outside the proper procedural opportunities is not admissible, unless the exceptions established in Article 57(2) of the Rules of Procedure are met, namely: force majeure, serious impediment or if it concerns a fact that occurred after the aforementioned procedural moments.26 Consequently, said document is inadmissible because it is time-barred, since it was presented during the public hearing and as an annex to the final written arguments.27 B. Admissibility of the testimonial and expert evidence 41. The Court deems it pertinent to admit the statement of the alleged victim28 and the expert opinions provided at the public hearing and by affidavit,29 insofar as they are in keeping with the purpose defined by the President in the order requiring them and the purpose of this case (supra para. 10). VII FACTS 42. In this chapter, the Court will establish the facts of this case based on the factual framework submitted by the Commission and the body of evidence. This information will be presented in the following order: A) the regulatory framework; B) the logging of alerce trees in Chile; C) regarding Carlos Baraona Bray; D) statements made by Carlos Baraona Bray to various media outlets; E) criminal proceedings for slander and serious insult brought against Carlos Baraona Bray, and F) events subsequent to the dismissal of the case. A. Regulatory framework 43. The crime of slander and serious insult, as well as other legislation applicable to the case at the time of the facts, is regulated in the Chilean Criminal Code30 and in Law No. 19733, on Freedom of Opinion and Information and the Practice of Journalism.31 44. Article 412 of the Criminal Code establishes that slander is “the imputation of a specific but false crime that can currently be prosecuted ex officio.” Likewise, Article 413 of the same Code establishes that: Defamation propagated in writing and with publicity shall be punished: 1. With penalties of minor imprisonment in its medium degree and a fine of eleven to twenty monthly tax units, when a crime is imputed. 2. With penalties of minor imprisonment in the minimum degree and a fine of six to ten monthly tax units, if a simple offense is imputed.32 Cf. Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November 24, 2011. Series C No. 237, para. 17, and Case of the Teachers of Chañaral and other Municipalities v. Chile. Preliminary objection, merits, reparations and costs. Judgment of November 10, 2021. Series C No. 443, para. 36. 27 The sworn statement rendered by Rosa Flora Muñoz Gibert, former substitute judge of the Court of Los Muermos, refers to aspects related to the investigation carried out and led to the arrest of the ex-director of CONAF. 28 Statement of Carlos Baraona Bray made at the public hearing before the Court on June 20, 2022, offered by the representatives. 29 Expert opinions provided at the public hearing by Martín Prats, offered by the Commission, and by Alan Bronfman Vargas, offered by the State, as well as the expert opinion of Flavia Carbonell Bellolio rendered by affidavit, on June 14, 2022, proposed by the State. 30 Cf. Law 21467, Criminal Code of Chile, published on November 12, 1874. Available at: https://www.bcn.cl/leychile/navegar?idnorma=1984. Consulted on August 24, 2022. 31 Cf. Law 19733, on Freedom of Opinion and Information and Exercise of Journalism, published on June 4, 2001, Articles 29 and 30. Available at: https://www.bcn.cl/leychile/navegar?idNorma=186049. Consulted on August 24, 2022. 32 Law 21467, Criminal Code of Chile, Articles 412 and 413, supra. 26 13