Anti-Corruption Law 2012 (Guatemala)

**Unofficial Translation** Guatemala Anti-Corruption Law THE CONGRESS OF THE REPUBLIC OF GUATEMALA CONSIDERING The State of Guatemala is organized to protect the person and its ultimate goal is the realization of the common good, so it is essential duty of the State to guarantee the life, liberty, justice, security, peace and development of the person; WHEREAS That the various forms of corruption manifested in the actions of public officials and employees are one of the key elements that prevent the realization of these constitutional principles; WHEREAS The proper functioning of the public service contributes to the economic, social and cultural development of the State of Guatemala, as well as the credibility and legitimacy of the same; WHEREAS That contribute to achieving the goals of the State of Guatemala, it is necessary to adapt our criminal legislation on corruption to the context of lack of effectiveness of the state to prosecute such crimes; THEREFORE Based on the powers assigned to the literal "a" of Article 171 of the Constitution of the Republic of Guatemala.

DECREES The following Anti-Corruption Law With the following amendments to the Penal Code, Decree 17-73 of the Congress of the Republic, to the Law Against Organized Crime, Decree 21-2006 of the Congress of the Republic, and of Decree 55-2010 of the Congress of the Republic Act Forfeiture.

Article 1. A final paragraph is added to Article 28 of the Penal Code, Decreto17-73 Congressional Republic as amended, with the following: "The public officials or employees who, abusing the position of which are vested, commit an offense, shall be punished with the punishment for the crime committed, increased by a quarter."

Article 2. It amends Article 38 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 38. Criminal liability of legal persons. With regard to legal persons will be responsible for the respective offenses directors, managers, officers, agents, directors, officers or employees of them, who took part in the event and Sir, whose participation has not been done this and will be punished with the same penalties prescribed in this code for individuals.

Legal persons shall be liable in all cases where the authorization or consent to participate its directors, managers, officers, agents, directors, officers or employees of them also when any of the following circumstances: a) When the crime is committed by failure to control or supervision and are favorable result. b) When the crime is committed by a decision of the deciding body.

In all crimes where legal persons found responsible and not have signaled a penalty will be imposed fine of ten thousand dollars (U.S. $ 1O, 000.00) to six hundred twenty-five thousand U.S. dollars of the United States of America (U.S. $ 625,000.00) or its equivalent in local currency.

The fine will be determined according to the economic capacity of the legal entity and be set taking into account the circumstances under which the crime was committed.

Repeat offenders final order seeking cancellation of his legal status. " Article 3. Number 7 is added to Article 51 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "7. Those convicted of offenses against public administration and administration of justice. " Article 4. It amends section 10 of article 56 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "1 째 The suspension of political rights."

Article 5. Article 57 is amended Dei Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: Article 57. Disqualification. The disqualification will be as appropriate: 1 째 In the imposition of one or more of the prohibitions set forth in the various paragraphs of the article above.

2 ° In the prohibition to exercise a profession or activity whose exercise depends on a permit, license or rating.

In the offenses of which is legally protected public administration or the administration of justice, the disqualification will be the one corresponding to the second and third paragraphs of the preceding article. In the case of legal persons, the disqualification shall consist of the inability to contract with the State.

Article 6. A final paragraph is added to Article 58 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: 'In crimes against the public administration and justice, together with the principal penalty shall be imposed for disqualification or special, which may not be less than four years. " Article 7. Paragraph is added to Article 107 6th Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, to read as follows: "6 °. If the crime was committed by public officials or employees for offenses against public administration and justice, when the term twice the period specified by law for prescribing it. " Article 8. Number 7 is added to Article 108 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: 7 °. For all crimes against public administration and Administration of Justice, from the day when the public official or employee ceases in his tenure. This provision applies to all participants in the offense, without exception.

Article 9. It deletes the second paragraph of Article 214 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended.

Article 10. It deletes the second paragraph of Article 215 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended.

