JUDICIAL SYSTEM

AGENDA: OFFICER POSITION II

1. ACCEPTIONS OF THE WORD LAW

1.1. Definition of right

The word law comes from the Latin term directum, which means “what is in
accordance with the rule.” Law is inspired by postulates of justice and constitutes the
normative and institutional order that regulates human behavior in society . The basis
of law is social relations, which determine its content and character. In other words,
law is a set of rules that allow conflicts to be resolved within a society .

1.2. natural law

Set of those principles that are derived from reason alone, or from those rules that
naturally arise from the fact that men are freely in society.

Fair regulation of any specific situation, present or future, admitting the variety of its
contents, in relation to the always new conditions and demands of each special
situation.

Set of criteria, principles and some ethical norms, which constitute the fundamental
element of all existing or possible rights.

1.3. Subjective and objective law

Subjective law :
1) Power that the subject has, under the protection of the law, to carry out certain
acts freely and to the exclusion of others.
2) Power that a subject has to execute certain conduct or abstain from it, or to
demand that another subject comply with his or her duty.
3) The faculty, power, claim or authorization that a subject has in accordance with
the legal norm against another or other subjects.

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4) The power of the subject to carry out or not carry out a certain form of conduct
protected by law.
5) It is therefore a faculty, a power, a possibility or pretension; but because this is
its nature, it must be considered as something that is within the person himself
or that its origin is precisely in the soul life of the person, because then we
would have to accept that its origin is found in the will, the interest, the free will.
or in any other manifestation of your psyche.

They are powers derived from legal norms and are often confused with the facts that
give rise to them and the situations derived from such facts.
Ex: subjective right to receive food from a minor.

Objective Law:
1) Set of rules that regulate the conduct of men, with the aim of establishing a fair
order of human coexistence .
2) Set of rules that govern the coexistence of men in society.
3) Rule or set of rules that on the one hand grant rights or powers and on the
other, correlatively, establish or impose obligations.

1.4. Current and positive law

Current Law:
We call current legal order the set of imperative-attributive norms that at a certain time
and in a certain country the political authority declares mandatory.

It is the right recognized by the State, which it has declared obligatory, after certain
formalities or requirements contemplated in the Constitution and laws of each country
have been met.

Positive Law:
Set of bilateral norms that effectively govern the life of a community at a certain point in
its history.

Positive law is the one that is observed, the right that is fulfilled, the one that is
feasible, whether or not it is in force.

Set of rules of conduct, current or not, that at a certain historical moment are observed
by the members of a community because they are convinced of their obligatory force.

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It is the set of legal rules that are effectively observed at a given time, even if they are
no longer in force or have not yet been elevated to that category.
Set of legal norms, or the custom itself, although it has not been recognized by the
State (non-current law), but which the community observes everything, because it is
aware that its observance is necessary for social coexistence.

1.5. Domestic law

Set of rules that regulate legal acts and relationships that are carried out within the
territory of the State and whose consequences do not go beyond its territory .

1.5.1. Public Law

Set of legal norms that regulate the relations of the State, as a sovereign entity, with
citizens or with other States.

Set of legal norms that regulate the actions of individuals towards the State, as well as
the actions of States as sovereign entities among themselves.

1.5.1.1. Constitutional right

It includes all those regulations relating to the fundamental structure of the State, the
functions of its organs and their relations among themselves and with individuals.

It includes all those norms that regulate the organization and functioning of the State.

1.5.1.2. Administrative law

It is the branch of public law that has public administration as its specific objective.

If the object of Administrative Law is public administration , it is necessary to give a

concept of it. “ Activity through which the State and its auxiliary subjects tend to satisfy
collective interests.
1.5.1.3. Criminal law
Set of legal norms belonging to Internal Public Law, through which the State as the
only sovereign entity, defines the crime, the penalty and the security measures, in
order to achieve social coexistence.

Legal norms of the State that deal with crime and the consequences that it entails, that
is, penalties and security measures.
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1.5.1.4. Labor law

It is a branch of Public Law, through which the legal principles and rules that regulate
the relationships between employers and workers, their rights and obligations are
studied and create institutions that allow conflicts that arise between them to be
resolved, by virtue of a relationship. labor.

1.5.2. Private right

It is the set of rules that regulate the relationships established between individuals, that
is, between people who intervene in the legal relationship at the same level.

It regulates the relationships of individuals in their particular nature when they resolve
issues of a private nature.

1.5.2.1. Civil law

Set of norms, techniques and doctrines, dedicated to the regulation of the most
fundamental aspects of human life: person, family and heritage . Furthermore, it
determines the essential consequences of the main facts and acts of human life and
the legal situation of the human being in relation to his peers or in relation to things.

1.5.2.2. Commercial law

It is the branch of Private Law that studies the precepts that regulate commerce and
activities assimilated to it and the legal relationships that derive from these rules.

Set of rules that apply to commercial acts.

Commercial Law constitutes a complex of rules aimed at merchants and the activities
they carry out.

1.6. International right

Norms emanating from the international community and aimed at the prosecution of
criminal acts, which can come from both interstate agreements and international
organizations.

1.6.1. Public international law

Set of norms that govern the relations of States among themselves and indicate their
reciprocal rights and duties.
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It is the legal discipline in which two or more sovereign States intervene.

1.6.2. Private international right

Set of rules that tell us how, in private matters, the application problems that arise from
the plurality of legislations should be resolved.

It is the branch of law that studies the conflicts that arise when a foreign element
intervenes in a legal relationship.

2. SOURCES OF LAW

2.1. Definition
Facts that give birth to the manifestations of human will or to the social uses or
practices that generate it, we refer, of course, to the origin of objective law.

2.2. Classification:
The sources of law are classified into: Formal sources, real or material sources and
historical sources .

2.2.1. Royals
They are all the phenomena that contribute, to a greater or lesser extent, to the
production of the legal norm, and that determine to a greater or lesser degree its
content; Such phenomena are: the geographical environment, the climate, the natural
resources, the political, moral, religious and legal ideas of the people , especially of the
legislators, political leaders, labor leaders, businessmen, jurists, judges.

It can also be said that the material sources are the historical, political, social,
economic, cultural, ethical, religious factors that influence the creation of the legal
norm.

2.2.2. Historical

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They are what allow us to know what law has been throughout history: documents,
inscriptions, papyri, books.

2.2.3. Formal :
External manifestation of a will willing to create the law, to give birth to a new legal
norm.

They are the different modes or forms through which the legal norm is manifested.

Different ways of manifesting the norm externally and socially.

Formal sources: Law, jurisprudence, doctrine, custom and general principles of law .

2.2.3.1. Law
It is a set of general, abstract and mandatory legal rules, deliberately and consciously
dictated by bodies with jurisdiction to do so.

Right that is contained in that writing that has been exposed to the people.

A prescription of reason, in order to the common good, promulgated by the one who
has the care of the community.

Mandatory social rule, established permanently by public authority and sanctioned by

force.
Deliberate and conscious legal thought, expressed by appropriate bodies, representing
the preponderant will of an associated multitude.

2.2.3.2. Habit
It is the constant and uniform repetition of a standard of conduct, in the conviction that
this obeys a legal necessity.
Set of rules derived from the more or less constant repetition of uniform acts.

Use implemented in a community and considered by it as legally obligatory.

2.2.3.3. Jurisprudence
Set of general principles emanating from the uniform rulings of the courts, for the
interpretation and application of legal norms.

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Theory of positive legal order or legal doctrine.

Set of principles and doctrines contained in court decisions.

Individual norms emanating from sentences pronounced by the courts of justice.

2.2.3.4. General principles of law

These principles also have a supplementary nature and are a means of filling the gaps
in the law and allowing a correct understanding of its norms.

They are, in reality, certain statements that contain unquestionable, absolute,

invariable and universal truths, which serve to illustrate the judge's criteria when
issuing his resolutions.

Very foundations of the legal system.

Certain statements to which a set of particular solutions is subordinated.

2.2.3.5. Doctrine

Studies of a scientific nature that jurists carry out about the law, either with a purely
theoretical purpose of systematizing its precepts, or with the purpose of interpreting its
norms and indicating the rules of its application.

Theories and scientific studies contained in books, monographs, magazines, which

contribute to the interpretation of positive law and guide legislative reforms and are
guidelines for the application of the law.

3. LEGAL STANDARD
It is a rule, a precept or regulatory mandate of individual or social conduct.

3.1. Classification and characteristics.

3.1.1. Morales
A large part of the legal norms have a moral foundation and this circumstance makes
man spontaneously subject his behavior to the prescriptions of the legal norm, since
these are considered fair.

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Characteristics:

Autonomous: Their autonomy consists in the fact that the moral norm is dictated by the
same person who must comply with it.
Interior: These norms refer to the internal exterior of each individual, they are dictated
by their conscience, expression of their intentionality and intimate motivations.
Unilateral: moral norms are unilateral because compared to the passive or ethically
obligated subject there is no active or claimant subject that requires compliance with
the moral duty; This fulfillment can only be claimed by the conscience of each person ,
which does not exclude that the duty is fulfilled in relation to another or other people.
Unenforceable: These norms are complied with by our own conviction, since there is
no possibility of forced compliance as in the legal norm, of course there is no person,
authority or entity that can force us to do so. There is also no penalty for not complying
with them.

3.1.2. Conventional or social

Etiquette or protocol rules.

Duties of behavior that derive from the fact of belonging to a certain social circle , to a
collective sphere.

Characteristics:

Social character: Because they consider man part of the social conglomerate .
Exteriors
Unilateral
heteronomous
Relative validity: Well, they vary in relation to time, place, social class, culture .
Its violation entails: A sanction that is social disapproval , which, however, cannot be
considered as coercibility, therefore they are incoercible.

3.1.3. Religious
It is the relationship of the individual with the supernatural.

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Characteristics:

Unilateral: They oblige but do not empower.

Heteronomous: They involve subjection to a higher will, the divine.
Unenforceable: There is no possibility of forced compliance.
Interior: Because they are fulfilled by faith and by our spiritual convictions and desires.

3.1.4. Legal
Classification:
Moral, Conventional or social, Religious, Legal .

Characteristics:

Exteriority: Assessment that the law makes of human actions in their objective,
material or physical aspect, in relation to the legal norm, with its compliance or non-
compliance.
Bilaterality: On the one hand it grants rights and on the other , correlatively, it imposes
or establishes legal duties or obligations. Due to this circumstance, the legal norm is
considered imperative-attributive. Its imperative lies precisely in the imposition of
duties or obligations on a person called a PASSIVE SUBJECT , DEBTOR OR
OBLIGED; while it is attributive because it grants powers or rights in favor of another
person called the ACTIVE SUBJECT , CREDITOR, CLAIMOR OR RIGHT-HAIRED.
Heteronomy: It means that they are not created by the subject himself who must
comply with them, but by a power, force or foreign entity, which within the structure of
the State is called LEGISLATIVE POWER, whose function is precisely to develop the
legal norm, in other words, the laws or legal system.

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Coercibility: The Coercibility of the legal norm , understood as the possibility of its non-
spontaneous compliance, even against the will of the obligated party, regardless of
whether the norm has a sanction or not.

3.2. Hierarchy
The norms of a legal system can be of the same or different level or rank. If they are of
the same level, a coordination relationship exists between them; If they are of different
levels, relationships of supraordination or subordination.

Kelsen Pyramid

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3.2.1. Constitutional
Constitutional norms are found at the apex of the legal pyramid and are regulated and
developed in a text or document called the Constitution , Fundamental Charter or
Magna Carta. Currently, among us, the Constitution promulgated on May 31, 1985,
which superseded that of 1965, governs.

They are the highest level or rank norms, the highest hierarchy norms within the
State's legal system.

3.2.2. Ordinary
They are norms dictated by the ordinary legislative power, which apply or develop
constitutional norms, so they are conditioned by them. The rules of the civil, criminal,
and commercial codes.

3.2.3. Regulatory
They are norms that develop and complement the ordinary ones, these being
conditions of the regulations. The power to dictate regulations corresponds to the
executive body , regulated constitutionally.

3.2.4. Individualized

They are dictated to be applied in the resolutions of specific situations and exclusively
to resolve specific cases.

4. FUNDAMENTAL LEGAL CONCEPTS

They are irreducible categories or notions, in whose absence it is impossible to
understand any legal order .

