14 determining further responsibilities with exceptions, warning that such right shall not be limited beyond any strictly necessary limits.42 49. Taking into account the above, in order to resolve this specific case, the Court shall 1) verify whether the codification of the crime of slander against the Armed Forces affected the strict legality to be observed when restraining the freedom of expression in a criminal forum; 2) study whether the protection of the reputation of the Armed Forces is a legitimate end under the Convention and determine, if the case may be, the applicability of a criminal sanction to achieve such end; 3) assess the need for such measure, and 4) analyze the strict proportional criteria of the measure, i.e., whether the sanction imposed on Mr. Usón Ramírez guaranteed the right to reputation of the Armed Forces in a broad manner, without annulling his right to express his opinion. a.1) Strict formulation of the rule about limitations or restrictions (criminal legality) 50. The Commission alleged “the three guiding verbs of Article 505 [of the Organic Code of the Military Justice] are so large in scope that any expression(oral, written, figurative, or symbolic) of a critical or negative thought about the Armed Forces, that could offend any of their members, could give rise to a criminal judgment of 3 to 8 years. In the criminal process, not only is the conduct ambigous, but so are the passive subjects, the active subjects, and even the legal benefits that are protected. The only clear element of this rule is the sanction to be set.” 51. As regards Article 505 of the Organic Code of Military Justice, the representatives indicated in their final allegations that “the broad definition of criminal behavior, […] does not take into account the taxative and accurate requirements established by [the] [InterAmerican] Court for the State to abide by the principle of legality of Article 9 of the American Convention and the right to freedom of expression in Article 13 of the American Convention, since the restriction would be broader than what is expressly permitted.” 52. The State stressed that “the facts giving rise to the criminal trial against Mr. Usón are typified and penalized under a Law of the Republic, which complied with the procedure to establish the laws as required by Articles 162 through 177 of the revoked Constitution of the Republic of Venezuela, published in the Official Gazette No. 662 of January 23, 1961, in force at the time the Organic Code of Military Justice was passed, which agrees with the concept of the laws established in the Inter-American System.” The State pointed out that “the crime of slander is a formal crime, as it is a behavior which is able to offend and harm the honor or credit of another person, according to the circumstances, quality, and culture of the subjects.” Quoting the previous jurisprudence of the High Court of Justice of Venezuela regarding Article 505 of the Military Justice Code, the State indicated that “[the] nomen juris […] ‘Offend’ […] means to insult, affront, outrage or despise. The action in this crime is indicated by [such] verbs […] used alternatively. The active subject of this crime may be any person, i.e. a civilian or a military, while the passive subject is the National Armed Forces or any of its units, understanding that the National Armed Forces, under Article 328 of the Constitution of the Bolivarian Republic of Venezuela, is “an essentially professional Institution”, formed by “the Army, the Navy, the Aviation and the National Guard.’ […] The juridical good that is protected is the honor, the reputation, the respect of the Armed Forces (the Navy, the Army, the Aviation and the National Guard, commands, 42 Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism(Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85, supra note 39, para. 46. See also, Case of Herrera Ulloa, supra note 40, para. 120; Case of Tristán Donoso, supra note 38, para. 110, and Case of Kimel, supra note 41, para. 54.