Criminology, Criminalistics and Victimology As Auxiliary Sciences of The Criminal Process

RAFAEL LANDÍVAR UNIVERSITY
FACULTY OF SOCIAL AND LEGAL SCIENCES

DEGREE IN CRIMINAL AND FORENSIC INVESTIGATION
"CRIMINOLOGY, CRIMINALISTICS AND VICTIMOLOGY AS
AUXILIARY SCIENCES OF THE GUATEMALAN CRIMINAL PROCESS."

MONOGRAPH
PABLO ANDRÉS AVILA RODAS

CARD 22340-14
QUETZALTENANGO, JANUARY 2020

QUETZALTENANGO CAMPUS
RAFAEL LANDÍVAR UNIVERSITY
FACULTY OF SOCIAL AND LEGAL SCIENCES
DEGREE IN CRIMINAL AND FORENSIC INVESTIGATION

MONOGRAPH
WORK PRESENTED TO THE COUNCIL OF THE FACULTY OF

LEGAL AND SOCIAL SCIENCES
BY
PABLO ANDRÉS AVILA RODAS
PRIOR TO BEING CONFERRED

THE TITLE AND ACADEMIC DEGREE OF BACHELOR IN CRIMINAL AND FORENSIC
INVESTIGATION
QUETZALTENANGO, JANUARY 2020

QUETZALTENANGO CAMPUS
AUTHORITIES OF THE RAFAEL LANDÍVAR UNIVERSITY
RECTOR: Q. MARCO TULIO MARTÍNEZ SALAZAR, S. J.
ACADEMIC VICE-RECTOR: MGTR. LESBIA CAROLINA ROCA RUANO
VICE-RECTOR OF LIC. JOSÉ ALEJANDRO ARÉVALO ALBUREZ
RESEARCH AND
PROJECTION:
VICE-RECTOR OF Q. LUIS CARLOS TORO HILTON, S. J.
UNIVERSITY INTEGRATION:
VICE-RECTOR MGTR. JOSÉ FEDERICO LINARES MARTÍNEZ
ADMINISTRATIVE:
GENERAL SECRETARY: LIC. FABIOLA DE LA LUZ PADILLA BELTRANENA
AUTHORITIES OF THE FACULTY OF LEGAL AND SOCIAL SCIENCES
DEAN: DR. HUGO ROLANDO ESCOBAR MENALDO
VICE DEAN: MGTR. HELENA CAROLINA MACHADO CARBALLO
SECRETARY: LIC. CHRISTIAN ROBERTO VILLATORO MARTÍNEZ
NAME OF GRADUATION JOB ADVISOR

LIC. FRANCISCO RUBEN COTTON
TERNA THAT PRACTICED THE EVALUATION

DR. RAÚL ESTUARDO LÓPEZ RODRÍGUEZ
QUETZALTENANGO CAMPUS AUTHORITIES
CAMPUS DIRECTOR: Q. MYNOR RODOLFO PINTO SOLIS, SJ
DEPUTY ACADEMIC DIRECTOR: MGTR. NIVIA DEL ROSARIO CALDERÓN
DEPUTY DIRECTOR OF MGTR. MAGALY MARIA SAENZ GUTIERREZ

UNIVERSITY INTEGRATION:
DEPUTY ADMINISTRATIVE MGTR. ALBERTO AXT RODRIGUEZ

DIRECTOR:
DEPUTY DIRECTOR OF GENERAL MANAGEMENT:
MGTR. CÉSAR RICARDO BARRERA LÓPEZ
Lie. Francisco Rubén
Cotton
(University
“ Rafael Landívar
Jesuit Tradition in Guatemala
Quetzaltenango, August 16, 2019
Mgtr. Nelly Betzabé De León Reyes

Area Coordinator of the Faculty of Legal and Social Sciences Rafael Landívar University
Quetzaltenango Campus
Respectable Graduate:
I am attentively writing to you, with the aim of rendering a FAVORABLE OPINION, on the thesis
work developed by the student: PABLO ANDRÉS ÁVILA RODAS, who identifies himself with card number
22340-14 in compliance with the resolution issued by coordination, through which I am appointed as advisor
of the thesis titled: “Criminology, Criminalistics and Victimology as auxiliary sciences of the
Guatemalan Criminal Process”, a monographic work that brings together the necessary qualities for this
type of research. Modern criminal investigation entails the principle of specialization, that is, the investigator
orients his preparation and knowledge towards a certain branch or typology of crimes, so that the justice
system achieves greater effectiveness, the research work of the student AVILA RODAS, precisely it gives a
technical-scientific approach to criminological, criminalistic and victimological sciences as transversal axes to
all criminal investigation, which together provide that scientific level to arrive at rulings of legal certainty, and
having been carried out with the methodology requested by the Rafael Landívar University , it is advisable to
continue with the respective review procedures.
Without further ado I subscribe to you.
Lie. Francisco Rubén Cotton

LAWYER AND NOTARY
Lie. Francisco/Rubén Cottón

Adviser
/ © 4125-2264 aneisó
cotton@yahoo.com
Alley 8.0-43 zone 7
4th Level Shalon Building
f University ^ Rafael FACULTY OF SOCIAL AND LEGAL SCIENCES
Land ívar Tradlicón Jesuit in Guatemala

No. 072348-2019
Print Order
According to the approval of the Evaluation of the Graduation Project in the Monograph variant of the
student PABLO ANDRÉS AVILA RODAS, Card 22340-14 in the BACHELOR'S DEGREE IN
CRIMINAL AND FORENSIC INVESTIGATION, from the Quetzaltenango Campus, which appears in
Minute No. 07720-2019 dated November 20, 2019, the digital printing of the work titled:
Prior to being conferred the title and academic degree of DEGREE IN CRIMINAL AND FORENSIC
INVESTIGATION.
Given in the city of Guatemala de la Asunción, on the 22nd day of the month of January of the year
2020,
LEGAL AND SOCIAL SCIENCES

Rafael Landívar University
Index
P.
PABLO ANDRÉS AVILA RODAS.................................................................................1
AUTHORITIES OF THE RAFAEL LANDÍVAR UNIVERSITY..................................3
AUTHORITIES OF THE FACULTY OF LEGAL AND SOCIAL SCIENCES.............3
TERNA THAT PRACTICED THE EVALUATION.......................................................3
QUETZALTENANGO CAMPUS AUTHORITIES........................................................4
“ Rafael Landívar..........................................................................................................................5
Lie. Francisco Rubén Cotton....................................................................................................5
Print Order.............................................................................................................................6
Summary.........................................................................................................................14
INTRODUCTION.............................................................................................................1
CHAPTER I......................................................................................................................5
1. CRIMINOLOGY.......................................................................................................5
1.1 Definition................................................................................................................5
1.2 Background of Criminology...................................................................................6
1.3 Importance of Criminology....................................................................................7
1.4 Factors that influence criminal behavior................................................................8
1.5 Object of Criminology..........................................................................................10
1.5.1 The crime..........................................................................................................10
1.5.2 The offender......................................................................................................11
1.5.3 The victim.........................................................................................................11
1.5.4 The social control of deviant or criminal behavior...........................................12
1.6 Methodology applied to Criminology.......................................................................12
1.7 Criminological profile as a tool of Criminology.......................................................15
1.7.1 Types of criminal profiles.................................................................................15
a. Profile of known aggressors or inductive method:..................................................15
b. Profile of unknown aggressors or deductive method:..............................................16
1.7.2 Profile methodology...............................................................................................16
a. Crime scene..............................................................................................................16
b. Geographic profile...................................................................................................17
c. Modus operandi........................................................................................................18
d. The signature............................................................................................................18
e. Victimology.............................................................................................................19
1.8 Criminal Policy..........................................................................................................20
1.8.1 End of criminal policy......................................................................................21
1.8.2 Object of criminal policy........................................................................................22
CHAPTER II...................................................................................................................22
2. CRIMINALISTICS..................................................................................................22
2.1 Definition..............................................................................................................23
2.2 Origin and evolution of Criminalistics.................................................................25
2.3 Purpose of Criminalistics.....................................................................................27
2.4 Seven determining questions of Criminalistics....................................................28
2.5 Objectives of Criminalistics.................................................................................28
2.5.1 Material objective.............................................................................................28
2.5.2 General objective..............................................................................................29
2.5.3 formal objective................................................................................................29
2.6 Classification of Criminalistics............................................................................30
2.7 Auxiliary sciences, disciplines and expert laboratories related to criminology...31
2.8 Difference between Criminalistics and Criminology...........................................32
2.9 Principles of Criminalistics..................................................................................33
2.10.1 Crime scene......................................................................................................33
2.10.2 Parts of the crime scene....................................................................................35
2.11 Importance of research.........................................................................................35
2.12 Crime scene contamination..................................................................................36
2.13 Scientific method in Criminalistics......................................................................37
• Duly proven principle (Possible solution) ‖. 48.........................................................39
2.14 Criminalistics Science applied in the Guatemalan Criminal Process...................39
CHAPTER III..................................................................................................................40
3.1 Definition..............................................................................................................40
3.2 Victim...................................................................................................................41
3.2.1 Victim Classes..................................................................................................43
3.2.2 Victims according to people.............................................................................43
3.2.3 Victim according to guilt..................................................................................44
3.3 Victimization........................................................................................................44
3.4 Vulnerability Factors............................................................................................45
3.5 Victim care protocols...........................................................................................47
3.6 Victim assistance offices......................................................................................47
3.7 Comprehensive care model (MAI).......................................................................49
3.7.1 Victims of violence assisted by MAI................................................................51
Chart No. 1......................................................................................................................54
3.8 Victim care route..................................................................................................55
First contact.....................................................................................................................56
3.9 Derivation Network..............................................................................................58
3.10 Restorative Justice................................................................................................58
CHAPTER IV..................................................................................................................59
4.1 Definition..............................................................................................................59
4.2 Purposes of the Guatemalan Criminal Process.....................................................60
4.2.1 General Purposes of the Guatemalan Criminal Procedure...............................61
a. Mediate purposes.....................................................................................................62
b. Immediate purposes.................................................................................................62
4.2.2 Specific purposes of the Guatemalan Criminal Process...................................62
4.3 Phases of the Criminal Process and application of Auxiliary Sciences...............63
4.3.1 Preparatory or research phase...........................................................................63
4.3.2 Intermediate Procedure Phase...........................................................................63
4.3.3 Oral Trial or Debate Phase................................................................................63
4.3.4 Challenges Phase..............................................................................................64
4.3.5 Execution Phase................................................................................................64
4.3.6 Dignified Repair Phase.....................................................................................64
CHAPTER V...................................................................................................................66
5. PRESENTATION AND DISCUSSION OF RESULTS.........................................66
CONCLUSIONS.............................................................................................................80
RECOMMENDATIONS................................................................................................82
REFERENCES................................................................................................................82
Bibliographical................................................................................................................82
Electronics.......................................................................................................................86
Regulations......................................................................................................................86
ANNEXES......................................................................................................................87
1.1.1
1.1.2 Formal objective……………………………………………………………….. 32
1.2 Classification of Criminalistics……………………………………………… 33
1.3 Ancillary sciences, disciplines and related expert laboratories
AUTHORITIES OF THE RAFAEL LANDÍVAR UNIVERSITY..................................3
AUTHORITIES OF THE FACULTY OF LEGAL AND SOCIAL SCIENCES.............3
TERNA THAT PRACTICED THE EVALUATION.......................................................3
QUETZALTENANGO CAMPUS AUTHORITIES........................................................4
“ Rafael Landívar..........................................................................................................................5
Lie. Francisco Rubén Cotton....................................................................................................5
Print Order.............................................................................................................................6
Summary.........................................................................................................................14
INTRODUCTION.............................................................................................................1
CHAPTER I......................................................................................................................5
1. CRIMINOLOGY.......................................................................................................5
1.1 Definition................................................................................................................5
1.2 Background of Criminology...................................................................................6
1.3 Importance of Criminology....................................................................................7
1.4 Factors that influence criminal behavior................................................................8
1.5 Object of Criminology..........................................................................................10
1.5.1 The crime..........................................................................................................10
1.5.2 The offender......................................................................................................11
1.5.3 The victim.........................................................................................................11
1.5.4 The social control of deviant or criminal behavior...........................................12
1.6 Methodology applied to Criminology.......................................................................12
1.7 Criminological profile as a tool of Criminology.......................................................15
1.7.1 Types of criminal profiles.................................................................................15
a. Profile of known aggressors or inductive method:..................................................15
b. Profile of unknown aggressors or deductive method:..............................................16
1.7.2 Profile methodology...............................................................................................16
a. Crime scene..............................................................................................................16
b. Geographic profile...................................................................................................17
c. Modus operandi........................................................................................................18
d. The signature............................................................................................................18
e. Victimology.............................................................................................................19
1.8 Criminal Policy..........................................................................................................20
1.8.1 End of criminal policy......................................................................................21
1.8.2 Object of criminal policy........................................................................................22
CHAPTER II...................................................................................................................22
2. CRIMINALISTICS..................................................................................................22
2.1 Definition..............................................................................................................23
2.2 Origin and evolution of Criminalistics.................................................................25
2.3 Purpose of Criminalistics.....................................................................................27
2.4 Seven determining questions of Criminalistics....................................................28
2.5 Objectives of Criminalistics.................................................................................28
2.5.1 Material objective.............................................................................................28
2.5.2 General objective..............................................................................................29
2.5.3 formal objective................................................................................................29
2.6 Classification of Criminalistics............................................................................30
2.7 Auxiliary sciences, disciplines and expert laboratories related to criminology...31
2.8 Difference between Criminalistics and Criminology...........................................32
2.9 Principles of Criminalistics..................................................................................33
2.10.1 Crime scene......................................................................................................33
2.10.2 Parts of the crime scene....................................................................................35
2.11 Importance of research.........................................................................................35
2.12 Crime scene contamination..................................................................................36
2.13 Scientific method in Criminalistics......................................................................37
• Duly proven principle (Possible solution) ‖. 48.........................................................39
2.14 Criminalistics Science applied in the Guatemalan Criminal Process...................39
CHAPTER III..................................................................................................................40
3.1 Definition..............................................................................................................40
3.2 Victim...................................................................................................................41
3.2.1 Victim Classes..................................................................................................43
3.2.2 Victims according to people.............................................................................43
3.2.3 Victim according to guilt..................................................................................44
3.3 Victimization........................................................................................................44
3.4 Vulnerability Factors............................................................................................45
3.5 Victim care protocols...........................................................................................47
3.6 Victim assistance offices......................................................................................47
3.7 Comprehensive care model (MAI).......................................................................49
3.7.1 Victims of violence assisted by MAI................................................................51
Chart No. 1......................................................................................................................54
3.8 Victim care route..................................................................................................55
First contact.....................................................................................................................56
3.9 Derivation Network..............................................................................................58
3.10 Restorative Justice................................................................................................58
CHAPTER IV..................................................................................................................59
4.1 Definition..............................................................................................................59
4.2 Purposes of the Guatemalan Criminal Process.....................................................60
4.2.1 General Purposes of the Guatemalan Criminal Procedure...............................61
a. Mediate purposes.....................................................................................................62
b. Immediate purposes.................................................................................................62
4.2.2 Specific purposes of the Guatemalan Criminal Process...................................62
4.3 Phases of the Criminal Process and application of Auxiliary Sciences...............63
4.3.1 Preparatory or research phase...........................................................................63
4.3.2 Intermediate Procedure Phase...........................................................................63
4.3.3 Oral Trial or Debate Phase................................................................................63
4.3.4 Challenges Phase..............................................................................................64
4.3.5 Execution Phase................................................................................................64
4.3.6 Dignified Repair Phase.....................................................................................64
CHAPTER V...................................................................................................................66
5. PRESENTATION AND DISCUSSION OF RESULTS.........................................66
CONCLUSIONS.............................................................................................................80
RECOMMENDATIONS................................................................................................82
REFERENCES................................................................................................................82
Bibliographical................................................................................................................82
Electronics.......................................................................................................................86
Regulations......................................................................................................................86
ANNEXES......................................................................................................................87
List of Abbreviations
DNA Deoxyribonucleic acid