4.1. Legal duty

It is the restriction of the external freedom of a person, derived from the power granted
to another or others, to demand of the first certain behavior, positive or negative.

We can say then that the legal duty is the obligation that the taxpayer has to comply
with the provision of giving, doing, not doing or tolerating, as established in the norm.

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4.2. Sanction
Legal consequence that the fulfillment of a duty produces in relation to the obligated
party.

When coercion is insufficient.

The sanction appears to direct the conduct where the law establishes it.

Characteristics of the Sanction :

1. It will always be a harmful consequence for the violator of the rule.
2. It must always be provided for by law.
3. It must be applied by the competent state bodies.

4.3. Coercion
The forced application of the sanction

Intervention of the State organs, generally the jurisdictional ones, to obtain, with their
own and appropriate measures, when there is a legal possibility (coercibility), the
application of the sanction , which is nothing other than the result of non-compliance
with legal duty.

Forced execution of the sanction.

Intervention of state coercive force

4.4. Action
The action is always preceded by the pretension, because whoever acts does so
based on a pretension ; Therefore, action is the key that opens the process to
pretension.

4.5. Petition

4.6. Claim
The claim is the demand for the subordination of another's interest to one's own
interest.

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From the existence of the claim we can reach action, as one of the ways of enforcing
the claim.

4.7. Subjects of law

It is the ability to contract obligations and acquire rights .

It is closely linked to personality, since through it rights and obligations are
recognized.

5. LEGAL TECHNIQUE
García Máynez: It is the proper management of the means that allows achieving the
objects that the law pursues .

Discusses and resolves problems related to the application of the law, its elaboration,
interpretation, integration and application in time and space.
Its objective is the application of the law to specific problems

5.1. Legal technique and jurisdictional activity

5.2. Interpretation and application of laws

Interpretation: To interpret the Law is to discover the meaning it contains.

Interpretation classes:

Doctrinal or Free: It is what is carried out by jurists or commentators on the Law. It is

called free because it is not subject to rules or guidelines of any nature, it has no
binding force.
Judicial or Jurisdictional: It is carried out by judges and courts when deciding in a
sentence the cases that are submitted to their consideration.
Legislative Interpretation : It is what is carried out by the legislator through an
interpretive law, which obviously has a secondary character. This is a mandatory
interpretation for everyone , of course it is done through a law.

Elements that make up judicial interpretation:

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Grammatical element : Through which the meaning of each of the words of the Law ,
its meaning and punctuation marks, is carefully examined, according to the rules of the
language.
Historical element : In the interpretation of the law it is sometimes necessary, in the
face of obscurity, ambiguity, opposition or contrariety of norms , when there are doubts
about their meaning, to resort to the reliable history of the institution , of knowledge of
the circumstances or conditions in which it was dictated.
Logical element : The interpreter must look for the spirit or intention of the legislator,
necessary to determine the end or purpose of the law , or its internal logic.
Systematic element : Between the laws of a legal system, there are links or links . The
rules of a Law , of a code, even of the entire legal system, have an intimate
relationship, link or logical, scientific and technical connection .
Axiological element : Each norm must contribute to the extent and place that
corresponds to the realization of the values that are inherent to law, among them, the
fundamental one, justice.

Law enforcement

The application of laws in space in Guatemalan Law

Bustamante Code (Code of Private International Law):
In 1928, Guatemala signed in Havana, Cuba, the Convention through which the Code
of Private International Law , known as the Bustamante Code, was adopted.
It was accepted by most American countries.
It regulates in detail the relationships of Private International Law between people who
are nationals of the countries that ratified it.

It can be used additionally in the absence of another rule of law that regulates relations
involving nationals of other States.

Principle of territoriality of the law

It consists of the laws applying exclusively within the territory of a country to all people
who are there, regardless of their nationality or domicile.
Art. 5 Law of the Judicial Branch.
Art. 153 Constitution

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The following are considered territorial norms:

a . The Rules of Public Law : (Constitutional, administrative, Procedural, Fiscal,

Criminal, Labor Law, etc.) All the rules of Public Law are territorial, that is, they apply
within the national territory, necessarily, to every individual, Guatemalan or foreign. ,
that is in it . This is because such norms regulate the structure and functioning of state
bodies, the relationships of individuals , such as labor relations for example, which are
considered of collective interest.
b . When there are situations considered to be public order : Public order , a somewhat
vague concept, is generally understood as the rules to which a society considered
linked its existence. It is about preventing a foreign law from repealing fundamental
institutions for the life of the State (legal equality, democracy, principle of legality,
monogamy, etc.)
Art. 975 C. Civil
Art. 26 LOJ: Consecrates in its first part the principle of extraterritoriality “The State
and capacity of the foreign individual acquired in accordance with his personal law, will
be recognized in Guatemala, if it does not oppose Public Order.”
It contains the principle of territoriality when it prohibits the application of foreign laws if
they oppose national laws of public order. For example, the recognition of a second
marriage contracted in a Muslim country that authorizes it if the previous one has not
been dissolved.
Art. 44 LOJ.
c . The rules regarding property (lex rei sitae ): Art. 27 LOJ

Personality principle of law

The personal law follows the individual even outside the territory of the State in which it
was issued.
Doctrinally and legislatively we find two currents regarding the determination of
personal law: the law of domicile and the law of nationality.
Our legislation enshrines the principle of domicile.
Art. 24 LOJ.

Principle of the laws of the place

Our legislation recognizes this principle by establishing that Guatemalans abroad can
be subject to foreign laws in the national territory and can also be subject to
Guatemalan laws abroad to regulate matters relating to the external formalities of acts
and contracts.

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The legal provisions that contain the principle of the laws of the place are territorial, but
the parties, by virtue of the autonomy of their will, can choose the legislation to which
they wish to submit.
Art. 31, 32 LOJ.
Locus regit actum rule (The law of the place governs the act): Art. 28 LOJ
Rule lex loci celebrationis (The law of the place of celebration): Art. 29 LOJ.
Art. 86 C. Civil accepts the rules: Locus regit actum and lex loci celebrationis by
recognizing the validity of marriages celebrated according to the law of the place,
meeting the intrinsic requirements

Application of laws over time in Guatemalan Law

In our legal system, laws must be applied from the moment they come into force until
their express or tacit repeal.
Article 180 of the Constitution and 6 of the Law of the Judicial Body establish that the
law begins to govern in the national territory 8 days after its publication in the Official
Gazette, unless the new law extends or restricts said period. .
Article 8 Loj indicates that laws are repealed by subsequent laws in the following
cases:
to. By express declaration of the last
b. Partially , due to incompatibility of provisions contained in new laws with previous
ones.
c. Completely , because the new law completely regulates the matter considered by
the previous law.
d . Totally or partially , by declaration of unconstitutionality issued in a final judgment
by the Constitutional Court.
Art. 36 Loj establishes norms that regulate the application of laws over time, indicates
the way to resolve problems that may arise when a new law is issued with respect to
those situations that had arisen under the previous law and that still continue to
produce effects. or are pending resolution when the new law comes into force.
Both the Civil Code, the Commercial Code and the Civil and Commercial Procedure
Code establish in their transitional provisions that conflicts arising from the temporary
application of the law will be resolved as indicated in article 36 of the Judicial Branch

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Law.
Subsection a) The civil status already established is a specific legal situation, it is an
acquired right and therefore, the new law cannot modify it or affect it in any way
without incurring retroactivity . The consequences derived from the acquired marital
status are subordinated to the new law , without for this reason being able to speak of
retroactivity, it is an immediate application.
Subsections b) c) e) and g): Rights of administration of the father of the family over the
assets of the children, right of the minor to manage his own assets, the acquisition of
real rights, the constitution of easements
All these rights acquired under the rule of a previous law subsist when the new law
comes into force, but the way to exercise them will be subject to the provisions
established in the new law (immediate application).
Subsection d) establishes the principle of immediate application of the law
Section f) establishes the full validity of the legal situations established under the
validity of a repealed law , which will fully retain their effectiveness in the face of the
new provisions.
Subsection h) All necessary formal requirements will be those established by the law in
force and the substantive content will be governed by the law in force on the date of
the death of the deceased.
Subsections i) and j) refer to aspects of hereditary law
Subsections k) l) m) refer to procedural aspects:
K) The procedural rules apply immediately: in case of breach of the contract concluded
under the previous law, the way of filing the lawsuit, the type of process, the competent
courts and the procedural procedures will be regulated by the current law. at the time
of filing the claim (immediate application of the law)
L) refers to the way of proving the acts and contracts within a process and establishes
that the means of proof indicated by the previous law can be used (acquired rights) but
the way of giving the evidence is subordinate to the law in force in the moment in
which it must be brought to the process (immediate application)
M) Refers to the procedural process. The principle of immediate application of the law
is established
Despite what is established in this last section, several Codes such as the Labor Code
establish in their transitional provisions that the processes already initiated that are in
process will be continued and terminated in accordance with the provisions in force at
the time in which they were initiated (it is old law applies). The latter applies because it
is a specific law.

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5.3. Political Constitution of the Republic of Guatemala
5.4. Law of the Judicial Branch
5.5. General Rules of Courts
5.6. Internal Regulations of Courts and Criminal Tribunals

6. INTEGRATION OF LAW

It occurs when there are imperfections or insufficiencies in the law, which we call
Loopholes in the Law .

Legal Basis:
Principle of substantive Legality: Article 17 of the Political Constitution of the Republic:
Actions or omissions that are not classified as a crime or misdemeanor and
punishable by the law prior to their perpetuation are not punishable.
Article 15 of the Law of the Judicial Branch: Judges cannot suspend, delay or deny the
administration of justice, without incurring responsibility . In cases of lack,
obscurity, ambiguity or insufficiency of the law, they will resolve in
accordance with the rules established in article 10 of this law , and then they
will bring the matter to the attention of the Supreme Court of Justice so that, if
necessary, case, exercise a law initiative.

6.1. Law integration procedure

The legal system does not contain loopholes , what is not regulated in the law , the rule
“What is not ordered is allowed ” must be applied.

LAW INTEGRATION METHODS

The analogy
Custom
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Equity
The general principles of law

6.2. Analogy as a procedure for integrating law

ANALOGY
It is attributing to partially identical situations (one provided for and the other not
provided for by law) the legal consequences that the rule indicates for the provided
case.

a) The Pacific coast is rich in coffee crops.

b) The Atlantic coast is analogous to the Pacific coast.
c) Then the Atlantic coast must be rich in coffee crops.

Although the reasoning meets all the formal requirements, its result or conclusion is
not reliable , it is not certain, precisely because analogical reasoning or by analogy
does not have the same probative force of a legitimate or true syllogism.

The syllogism , as García Máynez expresses, owes its rigor to the fact that it pays
attention to the evident ideal laws that govern thoughts ; On the other hand, in
analogical reasoning it is noted that certain correspondences between two objects
must be followed by others, which, although it has a certain plausibility, is completely
lacking in security ; For this reason, analogical reasoning never ends in a decisive
statement .

Analogies Classes :
1. Analogy of Assumptions : If the assumptions of two legal norms have common
elements

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2. Analogy of Consequences : If common or analogous elements exist in the legal
consequences

PRATER LEGEM CUSTOM (SUPPLETORY CUSTOM)

It serves to resolve situations not provided for in the law, to fill its gaps , therefore, it
does not oppose it but complements it , as long as it is not contrary to public order,
morality and good customs.

6.3. The general principles of law as an integration procedure

THE GENERAL PRINCIPLES OF LAW

General principles of law come from natural law , such as the rights to life , physical
and bodily integrity, such as freedom of movement and work , free expression of
thought , freedom of association ; others are principles dictated by human reason,
what is public is notorious, he who remains silent grants and good actions ennoble.

The general principles of law therefore have different origins, but we should not be
interested so much in their origin as in the guidance and service they can provide to
the judge when interpreting, integrating and applying the law. Whatever their origin, the
important thing is to know that they constitute principles that contain universal and
unquestionable truths that should guide the judge's criteria when other methods of
integrating the law do not offer the appropriate solution .

Legal aphorisms, which constitute true general principles of law

“No one can enrich himself to the detriment of another.
“In case of doubt, the prisoner must be acquitted.”
“It is up to the one who affirms to prove and not the one who denies.”
“No one can give what they do not have.”
“Equity prevails in doubt”
“No person interested in an act or contract can be condemned without being heard or
defeated in court.”
“The res judicata is considered true”

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“The precepts of the Law are: to live honestly, not to harm anyone and to give to each
person what is theirs.”
“Justice is the constant and perpetual will to always give to each person what is his.”

