Libro Segundo Título XIV. De los delitos contra la administración de justicia

Whoever falsely imputes to any person facts which, if true, would constitute a crime of those giving rise to procedure on its own initiative, if such imputation is made before an administrative or judicial public official who by reason of their office should proceed to the corresponding investigation, shall be sanctioned with imprisonment of one to six years.

No proceedings may be brought against the complainant or accuser except when in the respective dismissal of proceedings or judgment of acquittal, the accusation or complaint has been declared calumnious.

Whoever falsely states before an administrative or judicial public official that a crime of those giving rise to procedure on its own initiative has been committed, or simulates the existence of material evidence in order to induce the initiation of proceedings, shall be sanctioned with imprisonment from six months to two years.

The provisions of the two preceding articles are also applicable to the accusation or complaint of crimes that cannot be prosecuted on its own initiative, when they are made by the persons to whom the law recognizes the right to formulate them.

Whoever, by means of a declaration before a competent authority, attributes to himself a crime that he has not committed or that another person has perpetrated, shall be sanctioned with a fine of one hundred to one thousand quetzales.

The public official or public employee who, by reason of their office, has knowledge of the commission of an act classified as a crime subject to public prosecution and, knowingly, omits or delays making the corresponding report to the competent judicial authority, shall be sanctioned with a fine of one hundred to one thousand quetzales. A private individual who, being legally obligated, fails to report shall incur the same sanction.

Whoever, through a collusive pact or employing any other unlawful means, avoids the summons or appearance at trial of a third party or provokes decisions that prejudice the rights of said third party, shall be sanctioned with imprisonment of one to four years and with a fine of five thousand to twenty-five thousand quetzales. Lawyers who, knowingly, direct, sponsor or carry out the respective proceedings and requests shall incur the same sanctions, in addition to the corresponding accessory penalties.

Commits the crime of obstruction of criminal prosecution:

Whoever influences another person, to prevent such person from providing information or means of evidence to the competent bodies of the justice system.

Whoever employs physical force, intimidation, threats or coercion against any public official or public employee who is a member of the Judicial Branch or of the auxiliary institutions of the administration of justice, translator, interpreter or expert, to obstruct the performance of their functions.

Whoever, in order to prevent the obtaining of evidence or means of evidence, refuses to provide to the Public Prosecutor's Office, Judicial Branch, National Civil Police or General Directorate of Criminal Investigation, documents or information known to him or in his possession, being obligated to do so.

Whoever, with the same purpose destroys or conceals information or documents, or provides false documents or information to the Public Prosecutor's Office, Judicial Branch, National Civil Police or General Directorate of Criminal Investigation.

The person liable for any of the criminalized actions shall be punished with imprisonment of three to six years and special disqualification.

Commits perjury whoever, before a competent authority, swears to tell the truth and fails to do so with malice.

The person liable for this crime shall be sanctioned with imprisonment of six months to three years and a fine of fifty to one thousand quetzales.

The witness, interpreter, translator or expert who, in their statement or opinion before a competent authority or notary, affirms a falsehood, refuses to declare when obligated to do so or conceals the truth, commits false testimony.

The person liable for false testimony shall be sanctioned with imprisonment of six months to three years and a fine of fifty to one thousand quetzales.

If the false testimony is committed in criminal proceedings against the accused, it shall be sanctioned with imprisonment of two to six years and a fine of two hundred to two thousand quetzales.

The sanctions indicated shall be increased by one-third if the false testimony is committed through bribery.

Whoever, knowingly, presents false witnesses in judicial or administrative matters or before a notary, shall be sanctioned with imprisonment of six months to two years and a fine of fifty to one thousand quetzales.

If the presentation was carried out by bribing the false witnesses, the same penalty corresponding to those bribed shall be imposed on him.

A judge who, knowingly, issues decisions contrary to the law or bases them on false facts, shall be sanctioned with imprisonment of two to six years.

If the decision issued consists of a judgment of conviction in criminal proceedings, the sanction shall be three to six years.

The judge who, through inexcusable negligence or ignorance, issues decisions contrary to the law or bases them on false facts shall be sanctioned with a fine of one hundred to one thousand quetzales and special disqualification of one to two years.

The provisions of the first paragraph of Article 462 and of the preceding Article shall be applicable, in their respective cases, to arbitrators.

The lawyer or judicial representative who, in any manner, deliberately harms the interests entrusted to him, shall be sanctioned, provided that the act does not constitute a more serious crime, with imprisonment of one to three years and special disqualification for twice the duration of the sentence.

