Libro Segundo Título VI. De los delitos contra el patrimonio

Whoever takes, without due authorization, movable property, wholly or partially belonging to another, shall be sanctioned with imprisonment of 1 to 6 years.

It is aggravated theft:

1º.That committed by a domestic servant or with serious abuse of trust intervening.

2º.When committed by taking advantage of public or private calamity, or of common danger.

3º.When committed in the interior of a house, room or dwelling or, in order to commit it, the agent remains surreptitiously in a building or place intended for habitation. This aggravating circumstance shall not apply when the theft concurs with that of unlawful entry into a dwelling.

4º.When committed using a picklock, false key or other similar instrument, or a true key that had been stolen, found or retained.

5º.When two or more persons participate in its commission, with one or several impersonating authority or heads or employees of a public service.

6º.When the theft is of objects or money belonging to travelers and is carried out in any kind of vehicles or in stations, docks, hotels, boarding houses or guest houses.

7º.When it is of religious or military items, of scientific, artistic or historic value or intended for public use or ornament.

8º.If the theft is of firearms.

9º.If the theft is of livestock.

10.When the stolen property consists of products separated from the soil, machines, accessories or work instruments left in the field, or wire or other elements of fences.

11.When the theft is of vehicles left on the public road or in places of public access. If the stolen vehicles are taken to and accepted in premises, workshops, parking facilities or places selling spare parts, for sale, disposal or dismantling, the owners of the aforementioned businesses, their managers, administrators or legal representatives shall be jointly and severally liable with the perpetrators of the theft, the owners, managers, administrators or legal representatives of such businesses, who in any case are obligated to verify the lawful origin of the vehicles received for their commercialization.

The person liable for aggravated theft shall be punished with imprisonment of 2 to 10 years.

Whoever, without due authorization, takes a movable thing, wholly or partially belonging to another, with the sole purpose of using it and makes restitution thereof in circumstances clearly indicating such purpose or inferable from the nature of the act, leaving the thing in conditions and a place permitting its easy and prompt recovery, shall be sanctioned with a fine of two hundred to three thousand quetzales, without prejudice to responsibility arising from damage caused to the thing. When theft of use is committed to carry out abduction or kidnapping or for subversive ends or purposes, imprisonment of two to five years shall be imposed on the offender, without prejudice to the sanctions corresponding to the other crime.

Whoever unlawfully takes electrical energy, water, gas, or power from an installation or any other fluid belonging to another shall be sanctioned with imprisonment of two to four years and a fine of ten thousand quetzales.

Whoever, forming part of an organized criminal group or criminal organization, unlawfully removes, induces or promotes the removal or illegal connection of electrical energy, water, gas, or power from an installation or of any other fluid belonging to another, shall be sanctioned with imprisonment of four to eight years and a fine of one hundred thousand quetzales.

Whoever, without being duly authorized as final distributor, performs any unauthorized manipulation from the final distributor's network to any supply point or benefits from electrical energy through illegal manipulation of the network, shall be sanctioned with imprisonment of five to eight years and a fine of five to ten thousand quetzales, without prejudice to the corresponding civil and administrative liability.

Whoever charges or collects sums of money derived from the supply of electrical energy, without being authorized by the Final Distributor from whose network the supply originates, shall be sanctioned with imprisonment of five to eight years and a fine of ten thousand to fifty thousand quetzales, without prejudice to the corresponding civil liability.

The owner of a movable thing who takes it from whoever lawfully has it in his possession, to the prejudice of that person or of a third party, shall be sanctioned with a fine of one hundred to two thousand quetzales.

Whoever, without due authorization and with violence prior to, simultaneous with, or subsequent to the apprehension, takes a movable thing wholly or partially belonging to another shall be sanctioned with imprisonment of 3 to 12 years.

It is aggravated robbery:

1º.When committed in an unpopulated place or by a gang.

2º.When violence, in any form, is employed to enter the place of the act.

3º.If the offenders carry weapons or narcotics, even when they do not make use of them.

