provided that the accusation has been made in meetings or public places or in private
attendance of sixteen or more individuals, they will be forced to give the slanderer
right of public response, punished in the following way: - If the fact that is charged
was of those with a criminal sentence indicated, they will be sentenced to prison for
six to ten years, and if the act merits any other penalty, they will be sent to prison
for two to six years. 27
99.
Slander was mixed with insult in García Moreno's code, although the first
variant continued to be the false accusation of a crime, but stated in a different way:
Slander is the accusation made against a person of a specific fact of such a nature
that it exposes them to prosecution for a crime or misdemeanor, or that it causes
any dishonor, hatred or disregard in public opinion or any other damage. 28 The
confusion with libel in this text comes from the source of its inspiration, article 443
of the Belgian criminal code. 29 This confusion was maintained verbatim in article 420
of the Eloy Alfaro code of 1906. 30
100. It can be said that, from the code of García Moreno, passing through that of
Eloy Alfaro and up to 1938, the confusion of slander with insult and the questionable
precision of the definition of the latter, did not respect the principle of strict criminal
legality.
101. The 1938 code did not develop too much on the previous text by Eloy Alfaro,
since it did not alter its structure, limiting itself to introducing some provisions
inspired by Rocco's Italian code, but in this matter the codifiers seem to have realized
the failure of previous texts and, despite using the term insult generically, clearly
distinguished between slanderous and non-slanderous, defining the former precisely
as the false accusation of a crime, a formula that leaves no room for doubt and, in
article 469 (which with the number 493 is the one that was applied to the journalist
and the editors) clearly refers to the slanderous insult that, beyond the nomen juris,
is what in all comparative legislation is classified as slander.
102. Therefore, in the applied law it was perfectly delineated that slander against
authority was prosecuted and that slander was understood as the false accusation of
a crime. Beyond the sympathy or antipathy that this categorization may cause, it
cannot be blamed for a lack of precision in the description of the behavior it wants to
penalize: punishing the false accusation of a crime against the authorities. More
precision could not be demanded from any legislator.
103. This case is completely different from the one resolved by this Court in the
Case of Usón Ramírez vs. Venezuela 31, in which it was correctly considered that the
State was internationally responsible for the conviction against Francisco Usón
Ramírez for, among other things, the violation of the principle of legality due to the
vague definition of the conduct characteristic of insults. In our case it is slander and
the definition could not be more precise: false accusation of a crime.
27
Criminal Code of the Republic of Ecuador. Approved by the legislature in 1837, Reprinted by order
of the Government, correct and reviewed by the Senate Permanent commission, Quito, March 16, 1845,
Government Press, p. 95.
28
Article 478, on page 104 of the Código Penal y Código de Enjuiciamientos en materia criminal de la
República del Ecuador, (Criminal Code and Criminal Prosecution Code of the Republic of Ecuador) New
York, Printed by Halley and Breen, Fulton St, Nos. 58 - 60, 1872.
F. S. G Nyppels, Législation Criminelle de la Belgique ou Commentaire et Complément du Code Pénal
Belge,(Criminal Legislation of Belgium or Commentary and Supplement to the Belgian Penal Code)
Brussels, 1872, Vol. III, page XLI.
29
30
Official Edition, page 94.
I/A Court HR. Case of Usón Ramírez v. Venezuela. Preliminary Exceptions, Merits, Reparations and
Costs. Judgment of November 20, 2009. Series C No. 207, par. 56 and 57.
31
16
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