74 139(3) With regard to the right to a presumption of innocence (Article 8(2) of the American Convention) the State asserted that: a) the crime of which Mr. Herrera Ulloa was convicted is one of criminal intent, and meant that the person filing the criminal complaint had to prove intent on the part of the person being so accused; b) a profound misunderstanding of the principle of exceptio veritatis is apparent. This principle is an exculpatory circumstance; by the time it comes into play, it has already been established that the defendant’s conduct fits the crime, is unlawful and answerable. Therefore, it does not relieve the party filing the criminal complaint of his obligation to prove mens rea in the defendant’s conduct; c) the question of the veracity of the attribution is not a defining element in the case of criminal defamation or criminal insult (whereas veracity is a defining element in criminal slander). Therefore, truth does not have to be proved to find that the conduct fits the crime. The exceptio veritatis assumes the existence of a public interest, which justifies the preclusion of punishment, since the author’s conduct was not motivated solely by a desire to offend; d) when a justifying or exculpatory circumstance is claimed, the defendant must prove that the justifying or exculpatory circumstance described by the law is present. This does not violate the principle of presumption of innocence because the accusing body or party filing the criminal complaint bears the burden of proving that the defendant committed the crime and is guilty; and e) the inversion of the burden of proof that Article 149 of the Penal Code establishes is the same standard that would apply to any other justifying or exculpatory circumstance provided for under the Costa Rican Penal Code. Considerations of the Court 140. The Court will not examine the allegation made belatedly by the alleged victims’ representatives in their final oral arguments and final written briefs, to the effect that Article 25 of the American Convention was violated, as this allegation does not fit the facts of the instant case. 141. The pertinent part of Article 8 of the American Convention provides that: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: […] h) the right to appeal the judgment to a higher court.