Ley contra la Narcoactividad
Ley contra la Narcoactividad

Capítulo IV. Circunstancias especiales de la aplicación de penas

Arts. 20–223 articlesTexto al 31 may 2025

Article 20 Accomplices

Accomplices shall be subject to the penalty prescribed for principals, reduced by one third or not, at the discretion of the judge. This provision also includes the perpetrator of an attempt.

Article 21 Special Aggravating Circumstances

The following are special aggravating circumstances, in relation to the crimes covered by this law:

a)That the act affects or could affect minors, pregnant women, mentally ill persons, or persons suffering from physical diminishment.

b)That the perpetrator has facilitated the use or consumption of drugs in educational establishments, centers for the protection and recreation of minors, military units or detention or penitentiary centers or shall be reviewed each year.

that the perpetrator is the owner or person in charge of social, cultural, recreational, sports entities or entities of any other nature.

c)That the perpetrator is in charge of the prevention or prosecution of the crimes established in this law.

d)That the perpetrator is a public official or public employee, uses weapons or practices a profession that is directly related to the health of the people.

In the foregoing cases, the penalty may be increased up to twice the maximum of that prescribed for the crime committed.

Article 22 Special Mitigating Circumstances

The penalty may be reduced by up to one-fourth of the minimum stated in this law, in the following cases:

a)When the principals, accomplices or accessories of the crimes contemplated in this law, spontaneously before a competent judge, provide, beyond their participation, information that contributes to the establishment of the crimes defined in this law or to the capture of their principals, or when the principal brings to the knowledge of the authority what he knows about the plans to commit the aforementioned crimes, doing so with sufficient time to prevent their execution.

b)When during the preliminary proceedings or within the proceedings, until before the judgment, the accused provides relevant information that makes possible the seizure or forfeiture of drugs or of property from crimes related to the crimes defined in this law.

The application of the benefit contemplated in this article may not exceed one-fourth of the minimum of the sentence imposed.

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.