will be sanctioned with a fine of
two hundred to one thousand quetzals and special disqualification for one to two years.
EMOLUMENT RESTITUTION
ARTICLE 428. The official or employee responsible for any of the crimes
provided for in the two preceding articles, that he has received rights or
emoluments by reason of their position or employment before being able to perform it or after
If they should have stopped, they will be obliged to restore them, without prejudice to compliance with the
sanction indicated.
ABANDONMENT OF POSITION
ARTICLE 429. The public official or employee, who with damage to the service,
leave his position without having legally ceased in his performance, he will be sanctioned
with a fine of one hundred to one thousand quetzals.
COLLECTIVE ABANDONMENT OF FUNCTIONS, POSITIONS OR JOBS
ARTICLE 430. Officials, public employees, employees or dependents of
public service company, who collectively abandon their position, job or
service, will be punished with imprisonment from six months to two years.
If the abandonment causes damage to the public cause or it involves bosses, promoters or
organizers of collective abandonment, those responsible will be imposed twice the
indicated penalty.
PRIVILEGE INTRACTION
ARTICLE 431. The public official or employee who detains or prosecutes a
official who enjoys a preliminary hearing or other prerogatives, without observing the formalities
established by law, it will be sanctioned with a fine of fifty to five hundred quetzals.
ILLEGAL APPOINTMENTS
ARTICLE 432. The public official or employee, who, knowingly, proposes or
I will appoint for a public position or employment a person who does not meet the requirements
that the law requires, will be sanctioned with a fine of one hundred to five hundred quetzals.
USURPATION OF ATTRIBUTIONS
ARTICLE 433. The public official or employee who, knowingly, arrogates
faculties that do not correspond to his position, or he assumes attributions that do not
compete, will be punished with imprisonment from six months to two years and a fine of two hundred to
two thousand quetzals.

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SEAL VIOLATION
ARTICLE 434. The public official or employee who orders the opening, opening or
consents that another open closed papers or documents whose custody is
entrusted, it will be sanctioned with a fine of two hundred to two thousand quetzals.
FALSEHOOD
FROM
CABLEGRAPHICS

OFFICES

TELEGRAPHICS,

RADIOGRAPHICS

ARTICLE 435. The official or employee of the telegraph service that supposes or
I will falsify a telegraphic dispatch, it will be sanctioned with prison of one to three years.
The same sanction will be applied to the officials or employees of the radiogram services.
or cablegrams, which suppose or falsify dispatches corresponding to their
respective services.
Whoever makes use of the false office, with the intention of profit or intention to cause damage
to another, he will be sanctioned as if he were the forger.
ILLEGAL SEIZURE
ARTICLE 436. The public official or employee who raids a domicile without the
formalities prescribed by law or outside the cases that it determines, will be
sanctioned with imprisonment from one to four years.
RESPONSIBILITY OF THE OFFICER
ARTICLE 437. The official or minister of worship, duly authorized, who
authorize a marriage knowing the existence of an impediment that causes its
absolute nullity, will be punished with imprisonment of two to six years and special disqualification
for the term set by the court, which may not exceed six years.
If the official or minister of worship has acted guiltily, he will be sanctioned
only with a fine of two hundred quetzals.
INOBSERVANCE OF FORMALITIES
ARTICLE 438. The official or minister of worship, duly authorized, who
proceed to the celebration of a marriage without having observed the formalities
required by law, even if it does not produce nullity, it will be sanctioned with a fine of two hundred
to a thousand quetzals.
ARTICLE 438 BIS. Members of the Police who operate in the country, who ingest
alcoholic or fermented beverages when wearing a uniform, carry the weapons of your
team, will be sanctioned with imprisonment of one to three years and absolute disqualification
in accordance with the provisions of paragraphs 2 and 3 of article 56 of the Penal Code.
CHAPTER III
OF BRIBERY CRIMES

