Libro Segundo Título XIII. De los delitos contra la administración pública

Commit assault:

1°.Those who, without rising up publicly, employ violence for some of the purposes indicated in the crimes of rebellion or sedition.

2°.Those who attack a public official, the authority or their agents, or employ violence against them, when they are in the exercise of their functions or offices, or on the occasion of or by reason of them.

Those liable for assault shall be punished with imprisonment of one to three years.

Whoever opposes the execution of a legal act of a public official or of the authority or their agents, by means of violence, shall be sanctioned with imprisonment of one to three years.

The sanctions specified in the two preceding articles shall be increased by one third when, in the respective cases, any of the following circumstances concurs:

1°.If the act were committed while armed.

2°.If the act were committed by three or more persons.

3°.If the author of the act were a public official, authority or agent thereof.

4°.If, as a consequence of the action, the authority had acceded to the demands of the aggressors.

5°.If hands were laid upon the public official, authority or agent thereof.

Whoever offends in their dignity or decorum, or threatens, insults or calumniates any of the Presidents of the State Organs, shall be sanctioned with imprisonment of one to three years.

Whoever threatens, insults, defames or in any other way offends an authority or public official in their dignity or decorum in the exercise of their functions or on the occasion thereof, shall be sanctioned with imprisonment of six months to two years.

As to the accused of insult against a public official or public authorities, evidence regarding the truth of the imputation shall be admitted if it concerns facts relating to the exercise of his office. In this case he shall be acquitted if he proves the imputation to be true.

Whoever openly disobeys an order of a public official, authority or agent of authority, issued in the legitimate exercise of their powers, shall be sanctioned with a fine of five thousand to fifty thousand quetzales.

The natural person or the legal representative of a legal person, duly registered in the respective registries, who on any basis manages, administers, holds in custody or receives public funds, who fails to appear after having been summoned or invited to attend to provide information before the Congress of the Republic, its Committees or Legislative Blocs, with four working days' advance notice, fails to attend without justified cause, shall be sanctioned with imprisonment of two to three years.

Illness proven before or within twenty-four hours after the time set for the summons shall be deemed full justification.

Those who commit the crime of public disorder:

1º.Those who disturb the order in the hearing of a tribunal or in the public acts or sessions of a corporation of any authority.

2º.Those who cause tumult or gravely disturb the order in a public establishment or one open to the public, in centers of culture or destined for meetings, occasional or permanent, spectacle, solemnity or large gathering.

3º.Those who, in a public place or in any association or large gathering, display slogans, flags or symbols that directly provoke alteration of the order.

4º.Those who prevent or hinder an official in the performance of an act inherent to their functions.

Those liable for public disorder shall be punished with imprisonment of six months to one year and a fine of fifty to five hundred quetzales.

Whoever, publicly, outrages, disparages or vilifies the national flag, emblem, coat of arms or anthem, shall be sanctioned with imprisonment from six months to two years.

Whoever violates the seals placed by the authority to ensure the preservation or the identity of a thing, shall be sanctioned with a fine of one hundred to one thousand quetzales.

A public official or public employee who, abusing their office or function, orders, carries out or permits any arbitrary or illegal act to the detriment of the public administration or of third persons, whether private individuals, public officials or public employees, which is not specifically provided for in the provisions of this Code, commits the crime of abuse of authority. The person liable for this crime shall be sanctioned with a penalty of imprisonment of three to six years and special disqualification.

The same sanction shall be imposed on the public official or public employee who uses illegitimate or unnecessary coercion.

A public official or public employee who omits, refuses or delays performing any act inherent to his function or office commits the crime of breach of duties. The person liable for this crime shall be sanctioned with a penalty of imprisonment of three to six years and special disqualification.

The public official, public employee, or whoever exercises public functions who is legally obligated to submit or update their sworn asset declaration and omits to do so once sixty days have elapsed after taking office, or does so without complying with the requirements provided in the governing law, commits the crime of failure to comply with the duty to submit a sworn asset declaration and shall be sanctioned with a fine, which shall correspond to the monthly wage or salary of the liable person multiplied by the months of delay in the delivery of the declaration.

A public official, public employee, or whoever exercises public functions commits the crime of falsehood in a sworn patrimonial declaration where, during the exercise of his office, he incurs in falsehood when making the sworn declarations of property before the Comptroller General of Accounts.

