32
judgment No. 18 of November 4, 1997 (supra para. 69(20)), because they had been
submitted after the 24-hour time limit.55 Mr. Canese filed a “complaint regarding the
rejected appeal.” On May 27, 1998, the Supreme Court of Justice of Paraguay issued
interlocutory order No. 559 in which it decided “not to admit the complaint […],
because it was unfounded.”56
69(28) On June 21, 1998, the Second Judicial Secretary of the Supreme Court of
Justice of Paraguay issued a decision deciding “to consider that the action on
unconstitutionality had been initiated” (supra para. 69(25)) and notify it “to the
other party.”57
69(29)
On July 8, 1998, the new Code of Criminal Procedure was promulgated.58
69(30) On November 26, 1998, a new Penal Code entered into force, modifying the
criminal classification of the offense of slander, and also reducing the sanctions for
this offense.59
69(31) On February 8, 1999, Ricardo Canese and his lawyers submitted a brief,
requesting the annulment of judgment No. 17 of March 22, 1994 (supra para.
69(15)) and of decision and judgment No. 18 of November 4, 1997 (supra para.
69(20)), the extinguishment of the punishable act and review of the sentence; they
based their requests, inter alia, on the grounds that a new Penal Code had entered
into force, which, among other elements, reduced the sanctions for the offense of
slander and established a fine as an alternative to imprisonment.60
69(32) On March 18, 1999, Ricardo Canese and his lawyer submitted a brief to the
Third Chamber of the Court of Criminal Appeal, requesting, inter alia, that it rule on
55
Cf. interlocutory order No. 49 issued by the Third Chamber of the Court of Criminal Appeal, on
February 26, 1998 (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of
slander and injuria before the First Criminal Trial Court, file of attachments to the brief answering the
application, and with observations on the brief with requests and arguments, tome II, attachment 4, folio
1089).
56
Cf. brief submitted by the complainants’ lawyer to the Supreme Court of Justice of Paraguay on
December 12, 2000 (copy of the file of the criminal proceeding against Ricardo Canese for the offenses of
slander and injuria before the First Criminal Trial Court, file of attachments to the brief answering the
application, and with observations on the brief with requests and arguments, tome I, attachment 4, folios
1127 to 1130).
57
Cf. decision issued by the Second Judicial Secretary of the Supreme Court of Justice of Paraguay
on July 21, 1998 (copy of the file on the action on unconstitutionality in the case “Ricardo Canese, for
slander and injuria” before the Supreme Court of Justice of Paraguay, file of attachments to the brief
answering the application, and with observations on the brief with requests and arguments, tome II,
attachment 4, folio 1348).
58
Cf. Code of Criminal Procedure of Paraguay promulgated on July 8, 1998, Ediciones Librería El
Foro S. A., Asunción, 2001 (file of documents submitted by the State during the public hearing on April
29, 2004).
59
Cf. Code of Criminal Procedure of Paraguay promulgated on November 26, 1997, Ediciones
Librería El Foro S. A., Asunción, 2001 (file of documents submitted by the State during the public hearing
on April 29, 2004); and decision and judgment No. 1362 issued by the Criminal Chamber of the Supreme
Court of Justice of Paraguay on December 11, 2002 (file on merits and possible reparations and costs,
tome II, folios 502 to 508).
60
Cf. brief submitted by Ricardo Canese and his lawyer to the Third Chamber of the Court of
Criminal Appeal on February 8, 1999 (copy of the file of the criminal proceeding against Ricardo Canese
for the offenses of slander and injuria before the First Criminal Trial Court, file of attachments to the brief
answering the application, and with observations on the brief with requests and arguments, tome II,
attachment 4, folios 1101 to 1106).