CP Penal Code
CPP Criminal Procedure Code
CPRG Political Constitution of the Republic of Guatemala
Human Human rights
Rights
DEIC Specialized Criminal Investigation Division
DICRI Criminal Investigations Directorate
GPS Global Positioning System
Global)
INACIF National Institute of Forensic Sciences
MAI Comprehensive Care Model
M.P. Public ministry
OAV Victim Assistance Office
O.J. Judicial system
PDH Human Rights Ombudsman
PGN Attorney General's Office
PINEAPPLE Law on Comprehensive Protection of Children and
Adolescents
PNC Civil national police
UPS Comprehensive Care System
SICOMP Information System of the Public Ministry
URE Evidence Collection Unit
VET Violence, Exploitation and Human Trafficking
Summary
The auxiliary sciences of Law such as Criminology, Criminalistics and Victimology

provide tools for the correct development of the Criminal Process, providing relevant
aspects in the investigation that is carried out and scientific evidence that strengthens
the process and allows the correct application of justice, seeking that be objective and
impartial.
Within the Criminal Process, the criminal investigation focuses on the collection of
evidence about an act that can be considered a crime and the way in which it could
have been committed, as well as the possible participation of the accused, the
reasons he had for committing the act. illegal act and the damage it could cause or
caused to the victim.
To carry out all this, Criminal Law uses Criminology, Criminalistics and Victimology,
and determines their field of action for their correct application. The Criminal Process
relies on them to apply justice based on scientific conviction and not on presumption,
since they clarify the facts and circumstances of the crime and determine the condition
suffered by the victim due to the damage caused.
The main objective of this thesis being to determine the differences between the
auxiliary sciences of Criminology, Criminalistics and Victimology and their
incorporation into the Guatemalan Criminal Process, it is determined that they are
currently applied in the Guatemalan Criminal Process, from the introductory acts to
the issuance of sentences and their execution. They also provide relevant information
that is used for the development of public policies in relation to crime prevention.
INTRODUCTION
The State of Guatemala has consolidated laws, doctrines, principles and institutions
for adequate coexistence among its inhabitants, having the responsibility of protecting
and safeguarding the rights that assist them, embodied in the Political Constitution of
the Republic of Guatemala. In this way, the Penal Code establishes all those atypical
behaviors that can be considered a crime and that cause harm to the person who
receives them. Given this, it is necessary to analyze the aspects that occur in a crime,
which is why Criminal Law is assisted by auxiliary sciences of Law such as
Criminology, Criminalistics and Victimology that provide their tools for the correct
development of the Criminal Process, providing from their specialty, data that
strengthens investigations and thus obtains results that allow the correct application of
justice.
The research developed entitled "Criminology, Criminalistics and Victimology as

auxiliary sciences of the Guatemalan Criminal Process", has as general objective to
determine the field of action of Criminology, Criminalistics and Victimology as auxiliary
sciences of the Guatemalan Criminal Process, establishing three specific objectives
herein. research they are; First: Determine the difference between Criminology and
Criminalistics in the field of action. Second: Establish the importance of Victimology in
the Guatemalan Criminal Process and third: Describe the relationship that the auxiliary
sciences of Guatemalan Criminal Law have within the Criminal Process.
The following question was raised for the development of this research: Is there a
difference between Criminology, Criminalistics and Victimology as auxiliary sciences
of Criminal Law, in the application of the Guatemalan Criminal Process?, which will be
answered based on the information obtained in the study and documentary analysis
carried out.
The study framework in which this investigation will focus is within the Guatemalan
1
Criminal Process, said study will be developed in the department of Quetzaltenango
and municipality of Quetzaltenango, covering a temporal scope of analysis, when it
began and how the auxiliary sciences of Criminology, Criminalistics and Victimology
within the Criminal Process, to the present. Having found as limitations of the study,
the lack of knowledge of the administrators of justice, of the correct incorporation of
the auxiliary sciences described within the criminal process and the little information
that is made known, about the application of each auxiliary science within the same
process. The present research aims to make a contribution within the science of
forensic investigation, to facilitate the work of justice operators, forensic experts in
their different specialties, personnel assigned to justice institutions, prosecutors and
judges so that they can make a correct application of auxiliary sciences within the
Criminal Procedure, incorporating their knowledge at the appropriate procedural
moment, in such a way that it is a guarantor of the administration of justice and the
rights that assist the procedural parties. All of the above for the benefit of forensic
investigation and the correct use of the tools and knowledge that sciences provide
auxiliaries as Criminology,
Criminalistics and Victimology, in the development of the Guatemalan Criminal
Process.
The subjects of the investigation are Judgesof the Criminal Sentencing Court of
Judicial system, Fiscal Agents of the Ministry Public and Technicians in
Investigations I DICRI Public Ministry. Using the Political Constitution as units of
analysis of the Republic of Guatemala, the Code Criminal, the Code
Criminal Procedure, the auxiliary sciences of Criminal and Forensic Investigation:
Criminology, Criminalistics and Victimology, using a semi-structured interview as an
instrument.
For the development of this investigative study, it was necessary to carry out a
doctrinal analysis and a documentary reading of topics related to the object of study,
and then proceed to synthesize and prepare each of the chapters that will support this
2
investigation, developing as follows :
Chapter I , contains general concepts about Criminology, as a science that focuses

on the study of human beings and their social relationships, provides a reference to
the historical background of criminology, the importance of science, as well as the
factors that influence the behavior of the criminal, establishing its own characteristics
that allow criminological profiling through an appropriate methodology so that public
policies can subsequently be carried out in relation to crime prevention.
Chapter II describes the science of Criminalistics, which uses investigation methods

and techniques and tries to explain through scientific procedures the phenomenon that
produced the criminal act as well as its author. It describes its origin and evolution,
establishes its purpose through the seven determining questions of Criminalistics, the
objectives it pursues in a material, general and formal way and will guide what to do
criminalistics to obtain specific results that will later be incorporated. In the Criminal
Procedure, the classification of Criminalistics and the principles that govern it are
described.
Chapter III , exposes what is related to the auxiliary science of Victimology, presents
the types of victims, the importance of victimization in its three phases, the
vulnerability factors, the protocols developed for the care of victims and the different
models of care. created for their attention. It describes the care route, the importance
of referral networks as a complement to comprehensive care and what refers to
restorative justice.
Chapter IV explains the phases of the Guatemalan criminal process and the way in
which it is supported by the auxiliary sciences of Law, these being Criminology,
Criminalistics and Victimology that occur in different scenarios as support for the
investigation, determination of criminal conduct and comprehensive assistance to
victims for their recovery from the damage caused.
3
Chapter V presents the discussion of results, important to provide support for the
thesis work developed. Each of the responses provided by the Law and Criminal
Investigation professionals consulted are described, where it is established that
although they know the terminology consulted, they do not establish a clear
differentiation between the auxiliary sciences of law and do not specifically describe
what the field is. of action, although it is determined that they do use them in their jobs.
However, to clarify these ideas and point out the use of the auxiliary sciences of the
Guatemalan Criminal Procedure, a comparison table is presented that describes the
work of each of the auxiliary sciences, determining its object of study, purpose,
methodology used, field of action, differences, importance and application within the
Criminal Process.
4
CHAPTER I
1. CRIMINOLOGY
The term Criminology has different meanings that allow us to consider the importance
of its application in the branch of Criminal Law, since it is a science that explains the
antisocial behaviors that subjects present by diverting their behavior into acts that
according to the norm can be considered illegal. and some constituting a crime.
According to Manzanera, criminology "is conceived as a synthetic science, both

natural and social and not legal, with a preventive purpose, which is reached through
the study of crime and the criminal, with a method of observation and experimentation,
it is That is, we find the elements science, synthesis, method, empiricism and object. 3
Here lies the importance of the study of criminal behavior and crime, because their
study aims to predict acts that can subsequently be prevented and corrected, to
achieve better interpersonal and social coexistence.
1.1 Definition
Among the different meanings proposed for the term Criminology, is the one proposed
by Göppinger, who states that “It is an empirical and interdisciplinary science. It deals
with the circumstances of the human and social sphere related to the emergence,
commission and avoidance of crime, as well as the treatment of violators of the Law.‖ 4
With the above, it can be said that Criminology is a science that focuses on the study
of human beings and their social relationships, giving special importance to events
that alter the social order and that may constitute a crime, which is why it is concerned
with their avoidance and the study of the causes that originate it.
Likewise, Plata also mentions that ―Criminology is the science that studies the social
fact that constitutes crime, and does so from a strategic and sociological approach.
Although his analysis is based on the scientific method – that is, it is objective –, he is
also interested in studying the perpetrators of particularly serious crimes, such as
3 Rodríguez Manzanera, Luis, Criminology, 2nd. ed., Mexico, Edit. Porrúa, SA 1981. P. 5.
4 Göppinger, Hans, Criminology, Spain, Edit. REUS, SA, 1975, page 1.
5
serial killers or multiple homicides.‖5 Under this approach, Criminology takes as its
central axis the study of the criminal to determine what causes criminal or criminal
behavior in the subject, dedicating itself to establishing the causes that motivate them
to develop these behaviors, clarifying how this can transform their environment and
society. in which it develops.
Criminology is a science that aims to make known the parts that make up the crime,
covering the behavior of the criminal and the effects it causes on society, in order to
predict and prevent events of the same type.
1.2 Background of Criminology

The history of Criminology has developed since various times, covering the evolution
and advances within science, reaching the development of theories that support it
today with a scientific basis, clarifying facts of the past and predicting future acts,
since it has been considered that past experience leaves learning for the prevention of
future situations.
As described by the great exponents of Criminology; The causes of crime were of an

individual or endogenous nature that occurred within the person, whether due to
psychological, physical or social causes, and were also influenced by exogenous
factors that intervene in it, such as the family, education, the economy, among
others. .
The contemporary perspective draws a line where criminalization begins with the
person who develops the norm, then with the person who applies it; in this case by the
administrators of justice, then it goes through those who apply the norm or
penitentiary systems where its functionality is put into consideration.
The end of criminal evolution lies from its origins in:
•
•
Prevent it
•
Explain it
Control it
5 Plata Luna, America, Criminology, Criminalistics and Victimology, Mexico, Edit. Oxford, 2007. P. 1.
6
From here different theories of criminality arise, such as Lombroso's, which talks
about the theory of the born criminal and other classifications, leaving aside religious
theories such as those proposed by the Catholic Church, which had a great influence
on criminological interpretation.
We can thus speak of Criminology from the 19th century onwards, where crime is
studied as a social phenomenon, going through different periods, theories and schools
such as those cited by Castell L., Gómez P, and others:
a. ―Physiognomy and phrenology‖6 ; applies the terms good to people with

pleasant aesthetic characteristics and bad to those lacking expressions of art
considered ugly or horrible.
b. ―The Cartographic or Moral Statistical School‖7 ; school that analyzes the
periods in which criminal phenomena occur. In the country of France, they relate
crime, sex, age and profession with economic level, race and climate to
determine how linked these can influence criminal behavior. Analyzes causes,
periodicity and frequency in which the crime occurs.
1.3 Importance of Criminology

The importance of this lies in the search carried out from biological causes to social
causes, depending on the perpetrator and the damage caused to the victim and
collateral by criminal behavior. Silver; states that ―Currently, this discipline is
concerned with improving and making criminal procedures fairer, as well as
collaborating – with the police and the bodies in charge of administering justice – in
the prevention and control of crime.8 If this assumption is met, it will be reflected in the
results or resolutions that are promulgated in relation to the criminal process.
This is how it is also questioned and answered: "What is the reason for the great
importance that criminology has acquired?... because human beings seek, in general,
to live in peace and cordiality." First, they want a just and orderly country, where the
laws are respected and people live in safety; Only in this way can they enter into
6 Casell López, Magaly and others, Criminology, Cuba . Edit Felix Varela, 2005. P. 60.
7loc. cit.
8Silver Moon, America. or p. cit., p. 1
7
relationships with other nations that respect them in the same way.‖ 9 It is in itself a
clear objective that Criminology seeks, to avoid events that alter social peace and that
transcend other nations, affecting the coexistence and interpersonal relationships of
the subjects that make up different groups such as family, work, social and/or or
cultural.
Criminology is a science of social order; which studies the nature, scope and factors
by which crimes originate, the detection and punishment of criminals, as well as the
reintegration plans for prisoners, proposed for prison centers.
1.4 Factors that influence criminal behavior

Behavior is influenced by various situations that arise throughout life, so the
environment, culture, family, education, society, among others, shape it, so it can
influence in different ways. in each individual.
Göppinger considers that ―Criminology is only at the beginning of realizing its task of
encompassing the offender in his social interdependencies as a unit. Social relations
always depend on society, and the social structure, for its part, is subject to
continuous change to a much greater extent than the basic structure of man.‖ 10 The
influence that society and its environment causes on the behavior of individuals is
then noted, where bad factors will negatively influence their behavior, which may lead
to criminal acts.
He goes on to say that “The search for the physical cause of crime did not begin with
Lombroso nor did it end with the refutation of “atavism” as a synonym for ordinary
congenital criminality. Time and again, a sign of illness is sought in criminals, and the
verification of any (physical) irregularity in a criminal is almost always immediately
recorded by the press. Real knowledge about this is minimal, and to date it is not
possible to make generalized statements. The partial results – mostly obtained
casuistically – are extraordinarily heterogeneous in terms of the accuracy of the
observations, the reliability of the diagnoses on which they are based, the
9ibid. , Page 4.
10 Göppinger, Hans. op. cit., p. 147
8
methodological principles and, not least, in terms of the theoretical framework of
reference. However, sometimes, some casual results are immediately converted into
ambitious theses.‖11 It is then established that the study of the causes of crime is not a
recent development, since different hypotheses about the causes of crime have
previously arisen, but none have been concrete, they have only been investigated
over time in order to predict these behaviors in the future. This is where the need
arises to be able to establish parameters that reliably indicate the factors that
influence the offender to commit a crime.
Göppinger states that ―The main approaches to the disease-crime relationship
essentially cover the following problems: How important are diseases in the large
volume of total crime? Are there indications that a large proportion of those who
commit crimes, particularly repeat offenders, are sick? Isn't crime itself a special form
of disease, which would collapse the entire edifice of the Criminal Law of guilt?
Although empirical research has so far failed to confirm the last two questions, it
would be wrong to render them completely irrelevant. Nor a reference to sociological
interpretations of criminal events, such as, v. gr., ―crime as a normal social
phenomenon‖ or ―crime as learned behavior‖ provides a solution. It would be wrong
to think that these theories and interpretations, despite (or even precisely because of)
their evidence, are more empirically accredited than previous statements and
interpretations, which started from the disease. In any case, alleged somatic
abnormalities, such as, e.g. For example, anomalies of the skull, can be verified more
easily and accurately than alleged social interaction complexes. 12 It is then understood
that criminal behaviors will not always have a mental or psychological etiology, since
they can also be physical. As a result, it is not possible to generalize about the causes
of crime, but rather several must be analyzed. factors that are around the criminal or
criminals to accurately determine what the motives or motives for a particular crime
are.
He also mentions that "Sometimes it is assumed that those who commit crimes suffer
from certain diseases much more frequently, and that they come to commit crimes as
a result of the impairments caused by these diseases, so that the disease could act as
11ibid ., p. 150.
12loc. cit.
9
a criminogenic factor."13 In this case, disorders caused by diseases cannot be taken
into account as a determining factor, since as has been said, these are influenced by
various factors, which causes different types of Criminology to emerge in order to
clarify each of the aspects that influence in criminal behavior and its various forms of
presentation.
1.5 Object of Criminology
Criminology is a science that has clear points of focus and study to explain the
criminal phenomenon, its various components such as:
•
•
HeCrime
•
He Offender
•
The Victim
HeSocial Control
Factors studied individually to clarify the relationship that is formed between both and
the result of the interaction that occurs in them, also analyzed as social control both
preventively and repressively; All of the above can influence the birth of criminal
behavior.
On the classification under study in criminology, Vigara G., Fernández V. and others
state:
1.5.1 The crime

―The word crime derives from the Latin ―delinquere‖ which means to abandon, to
deviate from the good path, to move away from the path marked by the law. It is that
human behavior that, in the opinion of the legislator, is in contradiction with the
purposes of the State and requires a (criminal) penalty as a sanction. In this
sense, crime is any act
voluntary human being that adapts to the legal budget of a criminal law.......... Crime is
a human fact, it appears with man, and will disappear with him. Crime is to man as
disease is to him. The concept of crime changes with the evolution of society and
culture, it is temporally and spatially relative, circumstantial. That is, it changes
13ibid. , P. 151.
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according to time and culture."14 This is how the concept of crime is presented from
various points of view, to conclude that it is a human act that is committed voluntarily
by the person who performs it and that evolves over time and with culture, which is It
stops with a penalty or sanction, seeking to stop and prevent it through the study and
analysis of its consequences in societies.
1.5.2 The offender

―Person who commits a crime on a regular basis (criminologically speaking, an
occasional or “crisis” offender is not a criminal)........... For the Classical School of
Criminal Law, the criminal is a normal person who misuses his freedom; However,
for LOMBROSO, FERRI AND GARÓFOLO, the criminal is a person with biological or
psychological anomalies that drive him to commit a crime. That is, he is a
psychophysical, anthropological and qualitatively different person from non-criminal
people.......................................................................... The criminal is a poorly
educated and weak-willed person, the result of a bad education. Therefore, the
penalty should consist of a second education aimed at correcting him In this
order of things, we come to the conclusion that the criminal is a normal person
although, obviously, there are abnormal criminals, just as there are abnormal people
who do not commit crimes.15 It is important to distinguish these aspects raised in
advance since the criminal can be, due to various circumstances, whether physical,
psychological, family relationship, social or cultural, which with his behavior lead him
to commit a crime and deviate from the current legal system of the country. ,
established by each State for good coexistence between its inhabitants.
1.5.3 The victim

―The victim plays a predominant role. It is one who suffers evil, in her person,
property or rights, through no fault of her own. The victim is objectively injured in his or
her legally protected property and subjectively feels this injury with disgust or pain.
That is, it is that physical or legal person who suffers damage caused by his or her
own or another's antisocial behavior, even if he or she is not the holder of the violated
right. Therefore, from a criminological point of view, the victim is not only understood
14 Vigara García, José and others, Manual of Criminology for Judicial Policy, Spain, Edit. DYKINSON,
SL 2011. P. 31.
15ibid., p. 35
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as the person who directly suffers the harm, but also the people closely close to him
or her, such as family members, the spouse, etc.‖ 16 It is thus determined that just as
there is a classification on the types of criminals, there are classifications on the types
of victims which were made in relation to biological, psychological and social factors
immersed in two general divisions such as: endogenous factors and exogenous
factors.
It must be taken into account that not only the first person victim is the one who
suffers the damage, the collateral damage suffered by other people with a connection
to the main victim must also be addressed.
1.5.4 The social control of deviant or criminal behavior

―As KAISER states, social control is understood as the set of institutions, strategies
and social sanctions that aim to promote and guarantee the subjection of the
individual to community models and norms.
Criminology, from such points of view, must guide the holders of "social control" in
pointing out the factors of social integration in accordance with personal freedom and
the principle of equal opportunities, to enhance them, and in indicating their
dysfunctions to mitigate or neutralize them as much as possible.
At one point in their lives, men renounce the state of nature in which they found
themselves to associate with other men, forming groups, perhaps, in search of
security. 17
Thus, States are committed to creating criminal policies that keep criminal acts under
control without violating the human rights of the entire population. Committing citizens
to improve their actions and put into practice ethical and moral values that direct their
behavior to maintain social order.
1.6 Methodology applied to Criminology

It refers to the techniques or instruments that will be used to study the causes that
have produced the criminal act, taking into account that they may be due to various
16ibid., p. 38
17ibid., p. 43.
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factors such as: biological, psychological and social mainly, which at the same time
may be linked to other factors. such as the environment in which it operates,
education, culture, economic level and work.
The fundamental methods on which criminal investigation is based are:
• The criminological interview; which is done to know the subject directly.
• The medical examination; It consists of the physical and historical review of the
subject's health.
•
•
The psychological examination; collects data about personality.
The social survey; determines the environment where the subject develops.
The application of these techniques will allow comprehensive knowledge of the

subject, supported by complementary methods of direct observation provided by
people who have contact with the subject under study, and indirect observation, which
is data obtained through records, cameras, photographs, videos or recordings and by
psychiatric, psychological and sociological examinations which complement the study.
By using this methodology, the origin of the subject's criminal behavior can be known,
to develop a treatment for his or her case and give a prognosis for his or her social
reintegration.
Three times are thus determined to apply this clinical-criminological process or

method, to which Oliva R. and Robles G. refers:
a. Diagnosis: ―It is to specify the degree of danger of the particular subject.............