The criminal action for this crime is independent of the account proceedings established in the ordinary legislation in force.

The person liable for this crime shall be sanctioned with imprisonment of two to six years, a fine of twenty-five thousand to two hundred thousand quetzales and special disqualification.

The public official or public employee who refuses to duly comply with judgments, decisions or orders of a higher authority issued within the limits of its respective jurisdiction and vested with legal formalities commits the crime of disobedience. The person liable for this crime shall be sanctioned with penalty of imprisonment of one to three years, fine of five thousand to twenty thousand quetzales and special disqualification.

Failure of public officials and public employees to attend legislative summonses.

The Minister or Vice Minister who must represent him, or the public official or public employee who in any capacity manages, administers, holds in custody, executes or receives public funds, or who is required to address matters related to State business, who fails to appear without justified cause after having been summoned or invited to attend to report before the Congress of the Republic, its committees or legislative blocs, with four working days' advance notice, commits the crime of non-compliance by public officials and public employees to attend legislative summonses and shall be sanctioned with imprisonment of two to three years.

Illness fully proven before or twenty-four hours after the time set for the summons shall be deemed full justification.

The chief or agent of the police or of any public security force who refuses, omits, or delays, without justified cause, the provision of assistance legally required by a competent authority, shall be sanctioned with imprisonment of one to three years.

Denial of assistance in case of disturbance to the installation, use or repair of data transmission equipment.

Any agent in charge of public order, state or municipal, who refuses to assist a private individual who has reported to such agent the commission of the crime of disturbance to the installation, use or repair of data transmission equipment commits the crime of denial of assistance in case of disturbance to the installation, use or repair of data transmission equipment. The person liable for this crime shall be sanctioned with imprisonment of one to three years, a fine of five thousand to twenty-five thousand quetzales and special disqualification.

Commits the crime of disclosure of secrets, the public official or public employee who discloses or facilitates the disclosure of facts, proceedings or documents of which he has knowledge by reason of office and which by provision of law must remain secret.

The person liable for this crime shall be sanctioned with imprisonment of one to three years and a fine of five thousand to twenty thousand quetzales and special disqualification.

The public official or public employee who issues decisions or orders contrary to express provisions of the Constitution of the Republic or who, knowingly, executes orders or decisions of this nature issued by another public official, or who fails to execute laws whose compliance is incumbent upon him, shall be sanctioned with imprisonment of one to two years and a fine of two hundred to two thousand quetzales.

The public official or person in charge of a place of confinement who admits the entry of any person without a lawful order from a competent authority, fails to place the detainee at the disposal of the judge or respective authority, or fails to give due and immediate compliance to a lawfully issued release order, shall be sanctioned with imprisonment of one to five years.

The same penalty shall be incurred by the public official or public employee who conceals, orders or carries out the concealment of a detainee.

The public official or public employee who orders undue coercion, torture, infamous punishments, vexations or measures not authorized by law, against a prisoner or detainee, shall be sanctioned with imprisonment of two to five years and absolute disqualification. The same sanction shall apply to those who execute such orders.

Whoever enters to perform a public office or employment without having fulfilled the formalities required by law shall be sanctioned with a fine of two hundred to one thousand quetzales.

The same sanction shall be imposed on the public official who admits a subordinate to the performance of the office or employment without having fulfilled the legal formalities.

Whoever continues exercising employment, office or commission after he should have ceased in accordance with the respective law or regulation, shall be sanctioned with a fine of two hundred to one thousand quetzales and special disqualification of one to two years.

The public official or employee liable for any of the crimes provided for in the two preceding articles, who shall have received fees or emoluments by reason of his office or employment before being able to perform it or after having had to cease, shall be obliged to return them, without prejudice to compliance with the prescribed sanction.

The public official or public employee who, to the detriment of the service, abandons his office without having legally ceased in its performance, shall be sanctioned with a fine of one hundred to one thousand quetzales.

Public officials, public employees, employees or employees of a public service company, who collectively abandon their office, work or service, shall be punished with imprisonment of six months to two years.

If the abandonment causes damage to the public cause or involves leaders, promoters or organizers of the collective abandonment, double the indicated penalty shall be imposed on those responsible.

