File No. 21267/1.
American Consulate General,
Guatemala City, August 9,
1909.
No. 321.]
Under this statute an American business man, of ordinary prudence,
residing in Guatemala, seeking to protect his property by insurance, in
the event of its destruction by fire, is held in prison until he can
prove innocence.
[Inclosure.—Translation.]
Decree No. 699.
Manuel Estrada Cabrera,
constitutional President of the Republic of
Guatemala—Considering:
That the majority of fires occurring in the country have originated
in houses or establishments insured by the respective fire insurance
companies, which gives room to believe in the culpability of those
interested in the value of the insurance policy;
That the primordial duty of the Government is to emit ordinances
which will tend to stop unfortunate accidents, which, like those we
treat, frequently leave innocent persons in misery and terminate in
serious public evils;
That, although the penal laws now in force clearly define the
culpability of the incendiaries and the presumptions natural and
legal which are sufficient to condemn the perpetrators of the crime,
it is desirable to emit a statute more explicit, yet that will cover
the interests of the public and protect them against the frequent
attempts that have lately occurred, to the great alarm of the
country;
That, on the other hand, it is necessary to protect the interests of
the insurance companies so that they may not be defrauded, and that
the caution with which incendiaries proceed frequently prevents the
authorities from immediately clearing up the criminal facts; that in
such cases it is absolutely necessary to apply the natural
presumption, to which the law alludes, with all its force;
[Page 345]
Wherefore, using the extraordinary faculties with which the National
Assembly has invested me, I decree:
- Article 1. The burning of
insured houses and establishments is presumed to be
intentional, and in consequence, the persons interested in
receiving the value of the insurance shall be put in prison
and shall not leave it until they can prove their
innocence.
- Art. 2. No bail shall be
admitted to enable the said persons to remain out of prison
until the final verdict shall have been given.
- Art. 3. The insurance companies
are relieved from the obligation of an immediate payment
while the case is on trial, but should it be to their
interest to show proof that they are ready to verify it,
they may deposit the amount of the policy in a bank which
the judge of the trial court may name. Said sum to be given
to whom it may belong when verdict is rendered, to which the
preceding article refers.
- Art 4. The present decree will
commence to have force of law from the date of its
promulgation, and it will be referred to the Legislative
Assembly at its next session.
Given in the Executive Palace, in Guatemala, the 19th day of July,
1909.
Manuel Estrada
C.
The secretary of state in the department of interior and
justice,
