conduct are included, since the following are omitted: punishment, discrimination and any other purpose as part of the criminal category, as well as the application of methods tending to annul the personality of the victim or to diminish his physical or mental capacity, even if they do not cause physical pain or mental anguish, for which reason those objective elements, would cause that in the provision, whose unconstitutionality is denounced, there has been an omission to classify acts highly harmful to the moral and physical integrity of individuals, necessary to complement the criminal type provided for in article 201 of the Penal Code, contravening Thus, Article 1 of the Inter-American Convention to [P]revent and [P]nish Torture […] This Court considers that in order to comply with the necessary typification and in application of international human rights standards, the description of the behaviors that constitute "torture" must be specifically established, for which it is necessary to introduce by way of reform the penal norm contained in article 201 Bis of the Penal Code the phrases: "punishment", "any type of discrimination", "or for any other purpose", as purposes of the crime of torture, and expressly regulates that this crime also constitutes "the application on a person of methods tending to obliterate the personality of the victim or to diminish his physical or mental capacity, even if they do not cause physical pain or psychic anguish.14 31. The Constitutional Court concluded, therefore, that article 201 bis of the Criminal Code should be reformed through “legislative action with the additions from the provisions contained in the United Nations Convention against Torture and other Treatment or Cruel or Degrading Punishments and in the Inter-American Convention to Prevent and Punish Torture”. 15 32. Furthermore, the State argued that although article 201 bis of the Criminal Code has not yet been harmonized, the "Law of the National Mechanism for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment", Decree No. 40-2010 of October 6, 2010, has collected the criteria that define the crime of torture according to international treaties in Article 4, such as: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of obtaining information or a confession from them or a third party, punishing them for an act they have committed, or are suspected of having committed, or intimidating or coercing that person or others, or for any reason based on any kind of discrimination, when said pain or suffering is inflicted by a public official or other person in the exercise of public office, at their instigation, or with their consent or acquiescence. 16 33. Based on the acknowledgment made by the State and the body of evidence in this case, the Court notes that, as of the date of this judgment, said modification and legislative adaptation have not taken place. Consequently, the Court considers that although the dispute has ceased on this aspect, it will refer to this point in the corresponding section of the chapter on reparations. C. Conclusion 34. Once the scope of the State’s acknowledgment of international responsibility has been determined, in consideration of the seriousness of the facts and of the alleged violations, as well as taking into account the powers that fall to this Court as an international body for the protection of human rights, the Court will proceed to determine the facts that occurred. The Court will also open the corresponding chapters to analyze and specify, as appropriate, the scope of the violations alleged by the Commission or the representatives, as well as the consequences that may arise in terms of reparations. Cf. Judgment of the Constitutional Court of the Republic of Guatemala, of July 17, 2012, file 1822-2011 http://200.6.233.69/Sentencias/820216.1822-2011.pdf, and pleadings and motions brief of July 27, August 2018 (Merits Valenzuela Ávila, fs. 349 to 350) 15 Cf. Judgment of the Constitutional Court of the Republic of Guatemala, of July 17, 2012, supra. 16 Decree No. 40-2010 of October 6, 2010, the “Law of the National Mechanism for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment”. Available at: http://www.mnpopt.gob.gt/img/kcfinder/files/2010-Ley-del-MNP-Decreto-40.pdf 14 10