the Notarial Code establishes the civil responsibility of the notary in cases of the nullity of the public instrument.120 73. Regarding criminal responsibility, if the notary commits any of the offenses established in the Criminal Code,121 he can be disqualified from the exercise of the notarial profession pursuant to article 58 of the code.122 Notaries who refuse to hand over their protocol when requested may also be held criminally responsible.123 74. In the case of administrative responsibility, in its final arguments, the Guatemalan State clarified that when there is an impediment to the exercise of the profession, a complaint may be filed before the Supreme Court of Justice, which may act, ex officio, if it is aware of any cause for disqualification in relation to any specific notary.124 In addition, the General Archive of Protocols of the President of the Judiciary may inspect and review notarial protocols. Lastly, regarding disciplinary responsibility, the notary must maintain professional discipline and, if he does not, offenses are examined by the Honor Court of the Guatemalan Lawyers and Notaries Professional Association.125 75. Thus, it can be seen that the laws of Guatemala appear to establish a strong range of suitable mechanisms to oversee the notarial function and to sanction professionals who act irregularly. Such mechanisms efficiently promote the guarantee of the proper exercise of the attestation authority by notaries and do not impair the right to equality and nondiscrimination. 76. Ultimately, owing to the concern related to the scenario that a non-national notary may leave the country taking with him his notarial protocols, it is important to underline the existence of a suitable mechanism that anticipates this scenario, and this is the obligation to hand in the protocol before leaving the country. According to article 8 of the Guatemalan Notarial Code, the protocol consists of the “ordered collection of original documents signed by the parties, official deeds, reasons for the certification of signatures, and documents registered by the notary pursuant to this law.” The Notarial Code establishes two scenarios in which the notary must hand in his protocol to the General Archive of Protocols: the first, when the professional is disqualified from the exercise of the notarial profession (art. 26), and the second, if the notary will be absent from the country for more than one year (art. 27). If the notary will be absent from the country for less than a year, the Notarial Code establishes that: “he shall deposit it with another authorized notary, and must give written notice, signed and sealed by both notaries, to the Director of the General Archive of Protocols in the capital, or to a judge of first instance of the notary’s domicile.”126 120 Cf. Guatemalan Notarial Code. Article 35. “In order for civil responsibility for damage to proceed against the notary due to the nullity of the instrument, it is necessary that he has been summonsed and heard in the respective trial concerning the cause of nullity.” Cf. The following articles of the Criminal Code of Guatemala: article 222. Undue publicity; article 223. Revelation of professional secrets; article 264. Special cases of fraud; article 321. Falsification; article 322. Misrepresentation of the facts; article 327. Suppression, concealment or destruction of documents; article 437. Liability; article 438. Non-compliance with formalities. 121 Cf. Criminal Code of Guatemala. Article 58. Application of special disqualification: li. “Together with the main sanction, special disqualification shall be imposed, when the offense is committed with abuse in the exercise of, or with violation of the duties inherent in, a profession or activity. In offenses against the public administration and the administration of justice, together with the main sanction, special or absolute disqualification shall be imposed, which may not be less than four years.” 122 123 Cf. The State’s brief with final arguments of April 28, 2022, para. 83. 124 Cf. The State’s brief with final arguments of April 28, 2022, para. 80. 125 Cf. Answering brief of June 14, 2021, para. 72. Cf. Guatemalan Notarial Code. Article 27. “The notary who must be absent from the Republic for more than one year shall hand in his protocol to the General Archive of Protocols in the capital and, in the departments, to the judge of first instance, who will forward it to the said archive. If the notary will be absent for less time, he shall deposit it with another authorized notary, and must give written notice, signed and sealed by both notaries, to the Director of the General Archive of Protocols in the capital, or to a judge of first instance of the domicile of 126 20