Libro Segundo Título XI. De los delitos contra la seguridad del estado

A Guatemalan who takes up arms against the State, or joins the enemy, or places himself at its service, shall be sanctioned with imprisonment of ten to twenty years.

A Guatemalan who carries out acts directly tending to impair the integrity of the territory of the Republic, to subject it in whole or in part to foreign domination, to compromise its sovereignty or to attack national unity, shall be sanctioned with imprisonment of ten to twenty years.

A foreign national resident in the territory of the Republic who commits any of the crimes included in the two preceding articles shall be sanctioned with imprisonment from five to fifteen years.

The Guatemalan who induces or enters into agreement with the government of a foreign State or with its agents, proposing to provoke a war or to have acts of hostility carried out against the Republic, shall be sanctioned with imprisonment of four to ten years.

If the war is declared, or the acts of hostility are carried out, the sanction shall be from five to fifteen years.

Whoever, while the country is in a state of war, damages facilities, means of communication, works or objects necessary or useful for national defense, or who in any other way attempts to harm the war effort of the Nation, shall be sanctioned with imprisonment of ten to twenty years.

The same sanction shall apply to whoever conceals, diverts, destroys or takes out of the country property declared necessary for national defense.

Whoever, in time of war, disseminates or communicates false, exaggerated or tendentious news that may give rise to alarm to the detriment of the resistance of the State against the enemy, or engages in any activity that harms national interests, shall be sanctioned with imprisonment of five to ten years.

Whoever, in time of war, publicly incites disobedience of an order of the military authorities, or violation of service duties, or desertion, shall be sanctioned with imprisonment from five to ten years.

Whoever, in any manner, discloses secrets concerning the security of the State, whether by communicating or publishing documents, drawings, plans or other data relating to materiel, fortifications or military operations, shall be sanctioned with imprisonment of two to five years and a fine of five hundred to three thousand quetzales.

Whoever, without being legally authorized, draws up plans of fortresses, barracks, ships or vessels, arsenals, hangars, ways or other military works, shall be sanctioned with imprisonment of six months to two years and a fine of two hundred to two thousand quetzales.

If the acts covered in the two preceding articles were committed during an armed conflict, the penalties shall be doubled.

Commits this crime:

1º.Whoever in time of war serves as a spy for the enemy, shall be sanctioned with imprisonment of ten to twenty years.

2º.If the espionage occurs in time of peace or in favor of a neutral power, the sanction shall be five to ten years.

3º.Whoever improperly procures or obtains secret information concerning the security, the means of defense or the foreign relations of the State, shall be sanctioned with imprisonment of six months to two years and a fine of two hundred to two thousand quetzales.

If the acts provided for in subsection 3 of the preceding article are committed during an armed conflict, double the penalty shall be imposed on the person responsible.

Whoever, in Guatemalan territory, carries out activities intended to violently alter the public order of a foreign State, shall be sanctioned with imprisonment of one to three years and a fine of two hundred to two thousand quetzales.

Whoever, not falling within the cases of the preceding article, commits hostile acts not approved by the national government against a foreign State, which could give cause for a declaration of war against Guatemala, shall be sanctioned with imprisonment of two to eight years.

The same sanction shall apply to whoever, under the same circumstances, exposes Guatemalans to suffer vexations or reprisals in their persons or in their property, or alters the friendly relations of the national government with a foreign government.

If war results from such hostile acts, the penalty shall be doubled.

Whoever violates a truce or armistice agreed between Guatemala and a foreign power or between their belligerent forces, shall be sanctioned with imprisonment of six months to three years.

Whoever violates the immunities of the head of a foreign State or of a diplomatic representative before the government of the Republic, shall be sanctioned with imprisonment of six months to three years.

Whoever publicly outrages, disparages or vilifies the flag, emblem, coat of arms or anthem of a foreign nation shall be sanctioned with imprisonment of four months to one year, provided that reciprocity exists.

Whoever, with the purpose of destroying totally or partially a national, ethnic or religious group, performs any of the following acts commits the crime of genocide:

1º.Death of members of the group.

2º.Injury seriously affecting the physical or mental integrity of members of the group.

3º.Subjection of the group or members thereof to conditions of existence that may produce its physical destruction, totally or partially.

4º.Compulsory displacement of children or adults of the group to another group.

5º.Measures intended to sterilize members of the group or in any other way prevent their reproduction.

The person liable for genocide shall be sanctioned with imprisonment of 30 to 50 years.

Whoever publicly instigates commission of the crime of genocide shall be sanctioned with imprisonment of five to fifteen years. Proposal and conspiracy to carry out acts of genocide shall be sanctioned with the same penalty.

Whoever violates or infringes humanitarian duties, laws or agreements with respect to prisoners or hostages of war, wounded persons during acts of war, or who commits any inhumane act against the civilian population, or against hospitals or places intended for the wounded, shall be sanctioned with imprisonment of twenty to thirty years.

Whoever kills a foreign Head of State who is in the Republic in an official capacity shall be sanctioned with imprisonment of twenty to thirty years.

Whoever causes injuries to a foreign Head of State who is in the Republic in an official capacity shall be sanctioned with imprisonment of four to eight years.

Any other de facto attack, not covered in the preceding paragraphs, shall be sanctioned with imprisonment of two to four years.

When the crimes provided for in the preceding articles do not have a reciprocal penalty prescribed in the laws of the country to which the offended person belongs, the sanction that would be applicable to the crime in accordance with the provisions of this Code, if the offended person did not have the official character mentioned, shall be imposed on the person liable.