Libro Cuarto. Procedimientos específicos

If the Public Prosecutor's Office deems sufficient the imposition of a penalty of no more than five years of deprivation of liberty, or of a penalty not involving deprivation of liberty, or even in combined form, it may request that proceedings be conducted pursuant to this title, specifying its request before the judge of first instance in the intermediate procedure.

For that purpose, the Public Prosecutor's Office shall have the agreement of the accused person and his or her defense counsel, which shall extend to the admission of the fact described in the accusation and his or her participation therein, and to the acceptance of the proposed avenue.

The existence of several accused persons in the same procedure shall not preclude the application of these rules to any of them.

The judge shall hear the accused person and shall issue the corresponding decision, without further formality. The judge may acquit or convict, but the conviction may never exceed the penalty requested by the Public Prosecutor's Office. The rules of the judgment shall apply, as applicable.

The judgment shall be based on the act described in the accusation admitted by the accused person, without prejudice to incorporating others favorable to him, whose evidence has its source in the preparatory procedure, and a legal classification different from that of the accusation may be given to the act. If the tribunal does not admit the requested avenue and deems the common procedure advisable, for a better understanding of the facts or given the possibility that a penalty higher than that indicated may correspond, it shall reject the request and shall summon the Public Prosecutor's Office to conclude the investigation and to formulate a new request. The prior request regarding the penalty does not bind the Public Prosecutor's Office during the trial.

When the prosecutor so requests, a special procedure shall be carried out, applicable to cases initiated by flagrancy or by summons or arrest warrant, where no subsequent or supplementary investigation is required, governed, apart from the general procedural rules, by the following specific rules:

1.Steps prior to the hearing:

a.Oral request by the prosecutor for application of the simplified procedure;

b.Informing the accused of the imputation of charges made by the prosecutor, and of the investigative elements available to date;

c.Sufficient time to prepare the defense;

d.Prior communication to the victim or aggrieved party of the prosecutorial decision and of the hearing to be held;

2.Steps inherent to the hearing:

a.Prior identification of the accused person, as established in Article 81 of the Code of Criminal Procedure;

b.Imputation of charges by the prosecutor, arguing and substantiating their request to bring the accused person to trial, referring to the verifiable fact and the means of evidence with which they seek to prove them at trial;

c.Intervention of the accused person to exercise their material defense;

d.Intervention of the defense and of the complainant to argue and substantiate their claim based on their theory of the case;

e.Intervention of the adhesive complainant, civil plaintiff, victim or aggrieved party, to express views on the previous interventions;

f.Immediate decision of the judge, duly reasoned.

If the opening to trial is declared, the common rules of criminal proceedings shall apply.

The procedure for less serious crimes constitutes a special procedure that applies to the adjudication of crimes punished in the Penal Code with a maximum penalty of five years of imprisonment. For this procedure, peace judges are competent, and it is governed, apart from the general procedural rules, by the following special rules:

1.Initiation of the proceedings: The proceedings commence with the filing of the prosecutorial accusation or private criminal complaint of the victim or aggrieved person;

2.Hearing on knowledge of charges: This hearing must be held within ten (10) days of the filing of the accusation or private criminal complaint, summoning the offended person, accuser, accused person and his defense counsel, conducted as follows:

a.At the hearing, the peace judge shall grant the floor, in order, to the prosecutor or, as the case may be, to the victim or aggrieved person, to argue and substantiate their request; then to the accused and his defense counsel to exercise control over the request;

b.Having heard the participants, the peace judge may decide:

I.To open the case to criminal trial, establishing the specific facts of the imputation;

II.To dismiss the case for inability to proceed, failure to constitute a crime or lack of probability of the participation of the accused person therein;

c.If he opens to trial, he shall again grant the floor to the participants, with the exception of the defense, so that in order they offer lawful, legal, pertinent and suitable evidence to be reproduced at trial, ensuring adversarial confrontation to provide control of the evidentiary imputation.

Next, the peace judge shall decide on the admission or rejection of the evidence offered, setting the date and time of the oral and public trial, which must be held within the twenty days following the hearing in which the evidence is admitted;

d.The evidence of the defense, when so requested at the hearing, shall be communicated to the Trial Court at least five days before the trial, where it shall be made available to the prosecutor or private complainant;

e.At the request of one of the procedural subjects, the nearest peace judge may be ordered to carry out an anticipated evidence procedure to be assessed at the trial.

