Guatemala’s Constitution of 1985 with Amendments through 1993
Article 203. Independence of the Judicial Organ and the Power to Judge. Structure of the courts Justice is imparted in accordance with the Constitution and the laws of the Republic. The power to judge and to promote the execution of what is judged corresponds to the tribunals of justice. The other organs of [the] State must give to the tribunals the assistance they require for the fulfillment of their resolutions. The magistrates and judges are independent in the exercise of their functions and are subjected solely to the Constitution of the Republic and to the laws. Whoever attempts to undermine the independence of the Judicial Organ, in addition to the [application of the] penalties set by the Penal Code, [he or she] will be disqualified from exercising any public office. The jurisdictional function is exercised, with absolute exclusivity, by the Supreme Court of Justice and the other tribunals established by the law. No other authority will be able to intervene in the administration of justice.
Attorney General’s Office
Article 252. The Office of the Procurator General of the Nation [Procuraduría General de la Nación] has at its charge [cargo] the advisory and consultative activities for the state organs and entities. Its organization and functioning is regulated by its organic law. The Procurator General of the Nation exercises the representation of the State and is the Head of the Office of the Procurator General of the Nation. The Procurator General of the Nation will be appointed by the President of the Republic, who will also be able to remove him [or her] on account of a duly established justified cause. To be the Procurator General of the Nation, the candidate must be a collegiate lawyer and to have the same qualities corresponding to a magistrate of the Supreme Court of Justice. The Procurator General of the Nation will remain four years in the exercise of his [or her] functions and shall have the same privileges and immunities as the magistrates of the Supreme Court of Justice.