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PASSIVE BRIBERY
ARTICLE 439. The public official or employee who requests or receives, by himself or by
intermediate person, gift or present, or accept offer or promise to carry out a
act related to the exercise of their position or employment, or for abstaining from an act that should
practice, will be punished with imprisonment from one to five years and a fine of one hundred to three thousand
quetzals.
When the public official or employee compels or induces the gift, present,
offer or promise, the penalty will be increased by one third.
CONCURRENCE WITH ANOTHER CRIME
ARTICLE 440. When the gift or present requested, received, offered or
betrothed, whose object is to carry out an act that constitutes a crime, the sanction
indicated in the preceding article will be imposed, without prejudice to what is related to the contest
of the crime.
BRIBERY OF ARBITRATORS, EXPERTS OR OTHER PEOPLE WITH PUBLIC FUNCTION
ARTICLE 441. The provisions of the two preceding articles are applicable to arbitrators,
experts or any person who performs, occasionally or permanently, a
public function or position.
ACTIVE BRIBERY
ARTICLE 442. Those who, with gifts, presents, offers or promises try to
bribery or bribery public officials or employees, will be sanctioned with
the same penalties that correspond to the bribed.
ILLICIT ACCEPTANCE OF GIFTS
ARTICLE 443. The public official or employee who accepts gifts, present,
offers or promises of people who have a pending matter before him, it will be
sanctioned with a fine of one hundred to three thousand quetzals.
SPECIAL DISABLING
ARTICLE 444. In addition to the sanctions indicated in articles 439, 440 and 441,
For the bribed, the accessory penalty of special disqualification will be applied to them for
double time of the custodial sentence.
CHAPTER IV
OF THE CRIMES OF PESULATION AND MISCELLANEOUS
PECULATION
ARTICLE 445. The public official or employee who subsists or consents that another
steal money or public effects that are in charge, by reason of their functions, it will be
punished with a prison term of three to ten years and a fine of five hundred to five thousand quetzals.

Page 103

The same sanction will be applied to the public official or employee who will use, for the benefit
own, work or services paid for with public funds.
GUILT SINNER
ARTICLE 446. The public official or employee who, due to negligence or lack of zeal,
gives occasion for another person to steal money or effects
public services that the preceding article deals with, will be sanctioned with a fine of one hundred to one thousand
quetzals.
EMBEZZLEMENT
ARTICLE 447. The public official or employee who gives the funds or effects
that I will administer an application different from that to which they were intended, it will be
sanctioned with a fine of one hundred to one thousand quetzals.
The sanction indicated will be doubled, if as a result of the embezzlement
damage or disruption of the service will result from the flows or effects being
consigned.
PAYMENT SLIP
ARTICLE 448. The public official or employee who, having expedited funds,
unjustifiably delay an ordinary payment or ordered by a competent authority, it will be
sanctioned with a fine of one hundred to one thousand quetzals.
The same sanction will be imposed on the public official or employee who, legally required
refuse to deliver money or effects deposited or placed in their custody or
administration.
CHAPTER V
OF ILLICIT NEGOTIATIONS
CONCUSSION
ARTICLE 449. Commits the crime of concussion:
1st. The public official or employee who, directly or indirectly or by acts
simulated, is interested in any contract or operation in which it intervenes by reason of
office. This provision is applicable to arbitrators, experts, accountants, tutors,
executors and trustees, with respect to the functions they perform as such.
2nd. The public official or employee who, for profit purposes, files his
influence to obtain a resolution of any authority, or opinion that must
pronounce before it.
Those responsible will be punished with imprisonment of one to three years and a fine of
three hundred to three thousand quetzals.
FRAUD