4º.If they carry it out by simulation of authority or using disguise.

5º.If committed against a banking, collection, industrial, commercial or mercantile office or another in which funds are kept or when violence is exercised upon its custodians.

6º.When the crime is committed by assaulting a railway, ship, vessel, aircraft, automobile or other vehicle.

7º.When any of the circumstances contained in subsections 1º, 2º, 3º, 6º, 7º, 8º, 9º, 10 and 11 of Article 247 of this Code concur.

The person liable for aggravated robbery shall be sanctioned with imprisonment of 6 to 15 years.

When the act referred to in Article 248 of this Code is committed with violence, it shall be classified as robbery of use and sanctioned with imprisonment of six months to two years.

When the circumstances referred to in the last paragraph of the cited article concur, the penalty to be imposed shall be three to eight years of imprisonment.

Whoever, with violence, unlawfully subtracts electrical energy, water, gas, or power from an installation or any other fluid belonging to another person, shall be sanctioned with imprisonment of five to eight years.

If whoever commits the crime described in the preceding paragraph forms part of an organized criminal group or criminal organization, the penalty to be imposed shall be imprisonment of eight to twelve years.

When the act referred to in Article 250 of this Code is committed with violence, it shall be classified as improper robbery and sanctioned with imprisonment of six months to two years.

When the acts to which the preceding articles relating to Theft and Robbery refer, where the object that is the subject matter of the crime is intended for worship, whether a sacred thing or not, such as the Blessed Sacrament, Holy Oils, Holy Images, in sculptural form or in painting, sacred vessels, chalices, ciboria, patens, monstrances, corporals, purificators, ornaments, sacred vestments, baptismal fonts, confessionals, pulpits, crowns, halos, rings, chains, bracelets, crucifixes, flower vases, candlesticks; High Cross, processional candlesticks, censers, collection boxes, bibles or any other similar object of high religious, profane or historical content, regardless of whether or not they are committed in the place intended for worship, the penalty to be imposed shall be, in the case of theft, that of twelve years (12) of non-commutable correctional imprisonment, and in the case of robbery, that of twenty years (20) of non-commutable correctional imprisonment. In both cases a fine of not less than twice the value of said objects shall be imposed.

For persons who knowingly acquire, alienate, export, traffic in or alter in any manner said objects, or similar ones, the penalty to be imposed shall be ten years (10) of non-commutable correctional imprisonment, and a fine of twice the value of the objects that are the subject matter of the crime. Their legitimate owners and holders, and legally authorized persons, are excepted.

It shall be the obligation of the State to ensure the immediate securing of such objects, as well as the prompt delivery to their owners, and/or legitimate holders.

Whoever, for purposes of unlawful appropriation or exploitation, dispossesses or attempts to dispossess another of the possession or holding of an immovable property or a real right constituted thereon, or whoever, unlawfully, for any purpose, invades or occupies an immovable property, commits the crime of usurpation.

Remaining in the immovable property constitutes flagrante delicto in this crime. The Police, the Public Prosecutor's Office or the judge are obliged to prevent the punishable acts from continuing to cause further consequences, ordering or proceeding as appropriate to immediate eviction.

The person liable for usurpation shall be sanctioned with imprisonment of one to three years.

The penalty shall be two to six years of imprisonment, when in any of the cases referred to in the preceding article, any of the following circumstances concurs:

a)That the act is carried out by more than five persons;

b)When the usurper or usurpers remain in the immovable property for more than three days;

c)When the possessors or owners of the immovable property, their workers, employees or dependents, are denied access to the immovable property or are expelled therefrom by the usurpers or have to abandon it due to any type of intimidation exerted against them by the latter;

d)When the act is carried out by means of harassment, disorder, violence, deceit, abuse of trust, clandestinity or intimidation;

e)When any type of damage or harm is caused to the immovable property, its crops, facilities, access roads or natural resources

The penalties indicated in this article or in the preceding one, as applicable, shall also apply to those who instigate, propose, force or induce others to commit this crime or cooperate in its planning, preparation or execution.

