30
69(20) On November 4, 1997, the Third Chamber of the Court of Criminal Appeal
issued decision and judgment No. 18, in which it decided “the appeals for annulment
filed by the lawyer [of the complainants and by Mr. Canese’s lawyer] against
judgment No. 17 of March 22, 1994” (supra para. 69(16), 69(17) and 69(18)). The
Court of Appeal decided “to modify the classification of the offense established in the
case, and consider that the conduct of the accused Ricardo Canese fell within the
purview of Article 370 of the Penal Code,” which classified the offense of slander.
This court also decided “to modify the judgment that had been appealed,
establishing a two-month term of imprisonment, and also to modify the additional
sanction of the fine, establishing this in the sum of two million nine hundred and nine
thousand and ninety guaranis, with the defendant to pay costs.”45
69(21) On November 7, 1997, the complainants’ lawyer filed an appeal against
decision and judgment No. 18 of November 4, 1997, before the Third Chamber of
the Court of Criminal Appeal (supra para. 69(20)) “regarding the length of the
imprisonment and the amount of the fine imposed.”46
69(22) On November 11, 1997, Ricardo Canese’s lawyer filed “a motion for
dismissal of the case” before the Third Chamber of the Court of Criminal Appeal,
because he had been notified “at a domicile that differed from the one included
numerous times in the case record.”47
69(23) On November 12, 1997, Ricardo Canese’s lawyer filed an appeal for
annulment against decision and judgment No. 18 of November 4, 1997, before the
Third Chamber of the Court of Criminal Appeal (supra para. 69(20)).48
69(24) On November 19, 1997, the Third Chamber of the Court of Criminal Appeal
issued interlocutory order No. 552, “admit[ting] the appeal filed by the complainants’
lawyer] against decision and judgment No. 18 of November 4 [1997], as regards the
44
Cf. brief filed on March 18, 1996, by Ricardo Canese’s lawyer (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 990 to 995).
45
Cf. decision and judgment No. 18 handed down by the Third Chamber of the Court of Criminal
Appeal on November 4, 1997 (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 1041 to 1059).
46
Cf. appeal filed by the complainants’ lawyer on November 4, 1997, against decision and
judgment No. 18 (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
1067 to 1070).
47
Cf. motion for dismissal of the case filed by Ricardo Canese’s lawyer before the Third Chamber of
the Court of Criminal Appeal on November 11, 1997 (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 1074 to 1078).
48
Cf. appeal for annulment filed by Ricardo Canese’s lawyer before the Third Chamber of the Court
of Criminal Appeal on November 12, 1997 (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 1079).