3.Trial hearing: The procedural subjects must appear with their respective means of evidence at the oral and public trial, which is governed by the following provisions:

a.Identification of the case and preliminary warnings by the peace judge;

b.Opening arguments of each of the participants in the trial;

c.Reproduction of evidence through direct examination and cross-examination of witnesses and experts, incorporating through them documentary and material evidence;

d.Final arguments of each of the participants in the trial;

e.Narrated pronouncement of the judgment, immediately after the final arguments have been delivered, orally at the hearing itself;

In all these cases, when dealing with conflicts between private individuals, the Public Prosecutor's Office may convert the public criminal action into a private one.

Decree 7-2011 of the Congress of the Republic).

An appeal against the judgment shall be admissible, filed by the Public Prosecutor's Office, or by the accused, his defense counsel and the adhesive complainant.

The civil action shall not be discussed and may be brought anew before the competent tribunal of the civil jurisdiction. However, those who were admitted as civil parties may file the appeal, with the established limitations and only to the extent that the judgment affects the outcome of a subsequent civil claim.

If a remedy of habeas corpus (exhibición personal) has been filed, without finding the person in whose favor it was requested and there existed sufficient grounds of suspicion to affirm that such person has been detained or unlawfully held in detention by a public official, by members of the State security forces, or by regular or irregular agents, without any account being given of his or her whereabouts, the Supreme Court of Justice, at the request of any person, may:

1)Order the Public Prosecutor's Office to inform the tribunal, within the maximum time limit of five days, on the progress and outcome of the investigation, on the measures carried out and requested, and on those still pending completion. The Supreme Court of Justice may shorten the time limit when necessary.

2)Entrust the inquiry (preparatory procedure), in exclusive order:

a)To the Human Rights Ombudsman.

b)To an entity or association legally established in the country.

c)To the spouse or to the relatives of the victim.

To decide on the admissibility of the special inquiry, the Supreme Court of Justice shall summon to a hearing the Public Prosecutor's Office, the person who initiated the procedure and those interested in the inquiry who have appeared voluntarily.

Those attending the hearing shall appear at it with all the means of evidence they will invoke for the decision and shall make known the difficulties that prevented them from attaching any of such means. In this case, the Supreme Court of Justice, if it deems it essential, shall suspend the hearing for the shortest possible time limit and shall provide the necessary assistance so that the means of evidence is produced at a new hearing.

Once the evidence has been incorporated and the persons appearing have been heard, the tribunal shall decide immediately, after private deliberation and by reasoned decision, the rejection of the request or shall issue the mandate of inquiry.

If so, the Supreme Court of Justice may issue appropriate measures to guarantee the efficiency and seriousness of the inquiry.

The investigation mandate shall contain:

1)Name and surname of the Human Rights Ombudsman or of the person designated by him for the investigation, who may be a private individual independent of the institution.

2)Name, surname and identification details of the person entrusted with the investigation; if it is an association or entity, the name, surname and identification details of the person who shall represent it in the case, as proposed by the entity or association.

3)Name, surname and identification details of the disappeared person in whose favor the proceeding is brought, and the summary statement of the act deemed committed.

4)The statement of the reason for the ineffectiveness of the habeas corpus (exhibición personal) and the basis for the anticipated suspicion.

5)The statement that the appointed investigator is equated to the agents of the Public Prosecutor's Office for the clarification of the act described, with all their powers and duties, and the order to the public officials and employees of the State to afford him the same cooperation and respect as to the aforementioned public official, with the warning that reticence or lack of cooperation shall be punished according to the law.

6)The time limits upon whose expiration reports on the outcome shall be submitted to the Supreme Court of Justice.

7)Designation of the judge who controls the investigation, who may be specifically appointed.

The designated investigator shall conduct his inquiry in accordance with the common rules of the procedure for the preparation of the public action, without prejudice to the activity that the Public Prosecutor's Office may carry out.

The statement of the accused shall only proceed, at the request of the designated investigator, before the respective judge.

Upon completion of the investigation, the rules of the common procedure shall be followed.

The Supreme Court of Justice shall provide the designated investigator with the necessary assistance for the proper performance of his mandate. It shall also decide any controversy that may arise between him and the Public Prosecutor's Office.

If the Public Prosecutor's Office or the designated investigator formulates the accusation, the competent judge shall hear the intermediate procedure. Whatever the order in which they conclude, the Supreme Court of Justice shall be informed by the investigator of the result of the inquiry.