Whoever, for purposes of unlawful appropriation or exploitation of all or part of an immovable property, alters the terms and boundaries of towns or estates or any kind of signs intended to establish the limits of contiguous properties, shall be sanctioned with imprisonment of one to two years, if the act is committed with violence, and with imprisonment of six months to one year, if no violence is involved.

Whoever, without being covered by the three preceding articles, disturbs with violence the possession or holding of an immovable property, shall be sanctioned with imprisonment of one to three years.

Whoever, for purposes of appropriation, unlawful exploitation or harming another, dams, diverts or detains the waters, destroys, totally or partially, dams, canals, ditches or any other means of retention or conveyance thereof or, in any other manner, obstructs or impedes the rights of a third party over said waters, shall be sanctioned with imprisonment of one to three years and a fine of one thousand to five thousand quetzales.

Whoever, in order to procure an unjust profit, to defraud him or to demand from him any amount of money, with violence or under direct or covert threat, or through a third person and by any means of communication, forces another to deliver money or property; likewise, when with violence he forces him to sign, subscribe, execute, destroy or deliver any document, to enter into an obligation or to remit it or to renounce any right, shall be sanctioned with imprisonment of six (6) to twelve (12) non-commutable years.

Whoever demands from another, money, reward or effects, under direct or covert threat of imputations against his honor or prestige, or of violation or disclosure of secrets, to the detriment of the same person, his family or the entity in whose management he participates or has an interest, commits the crime of blackmail.

The person liable for this crime shall be sanctioned with imprisonment of three to eight years.

Whoever commits fraud, by inducing another into error through artifice or deception, defrauds him in his patrimony to his own detriment or to that of another.

The person liable for this crime shall be sanctioned with imprisonment of six months to four years and a fine of two hundred to ten thousand quetzales.

Shall incur the sanctions indicated in the preceding article:

1º.Whoever defrauds another by using a fictitious name, attributing to himself power, influence, relationships or supposed qualities, feigning property, commission, enterprise or imaginary negotiations.

2º.The silversmith or jeweler who alters, in their quality, fineness or weight, objects relating to his art or trade, or traffics in them.

3º.Traders who defraud, using false weights or measures, in the dispatch of the objects of their trade.

4º.Whoever defrauds another with alleged remuneration to public officials, authorities, agents thereof or public employees, or as reward for his mediation to obtain a favorable decision in a matter dependent upon them, without prejudice to the calumny actions to which they are entitled.

5º.Whoever commits any fraud, abusing another's blank signature or drawing up with it any document to the prejudice of the same person or of a third party.

6º.Whoever defrauds another by causing him, through deceit, to subscribe any document.

7º.Whoever uses fraud to ensure luck in games of chance.

8º.Whoever commits fraud by subtracting, concealing or rendering unusable, in whole or in part, any proceedings, file, document or other writing.

9º.Whoever, pretending to be the owner of immovable property, alienates, encumbers or disposes of it in any other form.

10.Whoever disposes of property as free, knowing that it was encumbered or subject to another kind of limitations, and whoever, with its alienation or encumbrance, prevents, with intent to profit, the exercise of such rights.

11.Whoever separately alienates a thing to two or more persons, to the prejudice of any of them or of a third party.

12.Whoever executes, to the prejudice of another, a simulated contract.

13.Whoever, knowingly, acquires or receives, in any form, property from one who is not its owner or who has no right to dispose of it.

14.Whoever, to the prejudice of another, exercises a right of any nature knowing that he has been deprived thereof by final judicial decision.

15.Whoever destroys or deteriorates, totally or partially, property belonging to him, subject to rights of a third party, with the purpose of defrauding the latter.

16.Whoever purchases property on installment and subsequently alienates it or disposes of it in any other form, without having paid the full price.

17.Whoever denies his signature on any document of obligation or discharge.

18.Whoever, with false data or concealing background known to him, fraudulently enters into contracts based on said data or background.