“It is said that what he did was done publicly in the presence of many.”

“Whoever uses his right does no harm to anyone.”

“The confessed is considered judged”

“No one can be condemned to the impossible.”

6.4. Equity as a procedure for integrating law

EQUITY:
It constitutes the maximum discretion that the law grants to the Judge in some cases,
when the singularity of certain relationships lends itself poorly to uniform discipline.
From the Latin Aequitas-atis which means Equality of mind
For Aristotle, equity had a corrective or rectifying effect, since the law is general and
there are certain objects on which it cannot be conveniently established by
means of general provisions. What is equitable is to reestablish the law at the
points where it is established. has been deceived because of the general formula
he has used

It lies in the fact that what is equitable, being fair, is not what is legally fair. The cause
of this difference is that the law is necessarily general, and that there are certain
objects about which it cannot be conveniently established by general provisions.

7. CONFLICTS OF LAWS
In the time.
In space .

7.1. Conflicts of laws over time

All assumptions and their consequences must be regulated in accordance with the
provisions contained in current law . When a new law emerges, it is necessary to
determine the scope of its application with respect to the consequences caused by the
assumptions made under the previous law.

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Regarding the moment in which the application of a law should begin, the doctrine
recognizes three principles:
to. Immediate application of the law : The general rule is that the laws apply to
all assumptions made from the moment it comes into force and to the
consequences not yet produced of assumptions made during the validity of the
previous law.
b. Application of the old law (ultractivity: In some cases the already repealed
law continues to regulate the consequences not yet produced of assumptions
made during its validity. That is, it will continue to govern those consequences
that arise after its repeal.
c. Retroactive application of the law : The general principle regarding the
application of laws over time is that the laws apply for the future and , therefore,
will only apply to cases born after their entry into force , since it is logical that
the rules cannot alter or modify consequences produced before their validity
(irretroactivity of the law). However, this principle suffers an exception when a
legal rule provides that it must be applied to consequences already carried out
under the rule of the previous law (altering them). , modifying or deleting them).
In this case, the principle of retroactive application of the law is recognized.

APPLICATION OF THE LAW OVER TIME

Application of the law over time: To apply the law over time is to determine, first of all,
whether it is in force or not , because no judge or judge would dream of applying a law
that is not in force, unless by mistake he does so. do, ignoring that it has been
repealed.

On the other hand , applying the law over time means determining whether or not it is
retroactive , this being undoubtedly the fundamental aspect in this application.

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When an assumption is made, legal consequences occur, it is the action of law, this
occurs in time and space.
This production is considered normal when the legal consequences are extinguished
within the period of validity of the standard.
The new law that is dictated does not affect the fact in any way, since it belongs to a
validity period exclusively that concluded at the same moment in which the validity of
the new law begins.
However, it often happens that the conditioning event is carried out during the validity
of an old law and its consequences occur and develop within the validity of a later law.

Should the old law or the new law be applied, knowing the connection between one
and the other?

RETROACTIVITY OF THE LAW

 It is applying current laws to previous facts or legal acts or vice versa
applying previous laws to facts or legal acts whose legal consequences
are exhausted during the validity of the previous law.
 Retroactivity is the application of the new or current law to events or
situations accomplished during the validity of an old or previous law.
 If the laws had retroactive effect, interests and the principle of legal
certainty would be affected.

7.2. Conflict of laws in space

Laws are dictated, in principle, to govern within the territory of the State that has
issued them (national, departmental, municipal). However, there may be situations
in which, due to the presence of an international element related to either people or
property, a problem arises of having to determine which of the legislations involved
will be applicable. These problems are resolved by Private International Law.
Currently, the problem has worsened due to the modernization and speed of
means of transportation, as well as the multiple emigrations in search of job
opportunities and the international commercial expansion that entails the
conclusion of contracts that must be fulfilled in countries other than the one in
which they were celebrated, presenting the possibility of applying different
legislation.
Due to the diverse content of legal systems and the different solutions they offer,
conflicts arise that the Law of each country resolves in accordance with its own
rules of Private International Law, which must determine what legislation must be
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applied when the same situation appears. subject to two or more different legal
systems.

LAW ENFORCEMENT IN SPACE

Application of the law in space: Application of the law in space is to determine , as the
treatise writer García Máynez puts it, the territoriality or extraterritoriality of the law. It
is, in other words, determining when the legal norm of one state can be applied in the
territory of another and other States , and what is the philosophical, scientific and legal
basis of this projective application of the law.

The majority of acts carried out within the territory of the State (spatial scope) produce
their effects within the State, (APPLICATION OF THE LAW IN SPACE) but in some
acts, even when carried out within the territory of the State, they produce legal effects
that must be carried out. in the territory of another or other States, they can bring
several autonomous legislations into contact and even cause conflicts with one or
more of them.
CONCEPT OF CONFLICTS IN LAWS IN SPACE : The possibility of extraterritorial
validity of the legal norms of a State in another territory.

CONFLICTS OF LAWS AND PRIVATE INTERNATIONAL LAW

The issues dealt with by conflicts of laws in space, in Private International Law:
1. PROBLEMS OF NATIONALITY
2. PROBLEMS OF CONDITION OF FOREIGNERS
3. CONFLICTS OF LAWS IN SPACE

8. GUATEMALAN LEGAL STRUCTURE

8.1. Jurisdiction
Article 58. Law of the Judicial Branch . The jurisdiction is unique . For its exercise it is
distributed in the following organs:
a) Supreme Court of Justice and its Chambers.
b) Courts of Appeals.
c) Children and Adolescents Room.
d) Contentious-administrative court.
e) Court of second instance of accounts.

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f) Courts of First Instance.
g) Courts for Children and Adolescents and for Adolescents in Conflict with the
Criminal Law and Courts for Control of Execution of Measures.
h) Peace or minor courts.
8.2. Competence
It is the judge's ability to exercise his knowledge in a specific case.

Article 62. Law of the Judicial Branch. Competence: The courts may only exercise their
power in business and within the subject matter and territory assigned to them, which
does not prevent them from issuing rulings that must be carried out in another territory
in the matters they hear.

What kinds of competition exist?

Matter ( The matter of right to know . Example: criminal, civil, labor )
Territory : The geographical space that the Court will know
Amount : The amount of money demanded in a lawsuit
Degree: In accordance with the judicial organization system with several instances for
the review of the sentences handed down
By shift : It is set or designated for certain days for the reception of new cases or to
address certain emerging issues .

Court of First Instance

Article 94. Law of the Judicial Branch. Jurisdiction : The Supreme Court of Justice will
determine the seat and district that corresponds to each first instance judge and where
there is more than one, it will establish their jurisdiction based on the subject matter,
the amount and the territory.

8.3. Organization of courts and tribunals

TYPES OF COURTS:
Collegiate: when they are made up of several holders (called Magistrates)
Unipersonal: one judge

Supreme Court of Justice

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Article 76. Law of the Judicial Branch. Organization: The Supreme Court of Justice will
be organized in the chambers that it determines. Each chamber will have a President
and the number of members considered appropriate and will hear the matters that the
Court itself decides.
The matters submitted to the knowledge of a Chamber will be substantiated by its
President and resolved by a majority vote of its members. In the event of a tie, the
President of the Supreme Court of Justice will join the corresponding chamber.

Article 75. Law of the Judicial Branch. Integration : The Supreme Court of Justice is
made up of thirteen judges , in the following manner:

a) A president, who is also the president of the Judicial Branch .

b) Twelve magistrates, all equal in hierarchy, who will be designated with the
number that corresponds to them in the order of their election . This will serve
for the temporary replacement of the President and for voting purposes. The
judges of the Supreme Court of Justice will be elected in the manner and for the
period established in the Political Constitution of the Republic.

Article 79. Law of the Judicial Branch. Powers: these are powers of the Supreme Court
of Justice or the respective Chamber:

a) Consider appeals in cases where appropriate, according to the Law .

b) Know in the second instance, the resolutions established by law .
c) Hearing of pretrial proceedings against magistrates and judges, general
treasurer of the nation and vice ministers of State when they are not in charge
of the portfolio.
For this purpose, they will have the power to appoint an investigative judge, who may
be one of the judges of the Supreme Court itself, the court of appeals or the most
immediate judge of first instance.
e.) Ensure that justice is promptly and fully administered and issue rulings to remove
obstacles that oppose it.

Court of Appeals and Collegiate Courts

Article 86. Law of the Judicial Branch. Chambers: the court of appeals is made up of
the number of chambers determined by the Supreme Court of Justice, which will also

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establish the headquarters, matters that they will hear and territorial jurisdiction of each
of the chambers.

Article 87. Law of the Judicial Branch. Integration: each seat is made up of three
regular magistrates, and two substitutes for cases that are necessary, and will be
presided over by the magistrate designated by the Supreme Court of Justice.
The Supreme Court of Justice may also increase the number of magistrates in each
chamber when circumstances so require.

The provisions of this section include, as applicable, collegiate courts in general.

Article 88. Law of the Judicial Branch. Powers: It corresponds to the chambers of the
court of appeals:
a) To hear in the first instance, after a declaration by Congress if there is room for
trial, in the cases of liability against the officials referred to in section h) of article
165 of the Political Constitution of the Republic

Article 165. political constitution of the republic

Subsection h) Declare whether or not there is room for the formation of a case against
the President and Vice President of the Republic, President and Magistrates of the
Supreme Court of Justice, the Supreme Electoral Tribunal and the Constitutional
Court, Ministers, Vice Ministers of State, when are in charge of the office; secretaries
of the Presidency of the Republic, Undersecretaries who replace them, Human Rights
Attorney, Attorney General and Attorney General of the Nation.

b) Know in the second instance the processes established by law.

c) Know about pretrial proceedings whose knowledge is not attributed by this Law
or by the Political Constitution of the Republic to another body.
d) Ensure that first instance judges, minor judges or any other persons fulfill their
functions and deadlines in accordance with the law and carry out the
proceedings that are entrusted to them by office or otherwise. They must be
sanctioned, in case of non-compliance, with a fine of twenty-five quetzales
(Q.25.00), except in duly justified cases.

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e) Maintain the discipline of the courts throughout the district of their jurisdiction,
ensuring the official conduct of the Judges of First Instance, and making them
fulfill all the duties that the laws impose on them.
f) Monitor the official conduct of its secretaries and junior employees , whom, as
well as the judges, may correct by applying the sanctions determined by law,
bringing the case to the attention of the President of the Judicial Branch.
g) In urgent cases, grant leave to secretaries and other employees, so that they
are absent from work for no more than eight days , but if the appointment of a
substitute is necessary, the case will be brought to the attention of the President
of the Judicial Branch.
h) Call the corresponding substitute in case it is disintegrated for any reason.
i) Know in consultation the processes when legally appropriate confirming,
modifying or revoking the resolution received in grade.
j) In the cases determined by law, hear an appeal for reconsideration of the
records originating from the same courtroom.
k) Exercise the other powers and functions established by other laws, regulations
and agreements issued by the Supreme Court of Justice.

Court of First Instance

Article 94. Law of the Judicial Branch. Jurisdiction: the Supreme Court of Justice will
determine the seat and district that corresponds to each judge of first instance and
where there is more than one, it will establish their jurisdiction based on the subject
matter, the amount and the territory.

Article 95. Law of the Judicial Branch. Powers : These are the powers of the first
instance judges:

a) Know the matters within its jurisdiction, in accordance with the law.
b) Know cases of responsibility when this power does not correspond to the court
of appeals.
c) Those who have jurisdiction in criminal matters are obliged to visit the detention
centers and prisons in their district at least once a month.
d) Visit the Property Registry for inspection every three months, when there is one
in your jurisdiction. For the capital city, the President of the Judicial Branch will
determine which courts the inspection corresponds to.
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e) Others established by other laws, regulations and agreements of the Supreme
Court of Justice.

Minor Courts

Article 101. Law of the Judicial Branch. Peace Courts : Minor courts are called peace
courts, unless due to their special nature the law or the Supreme Court of Justice gives
them a different name.

The Supreme Court of Justice will establish minor courts in the number and in the
places it considers convenient for the good administration of justice.