If the designated investigator fails to diligently investigate within the time limits indicated by the Supreme Court of Justice, the mandate shall lapse, in which case another investigator may be designated.

From the order opening the trial, the common rules shall govern, including for determining the competent sentencing tribunal.

The designated investigator shall continue as complainant if they had so requested in their indictment and shall always be considered as such, at all times during the procedure.

The Supreme Court of Justice shall provide protection to the complainant, to the witnesses and other subjects who intervene in the evidence when there are well-founded fears that they may be victims of any abuse.

Whoever seeks to prosecute for a crime of private action, provided it does not produce social impact, shall formulate an accusation, in person or through a special mandatary, directly before the sentencing tribunal competent for the trial, indicating the name and domicile or residence of the accused and complying with the required formalities.

If the complainant exercises the civil action, he or she shall comply with the requirements established for that purpose in this Code.

For each accused, a copy of the pleading and of the power of attorney shall be added.

The private criminal complaint shall be dismissed by reasoned order when it is manifest that the act does not constitute a crime, when proceedings cannot be brought or any of the prescribed requirements is lacking.

In that case, the pleading and the accompanying copies, including that of the judicial decision, shall be returned to the complainant. The complainant may repeat the private criminal complaint, correcting its defects, if possible, with mention of the prior dismissal. Omission of this information shall be punished with a fine of ten to one hundred quetzales.

When it is indispensable to carry out a preliminary investigation because it has not been possible to identify or individualize the person complained against or to determine his domicile or residence, or because it is necessary to establish the punishable act in a clear and precise manner, the complainant shall request it in writing, indicating the pertinent measures. The tribunal shall so order and shall send the case file to the Public Prosecutor's Office to act in accordance with the rules of the preparatory investigation, which shall return it once the proceedings have been concluded.

Prior to attending the conciliation hearing, the parties may submit their conflict to conciliation or mediation centers for consideration, so that, once it is obtained, what the parties agree upon shall be set down in a simple record to be presented to the tribunal for its homologation, provided that such agreement does not violate constitutional provisions and international treaties on human rights.

If the mediation agreement is not signed within the time limit of thirty days, the parties shall remain free to resort to the jurisdiction to bring proceedings in the corresponding manner. Once the private criminal complaint is admitted, the tribunal shall convene a conciliation hearing, sending a copy of the accusation to the person complained against.

The hearing shall be held before the tribunal, which shall give the complainant and the person complained against the opportunity to engage in free dialogue in search of an agreement. The result of the hearing shall be set down in a record and whatever the parties request shall be entered therein.

The complainant and the person complained against shall attend the hearing personally, and the presence of their lawyers shall be permitted. When either party resides abroad, it may be represented by a judicial representative with sufficient powers to conciliate. By agreement between the complainant and the person complained against, the person they propose as amicable conciliator may be designated, who shall be presented to the tribunal for its approval.

The peace judges and the judgment tribunals, when there is a danger of flight or obstruction of the investigation of the truth, shall order such personal coercive measures against the accused as may be necessary to guarantee his presence at trials for crimes of private action. They may also, where appropriate, order measures substituting preventive imprisonment, attachments and other interim protective measures as established by this Code.

If the accused person appears at the conciliation hearing without defense counsel, defense counsel shall be appointed for him on its own initiative. The same course shall be followed if he fails to appear, having been duly summoned and not having justified his non-appearance. The procedure shall follow its course.

Except at the conciliation hearing and in subsequent acts of a personal nature or when his presence is required, the accused person may be represented throughout the procedure by an agent with special power.

When the accused person has not attended the conciliation hearing, the tribunal, prior to ordering the summons to trial, shall cause him to appear in order to duly identify him, to designate a place to receive summonses and notifications and to name defense counsel, warning him of his subjection to the procedure.

Personal coercive measures may only be ordered for summons and those corresponding to the case of danger of flight or obstruction of the ascertainment of the truth.

Once the conciliation hearing has concluded without a positive result, the tribunal shall summon to trial in the corresponding form. The final deadline for the forced or voluntary joinder of the third party civil defendant coincides with the expiry of the time limit for the summons to trial.

In all other respects, the common provisions shall govern. The complainant shall have the powers and obligations of the Public Prosecutor's Office. The accused may be interrogated, but a solemn oath shall not be required of him. In trials where public morality may be affected, the hearings shall be held behind closed doors.