The traits that constitute the central core of the criminal personality would be the
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b. egocentrism, emotional lability, aggressiveness and emotional indifference. 18 It
requires determining the reasons that produced the criminal conduct or the motivation
that produced it to support the investigation and determine the sanction or penalty that
will be imposed.
c. Forecast: ―Statement about the future behavior of an individual or a group,
referring to the observance of the law "It is defined as the appreciation that a subject
will commit antisocial behavior. The prognosis depends on the diagnosis, this being
prior and the starting point for the first."19 In order to make a prognosis about the
subject being investigated, the subject's behavior must be observed, to compare it
with similar behaviors and predict, without scientific basis, the possibility that the
subject has of presenting the same reactions with which it is being compared, based
on existing statistics. .
d. Treatment: ―Set of elements, norms and techniques that are required to

restructure the damaged personality of the offender and make him fit and productive
in his social core.... individual action on the offender to try to shape his personality in
order to separate him from crime............................. The treatment established for a
particular subject must never violate certain fundamental rights, such as human rights.
Sometimes, even though the subject has violated the law, it is not necessary for him
to implement criminological treatment.20 . By having a good diagnosis and prognosis
for the subject being investigated, the application of appropriate treatment will be
decisive for the reintegration into society of the person who has committed a crime.
But it must be kept in mind that these treatments may sometimes be rejected by the
subject, due to the morality, dignity and feelings they possess. The part of the
treatment for the offender is the responsibility of the State through the penitentiary
system as a last resort. Unfortunately in Guatemala this resource is minimal because
there is no There is personnel to develop it, coupled with the fact that the methodology
used is copied from other countries and has not been created based on the reality of
the country's prison population, due to the lack of criminal profiles, which are
17 necessary to create these re-education methods. and reintegration.
18
18Oliva Ruiz, Elena and María Evelin Robles García, The expression of Clinical Criminology through
19the Criminological Expertise, Spain. Edit CI. 2017. P. 64
ibid., p. 66
20loc. cit.
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1.7 Criminological profile as a tool of Criminology
Criminal profiling refers to an investigation technique through which the main
personality characteristics, their social relationship and the behavior that certain
criminals possess are identified. The study is carried out by observing evidence in a
crime, or crimes committed, in the way in which they have been carried out and in the
study of the different scenarios where they have occurred.
Garrido explains that: ―The criminal or criminological profile—profiling—is the
discipline of forensic science that is responsible for analyzing the traces of behavior in
a crime scene in order to provide useful information to the police for the capture of an
unknown criminal........................... The procedure of the profiler must avoid entering
into speculative terrain as much as possible so that it increasingly adapts to the
available scientific evidence.........."It will always be necessary to interpret the traces
or traces of behavior of a series of crimes with the aim of characterizing an unknown
criminal."21 Determining the characteristics of the alleged culprit reduces the range of
possible culprits and helps the police focus and delimit the possibilities of the
investigation; to focus on realistic targets. This is important when it comes to violent or
serial crimes, since the possibility is that these acts could be repeated, so
investigative entities must act quickly so that the police can arrest the alleged criminal
as soon as possible.
1.7.1 Types of criminal profiles

According to M. Cisneros, the profile of aggressors, is based on two methods,
inductive and deductive:
a. Profile of known aggressors or inductive method:

To carry out criminal profiles of known aggressors, research must be done through
cases already judged as criminal acts, from which the characteristic behavioral
patterns of criminals will be extracted, depending on the crime investigated.
The study will be carried out in prison centers, choosing criminals as the object of
study, subsequently an interview will be carried out with them, with close relatives and
with people who have had to do with the criminal act, from the information obtained,
21 Garrido, Vicente, Criminal Profiles, Spain, Edit. ePub, 2012. P. 15

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will carry out an analysis and comparison with the actions and behaviors of the
profiling that is intended to be carried out and that are common with other aggressors
or criminals.
b. Profile of unknown aggressors or deductive method:

This profile is carried out through the study of the criminal scenario, specifically in
relation to the psychological evidence that can be deduced from the criminal profile of
the person who perpetrated the criminal act. It individualizes the criminal, going from
the general information provided by the crime scene to more specific data that allows
this individualization, through forensic evidence, geographical and emotional
particularities and motivations of the criminal.
It must be taken into consideration that all the evidence found at the crime scene must
be correctly analyzed, since these will be the ones that identify the author of the act
since all the details found are taken into account which identify the subject or author.
1.7.2 Profile methodology

To create a criminal profile, the following sources need to be analyzed and evaluated,
as expressed by Jiménez:
a. Crime scene
b. Geographic Profile
c. Modus Operandi
d. Signature of the Killer
e. Victimology
a. Crime scene
―The crime scene is, as its name indicates, the place that the murderer has chosen
to kill his victim. The scenes can be several if the murderer has used several places
from the time he catches his victim until he leaves her. He can trap her in one place,
torture her in a second, kill her in a third and move her to a room to abandon her
there. In any case, the main scene is where the death or aggression is of greatest
importance and the rest are secondary. Generally, it is in primary school where there
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is more transference between the murderer and his victim, which is why it is usually
the one where there is more psychological and physical evidence. For this reason, it is
important to protect the crime scene or scenes since each clue can be key. In
addition, it is necessary to evaluate whether there has been manipulation of said
scene, which is usually called acts of precaution or forensic awareness (when physical
evidence is eliminated )‖.22 The crime scene reveals all the ways in which the events
arose, it also reveals the criminal's thinking when committing the act, it is a powerful
tool to develop the criminal profile, so that it can later serve as a reference and similar
events can be compared. in order to prevent this same type of crimes.
b. Geographic profile
―This profile describes the geographical aspect where the criminal operates, his
crime scenes, the geographical points of those crimes, his movements, the terrain in
which he acts, risk area, base of operations. This profile says a lot about the criminal's
mental map, which is the description that the criminal has in his head of the
geographical areas in which he operates in life. His house, his street, his
neighborhood, his city are described in the criminal's mind based on the experiences
he has had with each of those places, he describes his zone of trust, his territory, the
zones of influence, how he moves and moves through them.
For the serial killer, killing is his objective, but he does not forget his sense of survival
that makes him try to avoid being captured. That's why he's going to kill in those areas
where he feels comfortable. This fact can disappear in certain types of serial killers,
specifically in disorganized ones, in which their thirst for death is produced by
impulses and they do not have as much control over that aspect. Generally, his
mental deterioration also causes him to not plan his crimes as much. On the other
hand, this mental deterioration means that he is not able to travel long distances to
search for his victims or to end their lives, which is why he also acts in his
geographical area. The case study has shown that in the majority of serial killers, their
first acts are carried out close to the place where they live or work and later they move
22 Psychology – Online, Jiménez Serrano, Jorge, Criminal Psychological Profile, Spain, 2018,
availability and access:https://www.psicologia-online.com/el-perfil-psicologico-criminal-2600.html,
Consultation date: 08/30/2018.
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further away as they acquire security and confidence. 23 When feeling threatened in his
comfort zone and to protect his integrity and maintain freedom, the criminal can move
from place to place, but he will always look for the same or similar conditions to where
he has developed, looking for the same scheme or prototype in the victims he stalks. .
c. Modus operandi
―The modus operandi is the method that the murderer uses to carry out his crime, it
describes the techniques and decisions that the murderer has had to make. From this
evaluation, information is obtained about how the murderer kills and what
psychological characteristics can be deduced from this method: planner, intelligent,
profession that can be developed, careless, perfectionist, sadist... The modus
operandi, unlike the signature, can vary over time since, like skills, they can be
learned or evolve or degenerate with subsequent crimes. The modus operandi is
functional in nature. (Garrido, 2006) and has three goals:
•
•
Protect the identity of the criminal.
•
Successfully consummate the aggression.
Facilitate escape.24
It thus refers to the behavior and forms that the criminal uses against his victim at a
certain time and place in the course of his crimes. The methods, the weapons used,
and everything that can identify the subject who committed the crime are studied in
order to capture him. The auxiliary sciences of Law such as forensic psychology,
forensic medicine and sociology are the sciences in charge of evaluating the aspects
that make up the modus operandi. When complemented with other disciplines such as
statistics, graphology, victimology, among others, it allows the profile of the murderer
to be developed and thus prevent subsequent crimes that he intends to commit.
d. The signature
―The signature is the motive for the crime, the why, it reflects the reason why the
murderer does what he does. It gives us deeper information since it shows us what he
means by crime, and more psychological since it tells us about his psychological
23loc. cit.
24loc. cit.
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needs. The murderer maintains his stable signature throughout his criminal career, so,
even if his modus operandi changes, we can relate him by said signature. This does
not mean that physically the behavior or behaviors that the offender's signature
describes cannot change. The deep aspect of the signature does not change, anger,
revenge, sadism remains unchanged but the way of expressing it can evolve,
increase, decrease or degenerate depending on the development of the motivation it
represents.25
It is the reason why the murderer decided to commit his crime, it provides extensive
information about who he is. The murderer makes it known through his signature if he
is a planner, intelligent, if he has a profession, if he is careless, a perfectionist, a
sadist, etc. In itself, the motive that the criminal had to carry out his criminal act will be
determined by his signature and will distinguish him among other criminals, due to the
characteristics in which he operates and of which he leaves evidence.
e. Victimology
―The victim witnesses the crime in the first person, the criminal act falls on her and
the modus operandi and signature of the murderer are represented. If the victim
survives, they can provide a lot of first-hand information about their attacker and their
circumstances; if they die, a psychological autopsy must be performed. This autopsy
attempts to collect various personal and social aspects of the victim.
It is necessary to gather a series of information regarding your home, education,

marital status, hobbies, economic situation, fears, habits, illnesses, friendships, work...
From all this information, a classification of the victim is primarily derived in terms of
the risk they pose to being attacked. On the other hand, the study and analysis of the
victim gives us information on how the murderer relates to his victims, which provides
us with an important psychological footprint to create the profile. In a crime there are
two protagonists, the murderer and his victim, between them there is a relationship,
the murderer uses the victim to narrate his story, to satisfy his personal fantasies but
also to record his relationship with the world. And it is in this relationship where his
personality is most reflected.26
25loc. cit.
26loc. cit.
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It aims to study the reasons why certain people are victims of a criminal act and how
their lifestyle places them in an area of greater or lesser risk of being so.
Victimology provides various information that also includes data on who carried out
the crime. With this data, criminal profiles can be carried out, to which it can be
mentioned that Guatemala does not have its own criminal profile, as it bases its
victimological studies on criminal profiles of others. Latin American countries, which
do not correspond to the reality that exists in the country, this only supports, but is not
beneficial for the investigative entity and much less for the prevention of crime, which
is in itself what is intended since this crime rates will go down.
Guatemala only has statistical records on criminals, which are used as crime indices,
but not to carry out criminal profiling. These records are used to observe the
behavioral situation of murderers in the country, which are analyzed by region.
1.8 Criminal Policy

Criminal policy must be understood from two separate concepts and then unite both
and thereby clarify the ideas about the goal it pursues. Politics refers to the science
that determines the actions that the State must guarantee to promote the well-being of
its inhabitants; it is the common good that must be preserved through public force,
guaranteeing coexistence between societies. The term criminal delves into the
criminal act and is related to the sanction or penalty that must be met by anyone who
breaks the law, and who alters the legal system of society.
From the union of these two terms; criminal policy, the actions and measures that will
be applied as repression and prevention of crime to criminal acts are determined.
Criminal policies are formulated as a consequence of the analysis of situations that
affect societies, they are directed mainly towards subjects who present antisocial
behavior, at a certain time and in a certain space, these policies emerge as reforms or
law initiatives that aim to prevent the events. crimes that affect populations.
Reynoso, cites Franz Von Liszt who defines criminal policy as "the systematic set of
principles according to which the State must conduct the fight against crime through
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punishment and related institutions and the effects of punishment and its measures."
related‖.27 The above affirms that the State is committed to fighting crime by imposing
penalties and sanctions to achieve public order.
1.8.1 End of criminal policy

The prevention of crime is considered the primary goal, through sanctioning measures
that regulate the behavior of citizens. These corrective measures are created after
observing the results of criminal acts that have affected different societies.
These measures are intended to reduce crime rates, with the State being obliged to
promote these policies and implement sanctions on antisocial people who violate the
fundamental rights of others.
García highlights that criminal policy establishes prevention at three levels of

persuasion towards the delinquent or criminal, these being:
a.Primary prevention
b. Secondary prevention
c. Tertiary prevention28
to. Primary prevention: It focuses on the main causes of crime, proposes

improvements to education, housing, health, infrastructure, justice, security, work,
etc., promoting equality and equity among the inhabitants of a nation, trying to ensure
that This prevention reaches not only the offender or criminal but all sectors and
institutions of the country. With this, it is possible to attack the main causes of crime,
with the State being responsible for guaranteeing the fundamental rights of the
inhabitants and maintaining public order to live together in a nation, where its societies
are integrative and inclusive but above all observant and respectful of the rules and
laws that govern them.
c. Secondary prevention: Focuses crime prevention programs on the sectors

where there is a higher crime rate; these programs encompass police
27 Reynoso Dávila, Roberto, Notions of criminology, Mexico, Edit. Porrúa, 2010, Page. 51
28 García-Pablos De Molina, Antonio, Treatise on Criminology , Volume II, Argentina, Edit. Rubinzal –
Culzoni, 2009, Page. 586.
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prevention, reintegration and readaptation of the offender. The effects of these
programs will be reflected in the medium and short term, this is where the
population demands the most severe penalties for those who commit crimes to
reduce crime and even to eliminate it.
Unfortunately, in Guatemala this premise is generally not fulfilled due to the deficiency
in the administration of justice, a situation that has caused the population to take
justice into their own hands, lynching criminals who are flagrantly found.
c. Tertiary prevention: This type of prevention is aimed directly at the inmate

population who have been sentenced by the jurisdictional bodies; it aims through its
programs to reintegrate the offender into society, correcting the behaviors that have
led them to commit crimes. The entity in charge of developing these policies is the
penitentiary system, respecting the human rights of inmates.
1.8.2 Object of criminal policy

Its primary objective is to promote reforms and law initiatives to minimize crime rates,
seeking to ensure that these changes reach all social sectors such as education,
health, sports, culture, work, religion, etc.
Its approach covers the protection of protected legal assets, preventing them from
being violated through concrete and effective responses. Although it is clear that
criminal policy will not completely eradicate the criminal phenomenon, but it will
minimize the problem.
CHAPTER II
2. CRIMINALISTICS
It is the science that uses scientific research methods and techniques, trying to
demonstrate through specific procedures a fact that can be considered a crime; all
through the application of scientific methodologies, trying to explain the phenomenon
produced and making a mechanical reconstruction of the event, indicating the
instruments used and the way in which it was carried out. It is the science that is
responsible for providing evidence to the criminal process in order to identify the
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perpetrator of the crime or, failing that, to identify the victim if there is one.
Its function is the study of the evidence found at the crime scene, also called
evidence, its material objective being to relate the evidence found in the criminal
scene to present them as means of proof in the development of the Criminal Process,
scientifically supporting the crime that is pursued.
Investigative entities such as the Public Ministry and the National Civil Police, based
on Art. 5 Purposes of the Process of the Criminal Procedure Code of Guatemala,
Decree Number 51-92 of the Congress of the Republic of Guatemala ―The criminal
process has as its objective the investigation of an act designated as a crime or
misdemeanor and the circumstances that could have been committed; the
establishment of the possible participation of the union; the pronouncement of the
sentence and its execution. The victim or the injured party and the accused, as
procedural subjects, have the right to effective judicial protection. The procedure, by
application of the principle of due process, must respond to the legitimate claims of
both."
They carry out this research using the auxiliary sciences that make up Criminalistics
so that the scientific results are objective, impartial and ideal in the Criminal Process
as indicated in the cited article.
2.1 Definition
Fuentes describes Criminalistics as "A natural factual science whose object of study is
the scientific investigation of a supposedly criminal act, either at the scene of the
event as well as in others to be established, in order to identify, establish, protect and
study significant sensitive material (indications) in order to establish its origin (location,
situation and direction) and the dynamics of the event, in order to establish the
perpetrator(s) of the event that occurred.‖29
Criminalistics has a more scientific, methodical and precise character, since it is

based on verifiable studies and not on assumptions, it focuses on the discovery of all
29 Fuentes, Ariel E., Criminal Investigation Techniques, Great Britain, Edit. Amazon.co.uk. 2013.
P. 26.
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those clues within a crime scene, which in a certain way can contribute or determine
the circumstances of the crime. criminal act.
He also states that ―The criminal investigator must ask himself these five basic
questions in the investigation of every fact:
• What happened?
• As a step?
• When I pass?
• Where did it happen?
• Who did it?
If each of these questions is answered satisfactorily, the criminalist's work will have
been carried out successfully.‖30 These questions must be asked in any criminal act,
as they will provide a precise answer to the doubts that arise during the investigation,
allowing them to propose the factual platform on the criminal act, in addition to
establishing a limit and specifying what is to be verified.
Thus he distinguishes that "Something that commonly happens is that it is confused

with "Criminology." We must emphasize that Criminology is a cultural factual science,
which studies the behavior of the criminal, that is, it asks why he killed or led him to
commit a crime. He bases his studies on criminal psychology and sociology.‖ 31 From
here the difference between Criminology and Criminalistics arises, since the first
refers to the personal motivation that the perpetrator of the crime has to carry out his
plan, while Criminalistics refers to the ways and places in which produced said event.
Guzmán refers that Criminalistics is “The profession and scientific discipline aimed at
the recognition, individualization and evaluation of physical evidence, through the
application of natural sciences, in legal matters.”32 Then, Criminalistics focuses on the
physical evidence found in a criminal scene, with this information and the expertise
carried out on the findings found, it will be possible to clarify the criminal act, identify
30loc. cit.
31loc. cit .
32 Guzmán, Carlos Alberto, Manual of Criminalistics, Argentina, Ediciones La Rocca S. R. L., 2008,
Page 37.
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the possible perpetrator and the victim.
Guzmán indicates that "Its objectives are similar to those of the natural sciences, that
is, among others, dedicating itself to the search for truth through the application of the
scientific method, unlike the subjectivity of testimony that is more open to
speculation.‖33 It is necessary to understand the difference between Criminology and
Criminalistics, where both sciences seek the truth of what happened in a criminal act,
the basic difference lies in the methods used, because Criminology is an empirical
science, while Criminalistics is relies on more exact sciences to determine its
conclusions.
Criminalistics reconstructs crime scenes and tries to find the truth with scientific
results, to do so it reconstructs the facts in the same place and with the same
evidence found at the scene, to be objective and not based only on testimonies that
may be subjective. for the investigation, because these may not be real and may also
be interpreted by the judge in a different way.
Guzmán explains that: "Criminalistics is an auxiliary discipline of criminal sciences that

aims to discover, explain and prove crimes, as well as detect the perpetrators and
victims."34 With this, it defines that its object of study is not only the crime, nor only the
victim, but rather it aims to explain how the crime was, who the perpetrators were and
identify the victim, a task that is carried out jointly, without a specific focus. specific.
2.2 Origin and evolution of Criminalistics

