By Erwin Quinonez
Aug 24, 2023, 23:56 PM EDT
A chamber of the Supreme Court of Justice (CSJ) of Paraguay maintained this Thursday in force the sentence to one year in prison with suspension of execution imposed on Paraguayan exporter José Luis Chilavert for defaming the president of the South American Football Confederation (Conmebol). , Alejandro Dominguez.
The ruling, dated August 24 and signed by the ministers of the Criminal Chamber Manuel Ramírez Candia, Luis María Benítez and César Diesel Junghanns, declared the “inadmissibility” of an “extraordinary appeal” filed against a sentence of August 29 of 2022 issued by the third court of criminal appeal in Asunción.
The 22-page document explains, among other things, that “the challenged decision is a final sentence issued by an appeal court, so the appealed decision must be considered objectively challengeable in this way.”
In addition, it indicated that the appeal is “notoriously inadmissible” since it does not meet “all the formal admission requirements.”
On the other hand, when analyzing “whether the expressions of the defendant regarding the person of the complainant, should be considered as protected within the limits of freedom of expression and information or, where appropriate, if such limits were exceeded”, it considers that “yes, the right to honor should prevail.”
In a ruling dated August 29, 2022 published by the ABC newspaper, the third chamber of the criminal appeals court confirmed its jurisdiction in the case and declared the special appeal that the exporter’s defense filed against the player “admissible”. ruling handed down in May of that year by a single sentencing court chaired by Judge Manuel Aguirre Rodas.
Immediately afterwards, the appeals court “confirmed the sentence under appeal”, alluding to the decision of Aguirre Rodas.
The judge sentenced the former captain of the Guarani team for defamation in May 2022, as a “proven punishable act.” He acquitted him of the crimes of slander and insult included in the criminal lawsuit filed by the Conmebol headline.
Already retired from soccer, Chilavert ran, backed by the Youth Party, in the general elections on April 30, in which the current president, Santiago Peña, won.
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