Related Rule
Guatemala
Practice Relating to Rule 100. Fair Trial Guarantees
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states: “Presumption of innocence. The institutions established by this Law and by other legal instruments must presume adolescents to be innocent unless their participation in the acts for which they are to be held responsible has been proven.” 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 147.
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states:
ARTICLE 154. Principle of the inviolability of the defence. Adolescents shall have the right to be assisted by counsel, from the beginning of the investigation until they are subjected to the sanction imposed on them.
ARTICLE 155. Rights to defence. Adolescents shall have the right to present the evidence and arguments necessary for his or her defence and to refute [evidence or arguments] when necessary.
ARTICLE 156. Principle of contradiction. Adolescents have the right to be heard, to present evidence, to interrogate witnesses and to refute counter-arguments. The latter shall be guaranteed by the intervention of counsel and the prosecutor. 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Articles 154–156.
The Law also states: “Counsel. From the beginning of an investigation and during the entire process, adolescents must be assisted by counsel and no testimony may be taken from them without the assistance of counsel.” 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 167.
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states: “The adolescent has the right to a free interpreter to assist him or her in all proceedings in which the interpreter’s presence is necessary and if the adolescent does not understand or speak the language used.” 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 143.
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states: “Under no circumstances may adolescents be prosecuted in absentia.” 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 155.
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states: “Right to refrain from testifying. No adolescent may be obliged to testify against him- or herself.” 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 149.
In 2003, in its fourth periodic report to the Committee against Torture, Guatemala stated:
The procedure for taking a statement from or interrogating the accused is clearly defined in the Code of Criminal Procedure (Decree No. 51-92), articles 81, 85, 86, 87, 88 and 90. Attention is drawn to the contents of article 85, according to which:
The accused shall not be placed under oath, but simply warned to speak the truth. He shall not be subjected to any form of coercion, threat or promise, except in the form of warnings as explicitly authorized under criminal or procedural law. No measures shall be used to compel, induce or oblige him to make a statement against his will and no charges or counterclaims shall be brought with the aim of obtaining a confession. 
Guatemala, Fourth periodic report to the Committee against Torture, 27 May 2005, UN Doc. CAT/C/74/Add.1, submitted 8 December 2003, § 106.
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states: “Non bis in idem principle. No adolescent may be prosecuted more than once for the same acts unless the legal qualification is modified or new evidence is brought forward.” 
Guatemala, Law on the Protection of Childhood and Adolescence, 2003, Article 150.