In its beginnings, Criminalistics was related to other auxiliary sciences of law and was
even confused with the term forensic science; which in itself applies to all sciences
that provide their techniques for the investigation of criminal cases, it must be
understood that Criminalistics is made up of several auxiliary sciences of law.
Referring to a timeline in relation to the origin and evolution of Criminalistics, the

following references are made:
33loc. cit.
34ibid. P. 24.
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• In 1575 the CCI encyclopedia indicates that: ―Criminalistics has very primitive
beginnings, when doctors began to take part in judicial procedures with Forensic
Medicine, in 1575, started by the Frenchman Ambrosio Pare and continued by
Paolo Sacchias in 1651. Although these and modern necropsies have little or
nothing to do with the first ones that appear in the Chinese treatise Hsi Duan Yu
(Washing of Evils) of 1248, or what was practiced at the end of the 19th century,
by the father of science. current, Doctor Alexander Lacasagne.‖35
• In 1685, the papillary reliefs of the fingers were observed for the first time,
specifically on the pads and palms of the hands, by the anatomy professor
Marcelo Malpighi, giving rise to fingerprinting.
• In 1866 Montiel exhibited ― Allan Pinkerton put into practice taking images of
criminals to recognize them later, a discipline that would later be called forensic
photography. Regarding forensic ballistics, the first successful attempt on record
dates back to the beginning of the 19th century with Henry Goddard.36
• In 1910, Hans Gross, of Australian origin, an investigative judge, used the term
Criminalistics for the first time, since which time it has been evolving due to the
contributions that the auxiliary sciences of Law that comprise it provide their
knowledge for the clarification of facts. and identification of both victims and
perpetrators.
• 1960 the investigation was directed to sources such as witnesses, possible

perpetrators and all those who had to do with the fact investigated, using methods
and techniques that facilitate the obtaining of information through verbal
testimonies, sometimes achieving that an accused makes known the identity of his
accomplices.
• 1970, the modus operandi and conduct of the criminal were investigated, the
figure of the undercover agent added to the testimonies, information used in the
factual platform.
• 1980 scientific research began to be used through the development

of psychological profiles, where a study of the criminal's behavior was carried out
to predict another possible crime, profiles of victims are carried out, criminal
35Criminalistics, CCI Encyclopedia. Criminalistics, Criminology and Investigation, Volume I, Colombia,
Sigma Editores, 2010, Page. 18.
36 Montiel, Juventino, Criminalistics, Aconcagua, Argentina, Ediciones Roca, 2000, Page. 24
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scenarios are analyzed scientifically, where theories of the victim's body language
emerge, the geographical profile is studied, the modus operandi to determine the
behavior of the criminal.
• 1990, more importance is given to the criminal scenario, giving evidentiary value to
the
clues found with good preservation and documentation. The physical evidence
was secured by the results of forensic analysis, high-tech means were used in
biological evidence for the purpose of identification, allowing the incursion of DNA
evidence, displacing testimonial evidence.
• 2000 forensic engineering or artificial intelligence allows the creation of systems

information or forensic database, use is made of photography, video and the use
of GPS, among others.
• 2018 uses technology, which is essential to strengthen the

physical evidence, in Guatemala the National Institute of Forensic Sciences –
INACIF- is in charge, through its specialized laboratories in different areas of
criminalistics, of giving scientific and legal character to the analyzed evidence.
2.3 Purpose of Criminalistics

Plata, provides a classification for Criminalistics saying that ―Criminalistics is divided
into general and field. From a general point of view, it is an auxiliary discipline of
criminal sciences that aims to discover, explain and prove crimes, as well as detect
possible perpetrators and victims. In turn, field criminology uses knowledge, methods
and techniques to observe, fix, protect and preserve the scene of the events (the
place where the events occurred, which should not be confused with the discovery,
where bodies or clothing may be found. that imply the occurrence of a misdeed), as
well as to collect the evidence and send it to the corresponding laboratory.‖ 37 With this
classification the importance of this science in the Criminal Process is exposed, which
helps it in two modalities; the general one in a direct way where it discovers what
happened and gives the taxonomy to the crime, to later use the other classification
where it explains the crime from the scene of the events with a specific analysis by the
expert technicians who analyze the evidence found in the crime scene granting them
scientific validity.
37 Silver Moon, America. op. cit.,. P. 145

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2.4 Seven determining questions of Criminalistics
The following are considered the most important questions in criminology, and
according to Plata they are:
• What happened?
• Who or who did it?
• How did it happen?
• When?
• Where?
• What was it carried out with?
It is worth remembering that criminology is what asks the question of why and thus
seeks the deep causes of crime to prevent it.‖ 38 With the previous questions, the crime
is clarified, but not the cause that is the responsibility of Criminology as expressed by
the author. With this, Criminal Law supports its theory and scientifically confirms its
arguments about what happened.
2.5 Objectives of Criminalistics
2.5.1 Material objective

Rossotto indicates that: "It is the study of the material evidence or indications that are
used and produced in the commission of facts, with the aid of the scientific method." 39
This explains that the evidence must be well documented and preserved, with an
adequate chain of custody, so that when carrying out the forensic scientific analysis it
meets the requirement of reliability and objectivity.
2.5.2 General objective

Rossoto continues, “This study of the evidence of criminal investigation, both in the
field and in the laboratories, leads to a general objective, which is limited to five basic
tasks.
38loc. cit .
39 Rossotto Herman, Beatriz, Manual of Criminology and Criminalistics, Guatemala. Tang Print Works,
2015, P. 159
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- Investigate technically and scientifically the existence of a particular act that is
probably criminal.
- Determine the phenomena and reconstruct the fact, pointing out the instruments of
its execution.
- Provide evidence for the identification of the victim, if any.
- Provide evidence for the identification of the subjects involved in the commission
the fact.
- Provide material evidence with technical and scientific studies to demonstrate the
degree of participation of the subjects involved in the event.40 .
Clear actions that guide criminalistics actions to obtain concrete results with scientific
support, for their subsequent incorporation into the Criminal Process.
2.5.3 formal objective

According to Rossotto, “Criminalistics throughout its evolution has undergone
technical contributions, which makes it a scientific subject, giving its intellectual
importance to a series of disciplines that have come to build it in a general way.” 41
The evolution of criminalistics over time is then demonstrated, making it currently

more technical and innovative; it can be said that it is at the forefront of technology
and is expanding with new sciences.
Thus the Art. 309 Object of the investigation of the Criminal Procedure Code of
Guatemala, Decree Number 51-92 of the Congress of the Republic of Guatemala.
―In the investigation of the truth, the Public Prosecutor's Office must carry out all
pertinent and useful procedures to determine the existence of the fact, with all the
circumstances of importance to criminal law. Likewise, it must establish who the
participants are, seeking their identification and knowledge of the personal
circumstances that serve to assess their responsibility or influence their punishability.
40loc. cit.
41ibid., p. 160
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It will also verify the damage caused by the crime, even when civil action has not been
brought.
The Public Ministry will act at this stage through its district prosecutors, section, fiscal
agents and fiscal assistants of any category provided for in the law, who may attend
without limitation the jurisdictional acts related to the investigation under their charge
as well as proceedings of any nature that tend to ascertain the truth, all authorities or
public employees being obliged to facilitate the performance of their functions.
The description made in the cited article encompasses the object of the investigation,
giving legal support to the practices carried out and pursued by Criminalistics as an
auxiliary science of Criminal Law and in accordance with the objectives set for the
effectiveness of its results.
2.6 Classification of Criminalistics

This classification depends on the place where the research is carried out, so it can be
in two ways:
A. Laboratory forensics: To practice this way, it is necessary to have specialized
laboratories equipped with instruments suitable for the analysis to be carried out. The
evidence must be correctly documented and preserved for study, either to carry out an
identification or quantification process.
The institution in charge of these laboratories and issuing forensic reports in

Guatemala; It is the National Institute of Forensic Sciences -INACIF-, which receives,
through a referral from the prosecutors of the Public Ministry, the order and objective
of the expert opinion, for which there must be the necessary time to carry out the
study; this so that the result is reliable.
The expert reports must be carried out with total objectivity and impartiality and the
issuing expert must be responsible for it and must express his technique with total
effectiveness, so that when it is rated by the judge it is unobjectionable.
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B. Field forensics: It is the investigation carried out at the crime scene, which is the
main source of information. Hence the importance of the expert's knowledge of his
work area and the activities he can coordinate, since, for example, whoever performs
forensic photography should not limit his work area, he must know that it can be
extended to other places that are related. with the criminal scenario, which is being
investigated.
It requires teamwork, so field criminologists must communicate with each other to

raise questions or make hypotheses about the perpetrators and the way in which the
criminal act was committed.
The field criminologist must carry out five basic stages, which are:
1. Preserve and protect the criminal scene.
2. Carry out a complete and thorough observation without outbursts.
3. Establish the evidence under photographic and written documentation, ensuring
that it is clear and precise.
4. Pack and carry out the chain of custody correctly.
5. Refer to INACIF and specialized laboratories any evidence that may be analyzed,
without neglecting the chain of custody.
This is how Criminalistics can be understood from two aspects; as a theoretical

science that uses a set of true or probable knowledge systematically obtained and
related to possible criminal acts and on the other hand, it is a technique since to
obtain specific results, it applies general principles or laws of this discipline.
2.7 Auxiliary sciences, disciplines and expert laboratories related to

criminology
These areas support criminal investigation with their methodologies, the main ones
being:
a. -Forensic anthropology
b. forensic ballistics
c. Fingerprinting
d. Documentoscopy
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e. Study of hair and fibers
f. Genetics
g. Hematology
h. Fires and explosives
i. Forensic Medicine
j. Forensic Odontology
k. forensic chemistry
l. Forensic toxicology‖.42
With the use of these disciplines, conclusive and scientific results can be obtained that
will enrich the Criminal Process. When evaluated by the judge, they should be used
as means of conviction that will clarify the doubts that arise in litigation.
2.8 Difference between Criminalistics and Criminology

The first difference to establish is that Criminalistics deals with how? and who? carries
out the criminal act, while Criminology studies the motivating causes of the crime or
the why?
Criminalistics is based on scientific studies to determine how and who was the
perpetrator of the crime, while criminology tries to establish why the criminal acted in
that way and what damage he or she could have caused on a personal or social level.
This is how Criminalistics aims to assist the justice authorities so that they can capture
the criminal and judge him as established by law.
Given this, Malatesta mentions that ―... Criminology is the discipline that applies
fundamentally the knowledge, methods and research techniques of the natural
sciences in the examination of significant sensitive material related to an alleged
criminal act, in order to determine, in aid of the bodies of their intervention of one or
several subjects in the same... ‖.43
It can be said then that Criminalistics is an auxiliary science that relies directly on
scientific research methods and techniques, while Criminology is an empirical science
42Reyes Calderón, José Adolfo, Criminalistic Techniques for the Prosecutor. Guatemala, 2nd. Ed.,
Ediciones Cárdenas, 2006, Page. 42
43 Malatesta, Framarino, Logic of evidence in criminal matters, Colombia. Edit Temis SA, 1988, Page.
49
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that carries out its study through observation, mainly of behaviors that explain why the
motivation for the crime and the effects it will have on the victim and his collaterals.
2.9 Principles of Criminalistics

Coria, indicates that Criminalistics is based on the following principles:
a) Exchange Principle
b) Correspondence Principle
c) Principle of Reconstruction of Facts
d) Probability Principle‖.44
These principles can be used within the Criminal Procedure, since they allow
determining the origin of the facts, the author, the degree of guilt of the accused and
whether the act can be considered a crime.
2.10 Criminalistics applied at crime scenes
2.10.1 Crime scene

In Guatemala it has different synonyms to name it, some of them being:
•
•
Criminal scene
•
Find site
•
crime scene
•
The place of the scene
Site of the event
Rossotto, defines it as ―..........It is the place where the criminal situation to be

investigated occurred. When it comes to robberies or other attacks, we speak of the
“crime scene” and in the case of homicides, the “scene of the facts.” In Guatemala, it
is called Crime Scene, in countries like Colombia they call it Criminal Scene, arguing
that Scene is the act itself, and scene is what is found in the place after an act or
crime has been perpetrated.45
According to the above, all terminologies can be used as long as they refer to the
44Coria Monter, Paulo Roberto, Introduction to Field and Laboratory Criminalistics, Mexico, 2013,
Page. 3
45 Rossotto Herman, Beatriz op. cit., p. 184
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place where an event that can be considered a crime occurred.
The crime scene is considered as the source of information regarding the crime that
took place there, Rossotto quotes Doctor Reyes Calderón, in his work Manual of
Criminology I (1993), defines the Crime Scene as: "Place where the events subject to
investigation were committed, the traces and remains that remain in the Victim and
perpetrator and in some cases in people who witnessed the events or omissions.‖46
It is important to recognize that the crime scene may contain an action or an omission
and that both may have a legal consequence and may cause both personal and social
harm.
The incursion of Criminalistics into the crime scene is carried out through scientific
techniques and expertise that are carried out in the study of the evidence found at
said scene. This analysis will depend on the nature of the evidence, so the person in
charge of the Public Prosecutor's Office will make the referral to the laboratory where
he determines that the analysis will be carried out effectively, and the correct results
will be issued, so that it can subsequently be constituted as an object of evidence,
advancing in the Criminal Process due to its objectivity and impartiality without that
this can be objected.
Thanks to the well-known phrase “There is no perfect crime,” Criminalistics can act
and obtain favorable results for the identification of both victims and perpetrators and
the clarification of how an event occurred.
According to Article 20 Place of crime of the Penal Code of Guatemala, Decree

Number 51-92 of the Congress of the Republic of Guatemala. ―The crime is
considered committed: in the place where the action was carried out, in whole or in
part; in the place where the result occurred or should have occurred and in crimes of
omission, in the place where the action should have been carried out.
46ibid., p. 186
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2.10.2 Parts of the crime scene
They refer to the access routes and possible escape of the perpetrator or perpetrators
of the crime, as well as the place itself and its surroundings, the division made by
Rossotto is as follows:
1. -Epicenter
2. Access Route
3. Escape route
4. Surrounding area.‖47
As described in the previous block, these parts that make up the crime scene are the
source of clues that give rise to the work of Criminalistics, since their nature, prior to
having carried out good documentation and packaging, will allow its referral through
the chain of custody to the relevant laboratories or site, as considered by the crime
scene coordinator or by the prosecutor of the Public Ministry in charge. This is how
Criminalistics with the sciences that make it up, discover not only how the events
happened, but also identify the author or authors of the criminal act and identify the
victim or victims, if any.
2.11 Importance of research

There are two important aspects that must be taken into account by the researcher
when carrying out their work:
a. Meticulousness; It refers to the fact that the investigator must carry out a thorough
observation of everything found at the scene, without discarding the importance that
what is found there may have, since these findings can be analyzed in laboratories
and can provide significant data to the judicial process. that will help in resolving the
case, you must take into account the surroundings since they are also a source of
information.
b. Objectivity; It is necessary to have broad thinking so as not to limit or reject objects
that do not agree with the hypothesis that has been raised about the event, since
these may be important in the course of the investigation.
47ibid., p. 191
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• This is why Rossotto continues saying that "It is necessary to highlight that
through the methodical process of identifying the signs, located as a result of
the technical-scientific ocular inspection, at the scene of the events and its
surroundings, in the future after their respective technical analyzes may ‖48
a. Determine the existence of an alleged crime through investigation.

b. Make a relationship between possible perpetrator and victim and the place of
the events.
c. Make an identification or individualization of the victim.
d. Carry out the identification of the criminal through a criminal profile.
e. Ratify the testimonies of those involved in the Criminal Process.
f. Through the presentation of evidence, demonstrate the participation of the
alleged perpetrators and the phenomena that occurred in the criminal act and
the actions that occurred during the commission of the crime.
Criminalistics basically feeds on the evidence found at the crime scene and secondary
scenarios, hence its importance in preserving and not contaminating them since these
can transcend after being analyzed in evidence and later in evidence, to be qualified
within the Criminal Process. The main clues to be found at a crime scene are blood,
other bodily fluids, weapons of all kinds, fingerprints in their various forms, latent
prints, marks of instruments or tools used, documents, computer equipment, cellular
devices, earth, mud, larvae, natural waste, grass, among others
2.12 Crime scene contamination