The public official or public employee who detains or prosecutes a public official who enjoys antejuicio or other prerogatives, without observing the formalities established by law, shall be sanctioned with a fine of fifty to five hundred quetzales.

A public official or public employee who, knowingly, appoints to a public office or public employment a person in whom the requirements required by law do not concur commits the crime of illegal appointments. The person liable for this crime shall be sanctioned with a penalty of imprisonment of six months to two years and a fine of ten thousand to twenty-five thousand quetzales.

The same sanction shall be imposed on whoever appoints a person who meets the legal requirements for the office, but intentionally omits or alters the legally or regulatorily established procedures. If the appointed person is a relative within the degrees of law of the perpetrator of the crime, the penalty shall be increased by one third and special disqualification shall be imposed.

A public official or public employee who, knowingly, arrogates to themselves powers that do not correspond to their office or attributions that are not within their competence commits the crime of usurpation of attributions. The person liable for this crime shall be sanctioned with imprisonment of six months to two years and a fine of ten thousand to twenty-five thousand quetzales.

The public official or public employee who orders the opening of, opens, or consents to another opening closed papers or documents whose custody has been entrusted to him, shall be sanctioned with a fine of two hundred to two thousand quetzales.

The public official or employee of the telegraph service who fabricates or falsifies a telegraphic dispatch shall be sanctioned with imprisonment of one to three years.

The same sanction shall apply to the public officials or employees of the radiogram or cablegram services who fabricate or falsify dispatches corresponding to their respective services.

Whoever makes use of the false dispatch with intent to profit or intent to cause harm to another shall be sanctioned as if he were the falsifier.

The public official or public employee who searches a domicile without the formalities prescribed by law or outside the cases determined by the same, shall be sanctioned with imprisonment of one to four years.

The duly authorized public official or minister of religion, who authorizes a marriage knowing of the existence of an impediment causing its absolute nullity, shall be sanctioned with imprisonment of two to six years and special disqualification for the term fixed by the tribunal, which may not exceed six years. If the public official or minister of religion acted negligently, they shall be sanctioned only with a fine of two hundred quetzales.

The duly authorized public official or minister of religion who proceeds to celebrate a marriage without having observed the formalities required by law, even if it does not produce nullity, shall be sanctioned with a fine of two hundred to one thousand quetzales.

Members of the police forces operating in the country who consume alcoholic or fermented beverages while wearing a uniform, bearing exterior insignia or distinctive marks of the institution to which they belong, or carrying the weapons of their equipment, shall be punished with imprisonment of one to three years and absolute disqualification in accordance with the provisions of subsections 2 and 3 of Article 56 of the Penal Code.

A public official, public employee or person exercising public functions commits the crime of passive bribery who, directly or indirectly, solicits or accepts any object of pecuniary value or other benefit, as a favor, gift, present, promise, advantage or under any other description, for himself or for another person, to perform, order, delay or omit an act pertaining to his office.

The person liable for this crime shall be sanctioned with imprisonment of five to ten years, a fine of fifty thousand to five hundred thousand quetzales, and special disqualification, without prejudice to the penalty applicable to the crime committed.

Where the public official or public employee compels the favor, gift, present, promise or advantage, the penalty shall be increased by one third.

Persons who report the acts mentioned in this article shall be protected by the corresponding authorities, in accordance with the legislation in force.

When the gift or present solicited, received, offered or promised has as its object the performance of an act constituting a crime, the sanction indicated in the preceding article shall be imposed, without prejudice to the provisions relating to concurrence of crimes.

The provisions of the two preceding articles are applicable to arbitrators, experts or any persons who perform, occasionally or permanently, a public function or office.

Any person who offers or delivers to a public official, public employee or whoever exercises public functions, directly or indirectly, any object of pecuniary value or other benefit as a favor, gift, present, promise, advantage or for any other reason, for himself or for another person, in order for him to perform, order, delay or omit an act pertaining to his office, commits the crime of active bribery.

The person liable for this crime shall be sanctioned with imprisonment of five to ten years, a fine of fifty thousand to five hundred thousand quetzales, and special disqualification, without prejudice to the penalty applicable to the crime committed.

