The Public Ministry (MP) confirmed that He received a complaint for a case of Ultraje to national symbols after A video was viral of the content creator, Deanna Michelle Melillo Mancilla in which he makes satire of the National Anthem of Guatemala.
The video that lasts 25 seconds circulated quickly on social networks where users expressed their views in multiple comments.
The immediate effect, because after 24 hours after the video went viral, it was known that there was already the formal complaint before the authorities to indicate the alleged commission of a crime.
The situation led to Melillo, along with his partner and also content creator Josy Esteban, publishing a video on his social networks asking for forgiveness for lack of respect.
“The anthem is respected, the letter does not change”said one of the dissatisfied users for what has been considered a ‘satire’.
Meanwhile, others have tried to soften the debate. “Now it turns out that capital sin committed”one of them said.
But many other users were incredulous: “But it was joking, is it still a crime?”a user questioned in Tiktok. This fact has set the legal framework.
@elvisrubil Guate’s anthem is respected. It is not for circus😡 leave your comment
Is it a crime? What does the Guatemala Criminal Code say?
In Guatemala, the crime of outrage to national symbols is typified in the Article 416 of the Criminal Code.
This provision establishes that who, publicly, Ultraje, contempt or vilipendie –despise or denigrate– the national flag, emblem, shield or hymn, will be sanctioned with imprisonment Six months to two years.
This criminal type has been the subject of analysis and debate in Guatemalan legal doctrine.
Some authors argue that the typification of this crime can constitute a limitation to the right of freedom of expression which can be disproportionate.
It is pointed out that these criminal types that sanction the outrage or contempt of national symbols are rests that legal systems drag from times of authoritarianism, repression and intolerance.
But, on the other hand, various users made a comparison with similar cases that have occurred in other countries. Under that point of view, there are those who say that in other nations it would be considered as a dismay and even as a serious offense.
“Wow! I did not know what to do such a thing, that at first glance it could be normal, it is not. As the knowledge is said, it is power”a user said that the Guatemalan legislation establishes criminal sanctions for the outrage to national symbols.
Also read: What is guilty homicide in Guatemala and how old is the penalty