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Gabriel Estuardo García Luna was appointed Attorney General of Guatemala on April 30, 2026 for the 2026–2030 term. He takes office on May 17, 2026. Under Article 251 of the Constitution, the office is appointed by the President of the Republic from a list of six candidates proposed by the Postulation Commission.

Editorial note: This article will be updated with officially confirmed biographical data. Information on the new prosecutor's work plan comes from Prensa Libre coverage of April 30, 2026.

The announced work plan for the MP

According to Prensa Libre coverage, the main priorities of the work plan the elected Attorney General announced for the 2026–2030 term are:

  • Independence and transparency of the Public Ministry.
  • Recovery of citizen trust in the institution.
  • Better victim attention, avoiding dismissal of complaints without prior investigation.
  • Modernization of criminal investigation with multidisciplinary teams.
  • "Selective and intelligent criminal prosecution", prioritizing high-impact cases.
  • Strengthening of the prosecutor career based on meritocracy.
  • Efficient redistribution of resources toward technology and criminal investigation.
  • Limitation of the use of reserved proceedings.

In his public statements, García Luna affirmed that "the Public Ministry is an independent and autonomous institution, and therefore should not receive external instructions".

How the Attorney General is appointed in Guatemala

The appointment process is regulated by Article 251 of the Constitution of the Republic and by the Organic Law of the Public Ministry (Decree 40-94). It is not a popular election or a Congressional vote — it is a presidential appointment from a list proposed by a Postulation Commission.

Step 1 — Call of the Postulation Commission

When the term of the incumbent Attorney General nears completion, the Postulation Commission is convened, composed of:

  • The President of the Supreme Court of Justice, who chairs it.
  • The deans of the Law or Legal and Social Sciences faculties of the country's universities (USAC, URL, Marroquín, Mariano Gálvez, Mesoamericana, Da Vinci, etc.).
  • The president of the Board of Directors of the Guatemalan Bar Association.
  • The president of the Honor Tribunal of said Association.

Step 2 — Submission of candidates

The Postulation Commission receives applications from legal professionals meeting the constitutional requirements. Each candidate must submit a file with their professional, academic and ethical background.

Step 3 — Evaluation and shortlisting

The Commission evaluates each file and builds a profile with objective criteria: professional experience, academic merits, professional practice, ethics and integrity. A public grading table is applied, public hearings are held and citizen objections against candidates are received.

Step 4 — Formation of the list of six

The Commission compiles a list of six candidates through a vote of its members. This list is delivered to the President of the Republic.

Step 5 — Presidential appointment

The President of the Republic appoints, by government accord, the Attorney General from one of the six candidates on the list. This is the appointment colloquially called the "election" of the Attorney General.

Step 6 — Taking office

The appointed Attorney General takes office on the date when the incumbent's term ends. For Gabriel García Luna, that date is May 17, 2026.

Requirements to be Attorney General

Article 251 of the Constitution requires the Attorney General to meet the same qualifications as a justice of the Supreme Court of Justice (Article 207):

  • Being Guatemalan by birth.
  • Of recognized integrity.
  • In enjoyment of citizen rights.
  • Active bar member.
  • Over forty years of age.
  • Having served a full term as a Court of Appeals justice or equivalent collegiate tribunal, or having practiced the legal profession for more than ten years.

Functions of the Public Ministry

The Public Ministry is an autonomous institution of constitutional rank, with functional, administrative and budgetary autonomy. Its essential functions are established in Article 251 of the Constitution and developed in the Organic Law of the MP (Decree 40-94):

1. Exercise public criminal action

The MP is the exclusive holder of the public criminal action: it is the only institution that can formally accuse a person before a judge of committing a public-action crime (most crimes in the Criminal Code). The aggrieved party can join as a private prosecutor, but the MP leads the prosecution.

2. Direct criminal investigation

The MP directs the National Civil Police (PNC) in investigating crimes. Prosecutors coordinate with investigators and experts to gather the evidence supporting the indictment. This function includes the Criminal Investigation Service (SIC) and INACIF (technical assessments).

3. Ensure compliance with laws

The MP has the general duty to ensure that the country's laws are complied with, especially in those matters where its intervention is mandatory by law: childhood, family, environment, public property.

4. Represent victims

In criminal proceedings, the MP represents the social interest in crime prosecution, which includes attention to victims — informing them of the progress of the case, managing protective measures and demanding dignified reparation in sentencing.

5. Other specific functions

  • Formulate and execute the criminal prosecution policy.
  • Coordinate with national and international authorities in the fight against organized crime, drug trafficking and money laundering.
  • Exercise passive and active extradition in coordination with the Executive.
  • Manage section prosecutors: Organized Crime (FECOC), Money Laundering, Human Rights, Femicide, Women, Children, Environment, Economic, Anti-Corruption (FECI), Transparency, etc.

