Through Agreement 33-2022, the Supreme Court of Justice created the “Pluripersonal Criminal Peace Court to hear the crime of disobedience of labor and social security resolutions”.
The Agreement published on February 9, 2023, delimits the competence of the Court to hear the Crimes of Disobedience (Articles 414 and 420 of the Penal Code, depending on whether the responsible party is a public official or not), for non-compliance with reinstatement orders and judicial resolutions issued by the Labor and Social Security Courts.
The seat of the Court will be in the municipality of Guatemala, but it will hear complaints of crimes committed all over the country. It will implement the procedure for misdemeanors and minor wrongdoings contained in criminal procedural rules so that as of today, when a Labor and Social Security Court verifies non-compliance with an order issued, it will send the certification of the relevant facts electronically to the Public Prosecutor’s Office, which will take its actions before said Court.
It is important to point out that the Crime of Disobedience is sanctioned with a fine of Q5,000 GTQ to Q50,000 GTQ, and is incurred by persons who fail to comply with an order of a public official and in the case of legal persons, it is the legal representatives who are those responsible for it.