Guatemala’s Congress has formally taken up President Bernardo Arévalo’s veto of proposed changes to pre-trial detention, leaving lawmakers to decide how to proceed with a measure intended to alter when defendants can be held before trial.
At its sitting on 3 November, the chamber heard the government’s objections to Decree 23-2026, which would amend the country’s criminal procedure code. Lawmakers did not vote on whether to accept or reject the veto during that session.
The president returned the decree to Congress after ministers identified what they said were possible constitutional problems, unclear provisions and difficulties putting the changes into practice. The concerns are the executive’s assessment, not a ruling that the proposed law is unconstitutional.
The veto itself was published on 28 October. The congressional sitting was a subsequent procedural step, rather than a new decision by the president. The proposed changes have not taken effect as a result of the sitting.
What the reforms proposed
Congress approved the decree on 29 September. Among its provisions was a requirement for a first hearing within 24 hours of an arrest. The text would also prevent a person being transferred to a detention centre before that hearing had taken place.
Under the proposal, pre-trial detention could be ordered after a formal decision to proceed against a suspect, and where sufficient grounds showed a real risk of flight or interference with an investigation. Detention before trial is different from a criminal sentence: the person concerned has not been convicted merely because they are held while a case proceeds.
The reforms would also require prosecutors to substantiate a request for pre-trial detention. The accused would be able to present evidence and arguments in response, subject to the provisions of the proposed legislation.
The decree also addressed alternatives to detention and included restrictions on granting them in certain cases. That part of the text became one of the government’s main objections: ministers argued that the wording was not clear enough to ensure it could be applied consistently. They also questioned references to criminal provisions they said had been repealed.
Concerns over implementation
Another objection concerned timing. The decree said the reforms would enter into force the day after publication, but also envisaged a new unit under the Supreme Court of Justice to help courts monitor compliance with coercive measures.
The executive argued that the legislation did not provide a reasonable transition period to organise and establish that unit. It warned that courts could face new responsibilities before the necessary arrangements were in place.
Before the plenary sitting, members of the congressional justice reform commission met the president of the Supreme Court, Jenny Noemy Alvarado Tení, and other magistrates to discuss the changes. Álvaro Arzú Escobar, who chairs the commission, said the magistrates had asked for more time before the reforms took effect so the judiciary could prepare.
Congress president Luis Contreras has defended the intention behind the legislation, including limiting prolonged pre-trial detention. He has also said the objections should be reviewed and the text corrected.
What happens next
Congress says it has a maximum of 30 days to consider or reject the veto under its legislative procedures. If lawmakers reconsider the original decree, the rules provide for a committee opinion, unless a special commission is formed. No referral to a commission was announced during the 3 November sitting.
The congressional account also says lawmakers should consider the precedent of seeking an opinion from the Constitutional Court where a veto raises constitutional concerns. It does not confirm that the matter has been sent to the court.
The immediate question is therefore procedural as well as substantive: legislators must decide what to do with the president’s objections. The outcome was not settled at the sitting, which did not bring the proposed detention rules into force.
Featured image: AI-generated illustration.
