Re García y García

• Jurisdicción: Guatemala
• Fecha: 25 Junio 1932
• Número de expediente: Case No. 180
• Emisor: Corte Suprema (Guatemala)

Guatemala, Supreme Court.

Case No. 180

In re García Y García.

Diplomatic Immunities — Criminal Jurisdiction after Termination of Mission in respect of an Act Committed during the Mission.

The Facts.—This was a prosecution for an attempt to defraud the customs. García had imported from Spain dutiable merchandise which was introduced into Guatemala as sent to the Minister of Salvador, Florentin Souza. García, when tried, claimed that the merchandise was imported for Souza, but had remained in his name since Souza wanted to see it before paying for it; and that, as the parties could not agree on the terms, he retained the merchandise and paid a thousand dollars to Souza. García claimed that Souza had promised to arrange with the Government about the duty. Souza, who appeared as a witness, said that he thought García would pay the duty, and that he had originally sought the exemption because he thought that the packages were some which he had ordered for himself. Souza was now no longer Minister.

The Court of first instance found García guilty. On appeal, the Court of Appeals reversed the decision and held him not guilty. On appeal to the Supreme Court,

Held: that the judgment of the Court of Appeals be reversed, the sentence of the Court of first instance carried out against García, and Souza placed on trial for his part in the offence. The Supreme Court was satisfied that both García and Souza knew of and participated in the attempt to defraud the customs.