Article 11. Reforms the Article 220 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 220. Aggravation specified. The sanctions for criminal acts defined in the three preceding articles, shall be imprisonment from six months to three years, in the following cases: 1 ° If the author will take advantage of as manager, director, officer or employee of the department, respective company or entity.

2 °. In the case of official business.

3 °. If the information obtained, the author publishes doeth, by any means.

4 ° If the perpetrator is a public official or employee. "

Article 12. Reforms the Article 274 "A" of the Criminal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 274" A '~ destruction of computer records. Shall be punished with imprisonment from six months to four years and a fine of 2000 to 10,000 quetzals, who destroy, erase or otherwise unusable, altered or damaged data files.

If the action referred to in the preceding paragraph person was intended to hinder an investigation or prosecution of a criminal nature, the offender shall be punished according to Article 458 bis of the Code."

Article 13. Reforms the Article 274 of the Criminal Code F, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Section 274" F '~ Using information. Term of imprisonment of six months to two years and a fine of 2000 to 10,000 quetzals, without authorization, use or obtain for himself or for another, data contained in computer records, databases or electronic files.

Article 14. Reforms the Article 418 of the Penal Code Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 418. Abuse of authority. Commits an offense of Abuse of Authority, the official or public employee abuse of his office or duties, orders, carries out or permits any arbitrary or unlawful act to the detriment of public administration or third parties, whether individuals or public officials or employees , which is not specifically covered by the provisions of this Code. Perpetrators of this crime will be punished with imprisonment of three to six years and disqualification.

The same penalty shall be imposed on public official or employee who uses unlawful or unnecessary. " Article 15. It amends Article 419 of the Penal Code Act 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 419. Dereliction of duty. Commits an offense of dereliction of duty, the officer or employee who omits, refuses or delays to perform some act of his own role or position. Perpetrators of this crime will be punished with imprisonment of three to six years and disqualification. " Article 16. Is added to Article 419 bis Criminal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 419 Bis. Failure to file affidavit submitted heritage. The crime of dereliction of duty to file affidavit equity public official, public employee or person exercising public functions is bound by law to submit or update your estate affidavit and do or omit to do so without complying with the requirements of the law matter, shall be punished with imprisonment from six months to two years. "

Article 17. Article 419 is added to the Penal Code Ter, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 419 Ter. Falsehood in equity affidavit. Commits an offense of false affidavit equity, public official, public employee or person exercising public functions during his tenure incurs when making false sworn statements of assets to the Comptroller General of Accounts.

The prosecution of this crime is independent of the processes established accounts in ordinary legislation in force.

The person responsible for this crime be punished by imprisonment of two to six years, a fine of twenty thousand to two hundred thousand quetzals and disqualification. " Article 18. Reforms the Article 420 of the Penal Code, Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 420 Disobedience. Commits an offense of disobedience, the public official or employee who refuses to give proper effect to judgments, decisions or orders of higher authority dictated within the limits of their respective competence and lined legal formalities. Perpetrators of this crime will be punished with imprisonment of one to waste years, a fine of 5000 to 20,000 quetzals and disqualification. " Article 19. It amends section 422 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 422. Disclosure of secrets. Commits an offense of revealing secrets the public official or employee who discloses or facilitates the disclosure of facts, acts or documents of which it has knowledge by reason of their office and that provision of the law must remain secret.

The person responsible for this crime shall be punished by imprisonment of one to three years and a fine of 5000 to 20,000 quetzals and disqualification. " Article 20. Reforms the Article 432 of the Penal Code Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Articles 432. Illegal appointments. Commits an offense Appointments Illegal, the public official or employee who knowingly engage his public office or employment for a person who does not attend the requirements required by law.

Perpetrators of this crime will be punished with imprisonment of six months to two years and a fine of 10,000 to 25,000 quetzals.

The same penalty shall be imposed on whoever appoints person who meets the legal requirements for the position, but intentionally omit or alter the legal or regulatory procedures established.

