Título VII. Disposiciones transitorias y finales
Article 96 Infrastructure Readjustment
The Executive Branch shall adapt the infrastructure of the preventive detention and sentence-serving centers so as to make viable the implementation and application of this Law.
At a minimum, there shall be one preventive detention center in each department, one sentence-compliance center per region and two maximum-security ones in the country.
In cases of overpopulation in the preventive detention and sentence-compliance centers, in the minimum-security sectors, spaces shall be provided, per cell, for a maximum of six persons; in those of medium security, a space per cell for a maximum of four persons and in the case of maximum-security centers, a space per cell for two persons.
The readjustment referred to in this article shall be carried out within a time limit of no more than ten years, from the entry into force of this Law; for such purpose, the planning, design and cost of the ideal infrastructure shall be carried out within a time limit of six months counted from the entry into force of this Law.
The funds shall be assigned to a special item and shall be additional to the resources assigned to the Ministry of Gobernación within the General Budget of Income and Expenditures of the State.
The amount of the resources assigned may not vary after the first allocation has been made; any change that is made shall be borne by the ordinary budget of the Ministry of Gobernación.
Article 97 Implementation and Application of the Law
The General Directorate of the Penitentiary System shall have sufficient budgetary resources to achieve the application of this Law, which shall be implemented within the following time limits;
a)Establishment of the Multidisciplinary Teams for Diagnosis and Treatment, Pre-liberty and Liberty within a time limit of two years;
b)Administration within a time limit of two years;
c)Progressive regime, within a time limit of ten years as a maximum; and,
d)Implementation of the penitentiary career within a time limit of four years as a maximum.
All of the foregoing in the centers that have the relevant facilities shall be done in half of the stipulated time, following an initial diagnosis. The Executive Branch may request in the cases of subparagraphs a) and b) a single extension of the time limit stipulated in this Law, which shall be duly substantiated. The Congress of the Republic shall approve or deny the request, as applicable.
Article 98 Evaluation of compliance with the time limits
It shall be the responsibility of the National Commission of the Penitentiary System to evaluate compliance with the previously established time limits and of the conviction centers in which the progressive regime can be implemented within a time limit shorter than those stipulated.
Article 99 Regulation
The Executive Branch shall issue the regulation of this Law within a time limit of three months.
Article 100 Regulations of the Detention and Sentence Centers
The Ministry of the Interior shall issue the corresponding regulations for each detention or sentence center, upon proposal by the General Directorate of the Penitentiary System, by ministerial agreement, within a maximum time limit of six months from the entry into force of this Law.
Article 101Repealed Repeal
Decree Number 56-69 of the Congress of the Republic, Law on Redemption of Penalties and its amendments, as well as all provisions that contravene this Law, is hereby repealed.
Article 102 Entry into Force
This Decree shall enter into force six months after its publication in the Official Gazette.
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.