13
The kidnapping or abduction of a person in order to obtain a ransom, an exchange for
third parties, or other illegal purpose of the same or similar nature, shall be punished by
eight to fifteen years of imprisonment.
The death penalty shall be imposed on the perpetrator when, owing to the kidnapping or
abduction or during it, the person kidnapped dies.6
43(2) The said Article 201 of the Guatemalan Penal Code has been modified three
times. The first reform was introduced by Legislative Decree No. 38/94, which
established the death penalty for cases in which the person kidnapped was under the
age of 12 years or over the age of 60 years, and when the person kidnapped died or
received serious or very serious injuries or permanent mental or psychological
traumas as a result of the kidnapping. If the perpetrator of the crime expressed
regret, the norm establishes the benefit of mitigation of the punishment:
The kidnapping or abduction of a person in order to obtain a ransom, a remuneration, an
exchange for third parties, or any other illegal or lucrative purpose of the same or
similar characteristics and identity shall be punished by twenty-five to thirty years’
imprisonment. The death penalty shall be imposed on the perpetrator in the following
cases: (a) if the person is under the age of 12 years or over the age of 60 years; (b)
when, owing to or during the kidnapping or abduction, the person kidnapped receives
serious or very serious injuries or permanent mental or psychological traumas or dies.
The corresponding punishment may be mitigated if the perpetrator of this crime shall
express regret at any stage or provide information leading to a satisfactory conclusion to
the kidnapping or abduction.7
43(3) The second reform was introduced by Legislative Decree No. 14/95, which
punished anyone guilty of the crime of kidnapping with the death penalty. The
reform excluded all causes for mitigation of the punishment.
The death penalty shall be imposed on the perpetrators of the crime of the kidnapping or
abduction of one or more persons to obtain a ransom, an exchange of persons or a
decision contrary to the will of the person kidnapped or for any other similar or equal
purpose. In this case, no attenuating circumstances shall be taken into consideration.8
43(4) The third reform of the said Article 201 of the Penal Code was introduced by
Legislative Decree No. 81/96,9 in force in Guatemala as of October 21, 1996. This
reform establishes the death penalty as the sole punishment applicable to the
perpetrators or masterminds of the crime of kidnapping:
The death penalty shall be imposed on the perpetrators or masterminds of the crime of
the kidnapping or abduction of one or more persons to obtain a ransom, an exchange of
persons or a decision contrary to the will of the person kidnapped or for any similar or
equal purpose and, when this cannot be imposed, the punishment shall be twenty-five to
fifty years of imprisonment. In this case, no attenuating circumstances shall be taken into
consideration.
Cf. copy of Legislative Decree No. 17/73 (Penal Code) issued by the Congress of the Republic of
Guatemala on July 5, 1973 (file of helpful evidence submitted by the State, appendix 1, folios 662 to 689).
6
Cf. copy of Legislative Decree No. 38/94 issued by the Congress of the Republic of Guatemala on
April 26, 1994 (file of helpful evidence submitted by the State, appendix 2, folio 691).
7
Cf. copy of Legislative Decree No. 14/95 issued by the Congress of the Republic of Guatemala on
March 16, 1995 (file of helpful evidence submitted by the State, appendix 3, folio 693).
8
9
Cf. copy of Legislative Decree No. 81/96 issued by the Congress of the Republic of Guatemala on
September 19, 1996 (file of helpful evidence submitted by the State, appendix 3, folio 695).
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