The private action shall be deemed withdrawn:

1)If the procedure is stayed for three months due to inactivity of the complainant.

2)When the complainant or his mandatary fails to attend the conciliation hearing or the trial hearing without just cause, which shall be proved within forty-eight hours following the date set.

3)When the complainant dies. Likewise, when incapacity supervenes upon him and none of his legal representatives appears to continue the action, after three months have elapsed since the death or incapacity occurred.

Timely retraction, satisfactory explanations, waiver by the aggrieved party or another similar cause for extinction of the criminal action, provided for by law, shall immediately cause the dismissal of proceedings.

The complainant may withdraw at any stage of the trial, with the consent of the accused without any liability; otherwise, he shall remain subject to liability for his prior acts. The withdrawal shall be recorded in authentic form or be ratified before the tribunal.

When the Public Prosecutor's Office, after the preparatory procedure, considers that only a security and correction measure is applicable, it shall request the opening of the trial in the form and under the conditions provided for the accusation in the common trial, also indicating the background and circumstances motivating the request.

The procedure shall be governed by the common rules, except those established below:

1)When the accused person is incapacitated, they shall be represented by their guardian or by whomever the tribunal designates, with whom all acts of the procedure shall be carried out, except acts of a personal nature.

2)In the case provided for in the preceding paragraph, the provisions governing the statement of the accused person shall not apply, if compliance therewith is impossible.

3)The first-instance judge at the intermediate procedure stage may also reject the request, on the understanding that the application of a penalty is warranted, and order the accusation.

4)The trial provided for herein shall be conducted independently of any other trial.

5)The debate shall be held behind closed doors, without the presence of the accused person, when it is impossible because of their condition or inadvisable for reasons of order, security or health, in which case they shall be represented by their guardian. The accused person may be brought to the debate when their presence is indispensable.

6)The judgment shall address acquittal or the application of a security and correction measure.

7)The rules referring to the abbreviated procedure shall not apply.

If after the opening of the trial the application of a penalty becomes possible, the tribunal shall give the warnings to the accused person in accordance with the applicable provisions for the extension or notification of the accusation.

This chapter does not apply to minors, who shall be subject to the provisions of the respective Minors Code.

To try misdemeanors, crimes against traffic safety and all those whose sanction is a fine, the peace judge shall hear the victim or the authority making the complaint and immediately thereafter the accused person. If the latter pleads guilty and further proceedings are not deemed necessary, the judge in the same act shall pronounce the corresponding judgment applying the penalty, if applicable, and shall order the forfeiture or the restitution of the seized item, if appropriate.

When the accused person does not admit guilt or other proceedings are necessary, the judge shall immediately summon the accused person, the victim, and the complainant authority to an oral and public trial and shall receive the relevant evidence. At the hearing, the judge shall briefly hear those appearing and shall immediately issue the respective decision in the record, acquitting or convicting.

The judge may grant an extension of the hearing for a term of not more than three days, on its own initiative or at the request of a party, to prepare the evidence, ordering the simple or bail-secured liberty of the accused person.

Against the judgments rendered in this class of trials, the appeal shall lie, which the competent first-instance Trial Court shall hear, which shall decide within the time limit of three days and, with certification of what was decided, shall immediately return the proceedings.

The appeal shall be filed verbally or in writing with a statement of grievances within the term of two days from notification of the judgment.

Every person subject to criminal proceedings has the right to accept the charges formulated against them by the Public Prosecutor's Office in the imputation or accusation, insofar as they have been admitted by the judge or tribunal, in the order of prosecution, in amendments thereto, or in the opening to trial. This implies accepting the facts, with their circumstances of time, manner and place, liability for the same and their legal classification.

Acceptance of charges must be carried out with the advice of defense counsel, in a free, conscious, voluntary and sufficiently informed manner, and therefore shall not be applicable to the persons referred to in Article 76 of the Criminal Code.

Once the person is bound over to the proceedings, the judge shall warn them that until before the commencement of the reception of evidence at the oral trial hearing, they may accept the charges and facts and in exchange obtain the benefit of reductions in the penalties. For such purpose, they have the right to receive from the Public Prosecutor's Office a copy of the investigative acts carried out.