If the appointee is related within the degrees of the offender law, the penalty shall be increased by onethird and disqualification shall be imposed. " Article 21. It amends section 433 of the Penal Code, Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Articles 433. Usurpation of powers. Commits the crime of usurpation of authority, the officer or employee who knowingly arrogare powers do not correspond to their position or duties that are incumbent.

Perpetrators of this crime will be punished with imprisonment from six months to two years and a fine of 10,000 to 25,000 quetzals. " Article 22. Reforms the Article 439 of the Penal Code, Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 439. Passive bribery. Commits an offense of passive bribery, the public official or public employee who performs public functions, to solicit or accept, directly or indirectly, anything of monetary value, or other benefit, by way of favor, gift, present, promise or advantage for any another concept, for himself or for another person, to make, ordain, delaying or omitting an act inherent to his position.

Perpetrators of this crime will be punished with imprisonment from five to ten years, a fine of fifty thousand to five hundred thousand quetzals, and disqualification, subject to the penalty for the crime committed.

When the public official or employee compels the favor, gift present, promise or advantage, the penalty is increased by one third.

People who report acts mentioned in this article, shall be protected by appropriate authorities in accordance with law. " Article 23. It amends Article 442 of the Penal Code, Decree 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 442. Active bribery. Commits an offense of active bribery, any person who offers or submit to a public official or public employee who performs public functions, directly or indirectly, anything of monetary value, or other benefit, by way of favor, gift, present, promise, advantage or for any other reason, for himself or for another person, to conduct, order, delayed or omits an act inherent to his position.

Perpetrators of this crime will be punished with imprisonment from five to ten years, a fine of fifty thousand to five hundred thousand quetzals and disqualification, subject to the penalty for the crime committed. "

Article 24. It amends article 442 bis of the Penal Code, Decree Number 17-73 Dei Congress of the Republic, as amended, is amended as follows: "Article 442a. Active Bribery Crime. Commits an offense of active bribery transnational any person who offers or delivers to a public official or employee of another State or international organization, directly or indirectly, anything of monetary value, or other benefit, by way of favor, gift, present, promise, advantage or for any other reason, for himself or for another person, to conduct, order, delayed or omits an act inherent to his position.

The charge shall be punished with imprisonment from five to ten years and a fine of fifty thousand to five hundred thousand quetzals. " Article 25. Article 442 is added to the Penal Code Ter, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 442 Ter. Passive Bribery Crime. Passive bribery offense commits crime, public official or employee of another State or international organization that solicits or accepts, directly or indirectly, anything of monetary value, or other benefit, by way of favor, gift, present, promise or advantage another concept, for himself or for another person, to perform, order or omit an act inherent to his position.

The charge shall be punished with imprisonment from five to ten years and a fine of fifty thousand to five hundred thousand quetzals. " Article 26. Reforms the Article 444 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 444. Special liability exemption. In cases of bribery, infringing taxation, shall be exempt from criminal liability the person who reports or assists in obtaining the evidence of the crime. " Article 27. Reforms the Article 445 of the Penal Code Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 445 Embezzlement by subtraction. Commits embezzlement by subtraction, the public official or employee who removes or consents to another subtract monies, or assets Police, perceive, manage or save by reason of their duties. Perpetrators of this crime will be punished with imprisonment from five to ten years, a fine of 10,000 to 50,000 quetzals and disqualification.

If the monies, or assets were for welfare purposes or social support programs, the penalty shall be increased by two-thirds. " Article 28. Article 445 is added Bis. Penal Code Decree 17-73 of the Congress of the Republic, as amended, is amended as follows:

"Article 445 Bis. Embezzlement by use. Commits embezzlement by use, the official or public employee for purposes other established service in public administration use or allow another to use one's own advantage or others, vehicles, machinery, equipment or any other instrument of work is under your care, custody or administration belonging to the public administration, as well as work or service intended for public office exercising. Perpetrators of this crime will be punished with imprisonment of three five years, a fine of 10,000 to 50,000 quetzals and disqualification.