Internal structure of the Public Ministry

  • Attorney General of the Republic: head of the MP.
  • Council of the Public Ministry: collegiate advisory body.
  • Section prosecutors: specialized by subject matter.
  • District and municipal prosecutors: territorially distributed.
  • Assistant prosecutors: support staff in investigation and litigation.
  • Technical services: victim attention office (OAV), protection office, criminal analysis directorate, etc.

Attorney General's term

The term is four years, under Article 251 of the Constitution. For Gabriel García Luna, this corresponds to May 17, 2026 to May 17, 2030. The Constitution provides that the Attorney General can be removed by the President with duly justified cause (Article 251), a procedure that in practice is subject to constitutional control via amparo.

What impact does a change of Attorney General have?

For citizens

Criminal prosecution policy may be reoriented. The new Attorney General may prioritize certain crimes over others, strengthen specific section prosecutors, modify criteria for early dismissals or change the strategy for victim attention. This directly affects the speed and priority with which complaints are investigated.

For businesses and corporate compliance

The change may affect:

  • The prosecution of economic crimes: tax fraud, money laundering, crimes against the State revenue regime.
  • The intensity of prosecution of white-collar crimes: private corruption, mass fraud, securities manipulation.
  • International cooperation with US authorities (DOJ, FBI), Europe and multilateral agencies.
  • The operations of FECI (Special Prosecutor Against Impunity) and FECOC (Special Prosecutor Against Organized Crime).

For regulated companies (banks, financial entities, cooperatives, insurers) and companies with compliance policies, it is advisable to strengthen compliance in money laundering, fraud prevention and due diligence on customers and suppliers.

For the justice system

The new Attorney General defines the MP's institutional relationship with the Judiciary, the PGN (Attorney General's Office), the Office of the Comptroller and Congress. It also defines the State's position before international mechanisms (Inter-American Human Rights System, International Commission against Impunity bodies, cooperations with countries).

Applicable legal framework

  • Constitution of the Republic, Article 251 — Public Ministry and Attorney General.
  • Constitution, Article 207 — qualifications applicable to the Attorney General (same as a Supreme Court justice).
  • Organic Law of the Public Ministry (Decree 40-94) — structure, functions, prosecutor career and disciplinary regime.
  • Criminal Procedural Code (Decree 51-92) — MP's role as holder of the public criminal action.
  • Anti-Money Laundering Law (Decree 67-2001) — specialized money laundering prosecutors.
  • Organized Crime Law (Decree 21-2006).
  • Postulation Commissions Law (Decree 19-2009) — Commission process.

Frequently asked questions

Who is the new Attorney General of Guatemala?

Gabriel Estuardo García Luna was appointed Attorney General of the Republic on April 30, 2026, for the 2026–2030 term. He takes office on May 17, 2026.

How is the Attorney General appointed?

The President of the Republic appoints him from a list of six candidates proposed by the Postulation Commission, under Article 251 of the Constitution. There is no popular election or Congressional vote.

What requirements must they meet?

The same qualifications as a Supreme Court justice: Guatemalan by birth, over 40 years old, active bar member, recognized integrity, in enjoyment of citizen rights, and having served as a Court of Appeals justice for a full term or practicing the profession for more than 10 years.

What are the functions of the MP?

Exercise public criminal action, direct criminal investigation alongside the PNC, ensure compliance with laws and represent victims in criminal proceedings. It is an autonomous institution of constitutional rank.

What is the Attorney General's term?

Four years. García Luna's term corresponds to 2026–2030.

What impact does a change of Attorney General have?

Reorientation of criminal prosecution policy, possible changes in specialized prosecutors, modifications in international cooperation and victim attention. For businesses, strengthening compliance and economic-crime prevention is usually advisable.

What topics did Gabriel García Luna announce in his plan?

Independence and transparency, recovery of citizen trust, better victim attention, modernization of investigation, selective and intelligent criminal prosecution, strengthening of the prosecutor career by meritocracy, resource redistribution toward technology, and limitation of the use of reserved proceedings (source: Prensa Libre).

Need to strengthen corporate criminal compliance and due diligence?

The change in the Public Ministry may bring reorientations in the prosecution of economic crimes and money laundering. We perform corporate criminal compliance audits, crime-prevention manuals and customer/supplier due-diligence policies.

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Source: Information on the elected Attorney General's work plan verified through the "Nuevo fiscal general de Guatemala Gabriel García Luna detalla su plan para el MP" article, Prensa Libre, April 30, 2026. The constitutional and procedural framework is based on the Constitution, the Organic Law of the Public Ministry (Decree 40-94) and the Postulation Commissions Law (Decree 19-2009). This article will be updated as additional details about the new Attorney General's background are officially confirmed.