Unofficial Translation (Courtesy of DeepL) Article 448 Bis.- Illicit enrichment (Added by Article 31 of Decree 31-2012 of the Congress of the Republic, Law against Corruption). The crime of illicit enrichment is committed by the official, public employee or whoever exercises public functions, and up to five years after having ceased to exercise the public function, who obtains for himself or for any person a proprietary benefit, an increase in his level of expenses, cancellation of debts or obligations that do not correspond to that which he may have obtained, derived from the exercise of the position or from any income, and of which he cannot justify its licit origin. The person responsible for this crime shall be punished with imprisonment from five to ten years, a fine from fifty thousand to five hundred thousand Quetzales and special disqualification. Article 448 ter.- Illicit enrichment of individuals (Added by Article 32 of Decree 31-2012 of the Congress of the Republic, Law Against Corruption). The offence of illicit enrichment of private individuals is committed by anyone who, without being a public official or employee, administers, executes or manages public resources or State assets, up to five years after having ceased to hold such position, obtains for themselves or for any other person a patrimonial benefit, an increase in their level of expenditure, or cancellation of debts or obligations that do not correspond to what they may have obtained from their administration, execution or management or other lawful income. The person responsible for this offence will be sanctioned with a prison sentence of four to eight years and a fine of fifty thousand to five hundred thousand Quetzales. If a legal person is responsible for this offence, the provisions of article 38 of the Criminal Code shall apply to the imposition of the penalty. … Article 38.- Criminal liability of legal persons (Reformed by Article 2 of Decree 31-2012 of the Congress of the Republic, Law Against Corruption). With regard to legal persons, directors, managers, executives, representatives, administrators, officials or employees of them, who have intervened in the act and without whose participation the act would not have taken place, shall be held responsible for the respective offences and shall be punished with the same penalties indicated in this Code for individual persons. Legal persons shall be liable in all cases in which, with their authorization or consent, their directors, managers, executives, representatives, administrators, officials or employees participate; in addition, when any of the following circumstances occur: When the criminal act is committed by the omission of control or supervision and the results are favorable to it. When the offence is committed by decision of the decision-making body. In all offences for which legal persons are liable and for which there is no penalty, a fine shall be imposed of from ten thousand dollars (US$10,000.00) to six hundred and twenty-five thousand United States dollars (US$625,000.00), or the equivalent in national currency. The fine shall be determined in accordance with the economic capacity of the legal person and shall be set taking into account the circumstances in which the offence was committed. In case of recidivism, the definitive cancellation of its legal personality will be ordered.
