and the household economy, protected by Articles 118 and 308 of the Constitution of the Bolivarian Republic of Venezuela.”15 32. On December 31, 2003, Congressman and National Assembly President Willian Lara filed a criminal complaint against Tulio Álvarez before the Thirty-Sixth Supervisory Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area, alleging the offense of aggravated defamation pursuant to Article 444 of the Criminal Code in force.16 On January 9, 2004, that court ruled that it did not have jurisdiction, and removed the case to a trial court.17 On January 13, 2004, the Seventh Trial Court of the same circuit heard the case18 and asked the complainant to satisfy the requirements for a private prosecution under Article 401 of the Venezuelan Criminal Code.19 33. On December 15, 2004, the Trial Court held a “conciliation hearing” with the parties. In view of their failure to reach an agreement, the Court ordered that the case be brought to trial. The following day, the court issued a precautionary measure20 barring the alleged victim from leaving the country, under the following terms: Having examined the arguments set forth by the judicial representative of the private prosecutor, the Court finds that in this case, the existence of a crime that carries a penalty of imprisonment, and which has clearly not been time-barred by the statute of limitations, has been proven, to wit: the crime of defamation, defined in and punishable under Article 444 of the Criminal Code with the aggravating factors established in clauses 5, 7, and 14 of Article 15 Annex 16. Ministry of Finance. Office of the Superintendent of Savings Banks. Official Letter DS-OAL-1841. April 28, 2003. Communication from the petitioner, received on September 7, 2006. 16 Annex 3. Third Division of the Court of Appeals of the Criminal Judicial Circuit of the Metropolitan District of Caracas. Appeal Judgment, case file No. 2367-05. September 29, 2005. Communication from the State dated June 26, 2012. 17 Annex 2. Seventh Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area. Judgment of Conviction in Case No.7-246-2004, Case File IV. February 28, 2005. Communication from the petitioner received on September 7, 2006. 18 Annex 2. Seventh Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area. Judgment of Conviction in Case No.7-246-2004, Case File IV. February 28, 2005. Communication from the petitioner received on September 7, 2006. 19 Article 401. Requirements. A private prosecution must be filed in writing directly with the trial court and must contain: 1. The full name, age, marital status, profession, domicile or residence, of the private prosecutor, his or her national ID card number, and his or her family relationship to the accused; 2. The full name, age, domicile or residence of the accused; 3. The crime alleged, and the date, place, and approximate time of its perpetration; 4. A detailed account of all of the essential circumstances of the act; 5. Evidence supporting the allegation of the accused’s participation in the crime; 6. Substantiation of victim status; 7. The signature of the accuser or his or her attorney-in-fact; If the accuser is unable to sign his or her name, he or she will appear personally before the Judge and provide a fingerprint in the Judge’s presence to ratify the accusation. The Clerk of the Court will place this proceeding on record. No more than one private prosecution will be admitted in a single proceeding, but should various individuals intend to bring a criminal action for a single crime, they may do so jointly or through a single legal representative. Cfr. Organic Code of Criminal Procedure and the amendments thereto. National Assembly of the Bolivarian Republic of Venezuela. Book Three. Special Proceedings. Title VII. Procedure for Crimes Requiring a Request for Prosecution from the Victim. Art. 401. October 2, 2001. 20 Article 412. Decision of the court. If the conciliation is unsuccessful, the Judge will render a prompt decision on motions, precautionary measures, and the admissibility of evidence presented. If there is a procedural defect in the private prosecution, the accuser may cure it promptly, if possible. A decision dismissing a motion or finding evidence inadmissible may only be appealed together with the final judgment. If a motion is granted or a precautionary measure has been ordered, the accuser or the accused, as applicable, may appeal within the next five days. When a precautionary measure is ordered, the appeal will not stay the proceeding. Cfr. Organic Code of Criminal Procedure and the amendments thereto. National Assembly of the Bolivarian Republic of Venezuela. Book Three. Special Proceedings. Title VII. Procedure for Crimes Requiring a Request for Prosecution from the Victim. Art. 401. October 2, 2001.