Article 102. Law of the Judicial Branch. Headquarters: in each departmental capital
there must be at least one peace court . With regard to municipalities, the Supreme
Court of Justice, when it deems appropriate , may, taking into account the distance
and number of inhabitants, extend the territorial jurisdiction of the justices of the peace
to more than one municipality.

The Supreme Court of Justice may establish headquarters and districts independently
of the municipal district.

8.4. Process
It is the sum of acts through which the legal relationship is constituted, developed and
terminated.

8.5. Procedure
It only means the external, formal composition of the development of the process or a
stage thereof, but it does not include the legal relationships established between the
subjects of the process, nor its compositional purpose.

8.6. Procedural principles

They are fundamental criteria or ideas, contained explicitly or implicitly in the legal
system, that indicate the main characteristics of procedural law and its various sectors
, and that guide the development of procedural activity.
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They have a double function , on the one hand , they allow us to determine the most
important characteristics of the sectors of procedural law , as well as those of its
different branches; and on the other hand, they contribute to directing the procedural
activity, either by providing criteria for the interpretation of the procedural law or by
assisting in its integration. Millar tells us that these "fundamental concepts... give
shape and character to procedural systems."

These principles can be classified as basic, particular and alternative .

The basic procedural principles are those that are common in all sectors and branches
of procedural law within a given legal system.

Particular procedural principles are those that predominantly guide a sector of

procedural law .

Finally, alternative procedural principles are those that govern instead of others that
normally represent the opposite option.

5.1. BASIC OR COMMON PRINCIPLES.

5.1.1. Principle of contradiction. It is one that is expressed in the formula " listen to the
other party " (audiatur et altera pars), imposes on the judge the duty to resolve on the
promotions formulated by any of the parties, previously hearing the reasons of the
counterpart , or, at least, giving him the opportunity to express them.

This is recognized, as far as the defendant is concerned, in the right of defense or

guarantee of hearing established in the second paragraph of Art. 14 constitutional. As
far as both parties are concerned, the principle of contradiction is one of the "essential
formalities of the procedure" referred to in the same constitutional precept.

5.1.2. Principle of equality of the parties. This principle derives from Art. 13 of the
Federal Constitution and imposes on the legislator and the judge the duty to grant the
parties the same procedural opportunities to present their claims and exceptions , to

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prove the facts on which they are based and to express their own allegations or
conclusions.

5.1.3. Principle of estoppel.

5.1.4. Principle of Eventuality (or Eventual Accumulation). It imposes on the parties the
duty to present simultaneously and not successively ,

5.1.5 Principle of procedural economy.

It establishes that the process should try to achieve the greatest possible results, with
the least use of activities, resources and time. It requires, among other things, that
procedures be simplified; the dispute is precisely defined; Only evidence that is
pertinent and relevant to the decision of the case is admitted and tested; that those
resources and incidents that are clearly inadmissible be declared, etc.

5.1.6. Principle of loyalty and probity. It establishes that the parties must conduct
themselves with adherence to the truth in the procedural acts in which they intervene
and provide all means of evidence that may contribute to clarifying the disputed facts .
They must use the means of challenge only in those cases in which they effectively
consider that the court's actions are contrary to the law. Failure to comply with these
duties must result in the imposition of disciplinary measures, orders to pay procedural
costs and expenses, and even criminal sanctions, when the conduct of the parties
constitutes a crime.

5.2. ALTERNATIVE PRINCIPLES.

5.2.1. Principles of orality and writing. They usually refer to the form that predominates
in the process. Thus it is stated that the principle of orality governs in those processes
in which the use of the spoken word predominates over writing ; and that governs the
principle of writing in processes in which the use of the written word predominates over
the spoken word . In both cases it is about predominance in use and not exclusive use.

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The principle of orality , under whose guidance the major procedural reforms have
been carried out , not only implies the predominance of the verbal element, but also
the prevalence of the following principles:

IMMEDIATION , or direct relationship between the judge, the parties and the test
subjects.
The CONCENTRATION of the procedural debate in one or two hearings .
PUBLICITY of judicial proceedings , particularly hearings , to which any person must
have access, with the exceptions provided for by law.
THE FREE ASSESSMENT OF THE EVIDENCE.
Bibliography:

9. FUNCTIONS OF JUDICIAL ASSISTANTS

9.1. Secretaries

Article 24. Secretary. The administrator or secretary is the manager of the

judicial office, who is responsible for:

Decide everything related to personnel, in terms of permits, replacement,

licenses and everything that is inherent to the management of human resources
of the judicial office and, where appropriate, communicate it where
appropriate.

Maintain the supply of necessary supplies in the judicial office ;

Be the personal organ of communication with the other instances of the judicial
sector;

They are special obligations:

Be in charge and responsible for the Court archive and keep an inventory with the
necessary separations, also ensuring that the Court files and papers are properly
arranged and ordered.

Send the trials and processes that have ended to the General Archive of the Courts,
making the corresponding annotation in the inventory.

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Keep statistics of the trials with the names of the litigants , the object of the trial, the
resolutions issued, their date, the date of entry or knowledge of the trial and the
corresponding number in the inventory .
Authorize the dispatches, warrants, proceedings, orders and all types of resolutions
that are issued, carried out or dictated by the Judge.

Enter in the files the reasons expressed by the Law or the Judge orders them

Issue authorized copies that the law determines or must be given to the parties by
virtue of a judicial decree.

Take care that the files are duly numbered when each page is added, sealing the
actions, official letters and other documents that require it , and initialing those.

Deliver to the parties, prior knowledge, the files in cases where it is provided by law.

9.2. Officials
They are required:

To keep the books of the Court, as provided by the Internal Regulations .

To personally carry out the processes entrusted to them, keeping them under their
responsibility and maintaining the corresponding inventory of them .

To assist the Secretary in all work that is his responsibility, in the manner determined
by the Internal Regulations.

Court Officers in General

General powers:

Process judicial processes or actions and other files assigned to them, as well as
complete the warrants, dispatches and commissions required by other courts.

Receive the memorials, requests and other documents that correspond to the matters
for which they are responsible, and resolve them in accordance with the instructions
received from the head of the court .

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Review the history of each case and prepare the corresponding summaries, once the
respective procedure has been completed . In addition, they must collect the
necessary information to carry out the study of the cases that have been assigned to
them.

When any of the officers are absent from the office, they will be replaced by any of the
others designated by the secretary , and in no case may this be a cause of delay or
suspension of any of the proceedings or actions that were in charge of the absent
person.

Keep records of your hearings, debates, auctions and files assigned to you and verify
the timeliness of their start and development .

Article 25. Public attention. Attention to the public in each jurisdictional body will be in
charge of auxiliary personnel , who are responsible for:

a . Provide information to all people who require it , whether they are procedural
subjects or users of the system;
b. Enter and locate the procedural subjects, witnesses, experts, technical consultants
and others who intervene in the process , in their corresponding place ;
c. Prepare the weekly and monthly agenda of the judicial office, which will be placed in
a visible place for people, send a copy via fax or electronic means to the institutions
linked to the judicial sector and to the people who require it;
d. Everything that is inherent and necessary to provide a service with quality standards
to users and the public.

Article 26. Communications and notifications. The auxiliary communications and

notification personnel of each jurisdictional body are responsible for the following
functions:
to. Receive and record hearing requests;
b. Communicate the request to the hearing unit;
c. Call the procedural subjects and others involved to the hearing, by notice , in the
manner already indicated;
d. Make the necessary reminders to the procedural subjects to guarantee the success
of the hearing.

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and.Exceptionally, and if necessary , send the letters, dispatches, requests and actions
to where appropriate.
Article 27. Hearings Unit . The auxiliary personnel of the hearing unit of each
jurisdictional body are responsible for the following functions:

to. Keep the agenda of the hearings through the installed records;
b. Prepare the record of the procedural subjects involved in each case ,
c. Update the records of trial lawyers, prosecutors and public defenders of the
territorial district to facilitate communication;
d . Update and purify the record of communications to procedural subjects and other
Persons who appear in the process ;
and. Record of hearings and their safeguard;
F. (Modified by article 3. of Agreement 7-2006 of the Supreme Court of Justice). Carry
out the transcriptions that are required by the judicial offices , and must deliver them
within the period granted;
g. Assist procedural subjects in judicial proceedings that require the services of a
translator or interpreter.

9.3. Notifiers
General Court Servers

The notifiers are the judicial assistants specifically in charge of communicating or

making known to the parties and other interested persons, the resolutions and
mandates of the courts, as well as carrying out the seizures, requirements, deposits,
interventions and other procedures that are ordered, of compliance with the law.

Main responsibilities:

Attend court on business days and remain there during business hours, as long as it is
not necessary for notifications that must be made outside the court.

Receive the memorials, letters and dispatches or exhortations to process that are
presented to the court; locate the files and , where appropriate, deliver them to the
official responsible for their processing for their respective resolution.

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Prepare the notification documents and carry out the notifications in court , in the
places designated for this purpose, as well as by the courts, as the case may be;
record the respective reasons in the files, send copies by mail when appropriate and
leave a record in the files when for any reason or circumstance any action has not
been carried out.

Receive from the appropriate party the new files that have been entered, archive them
and prepare the respective notifications .

Prepare or complete dispatches, warrants, requests, releases, seizures, summonses,

notes, official letters and all those actions or procedures assigned to them.

Organize, number and seal all files that are under your responsibility .

Practice personal notifications and seizures, demands, evictions .

Keep records of their hearings, debates, auctions and proceedings in the files
assigned to them, and verify the timeliness of their start and development.

Receive from the Secretary every day, under knowledge, the actions that must be
notified personally; and return them the next day , except when this is not possible,
because the notification must be made by letter, by dispatch, or for any other reason
that does not depend on the Notifier.

Extend the letters or dispatches , ensure that they are authorized promptly , and send
them immediately to their destination . If there is no sealed paper, they will be written
on plain paper that will be replaced at the expense of the interested party, as
prescribed by Law.

The knowledge that the Notifiers sign in the special book that for this purpose must be
kept in each Secretary , will contain : 1º. The date and time in which they receive the
dispatch to notify it . 2nd. The date and time in which they return it completed .

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9.4. Commissioners

Commissioners of the Courts

Attributions:

Receive, record and control the processes, files, memorials, correspondence and other
documents that enter the court, and transfer them without delay to the secretary or,
where appropriate , to the corresponding court assistant.

Be the announcer of the auctions, prepare the corresponding minutes and collect the
signatures of the participants, the judge and the secretary.

Keep the books and records in your charge organized, as well as review the files that
are sent to other courts or offices.

Assist the Secretary of the court in the functions assigned to him.

Distribute the correspondence as indicated.

The commissioner will take care of the furniture and supplies, will be in charge of
cleaning and will provide the necessary services of the Court , both the messenger and
the others who offer themselves, always with the knowledge of the Secretary, and
must maintain due reserve in all cases.

You must attend every business day at least half an hour before the hours in which
work begins, to verify the cleanliness of the Offices . Tardiness will be punished by the
Head of the Office with a fine not exceeding ONE QUETZAL and if it is repeated three
times, without justifiable cause, it will be grounds for removal.

The commissioner will accompany the Notifiers, as a witness of attendance, when

necessary.

10. SPECIFIC POWERS OF THE POSITION OF OFFICER

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Officials of the Courts of the Criminal Enforcement Courts

Specific powers:

Process the transfer of prisoners to the establishment where they must serve their
sentences or, where appropriate, to hospitals or centers where they must be treated
for reasons of illness or other similar cause.

Prepare freedom orders, when legally applicable .

Process rehabilitation and parole files and special permits requested by inmates .

Prepare arrest warrants, when appropriate .

Process files or procedures for personal discovery .

Notify the appropriate party of the resolutions of the files that are under your
responsibility.

10.1. General Rules of Courts

10.2. Internal Regulations of Courts and Criminal Tribunals

CHAPTER I
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BEGINNING

SECTION I
MANAGEMENT

Article 4. Accessibility . The criminal jurisdiction must provide the service to all users
under conditions of equality , both in time , distance , free of charge, cultural identity
and language .

Article 5. Simplicity . All procedural acts must be free of unnecessary formalities,

technicalities and obsolete practices , which make judicial management ineffective,
and must, on the contrary, be concrete, clear and suitable for obtaining the expected
end.

