(PFC/IFEX) – On 23 October 2003, Attorney General Roy Edmundo Medina filed an appeal with the Supreme Court contending that Article 345 of the Criminal Code referring to the crime of “desacato” (“insult” or “disrespect”) is unconstitutional and should be repealed. According to the article, anyone who libels, slanders or in any way damages the […]
(PFC/IFEX) – On 23 October 2003, Attorney General Roy Edmundo Medina filed an appeal with the Supreme Court contending that Article 345 of the Criminal Code referring to the crime of “desacato” (“insult” or “disrespect”) is unconstitutional and should be repealed.
According to the article, anyone who libels, slanders or in any way damages the image of a public figure could face two to four years in prison. Moreover, if the affected individual is the president of the country or a high-ranking government official, the accused could face three to six years in prison. As a result, Article 345 contravenes the freedom of expression guarantees outlined in Article 72 of the Constitution.
Attorney General Medina argued that individuals and journalists should have greater freedom to criticise government officials and report on errors they may have committed, without fearing legal action from the Public Prosecutor’s Office.
Medina explained that his office decided to file an appeal with the Supreme Court’s Constitutional Chamber because they consider the “desacato” provisions to be an attack on freedom of expression. The attorney general added that individuals who feel their image has been damaged could address the matter via other means, without pursuing legal action via the Public Prosecutor’s Office.