Page 104

ARTICLE 450. The public official or employee who, intervening by reason of his
charge in any commission of supplies, contracts, adjustments or settlements of effects of
public assets, will agree with interested parties or speculators, or will use
any other device to defraud the State, will be sanctioned with imprisonment from one to
four years.
ILLEGAL EXACTIONS
ARTICLE 451. The public official or employee who demands contribution, tax,
illegal rate or arbitration or greater than those that correspond, will be sanctioned with imprisonment
from six months to two years and a fine of fifty to three hundred quetzals.
If the public official or employee converts the
product of the levies expressed in the preceding paragraph, the penalties
indicated will be doubled.
IMPROPER PAYMENT
ARTICLE 452. The public official or employee who authorizes receipts or vouchers
fictitious or who collects them, will be sanctioned with imprisonment of one to three years and a fine of
three hundred to three thousand quetzals.
TITLE XIV
OF CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
CHAPTER I
OF CRIMES AGAINST JUDICIAL ACTIVITY
FALSE ACCUSATION AND COMPLAINT
ARTICLE 453. Whoever falsely imputes to any person facts that, if they were
certain, would constitute a crime of those that give rise to ex officio procedure, if this
imputation is made before an administrative or judicial official who by reason of his position
should proceed to the corresponding investigation, will be sanctioned with imprisonment from one to
six years.
Proceedings may not be made against the complainant or accuser except when, in the
respective dismissal or acquittal, the
accusation or complaint.
CRIME SIMULATION
ARTICLE 454. Whoever falsely affirms before an administrative or judicial official that
has committed a crime of those that give rise to ex officio procedure, or simulates the
existence of material evidence in order to induce the instruction of a process, it will be
sanctioned with imprisonment from six months to two years.
FALSE ACCUSATION OF PRIVATE CRIME
ARTICLE 455. The provisions of the two preceding articles are applicable,
also, to the accusation or denunciation of crimes that cannot be prosecuted ex officio,

Page 105

when they are made by persons to whom the law recognizes the right to
formulate them.
SELF-IMPUTATION
ARTICLE 456. Who, by means of a declaration before the competent authority, is attributed to
himself a crime that has not been committed or that has been perpetrated by another person, will be
sanctioned with a fine of one hundred to one thousand quetzals.
OMISSION OF COMPLAINT
ARTICLE 457. The public official or employee who, by reason of his position, has
knowledge of the commission of an act classified as a crime of public action and,
knowingly, omit or delay making the corresponding complaint to the judicial authority
competent authority, will be sanctioned with a fine of one hundred to one thousand quetzals.
The same sanction shall be incurred by the individual who, being legally bound, shall cease to
report.
COLLUSION
ARTICLE 458. Who, through collusive agreement or using any other form
illicit, avoid the summons or appearance in the judgment of a third party or provoke resolutions that
harm the rights of the same, will be punished with imprisonment from six months to two
years and with a fine of two hundred to two thousand quetzals.
In the same sanctions, in addition to the corresponding accessory, the
lawyers who knowingly direct, sponsor or carry out the formalities and requests
respective.
CHAPTER II
OF PERJURY AND FALSE TESTIMONY
PERJURY
ARTICLE 459. Whoever, before the competent authority, swears to tell the truth commits perjury.
and I will miss her with malice.
The person responsible for this crime will be punished with imprisonment from six months to three years and
fine of fifty to one thousand quetzals.
FALSE TESTIMONY
ARTICLE 460. The witness, interpreter, translator or expert commits false testimony that in
your statement or opinion before the competent authority or notary, affirms a falsehood,
I will refuse to testify being obliged to do so or will hide the truth.
The person responsible for false testimony will be punished with imprisonment from six months to three years
and a fine of fifty to one thousand quetzals.

Page 106

If the false testimony is committed in criminal proceedings against the defendant, it will be
sanctioned with imprisonment from two to six years and a fine of two hundred to two thousand quetzals.
The sanctions indicated will be increased by one third if the false testimony is
committed through bribery.
PRESENTATION OF FALSE WITNESSES
ARTICLE 461. Who, knowingly, presents false witnesses in judicial matter or
administrative or notary, will be punished with imprisonment from six months to two years and
fine of fifty to one thousand quetzals.
If the presentation has been made by bribing the false witnesses, it will be imposed
the same penalty that corresponds to the bribed.
CHAPTER III
OF PREVARICATION
PREVARICATE
ARTICLE 462. The judge who, knowingly, dictates resolutions contrary to the law or the
based on false facts, will be punished with imprisonment from two to six years.
If the resolution issued consists of a conviction in criminal proceedings, the
The penalty will be from three to ten years.
CULPOS PREVARICATE
ARTICLE 463. The judge who, due to inexcusable negligence or ignorance, will dictate
resolutions contrary to the law or based on false facts, will be sanctioned with a fine
from one hundred to one thousand quetzals and special disqualification for one to two years.
ARBITRATORS PRE-VARICATE
ARTICLE 464. The provisions of the first paragraph of Article 462 and in the article
above, will be applicable, in their respective cases, to the arbitrators.
UNFAITHFUL SPONSORSHIP
ARTICLE 465. The lawyer or judicial representative who, in any way, harms
deliberately the interests entrusted to him, will be sanctioned, provided that
the act will not constitute a more serious crime, with imprisonment of one to three years and
special disqualification for double time of the sentence.
DOUBLE REPRESENTATION
ARTICLE 466. The lawyer or judicial representative who, having taken the defense,
direction or procurement of a party, I will later represent the opposite in the same
matter, help or advise, will be sanctioned with a fine of two hundred to two thousand
quetzales and special disqualification from one to two years.

