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Reforms to the Criminal Code (2014-2017)

The Guatemalan government implemented several reforms to the Criminal Code between 2014 and 2017. These changes aimed to address various crimes related to data transmission equipment, taxation, and public order.

Key Reforms

  • February 19, 2014: Decree 8-2014 amended Article 158 of the Criminal Code.
  • April 8, 2014: Decree 12-2014 added Articles 294 Ter, 421 Bis, and 452 Bis to the Criminal Code. However, these articles were later declared unconstitutional by the Constitutional Court (Ruling 2089-2014, dated June 6, 2014).

Added Articles

  • Article 294 Ter: Established the crime of “Disturbance to the installation, use or repair of data transmission equipment.”
  • Article 421 Bis: Established the crime of “Denial of help in case of disturbance to the installation, use or repair of data transmission equipment.”
  • Article 452 Bis: Established the crime of “Improper charge for installation or repair of data transmission infrastructure.”

Constitutional Court Rulings

  • March 10, 2016: The Constitutional Court declared Articles 294 Ter, 421 Bis, and 452 Bis unconstitutional.
  • June 6, 2014: The Constitutional Court (Ruling 2089-2014) declared the added articles unconstitutional.

Other Reforms

  • November 28, 2014: Decree 22-2014 added section 13 to Article 358 B of the Criminal Code, regulating special cases of tax fraud.

These reforms aimed to address various crimes related to data transmission equipment, taxation, and public order. However, some provisions were later declared unconstitutional due to concerns about their validity and potential impact on individual rights.