Article 8. Immediacy , orality, gratuity and advertising. All jurisdictional decisions must
be developed in an oral hearing with the uninterrupted appearance of the Judge and
the necessary procedural subjects. Its implementation will guarantee access to the
public, at no cost to those involved or observers.
Article 10. Procedural loyalty. Procedural loyalty lies in the credibility and trust that all
users of the system, especially the procedural subjects , have in each other, when
requesting and being summoned to a hearing. The attitude of the procedural subjects
will be aimed at preventing the data and circumstances of the procedural acts from
being altered , simply by hindering the management. The manifest attitude contrary to
procedural loyalty on the part of the lawyers must be immediately reported to the Court
of Honor of the College of Lawyers and Notaries. In the case of public officials in the
exercise of their functions, the respective disciplinary regime will also be notified.

SECTION II
ORGANIZATION

Article 11. Senior management. The fulfillment of the administrative functions of the
judicial office corresponds to the administrator or secretary . The judicial office is

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organized to guarantee high quality standards in the management and efficiency of the
judicial service. Its administration requires effective planning, control and periodic
personal evaluation actions. For this purpose, specific instructions may be issued to
guarantee compliance with this regulation.

Article 12. Jurisdictionality It is the exclusive responsibility of the Judge or court to

decide the cases submitted to his knowledge and he is prohibited from delegating his
functions. In the administration of the office, it will be limited as a minimum to
coordinating with the administrator or secretary, those actions related to the
jurisdictional function , with the sole purpose of guaranteeing a prompt and complete
judicial response.

Article 14. External coordination . The administration of the office must make the
necessary efforts to maintain coordination and communication with the different State
agencies that regularly intervene in a criminal process, especially with the National
Civil Police, Public Ministry,
Forensic Service, Penitentiary System and Public Criminal Defense of its territorial
jurisdiction , in order to optimize resources and guarantee the effective holding of
hearings.

Article 15. Work environment. The administration of the Tribunal or Court must make
the necessary efforts to maintain a work environment of harmony, dignity and respect
in the internal treatment and the people who attend the court, especially the victim,
accused, litigants, witnesses, experts. and general public. It will hold periodic
discussion meetings on the different problems of the office, share the results of the
different evaluations and hold planning meetings, definition of goals, change of
practices and monitoring of the management decisions of the judicial office.

CHAPTER II
AUDIENCE

SECTION I
HEARING REQUIREMENT

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Article 16. Chance. Hearings that should not be held due to regulatory impulses or pre-
established by a previous hearing, may be requested by the interested party within the
legal period.

Article 17. General form. (Modified by article 1. of Agreement 7-2006 of the Supreme
Court of Justice). Any request may be formulated orally by the parties personally
attending the court or tribunal , except when the law expressly and specifically
provides that the request must be formulated in writing.

The requester , at the time of formulating the verbal request, must provide : his
personal identity data , the data of the process within which he formulates his request,
the quality with which he acts and the type of request to be resolved in a hearing.

When, for the substantiation of the request, the appearance of a person outside the
process is necessary, the person making the request must indicate the place and
means to summon the person to a hearing and the quality with which said person will
act.

Any verbal or written request made to the courts and tribunals must be recorded in
writing or electronically in the registration system enabled for this purpose.

Article 18. First Appearance. When the person appears for the first time at a hearing
within the process, the judge will warn him or her about the need to immediately
establish an address in the court district for his or her physical location . It will request
information related to your telephone number, fax number, email or other means of
communication to facilitate notices of appearance at hearings.

Article 19. Registration and programming. The hearing request made in the planned
manner will be entered immediately into the computer program for scheduling , or
failing that, registered in the established manual controls . In the same act and by the
same means, it will inform the requesting party of the date and time of the hearing ,
and must notify, when applicable, immediately the other procedural subjects by the
most expeditious means possible of those already indicated. Said programming will
also be placed in a visible and freely accessible place for court users.
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SECTION II
AUDIENCE DEVELOPMENT

Article 20. Definition . The hearing is the procedural act through which the judge or
court receives relevant information directly from the procedural subjects, for making
decisions of a jurisdictional nature . Its realization will be oral, continuous,
contradictory, public and concentrated . It will be presided over by the judge or
president of the court, from its beginning to the end and requires his uninterrupted
appearance and the people necessary for the procedural act that motivates its
execution. Advertising may be restricted in the terms established by law. The
suspension of a hearing is exceptional and for expressly justified cause.

Article 21. Form of realization . Unless the law indicates a special form, the hearing will
be held under the following terms :

1) the judge or court will be constituted in the place and time indicated, in advance;
2) the presiding judge will verify the presence of the parties and other persons
admitted to be heard in the specific procedural act;
3) once the previous point has been verified, the presiding officer will indicate , in
simple terms , the reason for the hearing and the person who requested it to be held;
4) the petitioner will indicate his claim in concrete terms, the presentation of his
evidence and respective argumentation;

5) when the presentation and argument ends , the presiding officer will allow the other
procedural subjects who must intervene to present their evidence and arguments;

6) once the completion of evidence, arguments and counterarguments, when any, has
been completed, the person presiding over the hearing will communicate the decision
orally in the same act and the essential legal effects of the decision;

7) will indicate to those present that the communication of the decision and its legal
consequences in the act implies that they are formally notified , being recorded as
having signed the minutes of the hearing referred to in article 22 of this regulation;

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8) if it is necessary to schedule another hearing, for the same matter or another that
arises from the decision, it will be communicated to the procedural subjects, indicating
that said communication implies formal notification; and,

9) will conclude the hearing, indicating place, date and time .

Article 22 Registration . (Modified by article 2. of Agreement 7-2006 of the

Supreme Court of Justice). The development of the hearings and debates will be
recorded by any means that guarantees its preservation, inalterability and
individualization.
To integrate the judicial file, a summary record must be divided that contains:

a) The place, date and time of start and end of the hearing . When the hearing takes
place in different places, dates and times, it must be indicated in the minutes.
b ) The identification data and quality of those participating in the hearing or debate. If
the appearing parties are already identified in the case, it will be enough to record only
the names and the quality with which they intervene in the act;
c) The purpose of the hearing or debate;
d) Indicate the way in which the hearing or debate is recorded and the indication of the
official responsible for the custody of the recording record;
e) The operative part of the decision adopted by the judge or court ; and
f) The signature of the judge and those who intervene in the act, whenever they wish to
sign it .
A copy of the audio, video or digital records will be delivered to the parties or
procedural subjects.
When the parties or procedural subjects require it, a simple or certified copy of the
resolution contained in the records may be transcribed, as established by the Judicial
Branch Law. In the same way, the court or tribunal will keep a judicial folder that must
contain in a clear, precise and written form: the record of the data of the parties or
procedural subjects, the place to summon them to hearings or debates, the situation
legal of the accused and the acts of advance of evidence; the authorized investigative
proceedings or acts; the order opening the trial or concluding acts of the process and
the respective sentence duly reasoned.
The succinct minutes of the hearings or debates held must be in the same folder.

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The judicial file will be in charge of the hearing assistant and can provide a copy of the
same to those who require it.

10.3. General Regulation of Courts and Tribunals with Competence in Matters of

Children and Adolescents Threatened or Violated in Their Human Rights and
Adolescents in Conflict with Criminal Law

Article 4.
Speed, concentration and continuity .
The management of the procedure must be carried out within the deadlines
established by law, concentrating the greatest number of actions in hearings that will
be held continuously.
The Judge must promote ex officio all those actions that the law allows without the
need for a prior request or request from a party.
In order to exercise its jurisdictional function, it must be understood that the deadlines
established by law for the court or tribunal are maximum, so it is not necessary to wait
for their complete passage.

Article 5.
Best interest of the child.
In any conflict of interest that may arise during the management of the processes, the
interest of the child must prevail . In any judicial resolution, the Judge must factually
substantiate the prevalence of the best interests of the child, in accordance with the
international instruments of which the State of Guatemala is a party, the Political
Constitution of the Republic, and the legal system of the country .
When the judicial decision involves the granting of a measure of protection or the
imposition of a sanction, the Judge must observe the exceptional and provisional
nature of the institutionalization or deprivation of liberty of children and adolescents .

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CHAPTER III
MANAGEMENT OF THE PROCESS OF CHILDREN AND ADOLESCENCE
THREATENED OR VIOLATED IN THEIR HUMAN RIGHTS

Article 7.
First performances.
In the event of a complaint filed without the presence of the child or adolescent, a
Knowledge Hearing will be immediately scheduled and the Office of the Attorney
General for Children and Adolescents of the Attorney General's Office will be
contacted to begin the investigation .
In the event of an imminent risk to the life or integrity of the child or adolescent, the
Judge will immediately order the appropriate precautionary measures, including the
search warrant , in the execution of which the attorney from the Attorney General's
Office will be present.
If the child or adolescent is present, they will be heard immediately, taking their
statement through the corresponding interview , issuing the appropriate precautionary
measure, if applicable, and setting the date of the Hearing, notifying the parties .
Subsequently and immediately, the Office of the Attorney General for Children and
Adolescents of the Attorney General's Office will be notified to begin the investigation.
In all cases in which there are indications of the commission of a criminal act against
the child or adolescent, the relevant information will be certified by attaching all the
actions carried out to the Permanent Attention Office of the Public Ministry , where it
exists, or to the corresponding Prosecutor's Office.

Article 9.
Knowledge Hearing.
Once the Knowledge Hearing begins on the indicated day and time, the Judge will
verify the presence of the procedural subjects . The Attorney General's Office will orally
report the results of the fact-checking procedures, without prejudice to the possibility of
presenting documents, witnesses and experts that support the progress of the
investigation. Failure to present the indicated elements cannot imply suspension of the
hearing. This hearing will only be suspended due to the non-appearance of the child or
the representative of the Attorney General's Office.

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Once the statement of those appearing has been received, the Judge will propose a
definitive solution . If the Attorney General's Office and, where appropriate, the
parents, accept the proposal, the resolution that decides the final measure will be
issued. Otherwise, a day and time will be set for holding the Final Hearing within a
period that may not exceed thirty days and at the request of the Attorney General's
Office, ordering in the resolution issued the presentation of the Report of the evidence
collected. that will be provided at the hearing. In the same act the parties will be
notified.

Article 10.
Final Hearing.
If new evidence not offered in the Report is presented during this hearing, it will be
completed at the hearing. The Judge will resolve in all cases with the elements of
conviction available to him up to that moment.
The resolution will be notified to the parties at the hearing, reminding them of their right
to challenge the resolution issued at that moment .

Article 11.
Resources.
Duly notified, the parties may immediately challenge the resolutions issued . In cases
where the appeal is not heard by the Court of Children and Adolescence, the parties
will be invited to indicate a place to receive notifications within the perimeter of the
location of the Chamber of the Court of Appeals for Children and Adolescence , in
virtue of the principle of collaboration with Justice.
When the appeal has been filed, the Chamber of the Court of Appeals for Children and
Adolescents, in its first resolution, will indicate the hearing for the parties to present
their grievances , and the appeal must be resolved and the resolution notified at the
hearing.

If new evidence arises or the circumstances in which the measure was decreed have
changed, it will refrain from knowing, sending the proceedings to the court of origin so
that it can resolve in accordance with the law.

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The filing of appeals that are not contained in the Law on Comprehensive Protection of
Children and Adolescents will be rejected in limine.

Article 12.
Modification of measures.
All protection measures granted may be modified at any time as long as the
circumstances that gave rise to it have changed.
Whoever seeks the modification must verbally or in writing request a hearing from the
judge to formulate and support the request . When the request is made, the place, day
and time for holding the hearing will be set , and the other procedural subjects must be
notified so that they can attend it with the means of conviction that support their claims.
At a hearing, the judge will resolve what is appropriate, as established in the incident
procedure regulated in the Law of the Judicial Branch.

Article 13.
Control of the execution of the definitive measure.
The resolution that grants a definitive protection measure must specify and identify the
natural or legal person in charge of executing it , as well as the professional(s) of the
technical team responsible for supervising it, in accordance with the imposed regime.
In the same resolution, it must also indicate: the place, day and time of the hearing to
verify the definitive measure, granted for the restitution of the violated rights and,
where appropriate , confirm, revoke or modify it.
At said hearing, a report must be submitted with their respective means of conviction.
When the measure requires periodic execution control, in each hearing the place, day
and time of the next one will be set and in no case will it be set within a period greater
than two months.

