Capítulo IX. Asistencia juridica internacional

In order to facilitate investigations and judicial proceedings concerning the crimes referred to in this law, the Public Prosecutor's Office and the competent judicial authorities may provide and request assistance to and from other states for:

a)Receive testimony or take statements from persons.

b)Present judicial documents.

c)Carry out inspections and seizures.

d)Examine objects and places.

e)Provide information and items of evidence.

f)Deliver originals or authentic copies of documents and case files related to the case, including banking, financial, corporate and commercial documentation.

g)Identify or detect the proceeds, the instruments and other elements for evidentiary purposes.

h)Any other form of reciprocal judicial assistance authorized by domestic law.

Whenever reciprocity exists, the states that have subscribed to psychotropics ratified by Guatemala may request in writing the provisional detention of the wanted person who is in the national territory.

The request must contain:

a)Information on the description, identity, location and nationality of the person whose detention is requested.

b)A statement prepared by a judicial public official on the criminal conduct for which the requested person is pursued, place and date of the commission of the crime and the legal provisions that define it as a crime;

c)The commitment to subsequently request extradition through the corresponding channel.

d)The documents proving the existence of a judgment or of a detention order issued and in force by the competent tribunal of the country requesting the precautionary measure must be attached.

The competent Trial Courts may issue an order of pretrial detention against persons sought by another State for crimes relating to drugs, narcotics and psychotropics. Provisional detention shall end if, within a period of sixty days therefrom, no extradition request has been received. Such release shall not preclude subsequent detention or extradition if the request is subsequently made with the formalities required by law.

Requests for assistance formulated by other states may be submitted through diplomatic channels or directly to the Public Prosecutor's Office, which shall promote their prompt execution before the competent tribunals. The Public Prosecutor's Office shall also formulate and process through the corresponding channel national requests for procedural assistance.

The requesting party shall cover the costs of execution of the request for assistance.