D.1. The judgment of first instance 62. On July 20, 2011, the Fifteenth Court issued a conviction against the alleged victims and El Universo. 89 The judgment concluded the existence of the crime typified in article 489 of the Criminal Code, sentencing Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, César Enrique Pérez Barriga, and Carlos Eduardo Pérez Barriga, to three years in prison and a fine of twelve dollars. It was also determined that they should pay the complainant a sum of USD $30,000,000 (thirty million United States dollars) jointly and severally. For its part, El Universo had to pay the sum of USD $10,000,000 (ten million United States dollars). Additionally, it was determined that the contributing authors and El Universo had to pay the legal costs, including the lawyers’ professional fees. 90 63. In the judgment, the Judge made the following considerations in respect of the assessment of the article written by Mr. Palacio Urrutia: When reading the aforementioned article, from its beginning, it prepares and leads the reader against "the Dictator" with a series of minor insults that seek to place in the reader's mind a marked disaffection with the economist Rafael Vicente Correa Delgado, that reaches its zenith with an ending that accuses him of being the author of crimes against humanity. Insult is an intentional crime and the different forms of criminal intent are suitable for constituting this crime, the malice consists in the fact the actor is conscious that their conduct (word, act, gesture) is capable of offending, notwithstanding which, they act all the same. In order for there to be insult, the existence of the “animus injuriandi” is necessary, that is, the intension [sic] or spirit to insult, offend, dishonor or discredit the victim. It is enough for "animus injuriandi" to exist for there to be insult. Following this reasoning, there is no doubt that this "animus injuriandi" was present when Emilio Palacio Urrutia wrote in a social media, read nationally and worldwide, knowing that said statements that accuse the commission of a serious crime against humanity, perhaps the worst that exists in the world, such as "having ordered to fire at will on a hospital full of civilians", and it is not a value judgment as the defendant alleges, because although the word "could" suggests an event that may or may not occur, but immediately afterwards he makes the affirmation [...] in no way alters the core meaning of the verb governing the insult. Freedom of expression has a limit. For those people who are not clear, making comments, opinions, etc. that cross this limit is called insult in Ecuadorian law and it is a crime that, as such, is judged by criminal law. This is how the Ecuadorian courts have expressed it by establishing that “the insult is constituted by a subjective element, the design, the intension [sic], the aim of dishonoring or discrediting the person. Absent this intention to insult there is no crime. Thus, the allegations put forward by the defendants lack legal basis, since it has been proven that the constant expressions in the article "No to lies" [...] are authored by the defendant Emilio Palacio Urrutia, with Carlos Eduardo Pérez Barriga, César Enrique Pérez Barriga and Carlos Nicolás Lapentti as contributing authors, in addition to the fact that in the process it has been shown that they have used the Limited Company El Universo to carry out the crime, and how they form the Cf. Judgment of July 20, 2011, of the Fifteenth Court of Criminal Guarantees of Guayas (evidence file, folios 5075 to 5230). 89 90 Cf. Judgment of July 20, 2011, of the Fifteenth Court of Criminal Guarantees of Guayas (evidence file, folios 5075 and 5230). 24