Rossotto explains what it is; ―Contamination is any alteration of the characteristics of
the place itself, which is intended to be investigated due to its indicative consideration
of the commission of a criminal act. Contamination is the natural or human, conscious
or unconscious alteration that consists of the distortion of the elementary properties of
the evidence found at the crime scene.49
It happens then when there is an alteration within a crime scene, this can be in
48ibid., p. 193
49ibid., p. 194
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different ways, for not having coordination in the management of the processing of the
crime scene, for not using the appropriate material in the collection of evidence, for
not carrying out adequate packaging, for not adequately preserving the evidence
among others, this is when it occurs due to human issues or errors.
When contamination occurs due to natural causes, it can be, for example, due to
climatic situations such as rain, which can alter evidence such as body fluids, blood,
shoe prints on the ground or any terrain that is outdoors, excessive wind. may carry or
move some important clue within the scene, damage to software that contains some
clue can be caused by various circumstances such as high or low electricity loads.
Likewise, the memory that a witness who witnessed a criminal act has can be
contaminated with bad interrogation, due to the impact that the event had on his
psyche, by the desire for justice and other forms that make the memory is altered
according to your mental processing, so it will not consequently be a memory or
testimony that is considered totally reliable of the fact.
2.13 Scientific method in Criminalistics

The scientific method is developed through a series of ordered steps to develop a
procedure and observe the phenomena that occur in scientific research, thereby
clarifying the questions raised about the observed phenomenon that is intended to be
explained.
For the development of the scientific method, a series of stages must be followed,
which according to Rossotto are:
•
•
- Observation
•
Problem Statement
•
Hypothesis formulation
Experimentation
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•
Duly proven principle (Possible solution) ‖. 48
By carrying out this orderly process, the desired results for the investigation and some
other findings that can contribute to it or change the direction of the investigation will
be obtained. Criminalistics has the advantage of having scientific laboratories for its
application that allow a certain fact to be verified or not, with this the formulated
hypothesis can be verified, these analyzes will be incorporated into judicial processes
serving as means of proof that will be evaluated by the judge. , therefore the use of
Criminalistics is a very important auxiliary in Criminal Law.
2.14 Criminalistics Science applied in the Guatemalan Criminal Process

It is considered that the science of criminology in Guatemala is the one with the
greatest application in the Guatemalan Criminal Process, due to the advance that
technology has had in this field. It is important for the country to be at the forefront of
these criminalistic techniques, since this allows speed in the processes, in addition to
giving it a scientific character. The contribution made by Criminalistics through the
analysis of evidence for its subsequent incorporation into Criminal Processes is vital,
since these expert reports will contribute to the formulation of the conclusions made
by the judge as they are already qualified and valued as legal evidence. The purpose
of these expert reports tends to clarify the basic questions of Criminalistics and
determine whether a crime exists or not, to identify the author or authors or identify the
victim or victims as appropriate. It provides scientific technical support from various
scenarios, to the Public Ministry as the prosecuting entity, it provides the means of
proof to strengthen its accusation, it can support the defense to carry out its defense
and it supports the judge in clarifying the doubts that arise. in debate and gives
scientific support to the logical reasoning carried out by the judge at the time of issuing
the sentence.
In Guatemala, the National Forensic Research Institute –INACIF- is the entity in

charge of carrying out forensic reports, only those issued by this entity. They have the
legal character to be incorporated and valued by the judge, as established in the
of
Organic Law of Guatemala –INACIF- decree No. 32-2006 the Congress of the
Republic of Guatemala.
48
ibid., p. 220
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CHAPTER III
3. VICTIMOLOGY
3.1 Definition
Science that studies the victim from different scenarios, it can be individually or
collectively, due to an action or omission that has had an impact on their physical,
emotional or economic integrity and even due to abuse of power. Understanding it as
an intervener in an act that constitutes a crime, where the victim is the most harmed,
so justice is sought to be able to compensate or compensate her so that she
continues her life project and can move forward after the criminal act suffered.
Reyes cites Guglielmo Gulotta who, when referring to Victimology, indicates that it is
"...a discipline that aims to study the victim of a crime, his personality, his biological,
psychological, moral, social and cultural characteristics, of his relationships with the
offender and the role he has assumed in the genesis of the crime.‖ 50 It must be
understood that the victim must be cared for comprehensively, taking into account the
physical, psychological, emotional and social aspects that include work and cultural
aspects, so that their care is complete and effective.
Reyes also cites Javier Doncel Jovel who says that "they have begun to study the
negative effects of crimes on emotions and cognition, in the aftermath of criminal
experiences suffered, and the need has been felt to promote assistance programs and
compensation to rediscovered victims. With this, a new discipline has emerged:
Victimology.‖51 Where once again the need arises to compensate the damage to the
victim by seeking what is fair for his case, returning emotional and physical stability
through justice depending on the case, so that he can properly return to his daily
activities and Move forward with your life project in the best possible way.
According to what Ezzat Abdel Faltah cited by Reyes in his work indicates that
50Reyes Calderón, José Adolfo and Rosario León-Dell, Victimology, Guatemala, Edit. Reyes-León
Editor, 1997, page 143.
51loc. cit.
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victimology: ―.establishes that whoever does not call it either a science or a
discipline in a precise way, says that the Objective of Victimology is the development,
through the in-depth study of the victim, of a set of general rules and common
principles and other types of knowledge that can contribute to the development,
evolution and progress of criminological and legal sciences, allowing a better
understanding of the criminal phenomenon, the criminogenic process, the personality
and dangerous nature of the criminal.52 This implies that knowing the damage caused
to the victim can contribute to Criminal Law, clarifying and describing all the factors
that contributed to the criminal act and its relationships with the perpetrator.
Rodrigo Ramírez G. cited by Reyes defines victimology as: "...the psychological and
physical study of the victim that, with the help of related disciplines, seeks to form an
effective system for the prevention and control of crime." 53 This concept gives extreme
importance to the creation of public security policies that function as preventive
methods to avoid crime, since these violate the rights of subjects considered as
victims.
Reyes continues saying that in the Legal concept; It must be understood as "a causal-
explanatory discipline that studies the victim to plan and carry out victim policy within a
rule of law."54 Giving utmost importance to the victim, pointing out again that all the
actions to be carried out by Criminal Law will be aimed at returning to the victim
everything for which he was placed in this capacity.
3.2 Victim
According to Rodríguez Manzanera, the term victim ― It comes from the Latin
victim, and with it it designates the person or animal sacrificed or destined for
sacrifice.55 This concept refers to the fact that the damage that the victim has suffered
must be analyzed since this produces a condition in them; Whether physical,
psychological or emotional, it can alter your behavior and limit the development of a
52ibid . P. 144
53loc. cit.
54ibid. Page 145.
55 Rodríguez Manzanera, Luis, Victimology, Mexico, 4th. Ed., Edit. Porrúa, 1998, Page. 55
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normal life.
It is then understood that this term victim is designated for the person who suffers
damage from any action or omission, and who has been affected in some way by this
fact, in any of the following manifestations; physical, economic, emotional among
others. The primary objective of Victimology is to focus on the damage caused to the
victim in order to repair it.
For the United Nations Organization, as stated by Reyes, victims are defined as
"persons who, individually or collectively, have suffered harm, including physical or
mental injury, emotional suffering, financial loss or substantial impairment of their
fundamental rights, as a consequence of actions or omissions that violate the criminal
legislation in force in a given country, including abuse of power.‖ 56 It is important to
clarify how the human rights of the victims are affected but above all how these can be
compensated or repaired in accordance with the current law of the country.
Thus, Reyes proposes that "The victim that Victimology is interested in, according to
our conception, is the human being who suffers damage to the assets legally
protected by criminal regulations: Life, health, property, honor, honesty, etc., and even
by accidents caused by human, mechanical or natural factors as occurs in work
accidents.‖57 According to what has been said, the importance falls mainly on the
human being, since he can be harmed from different areas as well as on the protected
legal assets he possesses and that can be irreversibly violated, such as life.
Other definitions set forth by Reyes in his work are: that of the Larousse dictionary
which says that: ―The victim in the original religious sense, is the animal or person
who sacrifices himself to offer a sacrifice to the gods, and, by extension, is the person
who voluntarily sacrifices his life, his happiness; or the person who suffers the death
or actions of another‖. And the Spanish Language Dictionary establishes that the
victim is “a person or animal sacrificed or intended for sacrifice; person who exposes
or offers himself or herself to a serious risk as a gift to another; person who suffers
56Reyes Calderón, José op. cit., p. 145.
57ibid. P. 151.
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damage through the fault of another or fortuitous cause.‖ 58 We then speak of
sacrifices of both people and animals, which have been destined to suffer by whoever
decides to harm them, whether premeditated or at random, resulting in damage that
may be permanent, which is why it needs to be analyzed and taken into account. part
of the authorities related to justice, how the victim will be able to recover from the evil
or damage suffered.
3.2.1 Victim Classes

According to Reyes, who quotes Stephen Schafer, he has mentioned that all
situations have different characteristics through which many types of victims can arise,
but he also mentions that certain people are predisposed to being victims due to
biological qualities that make them vulnerable. The classification proposed by Reyes
is:
•
•
―Victim unrelated to hecriminal
•
Provocative victims
•
Precipitating victims
•
Victims biologically weak
•
Socially weak victims
•
Self-victims
Political victims‖.59
This classification reveals the different situations and ways in which a person can
become a victim without it being due to a special consequence, so each of them must
be considered to investigate the criminal act and so that the actions carried out within
the Process Criminal are consistent and compensatory to the fact being judged.
3.2.2 Victims according to people

Rossotto, presents the following classification according to the type of people:
a. ―Singular victims
b. Collective victims
58loc. cit.
59ibid. P. 174
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c. intentional victims
d. Guilty victims
e. Voluntary victims
f. Replaceable victims
g. Irreplaceable victims‖60
The classification aims to differentiate through the participation of the victim, the
nature of the crime and the damage that has been caused, it guides those involved in
the Criminal Process in actions such as: the classification of the crime, the
classification, the sanction impose and the way to compensate the damage to the
victim.
3.2.3 Victim according to guilt

According to Rossotto; This classification is given as follows:
a) ―Totally innocent victim
b) Victim less guilty than the criminal
c) Victim as guilty as the criminal
d) Victim more guilty than the criminal
e) Totally guilty victim61
The described classification completely clarifies to the Criminal Process the way in
which the victim participates in the crime, determining the degree of guilt of the
aggressor and the sanction to be imposed. Therefore, it is important that prosecutors
keep it in mind, so as not to be surprised during the development of the trial by novel
situations that change the course of the Criminal Process.
3.3 Victimization
It can be said that the term arises from Victimology, and that it refers to the result of
suffering harm, either directly or indirectly, due to an act that is considered a crime, it
60 Rossotto Herman, Beatriz, op. cit., pp. 116, 117, 118

61loc. cit.
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involves a person or a group of people who have been the object of a crime. injury or
damage in any manifestation due to an action or omission that is outside the law. Its
importance lies in the degree to which the damage has been suffered and how this
can have repercussions at the family, work or social level.
Victimization is anything that harms the person, whether in their physical, mental or
psychological state, when they are subjected to various interrogations, medical,
psychological or psychiatric evaluations on a continuous basis, which makes the
victim relive the criminal act and causes irreversible damage to their personality by
attacking their dignity and privacy.
It presents three phases that affect the victim and that must be kept in mind for the
purposes of their care, these being:
a. Primary victimization : These are the direct consequences that a victim
suffers from a crime.
b. Secondary victimization or revictimization : It is the process by which the
victim is made to relive painful and traumatizing experiences, it is the suffering
of the victim, witnesses and passive subjects of a criminal act, acts that are
carried out by institutions in charge of dispensing justice; police, judges,
experts, comprehensive teams, prosecutors, criminologists and penitentiary
officials, who require the victim to submit to multiple interrogations and
examinations that affect their dignity and privacy, in the same way as when
they are required to keep their story so that it has credibility through extensive
and repetitive questioning, which is not intentional but highly harmful to the
victim.
c. Tertiary victimization : Refers to the stigmatization suffered by the person
who is a victim or survivor of a criminal act. This action comes from the society
where the victim and his collaterals operate, it occurs after integrating into his
family environment and/or his community.
3.4 Vulnerability Factors

According to the Brasilia Rules, on access to justice for people in vulnerable
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conditions, established at the XIV Ibero-American Judicial Summit, held in Brasilia,
March 4 to 6, 2008, they establish that people who, due to their age, gender, physical
or mental state, social, economic, ethnic and cultural situation, places them in a place
where they cannot fully exercise their rights before the justice system. Resulting from
this is the vulnerability that will vary depending on the region where the victim is
located.
The conditions provided for in the Brasilia Rules are:
• Age; It contemplates boys and girls and adolescents under 18 years of age
and according to the Law for the Comprehensive Protection of Children and
Adolescents, Decree 27-2003 of the Congress of the Republic of Guatemala,
minors between 0 and 14 years of age must have special guardianship. So do
older adults, who are at special risk.
• Disability; Due to physical, mental or sensory deficiency, they must be

provided with necessary conditions such as safety, mobility, comfort,
understanding, privacy and communication.
• Belonging to indigenous communities; It can be a factor of vulnerability

when they exercise their rights before justice systems, so dignified treatment
must be ensured, in their language and respecting their cultural traditions.
• Victimization; Primary, with measures that are appropriate to mitigate the

negative effects of crime. Secondary, which is increasing with its contact with
justice institutions.
• Migration and internal displacement; Being outside their territory is a cause

of vulnerability, especially in supposed migratory work, and those who have
been displaced by armed conflicts, generalized violence, violence against
Human Rights, natural disasters, etc. are also vulnerable.
• Poverty; Cause of social exclusion, both at the economic, social and cultural
level, it represents an obstacle to access to justice due to their condition, and in
many cases due to illiteracy.
• Gender; Discrimination against women in certain areas, necessary measures

are promoted to eliminate discrimination against women in access to the
institutions in charge of administering justice.
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• Minority membership; Belong to a national or ethnic, religious and linguistic
minority and must respect their dignity.
• Deprivation of freedom; When deprivation of freedom is ordered by a

competent authority, it can generate difficulties in fully exercising the rest of
your rights before a justice system.
Other vulnerability factors that are considered important can also be mentioned:
a. sexual orientation
b. Religion
c. Temporary or permanent state of health
d. Dependency relationship
e. Victims of sexual crimes
f. Domestic violence
g. Sexual exploitation of minors
h. human trafficking
3.5 Victim care protocols

Their purpose is that the instructions found in relation to the application of justice can
coordinate actions and create public policies in a harmonious manner to provide
comprehensive care to victims, containing basic points of organization and unification
of efforts and guidelines for action. and public policies to prevent and combat crimes,
implementing protection, prevention and care programs for victims in order to protect
their rights and restore them.
The protocols for caring for victims in the Public Ministry are issued by instructions
issued by the Attorney General of the Republic and Head of the Public Ministry, so
that the important guidelines to be developed in the prosecutor's offices and through
the staff members of the Public Ministry are addressed. , these protocols are made
considering the legislation of Guatemala and the Organic Law of the Public Ministry.
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3.6 Victim assistance offices
When harm is caused to a person, they are considered a direct victim, which can
produce various consequences for them, which is why it is necessary that they be
treated comprehensively and in a timely manner from the moment the crisis or other
conditions arise.
To this end, the justice institutions have established offices to assist the victim and
collateral victims, which are people who in one way or another have or have had a
direct relationship with the victim, or are economically dependent on the victim or who
suffered expenses or other situations to help her. Victims can go directly to the
institutions that provide this service to be assisted, or they can be assisted through an
inter-institutional referral.
The person who has had their fundamental rights violated such as life, physical
integrity, freedom, security, etc. They have the right to be restored and to ask for
justice.
Victims are considered as such, from the moment they are harmed in some way,
regardless of where the aggression comes from and whether it is from a family
member, known or unknown.
When victims cannot express what happened to them, we can take into account some
characteristics or symptoms to determine their degree of affection, some of them
being; that she is emotionally upset or in crisis with excessive crying, that she is very
depressed or downcast, that her expression reflects sadness, anguish, despair, that
she is apathetic or indifferent to what is happening around her, that she is withdrawn,
that there is a delay in her reactions, that she cries easily and laments, that she is
anxious.
From this arises the timely attention that a victim must receive, to which they have the
right, so they must be assisted comprehensively, with qualified multidisciplinary
personnel.
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In several justice institutions, there are victim assistance offices, better known as
Victim Assistance Office (OAV), these provide immediate attention to the victim, in a
timely manner, and they are also guided on the judicial actions to follow. .
The Victim Care Office of the Public Ministry is in charge of guiding victims in the
services provided by the Public Ministry for their comprehensive care, providing urgent
medical, social and psychological assistance as the case warrants, so it is integrated
by qualified personnel for these purposes.
Its main function is to provide comprehensive care to victims, determining the actions
to follow and creating a file in relation to the work carried out. A database will also be
created that contains information on other institutions that provide care to the victim,
so that if necessary they can be referred for care. If required, they must be referred for
a professional evaluation or special attention by a doctor, psychologist or social
worker, as the case may be.
They must clearly inform and explain to the victim their rights and the way in which
they will have to participate in the criminal action. They will provide effective support to
the victim during their intervention in the hearings in which their presence is required.
They will effectively coordinate the Referral Network and carry out crime prevention
plans focused on social groups, so that they avoid stigmatization of crime victims.
Among the activities to be carried out, the office will have to prepare monthly reports
to the District Attorney's Office on the efforts they have carried out during the care of
the victim.
District attorneys organize victim assistance offices to be responsible for providing

them with all the urgent and necessary information and assistance.
3.7 Comprehensive care model (MAI)

