Libro Primero Título I. De la ley penal

No one shall be punished for acts not expressly classified as crimes or misdemeanors by a law prior to their perpetration; nor shall penalties other than those previously established by law be imposed.

If the law in force at the time the crime was committed were different from any subsequent law, that law whose provisions are favorable to the defendant shall apply, even when a final judgment has been rendered and he is serving his sentence.

The exceptional or temporary law shall apply to acts committed while it was in force, even when it has ceased to be in force at the time the judgment is rendered, except as provided in Article 2.

Except as established in international treaties, this Code shall apply to any person who commits a crime or misdemeanor in the territory of the Republic or in places or vehicles subject to its jurisdiction.

This Code shall also apply:

1º.For a crime committed abroad by a public official in the service of the Republic, when it has not been tried in the country in which the act was perpetrated.

2º.For a crime committed on a Guatemalan vessel, aircraft or any other means of transport, when it has not been tried in the country in which the crime was committed.

3º.For a crime committed abroad by a Guatemalan, when their extradition has been denied.

4º.For a crime committed abroad against a Guatemalan, when it has not been tried in the country of its perpetration, provided there is an accusation by a party or by the Public Prosecutor's Office and the accused person is in Guatemala.

5º.For a crime which, by treaty or convention, must be punished in Guatemala, even when it has not been committed in its territory.

6º.For a crime committed abroad against the security of the State, the constitutional order, the integrity of its territory, as well as falsification of the signature of the President of the Republic, falsification of currency or banknotes of legal tender, bonds and other titles and documents of credit.

In the cases of subsections 1 and 6 of the preceding article, the accused person shall be tried under Guatemalan law, even if he has been acquitted or convicted abroad. The penalty or part thereof already served, as well as the time already spent in detention, shall be credited to the person subject to proceedings.

In all other cases, if there has been a conviction, the more lenient law shall apply. The foreign judgment shall constitute res judicata.

By analogy, judges shall not create criminal offenses nor apply sanctions.

Extradition may only be sought or granted for common crimes. When the extradition is covered by international treaties, it may only be granted if reciprocity exists. In no case may extradition be sought or granted for political crimes, nor for common crimes connected therewith.

The provisions of this Code shall apply to all matters of a criminal nature regulated by other laws, insofar as such laws do not provide otherwise, implicitly or expressly.