Ley contra el Femicidio
Ley contra el Femicidio

Capítulo VI. Obligaciones del Estado

Arts. 13–219 articlesTexto al 31 may 2025

Article 13 Rights of the Victim

It is the obligation of the State to guarantee to the woman who is a victim of any form of violence, the following rights:

a)Access to information.

b)Comprehensive assistance.

Male and female officials who without justified causes deny or delay the delivery of information or comprehensive assistance to the detriment of the proceedings or of the victim shall become subject to labor and administrative measures and sanctions, without prejudice to civil or criminal liability as applicable.

Article 14 Strengthening of the offices in charge of criminal investigation

For compliance with the provisions contained in this law, the Public Prosecutor's Office shall create the Prosecutor's Office for Crimes against the Life and Physical Integrity of Women, specialized in the investigation of the crimes created by this law, with the budgetary, physical, material, scientific and human resources that enable it to fulfill the purposes thereof.

Article 15 Creation of Specialized Jurisdictional Bodies

The Supreme Court of Justice shall implement specialized jurisdictional bodies that shall hear the crimes established in the present law, organizing their operation on a twenty-four (24)-hour basis, without prejudice to the jurisdiction attributed to the Trial Courts of the criminal branch.

Article 16 Comprehensive Support Centers for Women Survivors of Violence

It is the obligation of the State to guarantee access, pertinence, quality and the financial, human and material resources for the functioning of the Comprehensive Support Centers for Women Survivors of Violence. The National Coordinator for the Prevention of Intrafamily Violence and Violence Against Women -CONAPREVI- shall promote their creation and shall provide accompaniment, advice and monitoring to the specialized women's organizations that administer them.

Article 17Amended Institutional Strengthening

The National Coordinator for the Prevention of Intrafamily Violence and Violence Against Women -CONAPREVI- is the governing, coordinating, advisory and promoting entity for public policies concerning the reduction of intrafamily violence and violence against women.

The State is responsible for the strengthening and institutionalization of the entities already created, for addressing the social problem of violence against women, to ensure their sustainability, including: CONAPREVI, the Defender's Office for Indigenous Women -DEMI-, the Presidential Secretariat for Women -SEPREM-, and the Comprehensive Support Centers for Women Survivors of Violence -CAIMUS-. Likewise, the strengthening of other Non-Governmental Organizations in the same sense shall be guaranteed.

(Reformado por Artículo 43 del Decreto 21-2016 del Congreso de la de Finanzas Públicas deberá asignar los recursos dentro República).

Article 18 Training for State Public Officials

Within the framework of the execution of the National Plan for the Prevention and Eradication of Intrafamily Violence and Violence Against Women -PLANOVI-, it is incumbent upon the National Coordinator for the Prevention of Intrafamily Violence and Violence Against Women -CONAPREVI- and other non-governmental organizations to provide advice, follow-up and monitoring of the training and capacity-building processes on violence against women with ethno-cultural pertinence directed at female and male public officials, with special emphasis on female or male justice operators.

Article 19Amended

Legal assistance to the victim.

The State, through the Institute for Assistance and Attention to the Victim of Crime, shall assume the obligation to provide free legal assistance to the victim or her family members, having to provide them with the corresponding legal services to guarantee the effective exercise of their rights.

The Victim Institute, through its regulations and internal operating rules, shall determine the corresponding department for compliance with this obligation.

(Reformado por Artículo 44 del Decreto 21-2016 y Artículo 11 del Decreto 9-2019, ambos del Congreso de la República ).

Article 20 National Information System on Violence against Women

The National Institute of Statistics -INE- is obligated to generate, with the information that the Judicial Branch, the Public Prosecutor's Office, the Office of the Attorney General of the Nation, the Institution of the Human Rights Ombudsman, the National Civil Police, the Institute of Criminal Public Defense, the Popular Law Offices and any other institution that hears the crimes contemplated in the present law must remit to it, indicators and statistical information, and must create a National Information System on Violence against Women. The referred entities shall implement the appropriate mechanisms, in accordance with their internal regime, for compliance with this obligation.

Article 21

Budget allocations: The Ministry of the budget of income and expenditure of the State, for compliance with the present law, in relation to the following matters:

a)Creation of the Prosecutor's Office for crimes against the life and physical integrity of Woman.

b)Strengthening of the National Institute of Forensic Sciences -INACIF-.

c)Creation of specialized jurisdictional bodies for hearing crimes against the life and physical integrity of woman.

d)Strengthening and adequate functioning of the National Coordinator for the Prevention of Intrafamily Violence and Violence Against Woman -CONAPREVI-.

e)Implementation of the National Plan for the Prevention and Eradication of Intrafamily Violence and Violence Against Woman -PLANOVI-.

f)Strengthening of the protection service for procedural subjects and persons linked to the administration of criminal justice.

*g) Strengthening of the Institute of Public Criminal Defense for the provision of the free legal assistance service.

(Inciso suprimido por Artículo 41 del Decreto 21- 2016 del Congreso de la República).

Source: CENADOJ, Organismo Judicial — Compilación de Leyes Penales de Guatemala, 4a. ed.. Texto al 31 de mayo de 2025. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.