Office that is located in the Public Ministry and that carries out inter-institutional work,
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provides specialized care to the victim who was affected by a criminal act, damaging
them in some area of their personality. This office assists the victim in a timely manner
in order to compensate for the damages caused by the crime.
Comprehensive care is based on the following axes of intervention:

a. Psychotherapeutic care
b. Socio-family care
c. Psychiatric care (when the case warrants it).
d. Health care
e. Job training
f. Attention educational formal
g. Attention recreational and sporty
h. Attention spiritual
i. Attention legal
j. Basic services such as food, clothing and hygiene.
These axes address the basic needs and Human Rights that assist every person and
especially the victim. To provide comprehensive care, Institutions that have a Victim
Care Office must have qualified professional staff and the necessary supplies so that
their care is of quality and warmth.
The Victimological Care of the Public Ministry of the Republic of Guatemala, according
to the Comprehensive Care Model, is based on different moments of care, which
include a first care, where an observation of the physical and emotional state of the
victim will be carried out, to determine the assistance you need.
The victim will be provided with legal assistance by a legal professional, who will
determine and inform about the criminal actions to follow within the process, requiring
the victim to provide the documentation they consider pertinent.
The legal assistant must be aware of deadlines and must inform the victim of the
hearings where they will have to appear. All case information will be documented
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physically and digitally.
The assignment of cases will be carried out according to the shift role, so they must
be properly identified in order not to duplicate assistance and largely avoid
revictimization. After this, they will be assigned to the person who will appear as
responsible for the case. case, in subsequent proceedings.
In order to be assigned a case, the file must contain certain requirements such as:
•
•
Roadmap of actions carried out
•
Proof of income
Realization of case hypotheses
• Documentation containing interviews, requirements, procedures and other actions

carried out such as the comprehensive care received, legal advice, among others.
When the case is established as concluded by a final ruling, the challenge will be
carried out if it is considered necessary, by an appropriate professional team. This will
also inform whether the victim has withdrawn from the process, or his/her non-
participation in it.
The victim may also be assisted by the Emergency Call Center, with number 1571,
which operates nationwide 24 hours a day, every day of the year, providing
comprehensive and timely assistance in cases of eminent risk.
3.7.1 Victims of violence assisted by MAI

The prosecutor's staff attends to the victim, observing whether he or she is physically
or emotionally stable. If she is physically unstable, she will be treated at the medical
clinic of the Victim Care Office and once she is stable, the report will be taken.
If, when the victim is evaluated in the medical clinic of the Victim Care Office, it is
determined that the victim requires hospitalization or a major surgical procedure, the
office staff will coordinate the transfer of the victim to the facilities of the national
hospital network and The tax personnel will be in charge of following up on the case.
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If medical care is not available at the clinic of the Victim Care Office of the Public
Ministry, the transfer of the victim to the facilities of the nearest national hospital
network will be coordinated, so that they receive the care they need. The MAI fiscal
staff on duty will be in charge of following up on the case in coordination with fiscal
personnel in hospitals, if any.
If you are a victim of sexual violence within 72 hours after the incident occurred, you
must be treated at the OAV clinic if one exists, so that you can be provided with the
emergency medication kit that consists of antiretrovirals, emergency contraception,
antibiotics and vaccines; Otherwise, you will be referred to the nearest hospital
network facilities so that the aforementioned kit can be provided.
If the victim is a boy, girl and/or adolescent, the fiscal staff will communicate the case
to the PGN so that they appear at the hospital, then provide a copy of the complaint to
said institution. If there is no presence of the PGN at the scene, the prosecutor's staff
may take the victim's statement and carry out the corresponding investigations, based
on the Law on the Comprehensive Protection of Children and Adolescents, articles
213 and 241 of the Criminal Procedure Code. and articles 3 and 12 of the Convention
on the Rights of the Child.
If the victim is emotionally unstable, they will be treated by the OAV psychologist. After
the victim is stable, the complaint will be taken by the prosecutor's staff and the
corresponding investigative actions will be carried out. (Crime scene, protection of the
victim, testimony at the scene, etc.).
In accordance with the request of the fiscal staff, the psychologist will prepare the
psychological report for the purpose of care or for the purpose of evaluation. The
prosecutor's staff requests and refers the victim to INACIF, for medical-forensic
evaluation. The psychology, social work or medical personnel, if any, accompany the
victim to the INACIF.
The prosecutor's staff coordinates with the Specialized Criminal Investigation Division
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(DEIC) and the Directorate of Criminal Investigations (DICRI) to carry out the
corresponding investigative procedures.
The OAV psychologist refers the victim to an organization or institution in the local
Referral Network and follows up on care.
It is the responsibility of the fiscal personnel who refer the victim to hospitals and the
fiscal personnel of the hospital's fiscal agency, if any, to share the necessary
information, in order to guarantee care for the victim and follow-up on the investigation
procedures.
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Chart No. 1
CARE ROUTE FOR VICTIMS

VIOLENCE AGAINST WOMEN, SEXUAL CRIMES AND CHILDHOOD VICTIMS
OF
after 72 hours after the criminal act occurred
INAC ^Attorney
Trashada
den
MAI
Alenelón ktegrd model
IF M 8RIGHTS «
«HUMAN
veu by «I prescription
uncl of the Human Rights
t
of the victims
aa
Victims go to their
Municipality &
aM
o
PUBLIC MINISTRY
Cendia • Truth ■
Other»
instances
NGOs
Noofic
aa
P PeacePlay
authorities
REDVET
MOMIIMIM
Customer
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4079-3466
telephone
0 directly go to
OAV-PNC: 4024-3023
numbers
1555
The 3 REDM i .
docum ciuóÁb RA MUSOVI
ent is Sololá Department

reprinte
d and
printed
in the
format
of the
project;
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3
Chart No. 2
EMERGENCY CARE FOR VICTIMS

IN CASES OF SEXUAL OR PHYSICAL VIOLENCE THAT REQUIRES HOSPITALIZATION
less than 12 hours after the criminal act occurred
REDVET
Victims of crime go to the Health Center,
Network Against
Sexual Violence,
National Police Oi, Peace Courts, or other Expktackn 1
instances
Friendly
Clinic 7762-4121
7662-4122
yadomci
vaibergu Ministry 4079-3466
e Public:
INACIP. 5512-4133
PGN: 4997-4137
OAV-PNC: 4024-3023
PDH: 1555
Document written
and printed in
the hand of the Sololá Department
project.
3.8 Victim care route

It refers to all the steps that are carried out so that the attention to the victim is
adequate, and that the rights that assist them are protected, ensuring that the
attention is provided in the shortest possible time. Here all the actions, the care plans,
the way in which the information has been obtained in a given case are described. Its
efficiency will be measured in relation to the time the process lasts, establishing that
the shorter the time between the beginning and the end of the process, the better the
care provided.
The Care Route is developed under the following phases:
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First contact
Its main objective is for the Public Ministry Personnel to establish themselves as First
Contact, based on the Regulations for the Organization and Operation of the Victim
Assistance Offices of the District and Municipal Prosecutor's Offices, Agreement 74-
2004.
You must decide what type of care the victim needs, determine if they belong to the
Specialized Unit, and refer them, unless medical care must be provided urgently.
Establish appropriate or empathetic communication, making the victim feel
understood and in an environment of security, trust and privacy; where the dialogue is
conducive to asking what happened?, recording the victim's narrative in an adequate
and clear manner according to what he is telling, correctly writing down the general
identification data and analyzing the possibility of security measures to later make the
necessary necessary procedures.
In the First Contact, the differences between the victims must be addressed, such as:
the form of communication with the victim, which has a series of variables composed
of; particular differences such as sex, age, ethnicity, type of aggression, religious
beliefs, language, physical and psychological condition, state in crisis, assessment of
the risk that the victim runs and the type of security they need.
When the victim presents to the authority in a state of crisis, he or she presents
feelings and mood conditions that inhibit his or her ability to reason clearly and make
decisions to act in an organized manner. That is why the victim must be treated
respecting their dignity and rights, they must be emotionally stabilized and the steps to
follow in the process must be clearly explained to them so that they can make the
appropriate decisions and thus face the problem and overcome the damage. that
caused the crime.
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The Single Window is the place for First Contact, which is under the care of a Social
Work professional specialized in primary care, who will register the case and detect
the needs that are considered a priority to be attended to.
The Social Work professional can be replaced by a Psychology professional in cases

where necessary.
The Public Ministry has the responsibility of protecting the life, physical and emotional
integrity of crime victims, which is why it must value the type of care it needs. First
Contact is very important to determine aspects that the victim presents such as
anguish, ignorance, uncertainty, disorientation, desperation, fear, and if necessary,
the victim must accompany them to health services to be treated or stabilized.
It must be taken into account that the victim may not only present injuries from the
crime itself, but may also suffer damage caused by stressful situations that could have
occurred prior to other conditions related to the aggression suffered.
In the medical service, a thorough record must be made of clothing, injuries, bruises,
blood samples, vestiges and all physical elements that can be used in the
investigation of the facts and that can be useful in the criminal process. .
All actions carried out with the victim in the different services of the Public Ministry,
and prior to the victim's authorization, will be recorded in the documents
corresponding to the Public Ministry Information System (SICOMP).
The psychological assessment will be reported to the same system and information
will be provided on the emotional damage suffered by the aggression, establishing
spaces
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of care and a therapeutic plan will be designed in order to compensate for the
damages caused and generate therapeutic aid for the recovery and rehabilitation of
the victim.
People react differently to crimes and depending on what type of crime it is, it is
essential to make a careful, respectful and in-depth assessment of the psycho-
emotional state of the victim and their situation of vulnerability due to the experience.
3.9 Derivation Network

According to Rossotto ―This is the name given to the set of multidisciplinary
organizations, governmental, non-governmental, international organizations and
individuals or legal entities, from the different departments of the Republic of
Guatemala, that provide their support and specialized services to all victims.
People can request:

- Attentionpsychological and psychiatric
- Attentionimmediate medical
- advisoryand legal guidance,
- Preparation of socioeconomic studies and/or social reports‖ 61
The Referral Network has a directory to which the justice institutions that have a
Victim Care Office are directed, referring them for care in the area that is considered
necessary so that they are professionally and multidisciplinary assisted when care is
referred.
3.10 Restorative Justice

It seeks the restoration of the right affected by the criminal act that begins from
recognizing the victim as a person with all his circumstances as a subject of rights
against whom the criminal action fell, to the alternatives available for his social
reincorporation in order to enjoy or make use of the as soon as possible of the
affected right, to the extent that such reparation is humanly possible and, where
appropriate, compensation for damages derived from the commission of a crime.
61
ibid., p. 121
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It is up to the Prosecutor of the litigation, in the development of the debate, to produce
useful and relevant evidence to prove the damage caused to the victim, so that the
necessary evidence for this is presented at the dignified reparation hearing.
The Prosecutor must:
• Guide your actions to obtain evidentiary elements that prove the damage suffered
by the victim, whether physical, psychological, social and patrimonial, and the
treatments to follow to obtain complete, dignified reparation.
• At the hearing to offer evidence, the prosecutor will provide the evidentiary
elements that prove the damage caused by the crime and everything necessary to
quantify the material or immaterial damage necessary to discuss decent
reparation.
• Exercise the representation of the victim during the debate, in the accreditation of
the aspects related to reparation.
• In the event of a conviction, the prosecutor must actively participate in the hearing
scheduled by the sentencing court within the third day for the discussion of the
extremes of worthy reparation, providing useful and relevant evidence that has not
been evaluated during the criminal debate.
CHAPTER IV
4. THE GUATEMALAN CRIMINAL PROCESS
4.1 Definition
Binder, establishes that the criminal process "is the set of acts carried out by certain
subjects (judges, prosecutors, defenders, defendants, etc.), in order to verify the
existence of the assumptions that enable the imposition of a sentence, and, In the
event that such existence is proven, establish the quantity, quality and modalities of
the sanction.‖ 62
62 Morales, Sergio Federico. ―Practical Guide for Penal Clinics‖, Fifth Edition, Guatemala, 2015. P. 35
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Likewise, Binder also cites in his work: Manuel Osorio who indicates that the criminal
process is: "The one whose objective is to promote criminal prosecution when a fact
has the characteristics of a crime, which is why it pursues the investigation of this, for
the purpose of establish the actor who committed it, the imposition of the
corresponding penalty or the acquittal of the accused.‖63
From these approaches it can be determined that the Criminal Process through its
different stages allows judging a fact that may constitute a crime. To do this, identify
the victim(s) who are affected by the act. After this knowledge, the necessary
preliminary investigations will be carried out to find out the truth and the possible
perpetrator, providing evidence that will support the hypothesis that will be presented
to begin the case. criminal process and define responsibilities on the actor or actors of
the act, applying a sanction or penalty in relation to the seriousness of the crime, this
to compensate for the damage caused to the victim.
4.2 Purposes of the Guatemalan Criminal Process

Article 5 of the Criminal Procedure Code establishes the following for this purpose:
―The criminal process has as its objective the investigation of an act designated as a
crime or misdemeanor and the circumstances in which it could have been committed;
the establishment of the possible participation of the union; the pronouncement of the
respective sentence, and its execution.‖ Thus, the main purpose of the Criminal
Procedure is to determine through the investigation how the facts could have been
committed, to then establish who it directly affected, establish the participation of the
actor or actors in the act constituting a crime, to then determine what actions will be
taken to penalize the actor(s) through the execution of a conviction.
It is important to recognize that within the actions that are developed in the Criminal
Process, auxiliary sciences of Criminal Law are incorporated into its development,
such as Criminology, Criminalistics and Victimology, each of them from a different
approach and at separate times. which guarantee the effectiveness of the Process.
63 Loc. Cit.
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The present study aims to establish the differences between the auxiliary sciences of
Criminal Law as well as establish the participation and development of each of them in
the different stages of the Guatemalan Criminal Process, so that a correct distinction
is made of them and not be taken as similar sciences, because their field of action is
different as is their object.
Establishing a precise differentiation of these sciences, it is determined that at the

moment of knowledge of a criminal act, the science of Criminalistics begins its
contribution to the Criminal Process, with the beginning of the investigation as well as
through the analysis of evidence through scientific methods with special techniques
and mainly laboratory, to explain the phenomenon produced, thereby providing
evidence to the Criminal Process.
In this way, when the Criminal Process is developed in its first proceedings,
preparatory stage, intermediate phase and debate, Criminology contributes to
determining and analyzing criminal behavior and the deviation of its behavior in acts
that can be considered a crime, giving know the parts that make up the crime in order
to prevent, explain and control it, improving coexistence in family, work and social
relationships.
Within these scenarios, Victimology is presented, which cares for the victim who has
suffered harm either by action or omission. Its field of action is the victim of crime and
seeks to ensure that the care provided is comprehensive to minimize the damage
caused by the crime, seeking the restoration of their rights. It raises the need to
compensate for the damage through dignified and fair reparation to continue their life
project.
Within this framework, the development of the Criminal Procedure, as expressed by

Binder, “The victim or the injured party or the accused, as procedural subjects, have
the right to effective judicial protection. The procedure, by application of the principle
64
of due process, must respond to the legitimate claims of both.‖
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4.2.1 General Purposes of the Guatemalan Criminal Procedure
Their object within Criminal Law is the prevention of crime within societies as well as
the application of the law through an effective investigation of the criminal act and the
determination of the responsibility of the accused.
The general purposes of the Criminal Procedure are divided into:

a. Mediate purposes
They focus on the prevention of crime through the creation of systematized Public
Policies, for this purpose they use Criminology since this science is aimed at the study
of crime from a sociological approach, for this it studies the criminal and the reasons
that drive his crime. criminal behavior.
b. Immediate purposes
It tries to identify the individual who is presumed to have committed a crime,
investigating him and determining the degree of participation he had in the crime, to
later hold him responsible through the execution of a conviction, for all this it is
supported by the sciences of Criminalistics that With its different techniques it allows
the clarification of the truth, being more objective.
4.2.2 Specific purposes of the Guatemalan Criminal Process

It refers to the order and development of the Criminal Procedure, establishing the
procedure and deadlines determined in the Criminal Procedure Code as well as who
will participate, the functions they will perform and the stage in which they will act.
The specific purposes of the Criminal Procedure are:

a. The establishment of historical and material truth; through objective criminal
investigation by the investigating entity, using techniques and methods permitted
by law, at the time of collecting the evidence considered useful, relevant and
legitimate. (Persecution). Using the science of Criminalistics.
b. The individualization of the accused and his criminal behavior. (Intimation). Both
Criminalistics and Criminology are involved, the first using investigation techniques
to individualize the accused and the second determining the motives for criminal
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behavior.
c. The establishment of criminal responsibility. (Accusation and debate). Victimology
intervenes from the perspective of compensation for damage, with dignified
reparation for the continuity of your life project.
d. The imposition of a sanction (Sentence).
65
e. Control of non-compliance with that sanction. (Criminal execution).‖
4.3 Phases of the Criminal Process and application of Auxiliary Sciences
4.3.1 Preparatory or research phase

It refers to the preparation stage where the criminal investigation of an event by the
Public Ministry begins, under judicial control to determine if it constitutes a crime. It
aims to determine the circumstances in which it was committed and its importance for
the administration of justice, the participants and the identification of damages, it
supports the formal accusation, it is assisted by auxiliary sciences of Law such as
Criminalistics and Victimology by the damages caused to the victim, whether direct or
collateral.
4.3.2 Intermediate Procedure Phase

It is called that because it is developed within two stages, the intermediate procedure
and the debate, as its name establishes. The Public Ministry presents its requirements
to the Judge within the different stages of the process, ensuring that it is carried out
objectively and impartially to avoid dismissal or illegal closure.
4.3.3 Oral Trial or Debate Phase

This phase begins with the preparation, which is the moment where the Law
establishes that challenges and exceptions based on new facts can be filed within the
legal period. Here, evidence is offered to be completed within the debate whenever it
is legal evidence. and relevant, the legal framework is prepared to be developed within
the debate under precepts of legality. During the debate phase, all the pertinent
procedures and acts are carried out to reach the conclusion of the fact that is being
judged, with the continuous presence of the sentencing judges, the presence of the
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Public Prosecutor's Office, the accompanying complainant if any, accused, defender,
and the other parties such as experts, witnesses, technicians, etc., and then the Judge
proceeds to issue a sentence that corresponds by law.
4.3.4 Challenges Phase

In this phase, appeals or challenges are raised as procedural means through which
the modification of a judicial resolution, which is considered unfair or illegal, is
requested. This is presented before the court or tribunal that issued the resolution or
before a chamber of appeals or higher. Its purpose is to correct errors by judges or
courts and unify jurisprudence or the single interpretation of the law, in order to
provide legal certainty.
4.3.5 Execution Phase

In this phase, the final sentences are executed, to be executed they are transferred to
the executing judge, who can determine the deprivation of liberty, payment of fines,
carry out the respective disqualifications, or serve the sentence in a place established
for this purpose. , and all those measures established or applied in the sentence,
which are not susceptible to any appeal.
If the convicted person must serve a sentence of deprivation of liberty, the execution
judge will send the ruling to the prison where he must serve the prison, so that he can
proceed accordingly. If he is free, the judge will immediately order his arrest, to
proceed as ordered.
4.3.6 Dignified Repair Phase