At this procedural opportunity, or at any time in accordance with the provisions of this title, the accused person or accused may accept the charges or request a hearing before the judge or tribunal hearing the proceedings, for the purpose of accepting the charges.

If the defendant accepts the charges at the first-statement hearing, the judge shall order a recess for a prudent time of a maximum of one hour so that the defense counsel may explain to and advise the accused person on the effects of the acceptance of charges; the accused being aware and certain, with their assent, the procedure established in this Law shall immediately continue.

If the defendant decides to accept the charges after the first-statement hearing, they shall request a hearing for that purpose from the judge or tribunal, for which a hearing shall be scheduled within a time limit not exceeding five days, to which the Public Prosecutor's Office, the victims and aggrieved persons, if any, and the technical defense shall be summoned, verifying that it has adequately fulfilled its duty of advice.

The Public Prosecutor's Office shall present the evidence regarding the imputation of the facts or means of proof on which the accusation is based.

The judge or tribunal shall verify whether the indicted person understood:

a)What the charge-acceptance procedure consists of;

b)What the accepted charges consist of;

c)The right to withdraw from the acceptance of charges and the consequence of its exercise;

d)The duty of dignified reparation to victims and aggrieved persons;

e)The duty to return or deliver the product or proceeds of the accepted crimes; and,

f)The consequences of non-compliance with the duties established in subparagraphs d) and e) of this article.

Next, the judge or tribunal shall ask the defendant whether the acceptance of charges is free, conscious, voluntary and sufficiently informed, verifying that such decision is not affected by defects of consent.

The judge or tribunal shall proceed to take the defendant's statement, who must recount the facts with their circumstances of time, manner and place, as well as admit liability for the same and accept the legal classification set forth in the bind-over order, its amendments or in the opening to trial.

Once the foregoing has been established, the evidence of the Public Prosecutor's Office having been received, the victim or aggrieved person if present and the defense counsel having been heard, the judge or tribunal shall issue the judgment declaring the guilt and liability of the defendant, indicating the penalty to be imposed in accordance with this Law and applying the benefits obtained.

If the evidence of the Public Prosecutor's Office is insufficient in the opinion of the jurisdictional body, it may modify the legal classification.

Thereafter, within the following three days, if necessary under the direction of the judge or tribunal, conciliation shall be held between the defendant and the victims or aggrieved persons for the purpose of determining the amount and type of dignified reparation. If there is no conciliation, a reparation hearing shall be held, as provided in Article 124 of the Criminal Procedure Code, incorporating into the judgment the agreement and decision adopted at the reparation hearing.

The request for a charge-acceptance hearing suspends the time limits and terms of the ordinary proceedings for whoever avails themselves of the charge-acceptance procedure, until the final decision is adopted. Due to the importance, social and legal effects and scope of this charge-acceptance procedure, the time limits for the hearings are specific, non-extendable and of strict compliance, and the hearings it entails take precedence and priority over any others.

The reduction of penalties for acceptance of charges shall not apply to the following crimes:

a)Genocide; forced disappearance; extrajudicial execution; torture; crimes against the duties of humanity; homicide; parricide; murder; rape; sexual assault; entry to shows and distribution of pornographic material to persons who are minors; promotion, facilitation or favoring of prostitution; promotion, facilitation or favoring of aggravated prostitution; remunerated sexual activities with persons who are minors; production of pornography of persons who are minors; abduction or kidnapping; trafficking in persons; aggravated robbery; extortion; terrorism; femicide; and crimes covered in the Law against Narcoactivity.

b)The crimes contained in CHAPTER III of TITLE I OF THE Second BOOK, on abortion, of the Penal Code.

c)The crimes that affect the indemnity, integrity of children and adolescents.

d)The crimes contained in TITLE XI, ON CRIMES AGAINST STATE SECURITY; TITLE XII, ON CRIMES AGAINST THE INSTITUTIONAL ORDER, of the Penal Code.

e)The reduction of penalties for acceptance of charges applies only to the principal penalties of natural or individual persons.

f)In the case of habitual repeat offenders for the same crime, there shall be no right to a reduction of penalties for acceptance of charges.

If in the acceptance of charges the judge or tribunal identifies defects in consent, coercion, misinformation, or any other disregard of fundamental guarantees, it shall reject it. Immediately the proceedings shall resume the ordinary course, at the stage where they stand.