This provision applies to public works contractor or its employees when the goods listed belong to the state or any public agency.

If vehicles, machinery, and any other instrument of work, labor or services were intended to end welfare or social support programs, the penalty shall be increased by two-thirds. " Article 29. It amends Article 446 of the Penal Code Act 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 446 Embezzlement Death. Embezzlement commits manslaughter, the public official or employee who, through negligence, shall give opportunity to someone else been effected by the theft of monies, or assets in question Article 445 and 445 of this Law Bis The responsible This offense shall be punished by imprisonment of one to three years and disqualification.

The same penalty shall be imposed on the public officer or employee who knowingly allow to be lost, destroyed, or expire decompose goods, food or perishable products that are in their custody or administration, even if they belong to the State.

If the monies, or assets were for welfare purposes or social support programs the penalty shall be increased by one third. " Article 30. It amends Article 447 of the Penal Code, Decree 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 447. Embezzlement. Commits an offense of embezzlement, public official or employee who gives the flow, effects or property it manages, or use an application other than that for which they would be assigned. The person responsible for this crime shall be punished by imprisonment of two to six years and a fine of 20,000 to 50,000 quetzals.

If as a result of the commission of this offense causes damage or obstruction of the service, the penalty shall be increased by one third.

If flows, effects or goods were destined to end welfare or social support programs, the penalty shall be increased by two-thirds. " Article 31. Article 448 is added Bis. Penal Code Decree 17-73 of the Congress of the Republic, as amended, is amended as follows:

"Article 448 Bis. Illicit Enrichment. Commits the offense of illicit enrichment official, public employee or person exercising public functions, and up to two years after they ceased to perform the function, to obtain for himself or for any person a benefit asset, an increase in their level of expenses, cancellation of debts or obligations not corresponding to which it may obtain, from the exercise of office or any income and can not justify its lawful origin.

Perpetrators of this crime will be punished with imprisonment of five to ten years, a fine of fifty thousand to five hundred thousand quetzals and disqualification. " Article 32. Article 448 is added to the Penal Code Ter, Decree 17-73 of the Congress of the Republic, which looks like this: "Article 448 Ter. Enrichment! Lawful individuals. The crime of illicit enrichment of individuals who no public official or employee be administered, run or manage public funds or property of the state, up to five years after they have ceased to that function, to obtain for himself or for anyone, a benefit assets, increase their level of spending, or debt cancellation or debt, which does not correspond to which it may obtain derivative administration, implementation or management or other lawful income.

Perpetrators of this crime will be punished with imprisonment of four to eight years and a fine of fifty thousand to five hundred thousand quetzals.

Should responsible for this crime is a legal person, to the imposition of the penalty shall apply the provisions of Article 38 of the Penal Code. " Article 33. Article 448 is added Quater. The Penal Code, Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 448 Quater. Racketeer. Commits an offense of front men the person or legal entity that given forth its corporate name, to assist in the commission of any offense under Title XIII of this Code, the person responsible for this crime shall be punished with imprisonment of five to ten years and a fine of fifty thousand to five hundred thousand quetzals. " Article 34. It suppresses the second paragraph of Article 449 of the Penal Code, Decree 17-73 of the Congress of the Republic, as amended.

Article 35. It adds Article 449 bis of the Penal Code, Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 449 Bis. Influence peddling. Commits an offense of trading in influence the person who abused his right to petition, by itself or through another person or acting as an intermediary, to influence an officer or employee taking advantage for this purpose of rank, position, friendship or other link staff, to make a profit, contract, agreement, decision or opinion on a matter that the official or public employee or should solve this knowing whether or not the expense of state assets or a third party.

The person responsible for this crime shall be punished by imprisonment of two to six years and disqualification.

