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).