If the proceedings have undergone severance, they may be rejoined to the main case, provided they remain within the same phase, proceedings guarantees are not diminished or affected, and in the opinion of the judge or tribunal the joinder does not entail unjustified delays. Otherwise the severance shall be maintained.

If the judge or tribunal observes that the accused person or accused has not sufficiently understood any aspect of the acceptance of charges, prior to deciding on rejection or approval, it shall request the defense to briefly provide the respective explanations or clarifications.

The records documenting the rejection or retraction of the acceptance of charges shall be archived and shall not form part of the file containing the ordinary procedure.

The judge or tribunal that rejects the acceptance of charges or processes the retraction shall not hear the case in the ordinary procedure.

Acceptance of charges has the following benefits:

1.If the accused accepts the charges during the first declaration hearing or until before the order opening trial is issued, they shall have the right to have the imposed penalties reduced by half.

2.If the accused accepts the charges after the order opening trial has been issued and until before the commencement of the debate hearing, they shall have the right to have the penalties reduced by one third.

3.If the accused accepts the charges after the debate hearing has begun until before the receipt of evidence, they shall have the right to have the penalties reduced by one fifth.

The benefits obtained through acceptance of charges are granted without prejudice to the benefits established in the Penitentiary Regime Law, Criminal Code and Criminal Procedure Code; when the final penalties imposed in the acceptance-of-charges procedure are up to 5 years they shall be commutable.

When the imputation or accusation contemplates several charges, the accused person or accused may accept some and reject others. With respect to the accepted charges, the respective judge or tribunal shall give the pertinent procedural course; with respect to those not accepted, the case shall follow the common procedure.

When there is a discrepancy between the defendant and his or her defense counsel as to whether the charges are accepted or not accepted, while safeguarding the judicial guarantees of the former, the decision of the former shall prevail, bringing it to the knowledge of the judge or tribunal.

The accused has the right to retract the acceptance of charges, until before the judge declares him liable. If he timely retracts, he may accept the charges during the course of the proceedings, but he shall not have the benefits inherent in acceptance. The proceedings shall follow their course via the common route and in the corresponding phase.

For purposes of acceptance of charges before the accusation is formulated before the supervisory judge, the imputation made by the Public Prosecutor's Office at the first-declaration hearing, as accepted in the processing order or in its amendments, shall serve as the accusation.

Article 491 Duodecies. On the Duties of Dignified Reparation and of Returning or Delivering the Proceeds of the Crime.

The reduction of penalties for acceptance of charges for accused persons or accused shall not be executed until they have made dignified and comprehensive reparation to the victims or aggrieved persons, in its components of compensation, restitution, rehabilitation, satisfaction and guarantee of non-repetition, as applicable. Nor may it be executed if the defendant has not returned or delivered to the victims the patrimonial increase resulting from the crime.

By way of exception, when the socioeconomic and family conditions of the accused person or accused prevent compliance with the economic component of the reparation in a single act, the judge shall set an initial installment of not less than twenty percent nor more than thirty percent of the total; establishing the manner of payment of the remainder; and payment of the remainder shall be secured by means of real or personal guarantees, and a payment agreement for the remainder shall be entered into with the victims, which shall be included in the decision issued at the dignified-reparation hearing and shall constitute an enforceable title in accordance with Article 327, numeral 7 of the Civil and Commercial Procedure Code.

When the accused person or accused demonstrates lack of formal sources of financing or security, given his/her socioeconomic and family conditions, he/she may enter into with the victims a payment agreement for the remainder, which shall be included in the judgment and shall constitute an enforceable title.

The amount of the harm or dignified reparation shall be determined, after issuance of the judgment, in the following order:

1.By means of a conciliatory act under the direction of the judge or tribunal hearing the case;

2.At a reparation hearing, in accordance with the procedure provided for in Article 124 of the Code of Criminal Procedure.

Article 491 Terdecies. Revocation of the Benefits of Acceptance of Charges.

When the convicted person violates the conditions indicated in the present special procedure or fails to comply with the payment agreement, the Public Prosecutor's Office or the victim or aggrieved person shall request from the judge in charge of the case file the revocation of the benefits obtained by reason of the acceptance of charges, through the incidents procedure.

Article 491 Quaterdecies. Appeals.

Against the judgment rendered on the basis of acceptance of charges, the appeal lies; but the parties only have standing to challenge matters relating to procedural safeguards, penalties, liberty, or if the judge or tribunal decides contrary to the charges and their respective acceptance.