The same penalty will who by himself or through another person, receives or solicits, give or promise to do for himself or for another, any benefit to the offer to intercede before an officer or employee who is hearing, meeting or has to deal or resolve any judicial or administrative matter, whether or not the expense of state assets or a third party.

If the author is an officer or employee who takes advantage of their position or function to commit this offense, the penalty shall be increased by two-thirds.

If the public official or employee before it, has to receive or resolve the matter, is an officer or employee of the administration of justice, shall be imposed double punishment. " Article 36. It amends Article 450 of the Penal Code, Decree 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 450. Fraud. Commits an offense of fraud in the public administration official, public employee, who performs public functions or who on the occasion of one or more contracts with the state of execution of works or services, part at any stage of the bidding process, pricing, acquisition , purchase, grant, auction, liquidation, processed directly or through another execution unit, or uses any other artifice to defraud the State. Perpetrators of this crime will be punished with imprisonment from five to ten years and disqualification.

If the operation was involved in or used for purposes related care or social support programs, the penalty shall be increased by two-thirds. " Article 37. It adds Article 450a of the Penal Code, Decree 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 450a. Collection! Legal fees. Commits an offense of illegal collection of fees, the public official or employee to request, manage or receive, directly or indirectly commission, financial reward, payment, promise or any benefit, to be made or awarded by himself or by a third party contract of any kind or public work. Perpetrators of this crime will be punished with imprisonment from five to ten years, a fine of fifty thousand to five hundred thousand quetzals and disqualification. " Article 38. It amends Article 451 of the Penal Code Act 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 451. Extortion. Commits an offense of extortion, the official or public employee exigiere tax, levy, duty or excise illegal or above that apply. The person responsible for this crime shall be punished by imprisonment of one to three years, fined 5000-25000 quetzals, and disqualification.

If the public official or employee tuned his/her own advantage or third the product of the charges stated in the previous paragraph, the penalty shall be increased by one third. "

Article 39. It amends Article 452 of the Penal Code, Decree 17-73 of Congress of the Republic, as amended, is amended as follows: "Article 452. Mischarging. The crime of improper collection, the public official or employee authorizing receipts or fictitious, altered or unjustified, or who get paid. The person responsible for this crime shall be punished by imprisonment of one to three years, fined 5000-25000 quetzals, and disqualification. " Article 40. Is added to Article 458 bis Criminal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 458 Bis. Obstructing prosecution. The crime of obstruction of criminal proceedings: Who influence another person, to avoid providing information or evidence to the competent organs of the justice system.

Who use physical force, intimidation, threat or coercion of any public officer or employee who is a member of the judiciary or auxiliary institutions of the administration of justice, translator, interpreter or expert, to interfere with the exercise of their functions.

Who to avoid obtaining evidence or evidence, refuses provide to prosecutors, the judiciary or PNC, documents or information known or available to it, being forced to.

Who, for the same purpose, destroy or hide information or documents, or documents or provide false information to prosecutors, the judiciary or PNC. The person responsible for any of the acts defined shall be punished with imprisonment of three to six years and disqualification. " Article 41.Se reform Article 467 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: Article 467. Representation illegal. Commits an offense of illegal representation officer or employee of the Attorney General or the judiciary during his tenure or after him, represent, advise or assist a party in a matter in which he has intervened or participated by reason of office, shall be punished with imprisonment of two to five years and disqualification.

Article 42. Reforms the Article 468 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 468. Delay of Justice. Commits an offense of delay of justice the judge refuse to give effect to a request by law or knowingly, or orders delays carrying delay the administration of justice, shall be punished with imprisonment of two to four years, a fine of one hundred thousand to five hundred thousand quetzals and disqualification.

The same penalty shall apply to the Public Prosecutor or the PNC who knowingly delays carrying out research or pursue criminal prosecution. " Article 43. It amends section 469 of the Penal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Article 469. Denial of justice. Commits an offense of denial of justice, the public official or employee of the judiciary, prosecution or PNC, maliciously: a) Divert criminal investigation or prosecution by the court to avoid link or unlink to or responsible for the crime. b) I will stop promoting official criminal investigation or prosecution. c) conceals, alters or destroys any indication or evidence to establish the commission of a crime, criminal responsibility or participation.