19.Whoever, without authorization or making improper use thereof, by means of collections or fundraisings, defrauds others.

If the fundraising or collection is carried out without authorization and without intent to defraud, or, being authorized, the corresponding legal requirements are not fulfilled, the sanction shall be a fine of twenty to two hundred quetzales.

20.Whoever collects unearned salaries, services or supplies not rendered.

21.Whoever defrauds by taking advantage of the inexperience, lack of discernment or passions of a minor or incapacitated person.

22.The debtor who disposes, in any form, of the fruits encumbered with pledge to secure credits intended for production.

23.Whoever defrauds or harms another, using any artifice or deceit not stated in the preceding paragraphs.

A person commits the crime of fraud by means of a credit or debit card who carries out the production, reproduction, introduction, printing, use or commercialization of credit and debit cards, without the consent of whoever is authorized; likewise, whoever possesses, distributes or uses credit or debit cards with knowledge of their falsification.

A person commits the crime of fraud who improperly obtains or uses electronic information and accesses the electromagnetic equipment of issuers or operators, as well as whoever manipulates or modifies an automated teller machine with the object of obtaining cardholder data and whoever individually or collectively obtains or uses information on clients or transactions recorded by issuers or operators. Whoever commits the crime of fraud by means of a credit or debit card shall be sanctioned with imprisonment of six to ten years and a fine of one hundred fifty thousand to five hundred thousand quetzales.

Whoever, in order to obtain payment of insurance or any undue benefit to the detriment of another, destroys, damages or conceals, totally or partially, his own property, shall be sanctioned with imprisonment of one to three years and a fine of one hundred to five thousand quetzales.

Whoever, with the same purpose indicated in the preceding article, causes bodily injury to himself or has it caused to himself by a third party, or aggravates that caused by accident, the same sanctions of the referred article shall be imposed on him.

Whoever defrauds in the substance, quality or quantity of the property he delivers to another, by virtue of a contract or any other obligatory title, shall be sanctioned with imprisonment of six months to five years and a fine of one hundred to five thousand quetzales.

Whoever defrauds another by giving in payment a check without provision of funds or by disposing of them, before the time limit for its presentment expires, shall be sanctioned with imprisonment of six months to five years and a fine of one hundred to five thousand quetzales.

The same sanction shall apply to whoever endorses a check with knowledge of the drawer's lack of funds.

Whoever purposely defrauds another by consuming beverage or food, or by using or having rendered to himself any service subject to immediate payment, shall be sanctioned with a fine of twenty to five hundred quetzales.

Whoever improperly uses electrical energy or any other fluid that is being supplied to them, or alters the meters or counters intended to record consumption or the indications or data recorded by such devices, shall be sanctioned with a fine of ten to two thousand quetzales.

Whoever defrauds the consumer, by altering by any means the meters or counters for electrical energy or other fluid, or the indications recorded by such devices, shall be sanctioned with a fine of five hundred to five thousand quetzales.

The auditor, accounting expert, expert, director, manager, executive, representative, intendant, liquidator, administrator, officer or employee of commercial, banking entities, companies or cooperatives who, in their opinions or communications to the public, sign or certify reports, memoranda or proposals, inventories, integrations, accounting or financial statements, and record data contrary to the truth or to reality or that are simulated with intent to defraud the public or the State, commits the crime of fraud through accounting information. Those responsible shall be punished with non-commutable imprisonment of one to six years and a fine of five thousand to ten thousand quetzales.

In the same manner shall be punished those who perform these acts for the purpose of attracting investments or feigning an economic or financial situation that they do not have.

If those responsible are auditors or accounting experts, in addition to the sanction indicated above, they shall be disqualified for the period lasting the sentence and if they are repeat offenders they shall be disqualified for life.

Whoever, to the detriment of another, appropriates or diverts money, effects or any other movable property that he has received on deposit, commission or administration, or for any other cause giving rise to the obligation to deliver or return them, shall be sanctioned with imprisonment of six months to four years and a fine of one hundred to three thousand quetzales.