Any person who offers or delivers to a public official or public employee of another State or international organization, directly or indirectly, any object of pecuniary value or other benefit, as a favor, gift, present, promise, advantage or on any other account, for himself or for another person, so that he performs, orders, delays or omits an act pertaining to his office, commits the crime of transnational active bribery.

The liable person shall be sanctioned with imprisonment of five to ten years and a fine of fifty thousand to five hundred thousand quetzales.

A public official or public employee of another State or international organization who solicits or accepts, directly or indirectly, any object of pecuniary value or other benefit, as a favor, gift, present, promise, advantage or any other consideration, for himself or for another person, to perform, order or omit an act proper to his office, commits the crime of transnational passive bribery.

The person liable shall be sanctioned with imprisonment of five to ten years and a fine of fifty thousand to five hundred thousand quetzales.

Any public official or public employee who accepts gifts, presents, offers or promises from persons who have any matter pending before him shall be sanctioned with imprisonment of one to three years and a fine of five thousand to twenty-five thousand quetzales.

In cases of crimes of bribery that violate the tax regime, the person who reports or assists in obtaining the evidentiary elements of the commission of the crime shall be exempted from criminal liability.

The public official or public employee who removes or consents that another removes money, effects or property that he has in custody, receives, administers or keeps by reason of his functions commits the crime of peculation by subtraction. The person liable for this crime shall be sanctioned with imprisonment of five to ten years, a fine of ten thousand to fifty thousand quetzales and special disqualification.

If the money, effects or property were destined for welfare purposes or social support programs, the penalty shall be increased by two thirds.

The public official or public employee who, for purposes other than the service established in the public administration, uses or allows another to use, for their own benefit or for the benefit of third parties, vehicles, machinery, any other equipment or work instrument that is under their keeping, custody or administration belonging to the public administration, as well as labor or services assigned to the public office they hold, commits the crime of peculation by use. The person liable for this crime shall be sanctioned with imprisonment of three to five years, fines of ten thousand to fifty thousand quetzales and special disqualification.

This provision is applicable to the contractor of a public work or to their employees, when the indicated property belongs to the State or to any public agency.

If the vehicles, machinery, and any other work instrument, labor or services were intended for assistance purposes or social support programs, the penalty shall be increased by two thirds.

The public official or public employee who, through negligence, gives occasion for the subtraction of money, effects or property referred to in Articles 445 and 445 Bis of this Law to be carried out by another person commits the crime of negligent embezzlement. The person liable for this crime shall be sanctioned with imprisonment of one to three years and special disqualification. The same penalty shall be imposed on the public official or public employee who, knowingly, allows property, food or products of a perishable nature under their custody or administration to be lost, destroyed, decomposed or expire, even when they do not belong to the State.

If the money, effects or property were intended for welfare purposes or for social support programs, the penalty shall be increased by one third.

The public official or public employee who gives to the funds, effects or property that they administer a different application or use from that for which they were intended commits the crime of misappropriation. The person liable for this crime shall be sanctioned with imprisonment of two to six years and a fine of twenty thousand to fifty thousand quetzales.

If as a consequence of the commission of this crime damage or obstruction of the service is caused, the penalty shall be increased by one third.

If the funds, effects or property were intended for welfare purposes or social support programs, the penalty shall be increased by two thirds.

The public official or public employee who, having available funds, unjustifiably delays an ordinary payment or one ordered by competent authority, shall be sanctioned with a fine of one hundred to one thousand quetzales.

The same sanction shall be imposed on the public official or public employee who, when legally required, refuses to deliver money or effects deposited or placed under their custody or administration.

The public official, public employee or whoever performs public functions, and up to five years after having ceased in the exercise of the public function, who obtains for himself or for any person a patrimonial benefit, an increase in his level of expenses, cancellation of debts or obligations that do not correspond to what he could have obtained, derived from the exercise of the office or from any income and whose licit origin he cannot justify, commits the crime of illicit enrichment.

The person liable for this crime shall be sanctioned with a penalty of imprisonment of five to ten years, a fine of fifty thousand to five hundred thousand quetzales and special disqualification.

Whoever, without being a public official or public employee, administers, executes or manages public resources or State property, up to five years after having ceased in said function, obtains for himself or for any person a patrimonial benefit, an increase in his level of expenditures, or cancellation of debts or obligations that do not correspond to what he could have obtained derived from his administration, execution or management or other lawful income, commits the crime of illicit enrichment of private individuals.