Page 107

PREVARICATE OF REPRESENTATIVES OF THE PUBLIC MINISTRY
ARTICLE 467. The provisions of the two preceding articles shall apply, in the
respective cases, to officials or representatives of the Public Ministry.
CHAPTER IV
OF THE DENIAL AND DELAY OF JUSTICE
MALICIOUS DELAY
ARTICLE 468. The judge who does not give effect to a request presented legally or who
will maliciously delay the administration of justice, will be sanctioned with a fine of
one hundred to two thousand quetzals and special disqualification for one to two years.
DENIAL OF JUSTICE
ARTICLE 469. The judge, the representative of the Public Ministry or the official, authority
or agent of the latter who, failing to fulfill the obligation of his position, will maliciously
promote the prosecution and prosecution of criminals, will be punished with a fine
from one hundred to two thousand quetzals and special disqualification for one to two years.
The judge who refuses to judge will be sanctioned with the same penalties, claiming
darkness, insufficiency or silence of the law.
CHAPTER V
BREACH OF SENTENCE AND ESCAPE OF PRISONERS
EVASION
ARTICLE 470. Whoever, being arrested or convicted, evades, will be sanctioned
with imprisonment from five to fifteen years and a fine of twenty-five thousand to fifty thousand quetzals.
If the act was committed using violence, the sanction will be doubled.
COOPERATION IN EVASION
ARTICLE 471. Whoever seeks or favors the evasion of a detained person or
convicted of a crime, will be punished with imprisonment from three to twelve years and a fine of
twenty-five thousand to fifty thousand quetzals.
If the person responsible is an official or trusted employee in charge of the custody or
guard of the escapee, or if the act was committed using violence, the sanction will be
it will double.
GUILTY EVASION
ARTICLE 472. The public official or employee directly in charge of the
custody or guardianship of a person arrested or convicted of a crime, who culpably
occasion for him to escape, he will be punished with imprisonment from three to twelve years.
Riot of prisoners

Page 108

ARTICLE 473. Those detained or convicted who riot, disturbing the order or
the discipline of penal establishments, will be punished with imprisonment from one to three
years.
The ringleaders or leaders of the riot will be punished with the prescribed penalty,
increased by one third.
CHAPTER VI
OF COVERAGE
OWN COVERAGE
ARTICLE 474. He is responsible for his own concealment, who without concert,
collusion or prior agreement with the perpetrators or accomplices of the crime but with
knowledge of its perpetration, intervenes later, executing some of the
following facts:
1st. Hide the offender or facilitate his escape.
2nd. Denying the authority, without justified reason, the surrender of a accused, persecuted or
offender who is in the residence or abode of the requested person.
3rd. Assist the perpetrator or accomplice to evade investigations by the authority or escape from
the investigation of this one.
4th. Receive, hide, suppress, disable, take advantage of, keep, hide, traffic or negotiate,
in any form, objects, effects, instruments, evidence or traces of crime.
Those responsible for the crime of concealment will be punished with imprisonment of two
months to three years.
IMPROPER COVERAGE
ARTICLE 475. The person who:
1st. I will usually house, hide or protect criminals or, in any way,
conceal weapons or effects of crime, even if he has no specific knowledge of the
same.
2nd. Having to presume, according to the circumstances, the commission of the crime, I will carry out
any of the facts referred to in the previous article.
The person responsible for the crime referred to in the first paragraph of this article, is
It will punish with two to four years' imprisonment.
The person responsible for the crime referred to in the second paragraph of this article, is
It will sanction with a fine of fifty to one thousand quetzals.

