The Congress of the Republic has enacted Decree 11-2025, a comprehensive reform that transforms Guatemala’s criminal legal framework, aiming to more effectively combat gangs, maras, and transnational criminal organizations. While these provisions are primarily intended to target criminal structures, businesses must pay close attention, as the new criminal offenses and control measures also seek to address crimes that directly affect the private sector in its operations.
Key Highlights of Decree 11-2025
- Recognition and sanctioning of gangs and maras: Gangs and maras are officially declared transnational organized criminal and terrorist groups, with clear procedures for their identification and designation.
- Harsher penalties: Sanctions are increased for crimes committed by members of these groups, including extortion, usury, unlawful recruitment of minors, obstruction of transit through extortion, and other related offenses.
- Reform of key laws: The Law Against Organized Crime, the Criminal Code, the Criminal Procedure Code, and the Prison System Law are amended to incorporate new criminal offenses and restrictions, including the prohibition of alternative measures for certain crimes.
- New penitentiary measures: The reform establishes the requirement to have maximum-security facilities and specialized databases for the monitoring and control of inmates linked to these groups.
- Expanded authority for officials: The decree grants broader powers to authorities for acquiring tactical equipment, fostering interagency coordination, and facilitating international cooperation on security and extradition matters.
- Prevention and protection: Prevention programs targeting at-risk children and youth are strengthened, as well as protections for victims and witnesses.
These reforms may have a direct impact on risk management, regulatory compliance, and even criminal defense—for both individuals and organizations that may be directly or indirectly involved in investigations or proceedings related to these offenses.
In light of this, it is essential to have strategic criminal law counsel with extensive experience in interpreting and applying complex legal reforms. This legal guidance should focus on:
- Establishing prevention, reporting, and response protocols for related offenses.
- Analyzing how these reforms affect your operations or interests.
- Assessing risks and designing prevention and defense strategies.
- Providing legal support in judicial and administrative proceedings.
This decree reflects the necessary evolution of the legal framework in response to social realities, transforming how authorities act in the pursuit of public safety and the common good.