―Professor Erick Juárez Elías in relation to this new procedure expresses:
―Reparation entails restitution, compensation, compensation and rehabilitation, as far
as humanly possible, of the victim (...) reparation should not be a simple abstract and
arbitrary pronouncement of those who judge, but on the contrary, a decision based on
data, evidence and perceptions to restore the conditions of the victims, prior to the
commission of the crime, assessing the impact that the content of the reparation may
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have in its future life.‖64
This phase is important from the point of view of Victimology, since as it develops, the
role of the victim within the Criminal Process is being assessed, which seeks through
a conviction to restore their inherent rights, as well as the restoration of the dignity that
was violated by the criminal act, ensuring that it can be comprehensive so that they
can join society again and continue with their life project that was interrupted.
64 Poroj Subuyuj, Oscar Alfredo. ― THE GUATEMALAN CRIMINAL PROCESS. The phases of:
Offering of Evidence, Debate, Execution and its recursive route”, Third Edition, Guatemala, Edit.
SIMER, 2012. P. 162 and 163.
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CHAPTER V
5. PRESENTATION AND DISCUSSION OF RESULTS

It is important to determine that the Criminal Process brings together all those actions that
are carried out in the investigation of a criminal act, where the rules that govern Guatemala
will be applied, respecting the supremacy of the Political Constitution of the Republic of
Guatemala, and taking into account that Those who operate in the justice systems must
carry out work with knowledge, objectivity and impartiality so that justice is served. It implies
that the processes are carried out from the beginning with good practices and use is made
of the resources and tools that the Auxiliary Sciences of Law currently provide, since these
will complement the proceedings and will also support the results of the research methods.
scientifically based.
Within Criminal Law, the actions that the auxiliary sciences contribute are confused, thus
making it necessary to determine the difference between Criminology, Criminalistics and
Victimology and the way in which they are incorporated into the Criminal Process, for which
an interview was carried out that was formulated with eight open and guided questions
specifically in relation to the research topic, to determine if these professionals know the
differences between Criminology, Criminalistics and Victimology and their scope of
application within the Criminal Process. They were consulted with five professionals from
Law and Criminal Investigation, distributed as follows: Two Criminal First Instance Judges
who work in the Criminal Sentencing Court for Crimes of Femicide and other Forms of
Violence against Women and Sexual Violence of the Judicial Branch of Quetzaltenango,
Two Fiscal Agents from the Public Ministry of Quetzaltenango and a DICRI Investigations
Technician from the Public Ministry of Quetzaltenango.
The questions raised in relation to the topic are the following: 1. Do you consider it
necessary for the Criminal Procedure to be supported by other sciences? Because? The
answers provided by the five professionals consulted establish that yes; since they are
essential because through them specific cases can be resolved and the existence of facts
classified as crimes can be verified and the person responsible can be identified, which
helps to explain the causes and the study of the relationship between the crime and the
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other factors that influence its commission, for the appropriate solution the judge must have
all kinds of inputs to adequately resolve a criminal process. It is essential because through
support from other sciences and experts it is possible to establish the truth in evidence such
as DNA, ballistics and expert, medical, psychological opinions, among others. Because from
other sciences there will be more inputs, elements, knowledge for the clarification of facts
that are investigated, by the prosecutor and useful for the courts and the accused
themselves. The support of these sciences is necessary since it is the cornerstone of
criminal investigation in Guatemala. Therefore, the use and application of auxiliary sciences
in the Criminal Process is essential since they allow specific cases to be resolved by
explaining the causes of the crime and its relationship with other factors that influence its
commission. These sciences, as established, provide useful elements and knowledge that
are of great help to those involved in the development of the Criminal Process.
Taking into account the above, it can be determined that the Auxiliary Sciences of Law that
have recently been incorporated into the Criminal Procedure are necessary since with their
specific knowledge they give greater lucidity to criminal acts and allow scientific clarification
of situations that cannot be judged only by assumptions or presumptions. Since, due to the
rights of both victims and perpetrators, the facts must be judged objectively and with well-
founded logical reasoning, so that there is legal certainty when issuing a sentence.
In relation to question number two, what auxiliary sciences are the most used in the tasks
that you perform in your workplace? They responded: that the auxiliary sciences most used
in their jobs are:
• Forensic Medicine
•
•
Forensic psychology
•
Documentoscopy
•
Graphology
•
Toxicology
•
Lophoscopy
•
Forensic Genetics
biology
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•
•
Chemistry
Special expert reports
According to the above, it can be established that Criminalistics does have direct
participation in the Criminal Process, due to the results obtained with the use of its scientific
research methods and techniques, demonstrating and explaining how the facts of a criminal
phenomenon occurred and the possible results of the same, with which the author or
authors of the crime can be identified or even in special cases, it will allow the victim to be
identified.
Mention was also made of the use of Criminology but it was not explained in what way, no
mention was made of Victimology, this is understood because there is no separation or
differentiation of their application in the development of the Criminal Process.
In question three, the question is asked: What is the difference between Criminology,
Criminalistics and Victimology? They respond that the difference between the auxiliary
sciences under study in this research, for the five professionals, consists of: Criminology; It
studies the criminal and the factors that influence him to commit a crime, which is a criminal
science that is responsible for analyzing the crime and its causes, as well as the criminal
and the acts he commits. That it is supported by other sciences such as Psychology and
that is very theoretical, in addition to studying atypical behaviors. Although all of the above
reflects a basic or essential knowledge of science, it is important to mention that
Criminology makes an important contribution to the Criminal Process, since it exposes the
motives that the criminal has to commit a crime and on this establishes Public Policies. of
State that prevent future criminal acts.
About Criminalistics; It is conceptualized that it studies the way in which the crime is
committed, that through its scientific knowledge it verifies criminal acts and the evidence
thereof, which will serve to verify them, for which its purpose is fulfilled by presenting them
to justice, which is based in science to establish a criminal act, and which is the processing
technique. Although what is stated by the professionals is related to some of the objectives
of Criminalistics, it must be determined that it has a more scientific nature, is methodical and
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precise, since it is based on verifiable facts and not on assumptions, answering the basic
questions of any investigation such as: What happened? How did it happen? When did it
happen? Where did it happen? and most importantly, who did it? By satisfactorily resolving
these questions, the investigation will be successful and, as a consequence, the clarification
of the fact will be evident to the judge.
Victimology expresses; It studies the victim, the consequences in which he suffers after the
crime committed against him, as a science it is responsible for the study of everything
related to the victim, it is one that takes the victim as the center of the process. Which are
phenomena, elements, characteristics and damages to the victim. In itself, direct but
somewhat imprecise concepts are expressed, since in itself, Victimology addresses the
study of the victim of a crime in their total personality, from the biological, psychological,
moral, social and cultural area and the possible relations with the perpetrator within the
criminal act, to restore his dignity or the damage caused so that he can continue with his life
project which has been damaged.
In this third question, a Fiscal Agent of the MP establishes that he does know the difference
between the auxiliary sciences under study, but does not establish what they are. With this,
a definition has been provided for each auxiliary science of Law but the difference has not
been established by the professionals consulted, so it must be determined, being that the
difference in the field of action is that Criminology as a science empirical, it deals with the
study of behavior and crime prevention, Criminalistics is a science of a scientific nature, it is
applied in the field of research and Victimology comprehensively serves the victim to restore
their rights and dignity throughout their development. of the Criminal Process.
In question number four, what is the field of action of Victimology? The professionals
responded, which is within the sphere in which the victim is immersed, helping them to
overcome the damage suffered or its consequences. That the study focuses on the victim
who, as a procedural subject, must be on equal terms before effective judicial protection. It
deals with knowledge of the processes, victimization and how a person becomes a victim
and can be primary, secondary or tertiary and the prevention and reduction of victimization.
And as its name refers, its element or essence is the person to whom damage has been
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caused to some protected legal asset. Who are the victims, aggrieved, affected. Concepts
expressed only in relation to the victim, without mentioning the scope of application; which is
the place where support is being provided to the victim, therefore each one had to respond
about the offices or units they have in the workplace and the care they provide to the victim.
In this case, the field of action is determined differently depending on the Institution, for
example in the Public Ministry, the first assistance is provided in the Victim Assistance
Office (OAV), within the Judicial Branch in the Specialized Bodies, The attention to the
victim is provided by the Comprehensive Care System (SAI), as well as the National Civil
Police, which provides this attention to the victim.
Question number five was asked: What relationship do the auxiliary sciences of
Criminology, Criminalistics and Victimology have with the Guatemalan Criminal Process? To
which they responded that they help determine which facts are true, supporting the judge to
issue a sentence in accordance with what is recorded in the development of the process.
The ruling in favor of the victim can be a type of dignified reparation. That they have a close
relationship, since criminology with the application of investigation techniques on the
criminal act helps the jurisdictional body to establish who could commit the crime, while
criminology, as noted in question 3, identifies what corresponds to the procedural subjects;
victim, perpetrators of the crime, verifying authenticity of collected evidence. Since the victim
is a vitally important procedural subject, he or she must know in depth about it, a situation
that is achieved through this science. Both sciences are related and criminologists prevent
and reduce crimes, criminology tries to determine how the crime was committed and
victimology analyzes the victimization and situation of the victim. They study the participants
in a criminal act, both active and passive subjects, and the causes of the criminal act. And
they are auxiliary sciences. This establishes that there is a close relationship between the
two, since they help the jurisdictional bodies to establish who committed the crime, and they
also talk about reparation to the victim. In this sense, the relationship does exist between
these sciences and they are necessary within the Criminal Procedure to specifically
determine the following:
• Conduct an efficient investigation.
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• Determine criminal conduct of the offender to establish the penalty or sanction.
•
•
Provide comprehensive care to the victim and compensate them with decent reparation.
•
Carry out public policies that focus on crime prevention.
Make appropriate criminal profiles.
When consulting question number six, do you know the tools that these auxiliary sciences
contribute to the Guatemalan Criminal Process? If your answer is yes, mention three of
them. The professionals consulted respond:
•
•
Finding out the truth
•
Framing criminal behavior
•
Provide psychological support
•
Victimology
•
Forensic Medicine
•
Psychology
•
Forensic Psychiatry
•
Documentoscopy
•
Lophoscopy
•
Determination of signs of violence
•
Determination of types of solutions used
•
Determination of source of origin
•
Profiling of the accused and aggrieved
•
Research methodology
Description and explanation of scientific methods
However, it is important to note that the DICRI Investigations Technician of the Public
Ministry reports that he does not know the tools provided by auxiliary sciences, knowledge
of them being important in his workplace, since they are used daily in the same place. .
The auxiliary sciences that contribute their knowledge to the Criminal Process are varied
and widely classified. With their proper use, several questions can be resolved and
guarantee effectiveness in the application of justice. In question number seven: How is
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Criminology, Criminalistics and Victimology applied in the development of the Criminal
Process?, they answer: that they are applied to determine whether the facts stated
correspond or can be proven with the means of conviction available. It must be taken into
account that the purpose of the criminal process is to obtain the truth; these three sciences
are necessary for judges. That these sciences cooperate to establish the truth and the
execution of criminal precepts and provide a scientific argument regarding iter criminis.
Which is through the attention that is provided from the presentation to the victim from the
presentation of the complaint and the completion of the investigation until reaching the
sentence. And that is at a technical level in a diachronic and synchronic way.
The majority of professionals respond again with generalities of the sciences, but do not
describe at what procedural moment they are applied, since Victimology is applied from the
beginning of the criminal process; with the introductory acts until the victim's compensation
and dignified reparation. Criminalistics is applied from the processing of the crime scene,
then in the preparation of expert reports that constitute elements of conviction in the
preparatory stage, to then be evaluated as means of evidence in the intermediate stage and
finally they will be qualified and analyzed. as evidence in the debate with which the
sentence issued, whether conviction or acquittal, will be based. And Criminology is used
from the investigation of the criminal act to determine what was the motive and the trigger
that caused the crime to be committed, then it will be used in the development of public
policies that will serve to prevent crime.
When asked in question eight about: Have you used the auxiliary sciences described in your
job? Explain for what specific case. They responded:
• Yes, in cases of violence against women, rapes and femicides, to analyze the evidence
and give them probative value or not.
• Yes, victimology, violence in its different manifestations, such as rapes and sexual
assaults, femicides in a tentative degree.
• In all cases since they are essential auxiliary sciences to clarify a criminal act.
• Cases of crimes against life, for example homicides, murders. Cases against the
integrity of persons, for example, negligent injuries, minor injuries, serious injuries.
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• Murders, rapes, attempted murders, extortions, kidnappings.
As you can see the auxiliary sciences of Law; Criminology, Criminalistics and Victimology
are closely related to the Criminal Process and are applicable in its development, each
contributing their knowledge, thereby marking a difference between the application of justice
based on scientific conviction and not due to presumption, since it clarifies facts. and
circumstances that affect victims due to conduct that is restricted by law.
Given the results of the field work and after carrying out a documentary analysis on the
different conceptualizations of the auxiliary sciences of Criminal Law, it is determined that
understanding the difference between them and through the correct application of their tools
in the Criminal Process will make the work more efficient. and justice will be properly
applied.
It is then concluded that taking into account the general objective of the present
investigation, which refers to determining the field of action of Criminology, Criminalistics
and Victimology as auxiliary sciences of the Guatemalan Criminal Process, it was possible
to establish that according to the responses provided by the professionals consulted, no
differentiation is made at the time of application of the aforementioned sciences, but they
are used in the development of the Criminal Procedure, making good use of each of them,
establishing that they are very useful for their work, since they They complement and allow
access to justice.
The research responded to the three specific objectives outlined, the first objective being to
determine the difference between the difference between Criminology and Criminalistics in
the field of action, a difference that was fully established by the professionals consulted,
since they stated that Criminology studies the reasons that the criminal had to commit the
crimes, while Criminalistics provides tools for the investigation of a criminal act and for the
identification of the criminal.
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The second specific objective; establish the importance of Victimology in the Guatemalan
Criminal Process, it was established that for the professionals consulted it is of utmost
importance, since it assists the victim to repair the damage suffered, providing effective
judicial protection and that takes care of the knowledge of the victimization processes in
their three phases, primary, secondary or tertiary, all to return or compensate the victim for
the damage that was caused.
The third and last specific objective proposed, describe the relationship that the auxiliary
sciences of Criminal Law have within the Guatemalan Criminal Procedure, determining that
they are closely related since the auxiliary sciences allow clarifying the events that occurred,
allow providing the means of conviction or evidence, for the clarification of the truth since
they provide scientific argumentation regarding iter criminis.
Allowing an affirmative answer to the research question posed at the beginning of this
investigation: Is there a difference between Criminology, Criminalistics and Victimology as
auxiliary sciences of Law in the application of the Guatemalan Criminal Process? Since
through the documentary analysis carried out and the professional consulting through a
semi-structured interview, it can be stated that there is a difference between each science,
but that each of them complement each other when applied during the development of the
Guatemalan Criminal Process, since that with the information that each of them provides, it
is possible to identify the reasons for the commission of criminal acts, so that they can be
carried out. criminal investigations, for
individualization of the offender and victims and for the compensation or dignified reparation
of victims.
This is how the auxiliary sciences of Guatemalan Criminal Law are used by the different
Justice systems, understood as follows: Criminology, in the Public Ministry within the Public
Policies unit, study of crime scenes and in Penitentiary Centers; for the application of
sanctions and social reintegration methods, in the Public Criminal Defender's Office, for
knowledge of criminal profiles for their defense strategies.
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Criminalistics is used by the Public Ministry within the investigation phase supported by the
National Institute of Forensic Sciences of Guatemala, who carry out special expert reports,
according to the requested specialty, then the Judicial Branch will analyze said expert
reports to verify their findings. hypotheses and the elaboration of scientifically based
sentences.
Victimology will be applied from the knowledge of the criminal act in the Public Ministry, with
attention to the victim, who will have support throughout the Criminal Process, assisted by
professionals in social, psychological and medical areas, these being the three fundamental
axes. , to guarantee their physical, emotional and social stability, which must also be
attended to by the Judicial Branch and INACIF.
Thus, if the Auxiliary Sciences of Criminal Law are used appropriately by justice operators,
they will guarantee the effectiveness of Criminal Processes in Guatemala.
5.1 Comparison Chart

Auxiliary Sciences of the Guatemalan Criminal Procedure
Criminology Criminalistics Victimology
He study social The scientific research of a Study the victim in different
constitutive of the crime, made scenarios,
Study Object
from a approach supposedly criminal, either at for an action or omission

strategic the scene of the incident or in that has affected their
other scenarios to be integrity,
and established.
sociological. physical,
Prevent, explain Identify, get up, Repay or compensate the
and safeguard and study the victim for that
control crime. material sensitive Continue with your life
End
significant (indications), in project.

order to establish its origin
and the author(s) of the event
that occurred.
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4
scientific method to throughUse protocols of
• criminological. of attention providing:
• • •
Interview
Exam doctor Observation Crisis care
•
of the
forensics of the
Psychological
evaluation.
•• problem
Approach
Formulation
of
•• and therapeutic.
Psychological
Attention
hypothesis familiar.
• Social study. • Experimentation • Psychiatric care
•
(when the case
••
warrants it.)
Principle duly
Health care.
checked
• Job training.
Attention
educational
formal.
• Recreational and
•
sports care.
Spiritual attention.
Study the offender,

