NewsWhore
04-18-2006, 03:10 PM
A ruling by Judge Eduardo Cespedes Reyes in a libel suit (see DR1 Daily News 17 April 2006) has generated contradicting opinions, all of which coincide in stating that it does not invalidate law 6132. According to the Foundation for Institutionalism and Justice (FINJUS) Executive Director Servio Tulio Castanos, the judge acted in accordance with the Criminal Procedure Code in terms of deadlines. Castanos pointed out that Article 449 of that code nullifies any law that is contradictory. El Caribe reports that the reactions came after Cespedes refused a petition by Roberto Prat's attorneys to declare the expiration of a libel suit filed by Carlos Gutierrez Marcet because over two months had passed since the crime took place. Law 6132 states that action in justice prescribes two months after the crime whereas the new code indicates there is a three to ten year term, stated Castanos.
Acting Attorney General Rodolfo Espineira explained that only Congress could invalidate laws. "In an extreme case what a judge can decide is that a law is invalidated by a code. In such a case, the procedure would be struck, not by the judge, but rather by a regulation", said Espineira.
On the other hand, attorney Namphy Rodriguez believes that in the country's standing legislation, a code cannot affect a special law. "A code is supposed to be above a law, but in our legislation, special laws cannot be subordinated by codes", said Rodriguez. Criminal Procedures Code Article 449 states that "all laws and dispositions contrary to this code are invalidated".
Link To Original Article (http://www.dr1.com/index.html#8)
Acting Attorney General Rodolfo Espineira explained that only Congress could invalidate laws. "In an extreme case what a judge can decide is that a law is invalidated by a code. In such a case, the procedure would be struck, not by the judge, but rather by a regulation", said Espineira.
On the other hand, attorney Namphy Rodriguez believes that in the country's standing legislation, a code cannot affect a special law. "A code is supposed to be above a law, but in our legislation, special laws cannot be subordinated by codes", said Rodriguez. Criminal Procedures Code Article 449 states that "all laws and dispositions contrary to this code are invalidated".
Link To Original Article (http://www.dr1.com/index.html#8)