Page 109

If the person in charge has business of the objects in question or carries out activities of
habitual traffic with them, whether new or used, the penalty will be six months
two years and a fine of one hundred to two thousand quetzals.
PENALTY EXEMPTION
ARTICLE 476. Those who have committed the crime of
concealment in favor of a relative within the degrees of law, spouse, common-law or
person in fact united, unless they have taken advantage of or helped the offender or
take advantage of the effects of crime.
TITLE XV
OF ILLICIT GAMES
SINGLE CHAPTER
ILLEGAL GAMES
ARTICLE 477. Bankers, administrators, businessmen, managers or others
people in charge and owners of gambling houses of luck, stake or chance, will be
punished with imprisonment from one to five years and a fine of one thousand to ten thousand quetzals.
ASSISTANCE
ARTICLE 478. The people who attend the gambling houses of luck, stake or
randomly, they will be sanctioned with a fine of two hundred to two thousand quetzals.
ILLEGAL LOTTERIES AND RAFFLES
ARTICLE 479. Entrepreneurs and vendors of lottery or raffle tickets, do not
legally authorized, they will be sanctioned with a fine of fifty to one thousand quetzals.
BOOK THREE
OF FOULS
SOLE TITLE
CHAPTER I
OF THE GENERAL PROVISIONS
ARTICLE 480. In the matter of faults, the provisions contained in the
First Book of this Code, as appropriate, with the following
modifications:
1st. Only the perpetrators can be punished for faults.
2nd. Only consummated offenses are punishable.
3rd. The confiscation of the instruments and effects of the offenses, provided for in Article 60, will be
decreed by the courts according to the circumstances.

OR

Page 110

4th. Repeated offenses will not be appreciated after one year has elapsed from the date.
of the previous sentence.
5th. The established security measures can be applied to the authors of the faults
in this Code, but in no case should they exceed one year.
6th. Only those acts that, in accordance with this Code, are not punished
constitute a crime.
CHAPTER II
OF FOULS AGAINST PEOPLE
ARTICLE 481. It will be sanctioned with arrest of twenty to sixty days:
1st. Whoever causes another injury that causes illness or disability for the
I work for ten days or less.
2nd. Who, finding a child under twelve years old abandoned, does not
I will introduce your family or authority, or stop taking you to a safe place.
3rd. Whoever, in a tumultuous quarrel, has exercised any violence on the person of the
offended, provided that he has only suffered minor injuries and it is not stated who was
the author.
ARTICLE 482. If the fact is not included in the provisions of the Book
Second of this Code, will be punished with arrest of twenty to sixty days:
1st. Whoever does not succor or aid a person who finds in an uninhabited place,
injured or in danger of perishing, when he can do so without risk or detriment of his own.
2nd. Who, in word, impelled by anger, threatens another with evil that
constitutes a crime, and by your subsequent acts show that you do not persist in the idea that
he meant with his threat.
3rd. Whoever causes another unjust coercion or humiliation.
4th. Spouses, common-law partners or common-law partners who scandalize with
their domestic dissensions.
5th. Whoever threatens another with a weapon or takes it out in a fight, except in the case of
legitimate defense.
ARTICLE 483. The following will be punished with arrest of fifteen to forty days:
1st. Whoever causes injuries that do not prevent the offended from devoting himself to his usual work.
2nd. Whoever mistreats his spouse, a person with whom he is in fact united or
partner, when it does not cause injury.
3rd. Who, without being included in Article 141, throws stones or objects without
cause you harm.

