Judiciary confirms sentence for defamation against Congressman Darwin Espinoza

Judiciary confirms sentence for defamation against Congressman Darwin Espinoza

The Superior Court of Justice of Santa (Chimbote) ruled in favor of former parliamentarian Otto Guibovich in his complaint against Darwin Espinoza. The Popular Action congressman must follow certain rules of conduct and pay a civil compensation of 20 thousand soles.

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Judiciary confirms sentence for defamation against congressman Darwin Espinoza

The Judiciary confirmed the sentence against the parliamentarian Darwin Espinoza (Popular Action) for the crime of aggravated defamation against Otto Guibovich, who was a legislator for the same party during the 2020 period -2021.

The Merchant tried unsuccessfully to communicate with the legislator, who also is investigated by the prosecution for the “Los Niños” case. According to the prosecutor's thesis, he and five other LAMPA congressmen would have favored companies of Chinese origin in tenders for works at the Ministry of Transport and Communications, during the management of fugitive Juan Silva.

The resolution of the Second Criminal Chamber of Appeals of the Superior Court of Justice of Santa (Chimbote), which is dated August 3 of this year, confirmed the sentence in first instance, which was given on December 26, 2021, against the Popular Action congressman. Espinoza unsuccessfully appealed that decision.

Judicial Power confirms sentence for defamation against congressman Darwin Espinoza

Sentence against Congressman Darwin Espinoza (Popular Action)

The Judiciary determined that it “reserves the conviction” for Espinoza “for a trial period of one year, provided that he complies with certain rules of conduct, setting the sum of 20 thousand soles as civil damages.” p>

Judiciary-power-confirms-sentence-for-defamation-against-congressman Darwin Espinoza

(Judgment of the Judiciary)

The criminal lawyer Andy Carrión explained to El Comercio that the reservation of the conviction is an alternative measure to the custodial sentence” and “ it is optional for the judge”

“They declare the guilt of the convicted person, but without issuing a sentence, subject to the successful completion of a trial period, within which the convicted person must refrain from committing a new crime and comply with the rules of conduct indicated by the judge” , added.

According to the document from the Judiciary, Guibovich denounced Espinoza for an interview he gave on March 29, 2021, in which “through the television journalistic medium 'El Reportero', Channel 93 -Chimbote, which has been broadcast to national level and disseminated by other journalistic media, as well as social networks” described him as “scoundrel” and having “always been a mole”, in addition to accusing him of being part of “the Fujiaprista mafia”

In addition, it indicates that, on November 16, 2021, from Espinoza's Facebook account, “a publication was made in which he uses the body of a rodent and puts the Guibovich's face under the headline: 'Áncash this rat does not represent me'”.

 Judiciary confirms sentence for defamation against Congressman Darwin Espinoza

(Conviction)

Regarding this, the Judiciary determined “the statement of the defendant (Darwin Espinoza) has not been received, which is why there is no exculpatory version regarding this fact, and there is an allegation that the Facebook account in the name of Darwin Espinoza Vargas belongs to him and the notarial verification that, from said profile, the defamatory publication was made.” filters:format(jpeg):quality(75)/cloudfront-us-east-1.images.arcpublishing.com/elcomercio/CPNKFLEPDFCDJDXRYX2D64AIBM.jpg” media=”(max-width: 360px)” class=”lazy”/>

Judicial Power confirms sentence for defamation against congressman Darwin Espinoza

(Capture ruling damning)