Article 14.
Causes for suspension of hearings.
The Knowledge Hearing and the Final Hearing will always be carried out, without
suspensions , except in the following cases:
1 . Due to the child's non-appearance ; either,
2. Due to non-appearance of the Attorney General's Office
Suspension for these reasons may extend the holding of the hearing only once.
The unjustified non-appearance of the representative of the Attorney General's Office
must be communicated to the Attorney General, for the corresponding disciplinary
procedure, and in the case of parents or guardians, so that legal representation of the
child can be ordered.
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CHAPTER IV
MANAGEMENT OF THE PROCESS OF ADOLESCENTS IN CONFLICT WITH THE
CRIMINAL LAW.
Article 15.
First performances.
In the event of a complaint filed against a teenager, the Public Ministry will be
immediately notified to begin the investigation.
If the adolescent is present , and only if it has not been done previously, a statement
will be taken from him about the attributed fact and an oral statement will be made
about his legal and procedural situation.
If the adolescent is deprived of his liberty and no written accusation or alternative
request is presented by the Public Prosecutor's Office, the proceeding will be in
accordance with the provisions of article 324 bis of the Code of Criminal Procedure.
In the same resolution, notification to the parties of the indictment will be ordered and
the date and time for the intermediate hearing will be indicated within a maximum
period of ten days from the presentation of the accusation.

Article 16.
Intra-institutional Coordination.
The Courts with jurisdiction over Adolescents in Conflict with criminal law must
respond immediately and in accordance with the provisions of the Law on
Comprehensive Protection of Children and Adolescents, as follows :
1. Know prevention where there is no specialized court or it is closed due to schedule
reasons, and order the first steps .
2 . Resolve in case of flagrancy or presentation of the adolescent who is attributed with
the commission of an act classified as a crime, the legal and procedural situation of the
latter , and order the first proceedings.
3. Know and resolve the facts that must be judged by the specific procedure of the trial
of misdemeanors, according to the provisions of article 103.Ba of the Law on
Comprehensive Protection of Children and Adolescents.
All of the above will be carried out immediately regardless of the referral of the file to
another jurisdictional body with jurisdiction in the matter.

Article 17.
Hearings.

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By virtue of the principle of continuity of hearings and in compliance with the guarantee
of orality contained in article 142 of the Law of Comprehensive Protection of Children
and Adolescents , the procedure will be concentrated in three hearings whose date
and time of celebration will be set in the previous . In the intermediate hearing, it will be
resolved by ordering the presentation of the written evidence within a period of five
days and setting the evidence hearing for the sixth day in which the parties will be
resolved and notified of its admission or not, and the decision will be set. debate
hearing to be held within a period of ten days, during which period the Court will
summon the witnesses and experts proposed by the parties immediately.

Article 18.
Conciliation.
Conciliation may be requested voluntarily , even before the start of the debate, and,
whenever there are indications of the adolescent's participation in the incident, the
judge must first ensure that none of the following causes exist :
1. serious violence against people in the alleged act . For these purposes, it will be
understood that there is serious violence in crimes against life, against physical
integrity and against the individual or sexual freedom of people;
2. grounds excluding liability ; and,
3. violation of the best interests of the accused adolescent
When conciliation is requested ex officio, the same limitations of the previous section
will apply as well as in the one promoted before the Court of Peace, when it is aware of
prevention, and for its authorization.

Article 19.
Resources.
The filing of appeals for reconsideration or revocation will be done immediately within
the hearing itself orally , and must also be resolved and notified at that time and
manner.
When the appeal for revocation is appropriate, it may be made in writing within the
following forty-eight hours, indicating, within the next twenty-four hours, the hearing for
notification of the respective resolution.
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In the case of the appeal, the parties will be invited to indicate a place to receive
notifications within the perimeter of the location of the Chamber of the Court of Appeals
for Children and Adolescents , by virtue of the principle of collaboration with Justice.
If the appealed resolution does not put an end to the procedure, it will be resolved
without a hearing within a period of three days, counted from the moment of entry of
the memorial to the Chamber of the Court of Appeals for Children and Adolescents,
being notified at the designated place.
When the resolution puts an end to the procedure, the parties will be summoned to a
hearing within the next five days, notifying them within the hearing itself.
Exceptionally, the hearing may be held within ten days, solely due to distance.
The filing of appeals that are not contained in the Law on Comprehensive Protection of
Children and Adolescents will be rejected in limine.

Article 21.
Causes for suspension of hearings.
The resolution that suspends a hearing will be issued orally and must contain the
cause for suspension, its legal basis in accordance with the provisions of the Law on
the Comprehensive Protection of Children and Adolescents and/or the Code of
Criminal Procedure. It will also state the day and time in which the hearing will
continue.
CHAPTER V
PROVISIONS APPLICABLE TO BOTH PROCEDURES

Article 23.
Documentation of actions and notification of resolutions.
The actions carried out in the hearings, including judicial resolutions, will be recorded
and documented by any electronic, electromagnetic or telematic means that
guarantees the preservation and unalterability of the greatest amount of data or facts ,
unless the Law expressly establishes that the action must be documented. by written
record. Likewise, the resolutions issued will be notified at a hearing and the
corresponding record will be delivered.

Those resolutions that put an end to the procedure will be issued and notified at the
Hearing itself , being documented in the same way unless it is proven that there is no
means of reproduction, in which case it will be transcribed at the end of the hearing.

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Only due to the complexity of the matter or the late hour, a Notification Hearing may be
scheduled within the legally established period for this purpose, and the operative part
must be read in the case of the Sentence handed down in the Final Hearing of the
procedure for Children or Adolescents threatened or their rights violated.

A succinct record will be included in the judicial file, which must include the following:

1 . place, date and time of start and end of the Hearing

2. the identification data and the quality of those who participate . If they are already
identified in the case, it will be enough to indicate their name and the capacity in which
they intervene.
3. the purpose of the hearing and the way in which it is recorded
4 . type of resolution issued and its operative part
5. the signature of the judge and those who intervene in the act
6. notifications made

Article 25.
Registration of processes and users.
There will be a single registration system for the processes where only the essential
data must be recorded: procedure number, origin, child or adolescent and
chronological situation of the procedure . In Courts with mixed jurisdiction, the registry
will be separated by procedures.
There will be a single user registration system that contains all the information that
must be known about previous situations of threat or violation of their rights or about
previous criminal records, as the case may be.

Article 26.
Deposit and archive of processes.
A double system must be implemented: deposit of files in process and archive of
completed processes.
In the Courts with jurisdiction over Children and Adolescents whose rights are
threatened or violated, instead of the Archive of completed processes, a Deposit of
new files must be created for execution and monitoring of the protection measure
issued, and which will begin with the sentence or order that decreed the measure and
will contain the bimonthly reports and the actions and resolutions issued subsequently.
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CHAPTER VI
JUDICIAL OFFICE FUNCTIONS AND MANAGEMENT AND INFORMATION UNIT
FUNCTIONS

Article 27.
Support services for the judicial function.
The support functions for the judicial function will be directed by the Secretary of the
Court who will be the highest authority in the administration of the judicial office.
The support services for the judicial function are the following:
1. Attention and information to the public;
2. Reception of verbal or written requests addressed to the jurisdictional body
3. Registration of all judicial proceedings and assignment of the judicial case number ;
4. Registration of the individual or legal persons involved in the cases ;
5. Control of deadlines that must be observed by the jurisdictional body for decision-
making;
6. Programming or scheduling of hearings that must be substantiated by the
jurisdictional bodies for decision-making;
7. Issuance of simple or certified copies of judicial proceedings ;
8. Completion of notifications and summonses that must be made outside of the
hearings ;
9 . Preparation and processing of supplications, exhortations, dispatches and rogatory
or rogatory letters ;
10. Custody and archive of judicial proceedings;

Custody and protection of evidence until the jurisdictional body determines the
destination and;

12. Preparation and completion of letters.

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The Secretary will assign the functions that must be performed by the auxiliary
personnel according to the workload required to fulfill the services and will supervise
their proper performance.
In the administration of the office, the Judge will limit himself to coordinating with the
Secretary those actions related to the jurisdictional function, with the sole purpose of
guaranteeing an immediate judicial response.

Article 28.
Reception of requirements and registration.
The assistants designated by the secretary will receive the verbal or written requests
that are directed to the jurisdictional body.
Upon receipt of the request, it must be registered in the manual or computer system
enabled for this purpose, the hearing will be immediately scheduled for the
jurisdictional body to issue the corresponding resolution and the receipt will be issued
indicating the place, day and time in which The hearing will be held .
When the law does not require the presentation of the request in writing, the parties
may verbally request the location, day and time for the formulation of the request orally
before the jurisdictional body.
In all cases, the requirements indicated by the applicant, the object of the request and
the indication of the place, day and time at which the hearing will be held will be
recorded.

Article 29.
Assistance at hearings.
The hearing assistant is the one who supports the jurisdictional body and is in charge
of recording the incidents of the hearing , as well as preparing the letters and
documents necessary for the execution of the judge's resolution .
When the hearing is a consequence of a regulatory provision that does not require a
request from the parties, the hearing assistant must present the case to the judge and
the judge will rule on it.
Prior to the hearing, when appropriate, the hearing assistant will verify that the
communications and notifications that guarantee its holding have been made.

Article 30.
Custody and archive .

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The secretary will designate personnel for the orderly custody of the judicial
proceedings and the objects that are linked to the case.
A record will be kept of the actions and objects that guarantees their custody and
consultation by those involved in the process; as well as the immediate determination
of the legal status of the case .
When the final resolution is issued and it is executed, the actions must be sent to the
central file.

Article 31.
Communications and notifications.
Oral or written communications and notifications of hearings will be made at the time
the request or request is submitted.
When the parties do not attend the hearing and the judge has issued the respective
resolution, external notification will be made.
A written record must be kept of communications or notifications.

CHAPTER VII
FUNCTIONS OF THE TECHNICAL TEAM AND ASSIGNED SUPPORT
TECHNICIANS

Article 32.
Integration of technical support teams for children and adolescent judges.
The judge will designate the professionals of the technical team who must supervise
the execution of the decreed protection measure , and will also indicate the place, day
and time of the hearing in which they must submit the respective report.
The professional team will be made up of psychologists and social workers, who will
be in charge of monitoring compliance with the measure.

Article 33.
Functions and services of the technical support team for children and adolescent
judges.
Pursuant to the provisions of the Law on Comprehensive Protection of Children and
Adolescents, their functions will be the following:
1. Record of the cases that have been assigned by the Judge ;
2. Interview the child or adolescent, parents, guardians or guardians ;
3. Interview the person(s) in charge of executing the protection measure;
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4. Visit to the place where the child or adolescent is in order to verify the conditions in
which he or she is;
5. Requirement of documentation that proves the situation and status of the child or
adolescent;
6. Verification of compliance with the deadlines established for the execution of the
measure;
7. Presentation of reports in a Hearing to be held on the day and time established by
the Judge; and,
8. Inform the Judge of the need to modify a measure when it is verified that the
circumstances or conditions have changed or new violations of the rights of the child or
adolescent are detected.

Article 34.
Functions and services of support technicians for the courts of adolescents in conflict
with criminal law.
The Courts for Adolescents in Conflict with the Criminal Law will , where appropriate,
require the intervention of a Psychologist, Social Worker and Pedagogue with sufficient
notice from the Management and Information Unit.
Pursuant to the provisions of the Law on Comprehensive Protection of Children and
Adolescents, their functions will be the following:

1. Support in debate by Psychologist and Pedagogue to establish the

corresponding sanction.
2. Advice from a Psychologist, Social Worker and Pedagogue for approval of the
Individual Implementation Plan and Educational Project .

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CRIMINAL PROCEDURE SYSTEMS

1. INQUISITIVE SYSTEM:
The inquisitorial system arose from the need to pursue criminals.

The process was initiated ex officio in cases of flagrant crime.

The process was secret or semi-secret.

The judge decided what evidence was used, including confession through torture.

The defendant had judicial discretion whether it was promoted or not and free evidence
was not used, but was established by assessed evidence.

2. ACCUSATORY SYSTEM:
The judge only listened to the parties' arguments.

The process ended with a record.

Disadvantages of the adversarial system:

The crime was not punished unless it was known who the criminal was.

The lack of accusation implies forgiveness.