The attorney or judicial proxy who, having undertaken the defense, direction or representation of a party, thereafter represents the opposing party in the same matter, assists or advises it, shall be sanctioned with a fine of two hundred to two thousand quetzales and special disqualification of one to two years.

The public official or employee of the Public Prosecutor's Office, of the General Directorate of Criminal Investigation or of the Judicial Branch, who during tenure in office or after leaving it represents, advises or assists one of the parties in a matter in which said public official or employee has intervened or participated by reason of office, commits the crime of illegal representation; shall be sanctioned with a penalty of imprisonment of two to five years and special disqualification.

Commits the crime of delay of justice, the judge who fails to process a lawfully filed request or who, knowingly, delays or orders delay of the administration of justice; shall be sanctioned with imprisonment of two to four years, a fine of one hundred thousand to five hundred thousand quetzales, and special disqualification.

The same sanction shall apply to the representative of the Public Prosecutor's Office, of the National Civil Police and of the General Directorate of Criminal Investigation who, knowingly, delays the criminal investigation or the exercise of the criminal action.

The public official or public employee of the Judicial Branch, of the Public Prosecutor's Office, of the National Civil Police and of the General Directorate of Criminal Investigation commits the crime of denial of justice who, maliciously:

a)Diverts the criminal investigation or the criminal action ex officio to avoid linking or to unlink the person or persons responsible for the crime.

b)Fails to promote the criminal investigation ex officio or the criminal action.

c)Conceals, alters or destroys any indication or evidence that allows establishing the commission of a crime, authorship or criminal participation.

The person responsible for this crime shall be punished with imprisonment of three to eight years and special disqualification; with the same penalties shall be sanctioned the judge who refuses to adjudicate, under pretext of obscurity, insufficiency or silence of the law.

Whoever, while detained or as a convicted person, escapes, shall be sanctioned with imprisonment of ten to twenty years and a fine of fifty thousand to one hundred thousand quetzales.

If the act was committed using violence, the sanction shall be increased to double.

Whoever procures or facilitates the evasion of a person detained or convicted for a crime, shall be sanctioned with imprisonment of eight to eighteen years and a fine of forty thousand to eighty thousand quetzales.

If the liable person were a public official or trusted employee in charge of the custody or guard of the escapee, or if the act were committed employing violence, the sanction shall be increased to double.

The public official or public employee directly in charge of the custody or keeping of a person detained or convicted of a crime who negligently gives occasion for his escape shall be sanctioned with imprisonment of five to fifteen years.

Neither the application of the conditional suspension of the penalty nor the application of any substitute measure shall be admissible as to the perpetrator or accomplice of the crimes contemplated in Articles 470 and 471 of this Code.

Detainees or convicted persons who riot, disturbing the order or discipline of penal establishments, shall be punished with imprisonment of one to three years.

The ringleaders or leaders of the riot shall be punished with the indicated penalty increased by one third.

A person who, without prior concert, connivance or agreement with the perpetrators or accomplices of the crime but with knowledge of its perpetration, subsequently intervenes, carrying out any of the following acts, is liable for proper concealment:

1º.Concealing the offender or facilitating their escape

2º.Denying to the authority without justified cause, the surrender of an accused, pursued person or offender who is in the residence or dwelling of the requested person.

3º.Helping the perpetrator or accomplice to evade the investigations of the authority or to escape its inquiry.

4º.Receiving, concealing, suppressing, rendering unusable, profiting from, keeping, hiding, trafficking in or negotiating, in any form, objects, effects, instruments, evidence or traces of the crime.

Those liable for the crime of concealment shall be punished with imprisonment of two months to three years.

The person liable for the crime of improper concealment is whoever:

1º.Habitually harbors, conceals or protects offenders or, in any form, conceals weapons or effects of a crime, even if he or she does not have specific knowledge thereof.

2º.Who, being obliged to presume, in accordance with the circumstances, the commission of the crime, performs any of the acts referred to in the preceding article.

The person liable for the crime referred to in the first paragraph of this article shall be sanctioned with imprisonment of two to four years.

The person liable for the crime referred to in the second paragraph of this article shall be sanctioned with a fine of fifty to one thousand quetzales. If the person liable has a business in the objects in question or engages in habitual trafficking activities with the same, whether new or used, the sanction shall be six months to two years and a fine of one hundred to two thousand quetzales.

Those who have committed crimes of concealment in favor of a relative within the degrees established by law, spouse, cohabiting partner or person joined in a de facto union are exempt from penalty, unless they have benefited or aided the offender or benefited from the effects of the crime.