Ley de Amparo
Ley de Amparo

Título Dos Capítulo Ocho. Recurso de apelación

Arts. 60–6910 articlesFecha de corte no indicada en la fuente

Article 60 Appeal Tribunal

The Constitutional Court shall hear all appeals filed in matters of constitutional relief (amparo).

Article 61 Decisions against which an appeal may be filed

The following are appealable: judgments of constitutional relief (amparo); orders denying, granting or revoking provisional constitutional relief (amparo); orders deciding the assessment of costs and of damage and losses; and orders terminating the proceedings.

The appeal shall be filed within forty-eight hours following the last notification.

Article 62 Appeal Without Suspensive Effect

The appeal of the order granting, denying, or revoking provisional constitutional relief (amparo) does not suspend the processing of the constitutional relief (amparo) and the original tribunal shall continue hearing the case. In this case it shall immediately send the copies it deems appropriate and the superior tribunal shall hear the matter on the basis thereof. The remittance shall be made within the twenty-four hours following the filing of the appeal.

Article 63 Standing to Appeal

The parties, the Public Prosecutor's Office may file an appeal

Article 64 Filing of the appeal

The appeal shall be filed in writing either before the tribunal that has heard the constitutional relief (amparo) or before the Constitutional Court.

If the filing of the appeal has been made directly before the Constitutional Court, it shall immediately request the record by telegraph or telephone.

Article 65 Proceedings for Better Ruling

The appeal tribunal may order the performance of such proceedings as it deems appropriate for better ruling, within a term of not more than three days in the case of an appeal of an order, and not more than five days in the case of an appeal of a judgment.

Upon expiration of the term of the order for better ruling or once the ordered proceedings have been carried out, the tribunal shall render judgment.

Article 66 Hearing and decision

In case of appeal from an order, upon receipt of the record the tribunal shall decide within the following thirty-six hours. If the appeal is from the judgment, a day and hours shall be set for the hearing within the following three days and it shall be decided within the five days immediately following it, except as provided in Article 65.

The hearing shall be public if any of the parties so requests.

Article 67 Content of the decision

The Constitutional Court in its decision shall confirm, revoke or modify what was decided by the first-instance tribunal, and in the event of revocation or modification, shall make the pronouncement that corresponds in law.

The case file shall be returned to the tribunal of origin with certification of what was decided.

Article 68 Annulment of Procedural Acts

The Constitutional Court may annul the procedural acts when, upon review of the proceedings, it establishes that the legal provisions were not observed, with the procedural acts to be redone from the point at which nullity was incurred.

Article 69 Challenge to What Has Been Decided

Against the decisions of the Constitutional Court only clarification and amplification are admissible, but the magistrates who render them shall be liable in accordance with the law.

Source: CENADOJ, Organismo Judicial — Compilación de Normativa Aplicada en Guatemala. Fecha de corte no indicada en la fuente. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.