Commits the crime of irregular appropriation, whoever:

1º.Takes money or other movable property that they find lost and that does not belong to them.

2º.Having found a treasure, takes it in whole or in part, or takes the share that, according to the law, corresponds to the owner of the immovable property.

3º.Takes another person's thing that has come into their possession by mistake or fortuitous event.

Those liable shall be punished with imprisonment of two months to two years and a fine of fifty to two thousand quetzales.

Except for the cases expressly contemplated in laws or treaties on the subject to which the Republic of Guatemala is a party, whoever performs any of the following acts shall be sanctioned with imprisonment of one to six years and a fine of fifty thousand to seven hundred fifty thousand quetzales:

a)Falsely identifying the capacity as holder of a copyright, performing artist, producer of phonograms or a broadcasting organization;

b)The deformation, mutilation, modification or other damage caused to the integrity of the work or to the honor and reputation of its author;

c)The reproduction of a work, performance, phonogram or broadcast without the authorization of the author or holder of the corresponding right;

d)The adaptation, arrangement or transformation of all or part of a protected work without the authorization of the author or holder of the right;

e)The communication to the public by any means or process, of a protected work or a phonogram without the authorization of the holder of the corresponding right;

f)The unauthorized distribution of reproductions of all or part of a work or phonogram through its sale, long-term lease, lease, lease with option to purchase, loan or any other modality;

g)The fixation, reproduction or communication to the public by any means or procedure, of an artistic performance without the authorization of the performer or holder of the right;

h)The fixation, reproduction or retransmission of a broadcast transmitted by satellite, radio, wire, cable, fiber optics or any other means without the authorization of the holder of the right;

i)The communication to the public of a broadcast or transmission in a place to which the public may have access upon payment of an admission fee, or for the purpose of consuming or acquiring products or services, without the authorization of the holder of the corresponding right;

j)The publication of a protected work that has a title that was changed or removed, with or without alteration of the work;

k)Manufactures, assembles, modifies, imports, exports, sells, leases or in any way distributes a tangible or intangible device or system, knowing or having reason to know that the device or system serves or assists primarily to decode an encoded satellite signal bearing a program without the authorization of the legal distributor of such signal, or the intentional reception and distribution of a signal carrying a program that originated as an encoded satellite signal, knowing that it was decoded, without the authorization of the legal distributor of the signal;

l)With respect to effective technological measures, the performance of the following:

1.1 Act that circumvents or attempts to circumvent an effective technological measure that prevents or controls access or unauthorized use to any protected work, performance or phonogram; or

1.2 Manufactures, imports, distributes, offers to the public, provides, sells, offers for sale or otherwise commercializes devices, products or components, or offers to the public or provides services that:

1.2.1 Are promoted, advertised, or commercialized for the purpose of circumventing an effective technological measure;

1.2.2 Have only a limited commercially significant purpose or use other than circumventing an effective technological measure; or

1.2.3 Are designed, produced, or performed primarily for the purpose of enabling or facilitating the circumvention of an effective technological measure;

m)The performance of any act that induces, permits, facilitates or conceals the violation of any of the exclusive rights of authors, copyright holders, performers, producers of phonograms or broadcasting organizations;

n)The removal or alteration, without authorization, of rights management information;

o)The distribution or importation, for its distribution, of rights management information, knowing that the rights management information was deleted or altered without authorization to do so;

p)The distribution, commercialization, promotion, importation, broadcasting or communication or making available to the public, without authorization, of copies of works, performances, phonograms or broadcasts, knowing that the rights management information was removed or altered without authorization;

q)The transportation, storage or concealment of reproductions or copies or any type of tangible medium of protected works, phonograms, performances or broadcasts that have been made without the consent of the author or holder of the corresponding right;

r)The collection of profits from the use of protected works, performances, phonograms or broadcasts or the performance of any other activity typical of a collective management organization without authorization therefor;

s)The disclosure of a new work without the consent of the author or holder of the corresponding right;

t)The translation of a work in whole or in part without the authorization of the author or holder of the corresponding right;

u)The distribution, without authorization, of a protected original work or phonogram or its lawful reproductions, for its sale, long-term lease, lease, lease with option to purchase, loan or any other modality; and

v)The importation or exportation of a protected original work or its reproductions, to trade them, in any type of medium or phonogram without the authorization of the holder of the corresponding right.

