establishes that: The one who makes use of this right, assumes full responsibility for everything expressed. 30. On the other hand, the State stated that the nature of the punishable fact corresponds to a private action offense, and that therefore a hearing of conciliation was carried out between the parts, which, in the particular case, did not prosper. By virtue of the lack of conciliation between the parts, the penal trial against the presumed victim continued, concluding with a condemnatory decision dated February 28, 2005 by the Court Seventh of the First Instance in Functions of Judgment of the Judicial Penal Circuit of the Metropolitan Area of Caracas by which the presumed victim was sentence to two years and three months of prison for the commission of the crime of aggravated continued defamation. The State indicated that the presumed victim was never arrested. 31. Finally, indicated the State that, on December 20, 2007 the Ninth Court of the First Instance in Functions of Execution of the Judicial Penal Circuit of the Metropolitan Area of Caracas granted to the Mr. Alvarez the conditional suspension of the Execution of the Sentence for the lapse of one year by virtue of the request interposed by the representatives of the presumed victim before the IACHR and that resulted in an express request of the Commission to the State of “to leave without effects the execution of the judgment until the case is solved in a definitive manner by the organs of the inter-American system of human rights” 4.[4] 4 On having arranged the conditional suspension of the execution of the sentence for a one year term, the Ninth Court of the First Instance in Functions of Execution of the Judicial Penal Circuit of the Metropolitan Area of Caracas established that such a decision was subject to the fulfillment on the part of Alvarez of the following conditions established in the article 494 of the Organic Procedural Penal Code: 1. Not to change Residence without authorization of the Court, from what it will have to request to authorization with fifteen (15) Days in advance. 3. To presenting himself before the Delegate of Evidence, designated to the effect for the times which might be required in accordance with article 495 of the Organic Procedural Penal Code. 4. To present himself before the head office of this Court every THREE (3) MONTHS, recording each time Steadfastness of Work. 5. To expiring with any other condition that is imposes by the Delegate of Evidence designated to the effect.