Libro Segundo Título II. De los delitos contra el honor

Calumny is the false imputation of a crime of those that give rise to procedure on its own initiative.

The person liable for calumny shall be sanctioned with imprisonment from four months to two years and a fine of fifty to two hundred quetzales.

In the case of the preceding article, the accused of calumny shall be exempt from all criminal liability upon proving the truth of the imputation.

Any expression or action carried out in dishonor, discredit or contempt of another person constitutes insult.

The person liable for insult shall be sanctioned with imprisonment of two months to one year.

No evidence concerning the truth of the imputation shall be admitted to the accused of insult.

When insults are provoked or reciprocal, the tribunal may, according to the circumstances, exempt both parties or either of them from criminal liability.

There is a crime of defamation when the imputations constituting calumny or insult are made in a form or by means of dissemination that may provoke hatred or discredit, or that impair the honor, dignity or decorum of the offended person before society.

The person liable for defamation shall be punished with imprisonment of two to five years.

Whoever knowingly reproduces by any means insults or calumnies inflicted by another shall be sanctioned as author thereof for two to five years.

No one commits the crime of calumny, insult or defamation, provided he has not acted out of self-interest or with intent to harm:

1º.Whoever technically expresses his opinion on any literary, artistic or scientific production.

2º.Whoever, by reason of duty, expresses his judgment on the capacity, education, aptitude or conduct of another person.

The crime of calumny, injuria, or defamation is committed not only manifestly, but also by allegories, drawings, caricatures, photographs, emblems, allusions, or any other means similar to the foregoing.

The conduct of proceedings for calumny, insults or defamation shall cease:

1º.If the accused publicly retracts before answering the private criminal complaint or in the act of doing so and the offended party accepts the retraction.

2º.If, in the case of covert or equivocal calumny or insult, the accused gives satisfactory explanations before answering the private criminal complaint or at the moment of doing so.

This provision is not applicable when the imputation has been directed against a public official.

The crimes of calumny, insult or defamation may only be prosecuted upon accusation by the aggrieved party, except when the offense is directed against a public official, public authority or institutions of the State.

For this purpose, the Heads of State or the diplomatic representatives of friendly or allied nations and the other persons who, according to the rules of International Law, must be included in this provision shall also be deemed authority. In this case, proceedings may only be initiated upon instigation by the Public Prosecutor's Office.

No one may bring an action for calumny or insult caused in trial without prior authorization from the judge or tribunal that heard it.

When the memory of a deceased person is offended, the action for calumny, insult or defamation belongs to the spouse, any of the ascendants, descendants, siblings of the deceased or to the heir thereof.

The pardon of the offended party extinguishes criminal liability or the penalty in the crimes of calumny, insult and defamation against private individuals.