The provisions n), o) and p) shall not be applicable to legally authorized activities, carried out by employees, public officials, or government contractors, for law enforcement, as well as the conduct of intelligence, national defense, security or other similar governmental purpose activities.

The exceptions contained in article 133 sexties of Decree Number 33-98 of the Congress of the Republic, Law on Copyright and Related Rights and its amendments, shall also be applicable to preceding literal l).

The design, or the design and selection, of parts and components for consumer electronic products, telecommunications or computing products need not respond to a specific technological measure if the product does not infringe literal l) of this article.

Rights management information shall be understood to mean, when what is described in the following literals is attached to a copy of the work, performance or phonogram, or appears in connection with the communication or making available to the public of a work, performance, or phonogram:

1)Information that identifies a work, performance, or phonogram, the author of the work, the performer of the performance or the producer of the phonogram or any other holder of a right protected in the work, performance, or phonogram;

2)Information about the terms and conditions of use of the work, performance, or phonogram; or

3)Any number or code representing such information.

Effective technological measure: technology, device or component that, in the normal course of its operation, controls access to protected works, protected performances and phonograms or any other protected material; or protects a copyright or a right related to copyright.

The cases covered in this provision shall be determined on the basis of the applicable provisions of the Law on Copyright and Related Rights.

Whoever destroys, erases or in any way renders useless, alters or damages computer records shall be sanctioned with imprisonment of six months to four years and a fine of two thousand to ten thousand quetzales. If the act contemplated in the preceding paragraph is intended to obstruct a criminal investigation or prosecution, the person responsible shall be sanctioned pursuant to Article 458 Bis of this Code.

The same penalty of the previous article shall apply to whoever alters, deletes or in any way renders unusable the instructions or programs used by computers.

Imprisonment of six months to four years and a fine of five hundred to two thousand five hundred quetzales shall be imposed on whoever, without authorization from the author, copies or in any manner reproduces computer instructions or programs.

Imprisonment of six months to four years and a fine of two hundred to one thousand quetzales shall be imposed on whoever creates a data bank or a computer register with data that may affect the privacy of persons.

Imprisonment of one to five years and a fine of five hundred to three thousand quetzales shall be imposed on whoever uses computer records or computer programs to conceal, alter or distort information required for a commercial activity, for compliance with an obligation to the State or to conceal, falsify or alter the accounting statements or the patrimonial situation of a natural or legal person.

Imprisonment of six months to two years and a fine of two thousand to ten thousand quetzales shall be imposed on whoever, without authorization, uses or obtains for himself or for another data contained in computer records, data banks or electronic files.

Whoever distributes or puts into circulation destructive programs or instructions that may cause harm to computer records, programs or equipment shall be sanctioned with imprisonment of six months to four years, and a fine of two hundred to one thousand quetzales.

Whoever by any mechanism alters the number coming from a foreign telephony operator used exclusively for international traffic, or alters the identification number of the user originating a telephony call, shall be sanctioned with a penalty of imprisonment of six (6) to ten (10) years.

Without prejudice to the corresponding civil liabilities, whoever, without the consent of the holder of the rights, performs any of the following acts shall be sanctioned with imprisonment of one to six years and a fine of fifty thousand to seven hundred fifty thousand quetzales:

a)Introduces into commerce, sells, offers to sell, stores or distributes products or services protected by a registered distinctive sign or falsifies such signs in relation to products or services that are identical or similar to those protected by the register;

b)Trades in a protected trade name, emblem or advertising expression or sign;

c)Introduces into commerce, sells, offers to sell, stores or distributes products or services protected by a registered distinctive sign, after having altered, replaced or removed said sign partially or totally;