The person liable for this crime shall be sanctioned with a penalty of imprisonment of four to eight years and a fine of fifty thousand to five hundred thousand quetzales.

In the event that the person liable for this crime is a legal person, for the imposition of the penalty the provisions of Article 38 of the Criminal Code shall apply.

The natural person or legal person who lends their name or corporate name to collaborate in the commission of any of the crimes contemplated in Title XIII of this Code commits the crime of testaferrato; the person liable for this crime shall be sanctioned with penalty of imprisonment of five to ten years and fine of fifty thousand to five hundred thousand quetzales.

Those who commit the crime of exaction:

1.The public official or public employee who, directly or indirectly or through simulated acts, takes an interest in any contract or operation in which he intervenes by reason of his office. This provision is applicable to arbitrators, experts, accountants, guardians, executors and trustees, with respect to the functions they perform as such.

2.The public official or public employee who, for profit, interposes his influence to obtain a decision from any authority, or an opinion to be issued before the same.

Those responsible shall be punished with imprisonment of two to six years and a fine of five thousand to twenty-five thousand quetzales.

The person who, by himself or herself or through an interposed person, or acting as an intermediary, influences a public official or public employee, availing himself or herself of his or her hierarchy, position, friendship or any other personal bond, in order to obtain an undue benefit, for himself or herself or for a third person, in a matter that said public official or public employee is hearing or must decide, whether or not there is detriment to the patrimony of the State or of a third party, commits the crime of influence peddling.

The person liable for this crime shall be sanctioned with imprisonment of two to six years and special disqualification.

The same penalty shall apply to the person who, directly or indirectly, solicits or accepts a benefit, for the purpose of using his or her real or supposed influence over a public official or public employee, in order to obtain an undue benefit for himself or herself or for a third person.

If the public official or public employee who is hearing, must hear or decide the matter is a public official or employee of the administration of justice, double the penalty shall be imposed.

A public official, public employee, person exercising public functions, or person who, on the occasion of one or more contracts with the State for the execution of works or services, intervenes in any phase of the proceedings of bidding, quotation, acquisition, purchase, concession, auction, settlement, processed directly or through another executing unit, *or uses any other artifice to defraud the State, commits the crime of fraud in public administration. The person liable for this crime shall be sanctioned with imprisonment of five to ten years and special disqualification.

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If the transaction in which they intervene were related to or intended for assistance purposes or social support programs, the penalty shall be increased by two thirds.

Commits the crime of illegal collection of commissions, the public official or public employee who directly solicits, manages or receives commission, economic remuneration, payment, promise or any type of benefit, so that a contract of any kind or public work is executed or awarded by himself or through a third person. The person liable for this crime shall be sanctioned with imprisonment of five to ten years, a fine of fifty thousand to five hundred thousand quetzales and special disqualification.

A public official or public employee who demands an illegal tax, contribution, fee or municipal levies, or greater than those due, commits the crime of illegal exactions. The person liable for this crime shall be sanctioned with imprisonment of one to three years, a fine of five thousand to twenty-five thousand quetzales and special disqualification.

If the public official or public employee converts to their own benefit or that of third parties the proceeds of the exactions referred to in the preceding paragraph, the penalty shall be increased by one third.

The public official or public employee who authorizes fictitious, altered or unjustified receipts or vouchers, or whoever collects them, commits the crime of improper collection. The person liable for this crime shall be sanctioned with imprisonment of one to three years, a fine of five thousand to twenty-five thousand quetzales and special disqualification.

The public official, the member of a Development Council or any municipal public official who, for any reason, charges sums of money to private individuals who hold authorization in accordance with the Law for the Control of Mobile Telecommunications in Centers for Deprivation of Liberty and Strengthening of Infrastructure for Data Transmission, for the installation or repair of any data transmission equipment or for the construction necessary for the installation of data transmission equipment or for the use of property of public or communal domain or use for the installation of data transmission equipment, commits the crime of improper charging for installation or repair of data transmission infrastructure. The person liable for this crime shall be sanctioned with imprisonment of six to eight years, a fine of five thousand to twenty-five thousand quetzales and special disqualification.