Título Dos Capítulo Seis. Sentencia

When rendering judgment, the constitutional relief (amparo) tribunal shall examine the facts, shall analyze the evidence and proceedings and everything that formally, actually and objectively proves to be pertinent; it shall examine each and every applicable ground of law, whether or not alleged by the parties.

Based on the foregoing considerations and contributing its own doctrinal and jurisprudential analysis, it shall render judgment, always interpreting the Constitution extensively, granting or denying constitutional relief (amparo), with the object of providing the maximum protection in this matter, and shall make the other pertinent declarations.

The interpretation of the norms of the Constitution and of other laws contained in the judgments of the Constitutional Court establishes legal doctrine that must be respected by the tribunals when there are three concurring rulings of the same Court. However, the Constitutional Court may depart from its own jurisprudence, reasoning the innovation, which is not obligatory for the other tribunals, unless three successive concurring rulings are issued in the same sense.

The tribunal shall also decide on costs and on the imposition of the fines or sanctions resulting from the processing of the constitutional relief (amparo).

An award of costs shall be mandatory when the constitutional relief (amparo) is declared well-founded. The liable party may be exonerated when the filing of the constitutional relief (amparo) is based on previously established case law, when the applicable law is of doubtful interpretation, and in cases in which, in the opinion of the tribunal, action was taken with evident good faith.

When the tribunal deems, duly giving its reasons, that the constitutional relief (amparo) filed is frivolous or manifestly inadmissible, in addition to ordering payment of costs, it shall sanction with a fine of fifty to one thousand quetzales, according to the seriousness of the case, the attorney sponsoring it.

The constitutional relief (amparo) tribunals have the obligation, whether the constitutional relief (amparo) be one of those indicated in Article 9 of the present law, and shall incur liability if they fail to do so. The parties have the right; the Public Prosecutor's Office and the Human Rights Ombudsman have the obligation, to demand the imposition of the applicable sanctions against those liable. Fines may in no case be converted into imprisonment.

The sanctions and fines established by this law are not applicable to the Public Prosecutor's Office nor to the Human Rights Ombudsman when they are the petitioners of the constitutional relief (amparo).