d)Uses, offers to sell, stores or distributes products or services with a registered trademark, similar to a confusing degree to another, after a decision ordering the discontinuation of the use of said trademark has been issued;

e)Produces labels, containers, wrappers, packaging or other analogous materials that reproduce or contain the registered sign or an imitation or counterfeit thereof, and also markets, stores or displays said materials;

f)Fills or reuses, for any purpose, containers, wrappers, labels or other packaging bearing a registered distinctive sign;

g)Uses in commerce: labels, wrappers, containers and other means of packing and packaging, or products or the identification of services of an entrepreneur, or copies, imitations or reproductions of said products and services that could mislead or cause confusion as to the origin of the products or services;

h)Uses or exploits the trade secret of another person, and any act of marketing, disclosure or improper acquisition of said secrets;

i)Discloses to a third party a trade secret known by reason of their work, post, position, practice of their profession, business relationship or by virtue of the granting of a license for its use, after having been warned about the confidentiality of said information;

j)Obtains, by whatever means, a trade secret without the authorization of the person who holds it, or its authorized user;

k)Produces, manufactures, markets, offers to sell, puts into circulation, stores or displays products protected by another person's patent;

l)Employs a procedure protected by another person's patent or performs any of the acts indicated in the preceding paragraph in relation to a product directly obtained by said procedure;

m)Produces, manufactures, markets, offers to sell, puts into circulation, stores or displays products that in themselves or in their presentation reproduce a protected industrial design;

n)Uses in commerce, in relation to a product or service, a geographical indication likely to confuse the public as to the origin of said product or service, or as to the identity of the product, its manufacturer or the merchant distributing it;

ñ)Uses in commerce, in relation to a product, a designation of origin likely to cause confusion, even when the true origin of the product is indicated, a translation of the designation is used or it is used together with expressions such as “type”, “kind”, “manner”, “imitation” or others that are analogous;

o)Imports or exports counterfeit merchandise for introduction into the commercial circuit; and

p)Uses in commerce a registered trademark, or a copy or fraudulent imitation thereof, in relation to products or services that are identical or similar to those to which the trademark applies.

The cases contained in this provision shall be determined on the basis of the applicable provisions of the Industrial Property Law.

Whoever demands from their debtor, in any form, interest greater than the maximum rate fixed by law or evidently disproportionate to the consideration commits the crime of usury, even when the returns are concealed or disguised under other names.

The person liable for usury shall be sanctioned with imprisonment of six months to two years and a fine of two hundred to two thousand quetzales.

The same sanction indicated in the preceding article shall apply:

1.To whoever, knowingly, acquires, transfers or enforces a usurious credit.

2.To whoever demands from his debtor guarantees of an extortive nature.

Whoever, intentionally, destroys, renders useless, causes to disappear or in any way deteriorates, partially or totally, property belonging to another, shall be sanctioned with imprisonment of six months to two years and a fine of two hundred to two thousand quetzales.

It is specifically aggravated damage and shall be sanctioned with one-third more of the penalty referred to in the preceding article:

1º.When it affects ruins or historic monuments, or if it is committed against property of scientific, artistic or cultural value.

2º.When the damage is caused to military installations, bridges, roads or other property of public or communal use.

3º.When flammable, explosive, poisonous or corrosive substances are employed in its commission.

They are exempt from criminal liability and subject only to civil liability for thefts, robberies with force in things, frauds, misappropriations and damage that they reciprocally cause to each other:

1º.Spouses or persons in a de facto union, except where they are separated as to property or persons, and concubines.

2º.Ascendants or descendants related by blood or affinity.

3º.The widowed spouse, with respect to things belonging to his or her deceased spouse, while they have not passed into the possession of another person.

4º.Siblings if they live together.

This exemption is not applicable to strangers who participate in the crime.

The crimes of theft, robbery, fraud and, where applicable, irregular appropriation shall be deemed consummated at the moment when the offender has the property under his control, after having carried out the respective apprehension and displacement, even if he abandons it or is dispossessed of it.