Capítulo II. Acción de extinción de dominio

The action for extinction of domain is jurisdictional in nature, in rem in character and patrimonial in content, and shall proceed against any real, principal or accessory, or credit right, over any of the property described in this Law, irrespective of who is exercising possession thereof, or who, under any title, holds himself out, behaves or claims to be owner, without prejudice to the rights of third parties in good faith, free of fault or without simulation of the transaction.

The extinction of the domain right shall be exercised and substantiated exclusively under the rules contained in this Law, irrespective of any criminal action and proceedings that may have been initiated or concluded, in accordance with the criminal laws of the Republic of Guatemala.

For investigating the grounds for extinction of domain, exercising the action before the competent tribunals and deciding on the claim, criminal prosecution or a final or prior decision of the judges hearing the criminal case shall not be necessary, nor any other requirement not set forth in this Law.

For the purposes of this Law, it is presumed, save evidence to the contrary, that the property, money, products, fruits or profits that have been acquired or negotiated, at any time, and that are or may be subject to the action of extinction of domain, which must be substantiated in accordance with the provisions of Articles 12 and 13 of this Law, derive from the illicit or criminal activities in question.

The action for extinction of ownership provided for in this Law is imprescriptible, distinct and independent from criminal prosecution and liability.

The death of the holder of the right or of the person who has benefited or profited from property, fruits, gains or products mentioned in this Law shall not extinguish the exercise of the action, nor cause it to cease, suspend or interrupt.

The international agreements and treaties on cooperation and legal or judicial assistance for reciprocal collaboration in matters of location, identification, recovery, repatriation and extinction of ownership of property, signed, approved and ratified in accordance with the Political Constitution of the Republic of Guatemala, are fully applicable to the cases provided for in this Law, through the procedures established in the Mutual Legal Assistance Agreements.

Notwithstanding the preceding paragraph, the Prosecutor General, directly or through the designated prosecutorial agents, may directly request and obtain information from the authorities of the State, territory or jurisdiction where the property subject to the action for extinction of ownership is located or is suspected to be located, or they may travel to the place abroad to conduct the corresponding investigations. The information or documents obtained may be presented before the judge or tribunal hearing the case in Guatemala and shall have evidentiary value.