B.2 The Criminal Code 54. Article 246 of Guatemala’s Criminal Code has been used to criminally prosecute persons who operate radio stations without a license. 78 This provision establishes that, “whoever takes, without due authorization, a movable item, totally or partially belonging to another” commits the crime of theft, and is subject to a prison term of 1 to 6 years. 79 The State classifies radio frequencies as “movable items” based on Article 451 of the Civil Code, which provides that the radio spectrum is a movable good and a natural force subject to appropriation. 80 In turn, Article 121(h) of the Guatemalan Constitution states that the radio spectrum is property that belongs to the State. 81 55. The Prosecutor’s Office for Crimes related to the Illegal Use of Radio Frequencies, created in November 2010, is the unit of the Public Prosecutor’s Office in charge of criminal prosecution for the illegal use and exploitation of radio frequencies. This unit has used the above regulatory provisions to classify the conduct of persons operating radio stations without a license as “theft”. 82 56. In this regard, Initiative No. 4479, discussed by the plenary of the Guatemalan Congress in July 2012, proposes the addition of article “219 bis” to the Criminal Code, 83 in order to “punish individuals or legal entities that use the radio spectrum without the corresponding state license.” 84 On November 20, 2012, the Congressional Committee on Legislation and Constitutional Points issued a favorable opinion 85 regarding this initiative, which is now pending discussion in first and second debate, and discussion and approval in third debate, as well as approval of each article and final wording. 86 C. Raids carried out at Radio Ixchel and Uqul Tinamit “La Voz del Pueblo” 57. Article 246 of the Guatemalan Criminal Code, which defines the criminal offense of theft, has been used to criminally prosecute persons who operate radio stations without a license 87 (supra paras. 54 to 56), including members of indigenous communities. Between November 2010 and May 2021, 206 raids involving a search, inspection and seizure of evidence were carried out at radio stations operating without a license, including some indigenous community radio stations. 88 During the same period, 90 people were convicted of the crime of “theft” in Chiquimula, El Progreso, Escuintla, Izabal, Jalapa, Jutiapa, Quetzaltenango, Quiché, Retalhuleu, San Marcos, Santa Rosa, Sololá, Suchitepéquez, Totonicapán and Zacapa. Cf. Statement of Rudy Estuardo Santos rendered by affidavit on May 3, 2021 (evidence file, folio 1497). See also Governmental Agreement 316-2002, supra, Article 2 (evidence file, folio 1271). 78 Cf. Brief of observations of the State of July 25, 2017 (evidence file, folio 641). 79 Cf. Brief of observations of the State of July 25, 2017 (evidence file, folio 645). 80 Cf. Affidavit rendered by Rudy Estuardo Santos, supra (evidence file, folio 1489). 81 Cf. Affidavit rendered by Rudy Estuardo Santos, supra (evidence file, folio 1489). 82 Cf. Affidavit rendered by Rudy Estuardo Santos, supra (evidence file, folios 1487 to 1491). 83 "Article 219 bis. Illegal Broadcasts. Any individual or legal entity that uses the radioelectric spectrum belonging to the State of Guatemala, without the usufruct title or the corresponding license issued by the Superintendency of Telecommunications, for the transmission of sound waves, audiovisual content, or any other form of communication, shall be punished with prison terms of six to ten years and the confiscation and loss of his broadcasting equipment." Initiative No 4479, discussed by the Plenary on July 10, 2012, (evidence file, folio 995). 84 Initiative No. 4479, supra (evidence file, folios 992 to 995). 85 Official letter DL-MAAA-0012-2021, supra (evidence file, folio 1348). 86 Official letter DL-MAAA-0012-2021, supra (evidence file, folio 1348) and Official letter DL-MAAA-pv-839-2021, supra (evidence file, folio 1717). 87 Cf. Brief of observations of the State of July 25, 2017 (evidence file, folio 641). 88 Cf. Affidavit rendered by Víctor Manuel Ángel Vázquez on May 20, 2021 (evidence file, folios 1547 to 1548); affidavit rendered by Olga Mercedes Alcajon on May 20, 2021 (evidence file, folio 1522); affidavit rendered by Rosa Concepción Ajanel on May 25, 2021 (evidence file, folio 1541); affidavit rendered by Ana Margarita Chen Xol on May -18-