Action fieldMethodology Used
determine the reasons

he had for committing
the crime, and his
antisocial behavior,
through
PABLO ANDRÉS AVILA RODAS 1
PABLO ANDRÉS AVILA RODAS 2
AUTHORITIES OF THE RAFAEL LANDÍVAR UNIVERSITY 3
AUTHORITIES OF THE FACULTY OF LEGAL AND SOCIAL SCIENCES 3
TERNA THAT PRACTICED THE EVALUATION 3
QUETZALTENANGO CAMPUS AUTHORITIES 4
“ Rafael Landívar..........5
Lie. Francisco Rubén Cotton 5
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5
Print Order.............6
Summary..........14
INTRODUCTION 1
CHAPTER I.......5
1. CRIMINOLOGY 5
1.1 Definition5
1.2 Background of Criminology 6
1.3 Importance of Criminology 7
1.4 Factors that influence criminal behavior 8
1.5 Object of Criminology 10
1.5.1 The crime 10
1.5.2 The offender 11
1.5.3 The victim 11
1.5.4 The social control of deviant or criminal behavior 12
1.6 Methodology applied to Criminology 12
1.7 Criminological profile as a tool of Criminology 15
1.7.1 Types of criminal profiles 15
a. Profile of known aggressors or inductive method: 15
b. Profile of unknown aggressors or deductive method: 16
1.7.2 Profile methodology 16
a. Crime scene16
b. Geographic profile 17
c. Modus operandi 18
d. The signature18
e. Victimology19
1.8 Criminal Policy 20
1.8.1 End of criminal policy 21
1.8.2 Object of criminal policy 22
CHAPTER II. . .22
2. CRIMINALISTICS 22
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2.1 Definition23
2.2 Origin and evolution of Criminalistics 25
2.3 Purpose of Criminalistics 27
2.4 Seven determining questions of Criminalistics28
2.5 Objectives of Criminalistics 28
2.5.1 Material objective 28
2.5.2 General objective 29
2.5.3 formal objective 29
2.6 Classification of Criminalistics30
2.7 Auxiliary sciences, disciplines and expert laboratories related to criminology
31
2.8 Difference between Criminalistics and Criminology 32
2.9 Principles of Criminalistics 33
2.10.1 Crime scene 33
2.10.2 Parts of the crime scene 35
2.11 Importance of research 35
2.12 Crime scene contamination 36
2.13 Scientific method in Criminalistics 37
• Duly proven principle (Possible solution) ‖. 48 39
2.14 Criminalistics Science applied in the Guatemalan Criminal Process 39
CHAPTER III. .40
3.1 Definition40
3.2 Victim...41
3.2.1 Victim Classes 43
3.2.2 Victims according to people 43
3.2.3 Victim according to guilt 44
3.3 Victimization 44
3.4 Vulnerability Factors 45
3.5 Victim care protocols 47
3.6 Victim assistance offices 47
3.7 Comprehensive care model (MAI) 49
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3.7.1 Victims of violence assisted by MAI 51
Chart No. 1.......54
3.8 Victim care route 55
First contact.....56
3.9 Derivation Network 58
3.10 Restorative Justice 58
CHAPTER IV..59
4.1 Definition59
4.2 Purposes of the Guatemalan Criminal Process 60
4.2.1 General Purposes of the Guatemalan Criminal Procedure 61
a. Mediate purposes 62
b. Immediate purposes 62
4.2.2 Specific purposes of the Guatemalan Criminal Process 62
4.3 Phases of the Criminal Process and application of Auxiliary Sciences
63
4.3.1 Preparatory or research phase 63
4.3.2 Intermediate Procedure Phase 63
4.3.3 Oral Trial or Debate Phase 63
4.3.4 Challenges Phase 64
4.3.5 Execution Phase 64
4.3.6 Dignified Repair Phase 64
CHAPTER V...66
5. PRESENTATION AND DISCUSSION OF RESULTS 66
CONCLUSIONS80
RECOMMENDATIONS 82
REFERENCES 82
Bibliographical 82
Electronics.......86
Regulations......86
ANNEXES.......87
personality, social relationship and behavior
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certain
criminals.
It is applied from the
processing of a scene, in
criminal investigations
through the collection of
evidence that must be
analyzed to his
later
incorporation into the
criminal process, since
these expert reports will
contribute to
the
formulation
conclusions made by the
judge when they are
already qualified and
valued as legal
evidence.
It must be present at all
times of the victim's
actions through the
comprehensive care
provided to a person
considered victim
direct or collateral of a
criminal act, to be
returned in
their
rights and request the
corresponding justice,
based on the proven
damages.
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Try to establish why the It studies the evidence found worthy.
criminal acted that way within the crime scene to
and what damage he or present it as evidence
Differences
she could have caused during the development of It is up to the prosecutor

on a personal or social the criminal process, which of the litigation, in the
level. is scientifically covered. development of the
debate, to produce useful
and relevant evidence to
prove the damage caused
to the victim, so that the
It establishes the necessary evidence for
biological causes of a Find, preserve and avoid this is presented at the
Application within the Process Importance within the Process
social nature, depending contamination of the dignified reparation

on the perpetrator and evidence found; since after hearing.
the damage caused to being analyzed they become
the victim and collateral means of evidence to be
damage due to criminal qualified within the Oral Trial
behavior. Allows criminal or Debate.
profiling. It seeks the restoration of
the right affected by the
criminal act that begins from
recognizing the victim as the
Presentation of the person against whom the
Guatemalan PrisonPenal
complaint, attention action fell. or omission

comprehensive, legal criminal.
advice development of
the stages of the The prosecutor must direct
criminal process. his actions to obtain
Criminology is based on evidence that proves the
scientific studies to damage suffered by the
determine how and who victim, whether physical,
the author of the crime psychological, social and
was. patrimonial, and the
treatments to be followed to
obtain his
complete repair
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CONCLUSIONS
I. The Guatemalan Criminal Process currently relies on the auxiliary sciences of

Criminal Law, the most widely applied being Criminology, Criminalistics and
Victimology, which contribute their knowledge throughout the development
process, allowing judges to dispense justice from a scientific perspective
providing legal certainty, objectivity and impartiality.
II. It is established that it is necessary for those who work as justice operators in
different jobs to have the necessary knowledge in relation to the sciences they
rely on, so that the procedures they carry out are appropriate and suitable for
the investigation of criminal acts. , being clear about the differences between
each auxiliary science and the appropriate time to use them.
III. The State of Guatemala, as guarantor of the Human Rights of its inhabitants,
must make use of Criminology to determine the reasons that lead to the crime
and that affect the protected legal rights of the people, analyzing the factors
that influenced criminal behavior, in order to prevent them. and sanction them
in accordance with the current regulations that govern the country, through the
creation of State Criminal Policies that resolve the criminal problems facing the
country.
IV. Justice operators, and especially those dedicated to the criminal investigative
field, must make use of the tools provided by Criminalistics, so that the
contribution of evidence incorporated as a means of proof to the Criminal
Process and expert reports, which clarify specific issues that They arise while
the process is developing, to verify the proposed hypothesis of a criminal act.
V. Victimology is not used throughout the Criminal Process, and is important to

provide comprehensive care to the victim. In addition, it must be assisted by
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suitable professionals trained in specific areas such as social, psychological
and medical, these being the three fundamental axes. that guarantee the
psycho-bio-social stability of the victim who has been damaged by a criminal
act, interrupting their life project.
VI. The results of the field work determine that Law and Criminal Investigation
professionals have knowledge of the terminology consulted but do not make a
clear differentiation of its incorporation in the Criminal Process, although it was
established that they make use of auxiliary sciences such as Criminology,
Criminalistics and Victimology in their area of work.
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RECOMMENDATIONS
I. Establish as a support tool the comparison table presented in Chapter V, on the

auxiliary sciences of the Guatemalan Criminal Procedure, since it makes a clear
differentiation of aspects that each of the auxiliary sciences establishes, these
being its object of study. , purpose, methodology, field of action, importance,
and its respective application within the criminal process, allowing the work of
justice operators to be guided and made more efficient.
II. Provide training to the personnel of the different units that make up the justice
institutions, so that they can make use of the auxiliary sciences on which Law
relies, to improve and make the results of their work more efficient.
III. Constantly update yourself on the innovations that occur in the auxiliary sciences
that support the Criminal Process, so that your contributions are useful when
dispensing justice.
IV. Analyze the information obtained from criminal investigations to design Public
Policies in accordance with the national reality of the country.
V. Carry out criminal profiles with a view to preventing similar criminal acts, as part
of crime prevention, since Guatemala is guided by profiles carried out in other
countries which do not correspond to the national context.
VI. Recognize the importance of the auxiliary sciences Criminology, Criminalistics

and Victimology, from the beginning of the investigation of a crime to the
issuance of a sentence.
REFERENCES
Bibliographical
1. Almaraz, José. The offender. Mexico. Porrúa Editorial. 2000.
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2. Alonso Pérez, Francisco. Introduction to the Study of criminology. Madrid Spain.
Editorial Reus, SA Library of Criminology and Criminalistics. 1999.
3. Bacigalupo Z. Enrique. Manual of Criminal Law. Colombia. Third edition. Edit
Themis. 1996.
4. Bello Lozano, Humberto. Evidence Law. Venezuela. Volume I and II, Maxcamber
Editorial. 1996.
5. Berinstain, Antonio. Criminology; victimology and prisons. Colombia. Javeriana
Cultural Foundation Editorial. 1996.
6. Cabrera Forneiro, José, Crime and Punishment: forensic investigation and
criminology. Spain, Edit. Encuentro S Editions. A., 2010.
7. Cafferata Nores, José I., Evidence in criminal proceedings. Buenos Aires,
Argentina. Depalma Editions, 1997.
8. Casell López, Magaly and others. Criminology. Cuba. Edit Felix Varela, 2005.
9. Coria Monter, Paulo Roberto. Introduction to Field and Laboratory Criminalistics.
Mexico. 2013.
10. Dedik, Corinne. The Guatemalan Penitentiary System – A Diagnosis. Guatemala.
Edit HUNDRED. 2011.
11. Díaz de León, Marco Antonio. Treaty on criminal evidence. Mexico. Editorial
Porrúa SA 2005.
12. Dictionary of legal terms in Spanish Lexénesis. Mexico Editorial
Lexenesis. 2005.
13. Doreh, Erich. The test, its practice and appreciation, Buenos Aires, Argentina.
Legal Editions Europe-America. 2003.
14. CCI Encyclopedia. Criminalistics, Criminology and Investigation. Volume I.
Colombia. Sigma Editors. 2010
15. Fernández Pereira, Julio and others, Criminalistics. Cuba, Edit. University, 2003.
16. Florián, Eugenio. Elements of criminal procedural law. Barcelona, Spain. Bosch
Publishing. 1997.
17. Fuentes, Ariel E. Criminalistic investigation techniques. Britain. Edit Amazon.co.uk.
2013.
18. Furno, Carlo. Theory of legal proof. México, Editorial Obregón y Heredia SA 1995.
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4
Federal Mexico.
19. García-Pablos De Molina, Antonio. Criminology Treatise. Volume II. Argentina.
Edit Rubinzal – Culzoni. 2009.
20. Garmabella, José Ramón. Doctor Alfonso Quiroz Cuarón: His best criminology
cases. Mexico. 1982.
21. Garrido, Vicente. Criminal Profiles. Spain. Edit ePub, 2012.
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Graphic Printing Center. 2013.
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Mirna Mack. 2003.
24. Göppinger, Hans. Criminology. Spain. Edit REUS, SA, 1975.
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R. 2008.
26. Kury, Helmut, Gordon, Liliana and Others. Victimology, studies on victimization.
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27. López Calvo, Pedro and Pedro Gómez Silva, Criminal and Forensic Investigation,
Bogotá, Colombia. Second Edition, Editorial Temis SA, 2000.
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30. Martí Guillo Eduardo. Compendium of Criminalistics. Fingerprint Guatemala.
Volume II. Editions. Guatemala. 2013.
31. Mata Vela, José Francisco and Héctor Aníbal de León Velasco. Guatemalan
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32. Montiel, Juventino. Criminalistics. Aconcagua, Argentina. Rock Editions. 2000,
33. Montiel Sosa, Juventino, Criminalistics, Volume I and II, Mexico. Limusa
Publishing House, 1996.
34. Mora Izquierdo, Ricardo and María Dolores Sánchez Prada. Physical evidence
and the chain of custody in the Accusatory procedure. Bogota Colombia. Graphic
Editors, Colombia Ltda. 2007.
8
5
35. Morales, Sergio Federico. ―Practical Guide for Penal Clinics‖, Fifth Edition,
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36. Muñoz Conde, Francisco. General Theory of Crime. Spain. Edit Tirant. 1989.
37. Oliva Ruiz, Elena and María Evelin Robles García. The Expression of Clinical
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Edition, Guatemala, Edit. SIMER, 2012.
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Guatemala.2nd. Ed. Cardenas Editions. 2006.
43. Reyes Calderón, José Adolfo and Rosario León-Dell. Victimology. Guatemala,
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44. Reynoso Dávila, Roberto. Notions of Criminology. Mexico, Edit. Porrúa. 2010.
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46. Rodríguez Manzanera, Luis. Victimology. Mexico. 4th. Ed. Edit Porrúa, 1998.
47. Romero Soto, Julio. Judicial psychology and forensic psychiatry. Bogota
Colombia. Presencia Publishing House, 1973.
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Edit. DYKINSON, SL 2011
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Electronics
1. Jiménez Serrano, Jorge. Psychology – Online, Criminal Psychological Profile,
Spain, 2018. Availability and access: https://www.psicologia-online.com/el-perfil-
psychologico-criminal-2600.html , date of consultation: August 30, 2018.
Regulations
2. Penal Code, Congress of the Republic of Guatemala, Decree 17-73.
3. Criminal Procedure Code, Congress of the Republic of Guatemala, Decree 51-92.
4. Political Constitution of the Republic of Guatemala, National Constituent
Assembly, 1985.
5. Declaration on the fundamental principles of justice for victims of crime and abuse
of power, United Nations Human Rights, General Assembly, 1985.
6. Law of the National Civil Police, Congress of the Republic of Guatemala, Decree
11-97.
7. Law of the Judicial Branch, Congress of the Republic of Guatemala, Decree 2 89.
8. Organic Law of INACIF, Congress of the Republic of Guatemala, Decree 32 2006.
9. Organic Law of the Public Ministry, Congress of the Republic of Guatemala,
Decree 40-94.
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ANNEXES
INTERVIEW MODEL FOR PROFESSIONAL OPINION
Rafael Landívar University

Quetzaltenango Central Campus Faculty
of Legal and Social Sciences
Bachelor's Degree in Criminal and Forensic
Investigation
Subject of study
“Criminology, Criminalistics and Victimology as auxiliary sciences of the
“Guatemalan Criminal Process”
General information
Place and date: _____________________________________________________
Age: ________________________________ Sex: _________________________
Profession: ________________________________________________________
Job: ______________________________________________________________
Institution where you work: ____________________________________________
Questions:
1. Do you consider it necessary for the Criminal Procedure to be supported by other

sciences? Because?
2. What auxiliary sciences are most used in the tasks you perform in your workplace?
8
8
3. What is the difference between Criminology, Criminalistics and Victimology?
4. What is the field of action of Victimology?
5. What relationship do the auxiliary sciences of Criminology, Criminalistics and

Victimology have with the Guatemalan Criminal Process?
6. Do you know the tools that auxiliary sciences contribute to the Guatemalan
Criminal Process? If your answer is yes, mention three of them.
7. How is Criminology, Criminalistics and Victimology applied in the development of

the Criminal Process?
8
9
8. Have you used the auxiliary sciences described in your workplace? Explain for
what specific cases.
9
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RAFAEL LANDÍVAR UNIVERSITY

FACULTY OF SOCIAL AND LEGAL SCIENCES

"CRIMINOLOGY, CRIMINALISTICS AND VICTIMOLOGY AS

AUXILIARY SCIENCES OF THE GUATEMALAN CRIMINAL PROCESS."

PABLO ANDRÉS AVILA RODAS

QUETZALTENANGO, JANUARY 2020

"CRIMINOLOGY, CRIMINALISTICS AND VICTIMOLOGY AS

AUXILIARY SCIENCES OF THE GUATEMALAN CRIMINAL PROCESS."

WORK PRESENTED TO THE COUNCIL OF THE FACULTY OF

PRIOR TO BEING CONFERRED

QUETZALTENANGO, JANUARY 2020

AUTHORITIES OF THE FACULTY OF LEGAL AND SOCIAL SCIENCES

DEAN: DR. HUGO ROLANDO ESCOBAR MENALDO

VICE DEAN: MGTR. HELENA CAROLINA MACHADO CARBALLO

SECRETARY: LIC. CHRISTIAN ROBERTO VILLATORO MARTÍNEZ

NAME OF GRADUATION JOB ADVISOR

TERNA THAT PRACTICED THE EVALUATION

CAMPUS DIRECTOR: Q. MYNOR RODOLFO PINTO SOLIS, SJ

DEPUTY ACADEMIC DIRECTOR: MGTR. NIVIA DEL ROSARIO CALDERÓN

DEPUTY DIRECTOR OF MGTR. MAGALY MARIA SAENZ GUTIERREZ

DEPUTY ADMINISTRATIVE MGTR. ALBERTO AXT RODRIGUEZ

Mgtr. Nelly Betzabé De León Reyes

Without further ado I subscribe to you.

Lie. Francisco Rubén Cotton

Lie. Francisco/Rubén Cottón

Land ívar Tradlicón Jesuit in Guatemala

LEGAL AND SOCIAL SCIENCES

DNA Deoxyribonucleic acid

The auxiliary sciences of Law such as Criminology, Criminalistics and Victimology

The research developed entitled "Criminology, Criminalistics and Victimology as

Chapter I , contains general concepts about Criminology, as a science that focuses

Chapter II describes the science of Criminalistics, which uses investigation methods

According to Manzanera, criminology "is conceived as a synthetic science, both

1.2 Background of Criminology

As described by the great exponents of Criminology; The causes of crime were of an

The end of criminal evolution lies from its origins in:

a. ―Physiognomy and phrenology‖6 ; applies the terms good to people with

1.3 Importance of Criminology

1.4 Factors that influence criminal behavior

1.5.1 The crime

1.5.2 The offender

1.5.3 The victim

1.5.4 The social control of deviant or criminal behavior

1.6 Methodology applied to Criminology

The fundamental methods on which criminal investigation is based are:

• The criminological interview; which is done to know the subject directly.

The application of these techniques will allow comprehensive knowledge of the

Three times are thus determined to apply this clinical-criminological process or

a. Diagnosis: ―It is to specify the degree of danger of the particular subject.............

d. Treatment: ―Set of elements, norms and techniques that are required to

1.7.1 Types of criminal profiles

a. Profile of known aggressors or inductive method:

21 Garrido, Vicente, Criminal Profiles, Spain, Edit. ePub, 2012. P. 15

b. Profile of unknown aggressors or deductive method:

1.7.2 Profile methodology

It is necessary to gather a series of information regarding your home, education,

1.8 Criminal Policy