Abortion Law Guatemala

 

GUATEMALA. For the official law click Código Penal.

Background

Guatemalan law permits induced abortion only to save a woman's life

(Guatemala Penal Code Decree No. 17-73, Articles 133 and 137, 1999).  

 

CHAPTER III OF ABORTION CONCEPT


ARTICLE 133

Abortion is the death of the product of conception, at any time during the pregnancy.

 


ARTICLE 134: ATTEMPTED ABORTION

The woman who causes her abortion or consents to another person
to cause it, shall be punished with imprisonment from one to three years. If she was driven
by reasons intimately linked to her condition, undoubtedly produced by
psychic alteration, the penalty shall be from six months to two years of prison.

 


ARTICLE 135:
ABORTION WITH OR WITHOUT CONSENT

Who purposely causes an abortion shall be punished:

    1.
With imprisonment from one to three years, if the woman consented;
    2.
With imprisonment from three to six years if no consent was given from the woman;

If any violence was employed, or any threats or deception, the penalty shall be from four to eight years of prison.

 


ARTICLE 136:
QUALIFIED ABORTION


If the result of consensual abortion, or of consensual abortive maneuvers, is the death of the woman, the responsible will be
punished with imprisonment from three to eight years. In case of abortion or abortive maneuvers made without the consent of the woman results in the death of the latter, the offender shall be punished with imprisonment from four to twelve years.

 


ARTICLE 137: THERAPEUTIC ABORTION

An abortion performed by a doctor is not punishable, when a prior favorable diagnosis of at least an other doctor has been made, if it is done without the intention of directly seeking the death of the product of conception and with the sole purpose of
avoiding a danger, duly established, for the life of the mother, after exhausting all scientific and technical means.
 


ARTICLE 138: UNINTENTIONAL ABORTION

Who, by acts of violence thereby incur in abortion, without the intention to cause it purposely,
but jeopardizing the state of pregnancy of the victim, will be
punish with imprisonment from one to three years. If the act of violence consists in
injuries requiring higher sanctions, they will be applied by increasing them of one third.

 


ARTICLE 139: ATTEMPTED AND UNINTENTIONAL ABORTION

The women attempting to cause their own abortion or involuntarily having an abortion, are not going to be punished.
The involuntary abortion caused by another person shall be punished with imprisonment from one to
three years, provided that such person has prior knowledge of the pregnancy.

 


ARTICLE 140: AGGRAVATING SPECIFIC FACTOR

The doctor who, abusing his profession causes abortion or
cooperates in one, shall be punished with the penalties prescribed in Article 135, with a
fine of five hundred to three thousand quetzales, with disqualification to exercise its
profession from two to five years.
Same sanctions will be applied, if necessary, to practitioners or people with sanitary title, without prejudice of the relative offenses.

 

https://www.hsph.harvard.edu/population/abortion/Guatemala.abo.htm

http://www.lexadin.nl/wlg/legis/nofr/oeur/arch/gua/CodigoPenal.pdf