The punishment or sanction depends on the expertise of the offended party.

3. MIXED SYSTEM:
It has two phases:

summary or secret phase.

Public or plenary phase.

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Features:

it's written.

It's a secret.

He is impelled by trade.

Rated and sound critical testing system

ESSENTIAL CHARACTERISTICS OF THE CRIMINAL PROCEDURE CODE:

1. Implementation of the adversarial system.

The adversarial system is that criminal system in which the judge fulfills an impartial
function and dispenses justice, with the parties being obliged to provide the means
of proof, so that the judge can base himself on them and thus be able to issue a
fair sentence, the principles prevail. of publicity, orality, concentration and
mediation of the evidence until a final ruling is issued .

2. Establishment of the oral trial.

It is intended that in a single hearing the court formed by the Supreme Court of Justice will
hear the arguments of the procedural parties as well as the means of evidence and
the results of the investigation methods in order to issue the sentence that
corresponds to the law.

STEPS OF THE ORAL TRIAL:

1. Court entry.

2. President verifies the presence of the parties.

3. The court informs the defendant of the reason for the hearing in words that he
understands and in clear and simple language.

4. Investigation of the accused.

5. Public Prosecutor's Office, defender, and complainant make cross-examinations.

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6. Experts, witnesses.

7. They provide new means of proof.

8. Final arguments, reply or debate.

3. Organization of the criminal justice system.

TO. Criminal peace courts.

b. First instance courts for drug crimes.

c. Courts of first instance for crimes against the environment.

d. Criminal court of first instance.

AND. Criminal sentencing court.

F. Criminal appeals court room

g. Supreme Court of Justice.

H. Criminal execution court.

4. Investigation by the Public Ministry.

The prosecutor's office is disintegrated from the Public Ministry, investigates and decides
whether to pursue criminal action, then the judge orders the prosecutor to
prosecute.

5. Implementation of the Public Criminal Defense Service.

State institution that arises to help people who do not have resources to defend
themselves attached to the Judicial Branch.

It arises as a protection of human rights and constitutional guarantees .

6. Dejudialization.
It is because the jurisdictional bodies have been overloaded with facts of little social
importance, which is why principles are established that expedite the procedures

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so that the Public Ministry sees if an agreement can be reached between the
parties so as not to have to pass it on to the bodies. jurisdictional.

7. Concentration of resources to combat criminal behavior that causes social harm.

Since conflicts that are not brought to the attention of the jurisdictional bodies can be
resolved in the dejudialization phase of the process, the Public Prosecutor's Office
has more opportunity to concentrate its efforts on the investigation phase of other
files or processes of greater relevance.

The American international convention on human rights establishes as a judicial guarantee

that people or parties to a process can appeal the ruling of a competent judge or
court; our code establishes these principles in the resources or challenges that it
establishes.

The right to appeal is found in the Political Constitution of the Republic in its articles. 8, 12,
28.

8. Modification and introduction of means of challenge.

MEANS OF CHALLENGE:

TO. Special Appeal.

This resource is instituted to review the appeal made by the courts as well as the purity of
the procedure, through this resource we require that a higher-ranking judicial body
annul the final resolutions of the immediately lower one.

This appeal proceeds to determine the violation of a special procedure or the

infringement of the substantive law that influences the operative part of the
sentence or order appealed from. It seeks to denote with a greater degree of
certainty the rulings of the courts to guarantee the right of defense and judicial
review, as well as the reestablishment of the violated right or denied justice.

FORM OF SPECIAL APPEAL.

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1. Background. It occurs when it is based on the lack of compliance or erroneous
application of a substantive legal precept.

2. Of form . When it is based on the non-compliance or erroneous application of a law that

constitutes a defect in the procedure.

The appeal will only be admitted if the interested party timely claims during the debate
that the procedural defect be corrected or has protested the special appeal. On the
merits, if it is declared valid, the first degree sentence is annulled since it is not in
accordance with the provisions of the substantive law.

On the merits, the sentence is annulled and the file is sent to the sentencing court to
amend the procedure.

CHARACTERISTICS OF THE SPECIAL APPEAL:

to. Reformatio in peus : principle by virtue of which the resolution that has been appealed
only by the accused or in favor of him cannot be modified to his detriment.

b. When the defects are not essential, they can be corrected ex officio even if they do not
cause cancellation.

b. Generic Appeal. Proceeds against:

1. Sentences issued in the abbreviated procedure and against the final orders issued by
the court of first instance during the control of the investigation and the
intermediate procedure.

2. Appealable orders are issued in the first instance.

TO. Those who resolve sentencing conflicts.

b. Those related to impediments, excuses and challenges.

c. Those who do not admit, deny, or declare the intervention abandoned of

the adhesive plaintiff

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d. Those who do not admit or deny the intervention of the third party defendant.

AND. Those who authorize the abstention from the exercise of criminal action by
Part of Public ministry.

F. Those who deny the practice of advance testing.

g. Those who declare the conditional suspension of criminal prosecution.

H. Those who declare the closure or dismissal of the process.

YO. Those who declare imprisonment or imposition of a substitute measure of

imprisonment or modifications.

J. Those who deny or restrict freedom.

K. Those that set a term to the preparatory procedure.

M. Those that resolve exceptions or obstacles to criminal prosecution.

3. Also those that proceed against the final orders by the execution courts.

4. Against the orders issued by the justices of the peace relating to the criterion of
opportunity.

c. Complaint.

It is what is filed when the appeal is denied by the courts of first instance and when, at the
discretion of the person filing it, it is appropriate.

d. Cassation.

This appeal proceeds both in form and substance, when the final resolutions of the
appeals chambers and the sentences and orders of dismissal issued by the courts
of the intermediate procedure.

In the cassation appeal, as in the special appeal, the fact judged is not reviewed but rather
the application of substantive law and procedural law and is in the exclusive
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interest of the law with which it can only be filed by the Public Prosecutor's Office
and the defender. . This proceeds for reasons of form and substance.

Background: when it refers to violations of law that have definitively influenced the
resolution of a court.

Form: when it is due to violations with followed procedures.

AND. Revision.

It is the so-called appeal since it allows the review of an already enforced sentence, it is an
exception to res judicata, it proceeds to review the sentences that are already
being served by the convicted and only when new facts or elements of evidence
are suitable, To obtain the acquittal of the convicted person to establish a less
serious sentence, it is brought before the Supreme Court of Justice.

9. Special procedures for specific cases.

It arises from the need to accelerate the judicial procedures in a certain case, to deepen
the investigation when the writ of habeas corpus fails, to prevent the commission
of new crimes and of a special nature, private illicit crimes and misdemeanors,
which determined the creation of variants. in the common process are.

1. Abbreviated procedure.

It is appropriate when the Public Ministry considers the lack of criminal will of the accused
sufficient due to the low seriousness of the crime or the lack of dangerousness; it is
appropriate when the imposition of the penalty of deprivation of liberty does not
exceed 2 years or consists of a fine. In this case, the Public Prosecutor's Office, with
the agreement of the accused and his defender, will request the corresponding
sentence from the first instance judge, listening first to the accused. All parties
must agree.

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The difference with the criterion of opportunity is that for this to proceed, the maximum
penalty must not exceed two years, while in the abbreviated procedure the excess
of the penalty with which a crime is punished can exceed two years.

2. Special investigation procedure.

It occurs when an appeal for habeas corpus fails and when there are elements or reasons
that suggest that the person in favor of whom the appeal was filed is illegally
detained, any person may request the Supreme Court of Justice to order the
Ministry Public an investigation in this regard within a maximum period of 5 days
and will dictate the necessary measures to obtain the immediate freedom of the
illegally detained person. The investigation may also be ordered to the Human
Rights Ombudsman or to an entity or association legally established in the country,
to the spouse. , or relatives of the victim, with this procedure the aim is in some
way to collaborate in strengthening the rule of law in Guatemala.

3. Trial for crimes of private action.

Articles 474 to 483 of the criminal procedure code.

4. Judgment for the exclusive application of safety and correction measures.

It is applied when, at the discretion of the Public Ministry and after the preparatory
procedure has been carried out, it is estimated that only a correction or security
measure should be applied. In this case, the opening of a trial will be requested in
the forms and conditions agreed upon and provided for the common trial.

The request must be made on two criteria:

to. The main or accessory penalty is correlatively insufficient due to the dangerous nature
of the person responsible for the crime.

b. That the imputability of the accused merits curative measures, guardianship or special
protection.

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Security measures will apply to:

1. Attributable to mental illness (minors are outside the rule).

2. The mentally ill or mentally ill who are repeat offenders, habitual professional or
possession offenders.

5. Judgment of faults.

The criminal justices of the peace, with the exception of the first instance judges in the
abbreviated procedure, and the sentencing courts in the common procedures, are
competent to hear the trial of offenses against public order, are competent to
classify and sanction the offenses that They are related to crimes subject to
procedures under the jurisdictional body.

Since it is an accelerated procedure for the resolution of minor crimes, the justice of the
peace in a single hearing will listen to the parties and will receive the evidence and
hand down a sentence in a single instance, the low significance of the infraction
makes convenient a procedure characterized by the lack of solemnity. No appeal is
accepted, in the record of judgment in a single instance, and at the request of a
party.

10. Judicial control over execution of sentences.

The suffering of a penalty does not arise from the commission of a crime established in a
signed sentence and issued by a jurisdictional body on behalf of the state, in
accordance with our constitution, execution is not an administrative task but is a
jurisdictional task art. 203 Political Constitution of the Republic. Which establishes
that the courts of justice are responsible for judging or promoting the execution of
what is judged, consequently the execution of a criminal conviction sentence
constitutes a judicial activity.

11. Entry of the civil matter into the procedure.

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For reasons of procedural economy and to streamline the administration of justice, civil
action is empowered to be brought within a criminal proceeding provided that the
damages and losses claimed have been caused by the crime being tried; the crime,
as is known, does not produce more. effect than a penalty or the application of
security measures, but it is also a source of obligations when rights or private
interests are harmed.

Therefore, as a result of the commission of a crime, civil actions may arise. The civil action
seeks to obtain from the responsible person the restitution of the thing, reparation
for the damage caused and compensation for the damage caused. When we
attempt civil action in the criminal process, the first one will never be resolved until
the responsibility of the defendant in the second process is resolved. When a
defendant is convicted, he is not criminally responsible, nor can he be civilly
responsible.

The request for a person to intervene as a civilly sued third party must be formulated
before the Public Ministry's accusation, explaining the judicial link between the
third party and the accused, the first instance judge will decide on the request and
notify the parties.

12. Bilingual system in judicial proceedings.

13. Modification to the military code.

GENERAL PRINCIPLES OF THE GUATEMALAN CRIMINAL PROCESS

Concept of procedural principles:

They are the values or postulates that generate the criminal process, delimiting its way of
being as an instrument to carry out the right of the state to exercise the actions that

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derive from the commission of a criminal or illicit act, typified by law known as a
misdemeanor or crime.

GENERAL PRINCIPLES.

1. JUSTICE.
Justice is the principle according to which human beings should be treated equally. Justice
is an activity of the state exercised through judges who tend to protect the assets,
rights and actions, as well as the guarantees of the population, it is also one of the
values that constitutes society, whose existence and realization represents the will
collective of being and constituting a prosperous, peaceful and democratic society,
culture, politics, economy. Finally, justice is a personal experience deeply embedded in
the heart of man as a fundamental value.

2. BALANCE.
The generalization of dangerous behaviors forces, if we want to maintain an orderly and
harmonious coexistence within society, to concentrate resources and efforts on the
criminal prosecution of crime. Of course, efforts must also be made to confront the
causes that generate crime. Although it is not the responsibility of the jurisdictional
bodies to combat impunity, but rather to legitimize the legal order that is broken or
threatened, to maintain peace and social creation, the fulfillment of such function
affects its successful confrontation, because the Prosecution and punishment of
criminal perpetrators serves as a counter-stimulus to behaviors inclined to commit
crimes since it instills respect and fear of the law, favoring social solidarity.

3. DEJUDIALIZATION
Modern societies have discovered that they must accept the impossibility of judicial
ominpotence, the avalanche of work forces that jurisdictional body to begin prioritizing
the processes that it is in charge of since some have social significance and others do
not, thus to allow matters to of less importance can be treated in a simple and quick
way, it is necessary to rethink the theories of substantive criminal law referring to

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public crimes. In this way, the theory of relevant typicity arises that forces the state to
prioritize criminal acts that produce impact. social.

