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The Concepción Court of Appeals declared inadmissible the complaint of serious insult to the advertising by former PDI Commissioner Héctor Arenas Díaz against Minister Carola Rivas, an instructor of the Ministry of Labor. Matute Johns affair.
In a unanimous decision, the Fourth Chamber of the Court of Appeals – composed of Juan Villa's ministers, Matilde Esquerré and Camilo Álvarez – dismissed the action deducted, after ruling out that Minister Rivas had issued statements threatening the honor of the former detective, in the context of the talks he gave last March, in which he explained the progress of the investigation that he has made in the so-called Matute case.
According to the decision, "for the crime of insults to exist, it is a condition sine qua non that the active subject has the intention of dishonoring, discrediting or denigrating the recipient of his action, which does not result in being accredited in the deeds, considering that no particular animosity has been established by the defendant against the plaintiff.I could account for this encouragement. "
The notice adds that the comments of Minister Rivas issued them in their capacity as investigator of the case of the death of Jorge Matute Johns, and" were intended to & dquo; Expressing their critical opinion on the investigation into the said case, in which the plaintiff was also in his day ".
In any case, the judges admit that the minister could use other means to make his criticism, but "it is a widespread situation at the present time, which expresses on a subject in a way that does not admit of limitations and that, for that reason, it was not proportionate to the magnitude of the situation that was the object of the investigation. "
Therefore, he concludes that " although the statements of the capitulated servant badyzed decontextualized appear inadequate to refer to the plaintiff's police action, is not not warned, as already stated, of the desire to insult or dishonor to emanate from the official in charge of an investigation of public interest who attends interviews with the press media to comply with an information duty, without the intention of insulting, but in order to make known the lines of research conducted over all these years, formulating a critique of "
On June 29, when the complaint was filed, the former Commissioner Arenas declared that she" m & # 39; accused of having acted with pride, to have violated the rights, to have acted without control. He did so in statements that he gave to various media on March 27, 28 and 29. Even in the judicial channel. "
The former commissioner claimed that Minister Rivas accused him of serious breaches of police ethics and criminal law, hindering the investigation, persecution of IDP officials, inexcusable negligence, arrogance and acts out of control .fbAsyncInit = function () {
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