NewsWhore
04-19-2006, 04:10 PM
The Supreme Court (SCJ) of the Dominican Republic has handed down decisions that were based on the law governing freedom of expression and thought, Law 6132, even after the formal start up of the new Penal Code. These two occasions have been cited by dozens of jurists who are disputing the so-called "striking" or invalidation of the law by a judge in Santo Domingo earlier this month. In his sentence number 156-2006, magistrate Eduardo Cespedes Reyes of the Second Penal Chamber of the Court of First Instance for the National District, struck law 6132 from the books when he interpreted part of the new Penal Code as striking all former laws legislating procedural matters from the books. The case involved a lawsuit against Listin Diario, the Rintin Corporation, Miguel Franjul and Roberto Prats for defamation.
The Supreme Court, in decisions made in May and July 2005, applied Law 6132 as part of its decision making process. In the more famous of the two suits, economist and former Central Bank official Felix Calvo sued well known businessman Mario Lama for defamation of character and lost. Calvo sued under article 61 of the Law 6132, and the Supreme Court rejected the suit under article 426 of the Penal Code, with no apparent reflection as to the validity of Law 6132.
Link To Original Article (http://www.dr1.com/index.html#1)
The Supreme Court, in decisions made in May and July 2005, applied Law 6132 as part of its decision making process. In the more famous of the two suits, economist and former Central Bank official Felix Calvo sued well known businessman Mario Lama for defamation of character and lost. Calvo sued under article 61 of the Law 6132, and the Supreme Court rejected the suit under article 426 of the Penal Code, with no apparent reflection as to the validity of Law 6132.
Link To Original Article (http://www.dr1.com/index.html#1)