Page 111

4th. Whoever mistreats another person without causing injury.
5th. Whoever verbally threatens another with causing an evil that does not constitute a crime.
6th. The parent or guardian or custodian of a minor, who exceeds his
correction, provided it does not cause injury.
7th. Those in charge of the custody or custody of minors, who abandon them
exposing them to corruption, or failing to provide them with assistance and education.
8th. Whoever is accompanied by minors in vagrancy or begging, or
make them work in violation of labor laws and regulations.
9th. Who, being obliged and able to provide food, resists to comply
with its obligation, giving rise to a legal claim.
ARTICLE 484. It will be sanctioned with arrest of ten to thirty days:
1st. Who will lightly enrage another, if he denounces the offended.
2nd. Who, required by another to avoid an evil, will stop rendering aid, if he does not
It may result in injury or damage.
CHAPTER III
OF FOULS AGAINST PROPERTY
ARTICLE 485. The following will be punished with arrest of twenty to sixty days:
1st. Whoever commits theft of personal property whose value does not exceed one hundred quetzals.
2nd. Whoever commits fraud, misappropriation or other fraud whose patrimonial damage
do not exceed two hundred quetzals.
3rd. Whoever finds a lost thing will not hand it over to the authority or his own
owner if he knows who it is, and disposes of it as his own, when its value does not exceed
of three hundred quetzals.
4th. Who, for interest or profit, interprets dreams, makes divinations or predictions, or
I will abuse public credulity in another similar way.
5th. Whoever acquires objects of suspicious origin, bought from a minor or a
person who can be presumed not the rightful owner.
6th. Whoever destroys, deteriorates or damages, partially or totally, a foreign thing,
causing damage that does not exceed ten quetzals.
7th. Whoever destroys or destroys, totally or partially, hut, shelter, hedges, fences,
fences or other defenses of the properties, if the fact does not constitute a crime, or who
I will cause damage by throwing any kind of objects from outside.

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8th. Whoever enters into a fenced-in inheritance, if his condition of
private property or the prohibition to enter.
9th. Who, without authorization, will enter to hunt or fish in a closed estate or field
forbidden.
10. Whoever enters an inheritance or someone else's field to take fruits or eat them on the spot.
11. Whoever enters into a foreign property or field or takes fruits, crops or other products
foresters to throw them on the spot to animals, if the value does not exceed ten quetzals.
12. Who will cause a fire, if the fact is not constitutive of a crime.
ARTICLE 486. Whoever introduces, will be punished with arrest of thirty to sixty days,
of purpose, animals in inheritance or nearby foreign field and will cause damage, if the fact does not
constitutes a crime.
The same sanction will be applied, if the cattle enter due to abandonment or negligence of the owner.
or the caregiver.
ARTICLE 487. The following will be punished with arrest of fifteen to sixty days:
1st. Whoever produces a fire of any kind that is not included as a crime in
the Second Book of this Code.
2nd. Whoever causes damage of those included in this Code whose amount does not exceed
five hundred quetzals ".
3rd. Who will cut down trees in another's inheritance causing damages that do not exceed twenty
quetzals.
4th. Who, taking advantage of waters that belong to another or distracting them from their course,
I will cause damage whose amount does not exceed twenty quetzals.
ARTICLE 488. If the acts referred to in this chapter are committed with violence
and they do not constitute a crime, the penalty will be doubled.
CHAPTER IV
OF FAULTS AGAINST GOOD CUSTOMS
ARTICLE 489. The following will be punished with arrest of ten to fifty days:
1st. Whoever, while intoxicated, causes a scandal or endangers or risks his
own safety or that of others.
If drunkenness is habitual, the court may apply the security measure that
consider pertinent.
2nd. Who, in a public place or open to the public, or in private meeting places, of
any species, is caught in a state of psychic alteration due to the use of drugs or
toxic or narcotic substances.

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In this case, the court may agree on the security measure it deems appropriate.
3rd. Whoever incites a minor to gambling, drunkenness or any other kind of act
immoral or harmful to your health, or facilitate the entrance to gambling dens, houses of prostitution or
other similar sites.
4th. Who in an establishment or places open to the public serves or provides
minors, alcoholic or intoxicating beverages, or allow their stay in
they.
5th. The owner of public shows, in charge of the administration, surveillance or
admission of the same, which allows the entry of minors when they are carried out
exhibitions forbidden for their age, as well as who will take them to witness them.
6th. Whoever publicly offends modesty with songs, allegories or other material
pornographic or obscene.
7th. Who, in any way, offends women with requests or propositions
improper, incorrect, disrespectful or obscene or follow them or annoy them with any
improper purpose.
CHAPTER V
OF THE OFFENSES AGAINST THE GENERAL INTERESTS AND REGIME OF THE
POPULATIONS
ARTICLE 490. Whoever commits acts of cruelty against animals or without necessity
bother them, or make them pull or carry an obviously excessive load, it will be
sanctioned with arrest of five to twenty days.
ARTICLE 491. The doctor, surgeon, midwife or person who exercises any activity
health that, having provided professional assistance in cases that present
characters of public crime, against people, does not immediately report to the
authority, will be punished with arrest of twenty to sixty days.
ARTICLE 492. Who, having received false currency in good faith and after
notice its falsehood circulate it in an amount that does not exceed five quetzales, it will be
sanctioned with arrest of five to thirty days.
ARTICLE 493. The following shall be punished with arrest of twenty to sixty days:
1st. The owners or managers of establishments that sell or serve drinks or
edible, without observing the regulations or provisions of the health authorities
relating to the use and conservation of the tools intended for the service or dispatched
products that are adulterated or that in any way are harmful to health.
2nd. Those who violate sanitary provisions relating to corpses, burials or
exhumations, in the cases that are not foreseen in the Second Book of this Code.
3rd. Those who, with acts that do not constitute a crime, disrespect due
corpses, cemeteries or burial places.