The person responsible for this crime be punished with imprisonment of three to eight years and disqualification, the same penalties shall be imposed on judge refuses to prosecute, under cover of darkness, silence or failure of the law. " Article 44. Article 1 is amended. General Provisions of the Criminal Code, Decree No. 17-73 of the Congress of the Republic, as amended, is amended as follows: "Section 1. General Provisions Penal Code. For criminal purposes means: 1 째. For furniture, goods can move from one place to another without affecting them or the building in which they are placed and livestock, in any case.

2 째. For public officer who, by operation of law, popular election or appointment legitimate, function or authority exercised jurisdiction and representation formalized.

Notaries shall be considered as officials in the case of offenses committed on the occasion or by reason of acts relating to the exercise of their profession.

For public employee who has been appointed without legal authority own determination, and performs or executes what is commanded, or agent performs work or guardian of public order.

For criminal purposes, the term also as public officer or employee who has been engaged for a position within the public administration.

3 째. For weapon, any object or instrument, intended to cause offense or defense, explosive or corrosive substances and corrosive gases and asphyxiating or any instrument capable of damaging when carried as a terror.

4 째. For violence, physical and psychological or moral. The first, is a manifestation of force on persons or things, the second is intimidating to people. Shall exist the latter, when concur hypnosis, narcosis or deprivation of reason or sense, whether the perpetrator causes the situation or take advantage.

5 째. As unfair as illegal. " Article 45. Article 2 is amended literal a.5) and added subsection A.8) of Decree 55-2010 of the Congress of the Republic, Law of Extinction Domain, which are as follows: "A.5) Embezzlement, theft by embezzlement, wrongful embezzlement, embezzlement, extortion, fraud, collusion, malfeasance, passive bribery, active bribery, transnational active bribery, passive bribery crime, evasion, evasion cooperation, culpable evasion, illegal collection commissions, illicit enrichment and illicit enrichment of individuals, front men, extortion, illegal charges, use of information, abuse of authority, false affidavit, influence peddling, obstruction of prosecution, rendering illegal delay of justice, denial justice, murder when done for money, reward, promise or for profit. Kidnapping or abduction, fraud itself when the victim is the State, fraud by accounting information when the victim is the State, human trafficking, extortion, terrorism, financial services, bankruptcy fraud, making false coin, currency alteration, introduction of currency false or altered, contained in Decree 17-73 of the Congress of the Republic, Penal Code, as amended.

A.8) Disclosure of confidential or proprietary information contained in Decreto57 2008, Law on Access to Information. " Article 46. Article 2 is amended literal e.1) and added subsection E.6) of Decree 21-2006 of the Congress of the Republic, Law Against Organized Crime, which look like this: e.1) Embezzlement, theft by embezzlement, wrongful embezzlement, embezzlement, extortion, fraud, collusion, malfeasance, passive bribery, active bribery, transnational active bribery, passive bribery crime, illegal collection of fees, embezzlement and illicit enrichment of individuals, front men, extortion, improper collection, destruction of computer records, information use, abuse of authority, dereliction of duty, insider trading, obstruction of prosecution, rendering illegal, justice delayed, justice denied, contained in Decree 17-73 of the Congress of the Republic, Penal Code, as amended. e.6) Disclosure of confidential or proprietary information contained in Decreto57 2008, the Law on Access to Public Information.

Article 47. Effectiveness. This Decree shall enter into force eight days after its publication in the Official Journal.

REFER TO THE EXECUTIVE FOR SANCTION, Promulgation and publication.

ISSUED IN THE PALACE OF THE LEGISLATURE, IN THE CITY GUATEMALA, THE ___ DAY OF THE MONTH OF THE YEAR ________________ two thousand twelve.