Less serious crimes or crimes of little or no social significance, known as trifle crimes, are
treated differently in other countries. This requires that the Guatemalan criminal
process be readjusted in terms of these formulas but applied to the national reality,
since our country, due to the high poverty rate that has a crime of little social
backwardness, can be of great importance or individual impact, its Inattention can
cause citizens to abandon judicial channels and use brute force to take justice into their
own hands.

In Guatemala, dejudialization occurs for three reasons

to. Conversion article 26:

It is applied when, in the opinion of the Public Ministry and with the approval of the
judge, there is no social impact. If it is a crime punishable by imprisonment that does
not exceed two years or a fine, the Public Ministry, with prior judicial authorization,
proceeds to refrain from exercising criminal action. . Provided that the accused or
responsible person accepts the repair of the damage caused or existing with an
agreement for payment or condonation.

b. Opportunity criterion article 27:

It is the mechanism by which certain actions of public exercise or of little or no social

impact, or derived from crimes against property, are transformed and charged with
persecution at the will of the injured party.

c. Suspension of criminal prosecution article 72:

It consists of the suspension of the process under the condition of good conduct and not
committing another crime, with the power of the Public Prosecutor's Office to request
to continue the processing of the process.

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4. CONCODANCE:
Within this principle, the parties in charge of resolving conflicts, as long as the offender is
the first and the parties agree, must bring the parties to a peaceful solution. The
essential functions of judges according to this principle are:

to. Decide by means of a ruling the controversies and legal situations subject to its
jurisdiction

b. Contribute to social harmony through the advent of the parties to a peaceful solution to
the conflict

The matching principle proceeds in three phases:

YO. Admission of the parties with the intervention of the Public Ministry or judge.

II. Waiver of criminal action by the Public Ministry.

III. Omonologation of the resignation made before the judge.

5. EFFECTIVENESS.
The actions formulated by the jurisdictional body and by the public office in charge of
criminal sanctions are appropriate to reduce citizen insecurity.

6. SPEED
It aims to ensure that the administration of justice is prompt and effective and that there
is not so much bureaucracy and absurd paperwork. Apply dejudialization for quick
application.

7. SIMPLICITY.
Taking into consideration the importance or transcendence of criminal law, its procedural
forms must be simple and simple in order to seek the defense of the principles and
guarantees of the accused.

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Simplicity does not mean anti-formalism, since ely requires certain requirements that
must be taken into account, both by the procedural subjects and by the judge. Failure
to comply with these requirements could justify the nullity of the actions.

8. DUE PROCESS.
It is the one that establishes that no one can be judged except in accordance with pre-
existing laws. In Guatemala, during the last fifteen governments, the lack of democratic
values and the total disrespect for the conspirators contained in the constitution could
not be demonstrated. (They issued preventive detention as an anticipated sentence.)
Eugenio Florian “the state cannot exercise its right of repression because in the
procedural form and before the jurisdictional bodies established by law.

9. DEFENDING.
It is enshrined in the Political Constitution of the Republic in article 12, which establishes
that no one can be convicted without first having been summoned, heard and defeated
in a trial.

10. INNOCENCE.
It is one in which the accused is presumed innocent until the contrary is proven and
resolved.

11. PLEASE REI:

applies the most benign law to the accused or convicted with attention to their legal
situation.

12. FAVOR LIBERTATIS:

seeks to avoid the accused's stay in prison for the shortest time. The order of provisional
detention is reserved for crimes of certain social importance or of greater severity, the
best way to enforce this principle is substitute measures art. 264 Criminal Procedure
Code.

13. SOCIAL READAPTATION.

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With the passage of time and with the recognition of the minimum rights of man, the
condemned tend to rehabilitate the condemned and readjust him to the society that
has separated him from it.

14. CIVIL REPARATION

that the sentence handed down in criminal matters serves in civil matters and is valid in
the same process. (Before, a separate trial had to be made for the damages caused) for
the damages.

Common crimes are heard in ordinary courts.

SPECIAL PRINCIPLES.

1. OFFICIALITY:
the present of the authority in the exercise of its functions

2. CONTRADICTION:
there is a dispute between the parties

3. ORALITY:
means a means of spoken communication and not written communication, in a criminal
process orality occurs as a means of communication between the judge and the parties,
and is also used as a means of providing evidence to the process. This principle basically
occurs in the criminal process in the debate phase since the first two phases of the
criminal process are written, since it is limited to searching for the means of evidence
that allow the accusation by the Public Ministry to be substantiated, the exception that
This principle is established in the criminal procedure code in article 348.

4. CONCENTRATION

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This principle means that the means of proof that occur in the debate are brought
together in a single act and in this phase the means of proof that have been used or
acquired for the process are provided through the debate hearing.

Day and hour

court entry

verification of the parts

opening of the trial

incidents

statement of the accused

evidence experts

documents

witnesses

concussions of the parties

judgment

5. IMMEDIACY
The judge is present during the entire process. It occurs when the judge directly witnesses
the development of a process basically and primarily it is presented with the
contribution of the means of proof to the process itself, since the judge must have it in
view and participate as an active subject and not as a mere spectator of the means of
proof

6. ADVERTISING
7. HEALTHY CRITICISM
8. DOUBLE INSTANCE
9. JUGED THING.
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RESOURCES (PUBLISHMENTS PHASE)

REPLENISHMENT RESOURCE:

The appeal for reconsideration is a means to correct errors in the decrees that are issued
without a prior hearing, as long as said decrees are not appealable. By virtue of this
appeal, the court or tribunal that issued it must review the decision adopted and replace it
totally or partially if appropriate.

During the preparatory and intermediate phases, the appeal is filed within three days in
which it was learned.

The court must decide: within three days

During the debate the appeal is filed verbally or orally and is resolved immediately .

SCHEME

DECREE NOTIFICATION THE APPEAL IS FILED BEFORE THE

SAME COURT IN THREE DAYS THREE DAYS IS RESOLVED
CERTIFICATION WITH THE TOTAL OR PARTIAL REPLACEMENT,
OR NOT OF THE DECREE

CAR CONTENTS

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court appointment

date

considering

therefore

resolution

char.

It proceeds eminently against decrees.

The same court decides.

GENERIC APPEAL REMEDY:

This appeal proceeds against

the orders that are dictated in the preparatory phase,

in the intermediate phase,

in sentences handed down in abbreviated procedures,

in the final orders issued by the executing judge.

The generic appeal must be filed in writing within three days of notification before the
judge who issued the appealed order, who must send it to the corresponding jurisdictional
court where the appealing party will express grievances, errors or reasons that propose
the filing of the appeal, the jurisdictional chamber will resolve within three days without
prior hearing of the parties.
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SCHEME

CARS NOTIFICATION THREE DAYS TO FILE THE

APPEAL ELEVATES INTO THE ROOM IS
RESOLVED WITHIN THREE DAYS

FOR THE ABSRIED PROCEDURES THAT DEAL WITH SENTENCES GIVEN, THE APPEAL COURT
SCHEDULES A HEARING WITHIN FIVE DAYS OF RECEIVING THE FILE TO EXPRESS
ACKNOWLEDGMENTS, WHICH MAY BE RAISED VERBALLY OR IN WRITTEN FORM.

SCHEME

JUDGMENT NOTIFICATION THREE DAYS TO FILE THE

APPEAL FIVE DAYS OF HEARING TO EXPRESS
GRIEVANCES RESOLVES WITHIN THREE DAYS
CERTIFICATION FOR THE COURT OF FIRST INSTANCE.

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Notwithstanding that the law establishes the appeal that can be filed against the judicial
resolutions issued by the first instance judges, specifically, the case of the generic appeal
appeal can be presented before the jurisdictional court in the event that the judge denies
it by placing in practices the principle of defense established so that the aggrieved party
can appeal by virtue of the denial to this procedure, it is called

COMPLAINT APPEAL

Once the resolution of the denial has been issued and once notified, you have three days
to file the complaint before the corresponding chamber, which may request a
substantiated report from the lower judge or may request the referral of the file.

Once the report or file is received, the court has 24 hours to issue a resolution that may be
dismissal or upheld. When the appeal is dismissed, the proceedings are returned to the
lower judge, and if it is declared upheld, the proceeding is carried out in accordance with
the appeals art. 412-414 and 404-411 of the cpp.

SCHEME

ORDER OF DENIAL NOTIFICATION THREE DAYS

TO INTERPOSE IT ROOM REQUESTS REPORT OR
EXP WITHIN 24HRS. ONCE RECEIVED, RESOLVED
WITHIN TWENTY-FOUR HOURS WITH PLACE
HE SUEBEN
ACTIONS AND
THE PROCESSING
APPEAL

NO PLACE HE
THEY RETURN THE
ACTIONS AT
COURT
JUDICIAL SYSTEM 75

LOWER
 JUDICIAL SYSTEM

SPECIAL APPEAL REMEDY:

Due to the delay in the annulment appeal that is included in the previous system, this
appeal was born as a consequence, this appeal is limited to reviewing the judgment of law
contained in the sentence, reviewing only the relationship of the facts with the applicable
legal norm, especially a second-class court. instance which is prohibited from reviewing or
reconstructing a historical aspect of the event subject to the rules since it lacks the power
to establish facts since the determined function of the special appeal may be filed by the
parties in written form with an expression of the basis of the causes. that provide it within
a period of 10 days from the ruling, this appeal is presented before the court that issues
the corresponding ruling in the interposition document. The appellant must indicate the
precepts of form and function that he considers have not been observed. , which have
been misappreciated, which have been incorrectly applied or which influence a substantial
defect in the procedure, proceeds for reasons of form and substance.

For reasons of form, when there is non-observance or erroneous application of a law that
constitutes a procedural defect as a prerequisite for it to proceed for this reason, the
interested party must present its corresponding claim in order to have it corrected or
leave a record of his annulment protest.

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Proceeds for underlying reasons when there is non-observance or erroneous application
of the law.

JUDGMENT TEN DAYS TO FILE THE APPEAL THE NEXT

BUSINESS DAY THE PROCEEDINGS ARE SENT TO THE ROOM IF
REJECTED, THE ACTIONS ARE RETURNED


IF YOU ADMIT IT SIX DAYS TO EXAMINE PERFORMANCES A

HEARING FOR DEBATE IS SET WITHIN TEN DAYS  DELIBERATION

AT THE END OF THE HEARING THE HEARING IS COMPLETED

AND A RESOLUTION IS GIVEN DECLARING:


ERROR OF BACKGROUND OR FORM

CASSATION APPEAL

It also proceeds for reasons of form and substance, against final sentences or orders
issued by the appeals chambers, the procedural subjects can assert it.

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Form procedure article 440 cpp

Substantive procedure article 441 cpp.

It is filed before the Supreme Court of Justice within a period of 15 days with an
expression of reasons, it can also be presented to the court that issues it and then it is
sent to the Supreme Court of Justice.

PROCEDURE:

AUTO OR FINAL SENTENCE THE APPEAL IS PRESENTED EITHER

BEFORE THE Supreme Court of Justice OR BEFORE THE

CHAMBER REFUSED

PROCESSING IS PROVIDED AND CARS REQUESTED  DAY AND

TIME IS SET FOR THE PUBLIC HEARING THE PUBLIC HEARING

HAS BEEN COMPLETED WITHIN FIFTEEN DAYS OF THIS IT IS

RESOLVED:

IF IT IS A FORMAL MATCH = RENDERING


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IF IT IS A COURSE OF FUNDS = A CORRESPONDING JUDGMENT IS
GIVEN

The prisoner can be ordered and released by ordering his immediate release and the
cessation of correction or security measures.

REVISION

When a sentence has already been executed, this appeal proceeds only insofar as it favors
the prisoner, it is processed before the Supreme Court of Justice, it proceeds only if there
are new facts or elements of evidence already examined, they are suitable to support the
acquittal, a decision is made on the origin and a deadline is granted to the challenger if the
requirements are not met so that he or she can complete them. If appropriate in the
investigation phase, a hearing is given to the Public Ministry to investigate, the day and
time for the hearing is indicated in the resolution issued. by the Supreme Court of Justice
there is no appeal

The review can be declared admissible or the sentence annulled.

If the sentence is annulled, it is sent to a new trial.

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