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ARTICLE 494. It will be sanctioned with arrest of ten to sixty days:
1st. The person in charge of the custody or custody of a mentally ill person who will let him wander
streets or public places without proper surveillance.
2nd. The owner of ferocious animals that can cause harm and that let them loose or
in a situation of causing harm.
3rd. Whoever violates the regulations or ordinances of the authority on the preparation and
custody of flammable or corrosive materials.
4th. Who, violating orders of the authority, does not carry out or neglect the repair or
demolition of dilapidated or dilapidated buildings.
5th. Who, in a public or frequented place, will shoot a firearm.
6th. Who obstructs sidewalks, streets or public places with objects or artifacts of
any class.
7th. Whoever has outside his house, on the street or public highway, objects that
may cause harm.
8o Whoever violates the security rules concerning the deposit of materials,
opening of wells or excavations.
9th. Whoever travels in vehicles or horses, in a dangerous way, through places or places
where there is an agglomeration of people.
10. Whoever refuses to receive legitimate currency in payment.
11. The dealer or seller who has measures or weights arranged with artifice to
defraud or when in any way violates the regulations corresponding to the
trade to which he is dedicated.
12. Whoever defrauds in the sale of substances, articles or objects, whether in their
quality, either in quantity or by any means not expressly punished.
13. Whoever violates the regulations, orders or parties on epidemics or extinction of
pests.
14. Whoever throws dead animals, garbage or debris on the streets or in public places or
where it is forbidden to do so, or dirty fountains or troughs.
15. Whoever infringes legal provisions on the manufacture of fetid substances,
unhealthy or dangerous or throw them out on the streets.
16. Whoever gives public performances or holds meetings without the proper license or
exceeding that which is granted.

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17. Whoever opens an establishment of any kind without a license from the authority, when
necessary.
18. Whoever removes, breaks or disables posters, signs or notices posted by the
authority for public knowledge.
ARTICLE 495. Those who, in any way, violate the regulations or
provisions of the authority related to common security, public order or health
public, they will be sanctioned with arrest of fifteen to thirty days.
CHAPTER VI
OF THE FOULS AGAINST THE PUBLIC ORDER
ARTICLE 496. The following will be punished with arrest of twenty to sixty days:
1st. Whoever slightly disturbs public order or the order of a court, or in acts
publics, shows, solemnities or numerous meetings.
2nd. The subordinate of the civil order who lacks respect and submission due to his
superiors, when the fact does not have a greater penalty indicated in this Code or in other
laws.
3rd. Whoever disregards the respect and consideration due to authority or disobeys it
slightly.
4th. Whoever offends in a way that does not constitute a crime, the agents of the authority,
when they exercise their functions.
5th. Who does not provide due assistance in case of crime, fire, shipwreck, accident,
flood or other calamity, being able to do it without harm or personal risk.
6th. Who, through noise or racket, or by abusing sound instruments, will disturb
the occupations or the rest of the people, or the shows, meetings or diversions
public.
7th. Whoever stones or stains statues, paintings, monuments, buildings or causes a
any damage in the streets, parks, gardens, walks, lighting and other objects of
decoration or public utility or recreation, even when they belong to individuals and who,
Either way, it infringes the provisions dictated on the decoration of the populations.
8th. Who, in rounds or other nocturnal amusements, disturb public order without committing
crime.
ARTICLE 497. Whoever conceals their
true name, state, address or other identification data, to the official or
public employee required by reason of their position.
CHAPTER VII
OF THE OFFENSES AGAINST THE TAX LEGAL ORDER
ARTICLE 498. It will be sanctioned with arrest of ten to sixty days:

