Título XIV. Sanciones y rehabilitaciones

For the purposes of this law, the Public Prosecutor's Office or any private individual has the right to file a complaint before the Supreme Court of Justice regarding the impediments of the Notary to practice their profession.

The tribunal, with the intervention of one of the prosecutors of the Chambers, shall process the complaint in summary form with summons to the challenged Notary; and shall order the taking of such proceedings as it deems pertinent, as well as those proposed by the Notary.

Against the decision issued, a motion for reconsideration shall lie before the same Court.

When the Supreme Court of Justice, on its own initiative, has knowledge that a notary has incurred any of the grounds for incapacity for the practice of his profession, it shall inform one of the prosecutors of the Chambers, so that he may proceed to formalize the complaint.

Notaries who fail to send the certified copies referred to in Article 37, or to give the notices to which Article 38 of this Law refers, within the time periods established for such purpose, shall incur a fine *equivalent to one hundred percent (100%) of the fees established in accordance with the fee schedule provided in Title XV of this Law, per violation, which the Director General of Protocols shall impose and which shall be paid to the Treasury of the Judicial Branch, as private funds of said Branch.

All sanctions established by the Director General of Protocols shall be imposed following a fifteen-day hearing granted to the interested party, which hearing shall be notified by certified mail with return receipt to the last address recorded for such purpose in the General Archive of Protocols. Against the decision issued by the Director General of Protocols, an appeal for reconsideration shall lie, which must be filed within three days counted from the date of receipt of the notification by certified mail. Said appeal shall be filed before the Director himself, who shall elevate the proceedings to the Supreme Court of Justice for decision. Said tribunal shall decide by applying the incidental procedure provided in the Law of the Judicial Branch. Against the decision of the Supreme Court of Justice no other appeal shall lie. Whenever the filed appeal is declared without merit, the fine provided in the first paragraph of this article shall be imposed on the appellant, increased *by between five hundred *and three thousand quetzales, *according to the amount of the appealed decision.

The other violations referred to in this law shall be sanctioned by the Supreme Court of Justice, provided they do not constitute a crime, or by the tribunal hearing the matter, as applicable, which may admonish or censure the offending notary, or impose on him a fine, which shall not exceed twenty-five quetzales. In case of recidivism, the fines may be up to one hundred quetzales, or suspension from one month to one year. The sanction shall be imposed in an agreed order with justification of grounds.

The Secretariat of the Supreme Court of Justice shall keep a book in which shall be entered the decisions sanctioning the violations incurred by the Notaries, or a copy of those issued by other tribunals.

For purposes of suspension in case of crime, the tribunals hearing the matter shall communicate to the Supreme Court of Justice the imprisonment order or judgment they issue against the notary.

Notaries who have been convicted of the crimes specified in paragraph 4 of Article 3 of this law may be rehabilitated by the Supreme Court of Justice, provided that the following circumstances concur:

1.That two years in addition to the time imposed as penalty in the judgment have elapsed;

2.That during the time of the sentence and the additional two years referred to in the preceding paragraph, they have observed good conduct;

3.That there be no recidivism; and

4.That the Superior Council of the University of San Carlos issue a favorable opinion.

The rehabilitation file shall be processed before the Supreme Court of Justice, and against the decision issued by it no appeal shall lie other than that of liability.