Título IV Capítulo IV. Organismo Judicial

Justice is administered in accordance with the Constitution and the laws of the Republic. The power to judge and to promote the execution of what has been judged corresponds to the tribunals of justice. The other State bodies shall provide to the tribunals the assistance they require for compliance with their decisions.

Magistrates and judges are independent in the exercise of their functions and are subject only to the Constitution of the Republic and to the laws. Those who attack the independence of the Judicial Branch, in addition to having the penalties established by the Criminal Code imposed upon them, shall be disqualified from holding any public office.

The jurisdictional function is exercised, with absolute exclusivity, by the Supreme Court of Justice and by the other tribunals established by law.

No other authority may intervene in the administration of justice.

The courts of justice in every decision or judgment shall obligatorily observe the principle that the Constitution of the Republic prevails over any law or treaty.

The following are instituted as guarantees of the Judicial Branch:

a)The functional independence;

b)The economic independence;

c)The non-removal of the magistrates and judges of first instance, except in the cases established by law; and

d)The selection of personnel.

Magistrates and judges shall enjoy the right to a preliminary hearing in the manner determined by law. The Congress of the Republic has jurisdiction to declare whether or not there is cause to initiate proceedings against the President of the Judicial Branch and the magistrates of the Supreme Court of Justice.

Jurisdiction in relation to the other magistrates and judges corresponds to the latter.

Magistrates and judges must be Guatemalans of origin, of recognized honorability, be in enjoyment of their citizen rights and be bar-registered attorneys, save for the exceptions established by law with respect to this latter requirement in relation to certain judges of privative jurisdiction and minor judges.

The law shall fix the number of magistrates, as well as the organization and functioning of the tribunals and the procedures to be observed, according to the subject matter concerned.

The function of magistrate or judge is incompatible with any other employment, with directorial positions in trade unions and political parties, and with the status of minister of any religion.

The magistrates of the Supreme Court of Justice shall render before the Congress of the Republic the oath to administer prompt and complete justice. The other magistrates and judges shall render it before the Supreme Court of Justice.

Magistrates, whatever their category, and first-instance judges, shall hold office for five years, the former being eligible for reelection and the latter for renewed appointment. During such period they may not be removed or suspended, except in the cases and with the formalities provided by law.

Judges, secretaries and auxiliary personnel shall be appointed by the Supreme Court of Justice.

The judicial career is established. Admissions, promotions and advancement shall be carried out through competitive examination. A law shall regulate this matter.

The labor relations of the public officials and employees of the Judicial Branch shall be governed by its Civil Service Law.

Judges and magistrates shall not be removed, suspended, transferred or retired, except for one of the causes and with the guarantees provided for by law.

In no proceedings shall there be more than two instances and the magistrate or judge who has exercised jurisdiction in one of them may not hear the other nor in cassation, in the same matter, without incurring liability.

No tribunal or authority may hear concluded proceedings, except in the cases and forms of review determined by law.

The common tribunals shall hear all private-law controversies in which the State, the municipality or any other decentralized or autonomous entity acts as a party.

It is the attribution of the Supreme Court of Justice to formulate the budget of the Branch; for such purpose, an amount of not less than two percent of the State Ordinary Revenue Budget is assigned to it, which shall be delivered to the Treasury of the Judicial Branch each month in proportional and advance form by the corresponding organ.

18-93) The funds derived from the administration of justice are private funds of the Judicial Branch and their investment corresponds to the Supreme Court of Justice. The Judicial Branch shall annually publish its programmatic budget and shall inform the Congress of the Republic every four months about the scope and the analytical execution thereof.

The Supreme Court of Justice is composed of thirteen magistrates, including its president, and shall be organized into the chambers that it itself determines. Each chamber shall have its president.

The President of the Judicial Branch is also President of the Supreme Court of Justice whose authority extends to the tribunals of the entire Republic.

In the event of temporary absence of the President of the Judicial Branch or when pursuant to law he cannot act or hear, in certain cases, he shall be substituted by the other magistrates of the Supreme Court of Justice in the order of their designation.

The Magistrates of the Supreme Court of Justice shall be elected by the Congress of the Republic for a period of five years, from a list of twenty-six candidates proposed by a nominating commission composed of a representative of the Rectors of the Universities of the country, who shall preside over it, the Deans of the Faculties of Law or Legal and Social Sciences of each University of the country, an equivalent number of representatives elected by the General Assembly of the Bar and Notaries Association of Guatemala and an equal number of representatives elected by the titular magistrates of the Court of Appeals and other tribunals referred to in Article 217 of this Constitution.

The election of candidates shall require the vote of at least two-thirds of the members of the Commission.

In voting both to constitute the Nominating Commission and to constitute the list of candidates, no representation shall be accepted.

The magistrates of the Supreme Court of Justice shall elect, from among its members, with the favorable vote of two-thirds, the president thereof, who shall remain in office for one year and may not be reelected during that term of the Court.

To be elected magistrate of the Supreme Court of Justice, in addition to the requirements provided for in Article 207 of this Constitution, it is required to be over forty years of age, and to have served a complete term as magistrate of the Court of Appeals or of the collegiate tribunals that have the same status, or to have practiced the profession of lawyer for more than ten years.

To be a magistrate of the Court of Appeals, of the collegiate tribunals and of others that may be created with the same category, in addition to the requirements stated in Article 207, it is required to be over thirty-five years of age, to have been a judge of first instance or to have practiced the profession of lawyer for more than five years.

18-93). The titular magistrates referred to in this article shall be elected by the Congress of the Republic, from a list containing twice the number to be elected, proposed by a nominating commission composed of a representative of the Rectors of the Universities of the country, who presides over it, the Deans of the Faculties of Law or Juridical and Social Sciences of each University of the country, an equivalent number of members elected by the General Assembly of the Bar Association of Lawyers and Notaries of Guatemala and by an equal number of representatives elected by the magistrates of the Supreme Court of Justice.

The election of candidates requires the vote of at least two-thirds of the members of the Commission.

In the voting, both for the formation of the Nominating Commission and for the formation of the list of candidates, no representation shall be accepted.

The Court of Appeals is composed of the number of chambers determined by the Supreme Court of Justice, which shall also establish its seat and jurisdiction.

The military tribunals shall hear the crimes or misdemeanors committed by the members of the Army of Guatemala.

No civilian may be tried by military tribunals.

The judicial function in matters of accounts shall be exercised by the first-instance judges and the Second-Instance Tribunal of Accounts.

Against the judgments and final accounts orders that put an end to the proceedings in higher-value matters, the appeal in cassation shall lie. This appeal is inadmissible in economic-coercive proceedings.

Its function is to oversee the legality of the public administration and it has authority to hear disputes concerning acts or decisions of the administration and of the decentralized and autonomous entities of the State, as well as in cases of controversies arising from contracts and administrative concessions.

No prior payment or security shall be required to seek recourse before this tribunal. However, the law may establish specific situations in which the appellant must pay interest at the current rate on the taxes challenged or contested and whose payment to the Treasury was delayed by virtue of the appeal.

An appeal in cassation may be filed against decisions and orders that terminate the proceedings.

The magistrates of the Supreme Court of Justice shall be substituted by the magistrates of the tribunals referred to in Article 217 of this Constitution, as provided by the Law of the Judicial Branch, provided they meet the same requirements as the former.

The magistrates of the tribunals referred to in Article 217 of this Constitution shall have as alternates the magistrates elected with such category by the Congress of the Republic.

Alternate magistrates shall be elected on the same occasion and in the same manner as the titular magistrates and from the same slate.