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1. The public official or employee who authorizes or carries out the loading of machinery
stamping machines for tax stamps, without the machines being duly authorized
to operate, or the tax that
it can be carried.
2. The withholding agent that does not extend to the taxpayer, the proof of
retention that according to the law corresponds.
3. The public official or employee who, by reason of his position, receives taxes paid
by check and does not comply with the ientify (sic) on the back of the check.
a) To the individual or legal person who owns the account in charge of which the
check.
b) the tax that is paid; Y,
c) The cash transaction number.
In the offenses typified in numerals one and three of this article, in addition to the
sanction of arrest, the official or public employee author of the
the lack.
GENERAL DISPOSITION
ARTICLE I. For criminal purposes it is understood:
1st. For movable property, goods that can be moved from one place to another without detriment to
themselves or the property where they are placed and the livestock, in any case.
2nd. By public official who, by provision of the law, by popular election or
legitimate appointment, office or command, jurisdiction or representation, of a nature
official.
Notaries will be reputed as officials when it comes to crimes they commit
on the occasion or on the occasion of acts related to the exercise of their profession.
By public employee who, without legal powers of his own determination, performs or
executes what is commanded, or performs duties of agent or guardian of public order.
For the purposes of the two previous paragraphs, it should be understood that the officials or
Public employees continuously exercise their functions, as long as they are not removed.
3rd. By weapon, any object or instrument, intended to offend or defend oneself, the
explosive or corrosive substances and asphyxiating or corrosive gases and all instruments
fit to harm when worn in a form to instill fear.
4th. By violence, physical or psychological or moral. The first is a manifestation of strength
about people or things; the second is intimidation of people. It will be understood that there
the latter, when hypnosis, narcosis or deprivation of reason or sense concur, already
whether the active subject provokes the situation or takes advantage of it.

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5th. For unjust the illegal.
ARTICLE II. The judge, in all cases of concurrence of crimes, is obliged to
apply the provisions relating to contests.
ARTICLE III. The rustic farm owner, his legal representative, tenant,
usufructuary, administrator or whoever takes his place, is equated to an agent of the
authority, within the constituency of the property in question.
ARTICLE IV. The provisions of this Code do not affect matters included in laws
constitutional or in special jurisdictions.

FINAL PROVISIONS
Single item
1st. While the corresponding centers are created, organized and installed for the
compliance with the respective provisions of this Code, the official
existing to date. In special cases and in a duly regulated manner, with
intervention of the organisms and entities that may be necessary, the
provision of services of this nature with individuals or private entities.
2nd. This Code shall enter into force on September 15, one thousand nine hundred and seventy
three and will be published in the Official Gazette.
3rd. Since this Code enters into force, the Penal Code is repealed
currently in force, contained in Decree number 2164 of the Legislative Assembly of the
Republic of Guatemala, issued on April 29, one thousand nine hundred thirty-six and
the laws that have modified it, as well as all other legal provisions
who oppose this Code.
4th. The laws and provisions of a criminal nature contained in laws remain in force.
special in everything that is not foreseen in this Code.

Go to the Executive Branch for publication and compliance.
Given at the Palace of the Legislative Organism, in Guatemala City, at five
day of the month of July one thousand nine hundred and seventy-three.
MARIO SANDOVAL ALARCON
President.
MANFREDO HEMMERLING MORALES
3rd. Secretary.
JUAN ANTONIO GONZALES ORTEGA
4th. Secretary
National Palace: Guatemala, July twenty-seventh, nineteen hundred and seventy-three.

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Be published and enforced.
CARLOS ARANA OSORIO
The Minister of the Interior
ROBERTO HERRERA IBARGUEN.
FOUNTAIN
Penal Code and Statement of Motives. 1st ed. Guatemala. Special Editions, Edition
Collection of Legal Topics, s / fe, 332 p.
Text provided by Lic. Héctor A. De León Velazco to the Latin American Institute
of the United Nations for the Prevention of Crime and Treatment of Offenders
(ILANUD).
Collated by Lic. Jacqueline Reyes Galicia, Legislative Investigator of the Supreme
Court of Justice of Mexico (SCJN).

