《保护被起诉人及与刑事司法有关人员法》对证人保护作了规定,其中规定了 《公约》所述的所有保护措施,由危地马拉保卫局执行。只有检察官可要求保 护可能成为证人或鉴定人的人员(《保护被起诉人及与刑事司法有关人员法》第 10 条)。访问期间,危地马拉正保护 540 名人员,其中 10%身处国外,但这些被保护人员中很少与腐败案件相关。 危地马拉尚未与其他国家就证人的国际移管缔结任何协定。《刑事诉讼法》第 5 条承认受害人获得有效司法保护的权利,《刑事诉讼法》第 117 条强制检察署在诉讼过程中听取受害人的意见。
Witness protection is regulated in the Act on the Protection of Prosecuted Persons and Persons connected with the Administration of Criminal Justice, which provides for all protection measures referred to in the Convention and is enforced by the Protection Service in Guatemala. Only the prosecutor may request the protection of a person who could become a witness or expert (art. 10 of the Act on the Protection of Prosecuted Persons and Persons connected with the Administration of Criminal Justice). At the time of the visit, Guatemala was protecting 540 persons, of whom 10 per cent were abroad, but few of the protected persons were connected with corruption cases. Guatemala has not concluded any agreements with other States for the international relocation of witnesses. Article 5 of the Code of Criminal Procedure recognizes the right of victims to effective judicial protection, and article 117 of the Code of Criminal Procedure obliges the Prosecutor’s Office to hear their opinions during the proceedings