Libro III · Título II Capítulo II. Derechos y garantías fundamentales en el proceso de adolescentes en conflicto con la ley penal

From the commencement of the investigation and during the conduct of the judicial proceedings, the guarantees applicable to adults shall be respected for adolescents, as well as those corresponding to them by virtue of their special condition. The guarantees enshrined in the Political Constitution of the Republic, in the international instruments accepted and ratified by Guatemala and in the laws related to the subject matter of this Law shall be deemed fundamental.

All procedural acts in the proceedings involving adolescents in conflict with criminal law shall be free of charge and shall be conducted orally; a succinct written account of the hearing shall be prepared, which record may be taken stenographically or by other technical means, according to the capabilities and provisions of the Trial Court.

The judge or tribunal, as applicable, the prosecutor, the defense counsel, the accused adolescent and the procedural parties shall attend in person throughout the entirety of all hearings that are scheduled.

During the investigation and in the course of the proceedings, in the execution of the measures, the right of adolescents to equality before the law and not to be discriminated against on any ground shall be respected.

The adolescent has the right to a free interpreter to assist him in all procedural acts in which his presence is necessary and whenever he does not understand or does not speak the language used.

The application of this Law, both in the proceedings and in the execution, shall be in charge of bodies specialized in human rights matters. The staff working in the different bodies shall have specialized training in law, sociology, psychology, criminology and behavioral sciences, in all cases oriented to adolescence in conflict with criminal law.

The adolescent has the right during the development of the proceedings and the execution of the sanction to receive attention and guidance from a multidisciplinary professional team on legal, social, psychological, educational and health aspects.

The adolescent has the right to receive clear and precise information in accordance with their age and maturity, of all decisions adopted against them and on the form and time limit within which they may be appealed.

No adolescent may be subjected to proceedings for acts that do not violate criminal law. Nor may they be subjected to procedures, measures or sanctions that the law has not previously established.

No adolescent may be subjected to any measure established in this Law, unless it is proven that their conduct harms or endangers a legally protected interest.

Adolescents shall be presumed innocent until their participation in the acts attributed to them is proven by the means established in this Law or other legal means.

Adolescents' right to due process shall be respected, both during the conduct of the proceedings and when any measure or sanction is imposed on them.

No adolescent shall be obliged to testify against himself or herself, nor against his or her spouse or relatives within the degrees established by law.

No adolescent may be prosecuted more than once for the same act, even if the legal classification is modified or new evidence is presented.

When two different laws or norms may be applicable to an adolescent, the one most favorable to their fundamental rights shall always be chosen.

Adolescents shall have the right to have their private life and that of their family respected. Consequently, disclosing the identity of an adolescent subject to proceedings is prohibited.

Data on acts committed by adolescents subject to this Law shall be confidential. At all times, the identity and image of the adolescent shall be respected.

Judges of Adolescents in Conflict with Criminal Law shall endeavor to ensure that the information they provide on judicial statistics does not contravene the principle of confidentiality or the right to privacy enshrined in this Law.

Adolescents shall have the right to be assisted by defense counsel, from the beginning of the investigation and until they comply with the measure imposed on them.

It is prohibited to disclose in any form the identity and image of the accused, prosecuted or sanctioned adolescent and that of the members of their family. A fine of between five and twenty-five minimum wages of the labor sector to which they belong shall be imposed on violators. Depending on the damage caused, it shall be quantified and imposed by the Judge of Adolescents in Conflict with Criminal Law of the jurisdiction where the violation was committed, through the procedure of incidents.

Adolescents shall have the right to present the evidence and arguments necessary for their defense and to rebut whatever is contrary. In no case may they be tried in absentia.

Adolescents shall have the right to be heard, to submit evidence and to question witnesses and to rebut the arguments of the opposing party. The foregoing shall be guaranteed by the intervention of defense counsel and of the Public Prosecutor's Office within the proceedings.

Measures constituting deprivation of liberty shall be used only in the cases established by this Law; as a last resort, for the briefest period and only when no other viable measure exists.

Sanctions imposed within the proceedings shall be rational and proportionate to the transgression committed by the adolescent who violates criminal law.

Sanctions not determined in this Law shall not be imposed under any circumstances; the foregoing does not exclude the possibility that the sanction may cease early.

In the event of being subjected to a sanction involving deprivation of liberty, on a provisional or definitive basis, adolescents shall have the right to be placed in a suitable center, exclusive for adolescents; not in one intended for adults. They shall be guaranteed an interpreter and that the trial be conducted in their language as provided for adults.