Scientists and Human Rights in Guatemala Report of a Delegation (1992) / Chapter Skim
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Appendix D: Guatemalan Judicial Procedure and the Mack Case
Appendix D: Guatemalan Judicial Procedure and the Mack Case
Pages 65-68
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From page 65... ...
INITIAL INVESTIGATION The first judiciary step taken in a murder investigation is a judicial recognition of the victim's body by a justice of the peace, who inspects the crime scene and the body for signs of violence and orders an autopsy. The case then passes to a criminal justice of the peace, who collects evidence during a 3-day period and passes the information on to a court of investigation.
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From page 66... ...
12. In early December 1991, Judge Ellguter went on vacation and the case was overseen briefly by Judge Oscar L6pez Lemus of the Sixth Court of Primera Instancia de Instruccion.
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From page 67... ...
Thus, the case was passed to Judge Victor Hugo Navarro Solares of the Juzgado Tercero de Primera Instancia Penal de Sentencia. THE INTERMEDIATE OR "ABRE A ,JUICIO" PHASE The abre a juicio phase theoretically lasts for 5 days, during which all parties have the opportunity to review the entire court file and examine existing evidence indicating guilt or innocence.
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From page 68... ...
According to Guatemalan judicial law, the Mack case will move into the appellate phase before a final decision is made on the case. THE APPELLATE PROCESS Either party can appeal the verdict to the appellate court of Segunda Instancia.
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