Judiciary confirms sentence for defamation against 'Niño' Darwin Espinoza

The Criminal Appeals Chamber of the Court of Justice of Santa (Áncash) confirmed the sentence against the congressman darwin espinozaone of those accused as ‘Los Niños’ de Acción Popular, for defaming former legislator Otto Guibovich in 2020.

The court reserved the conviction on the condition that Espinoza complies with paying the civil compensation of S / 20,000 in favor of the also general (r) of the Army.

In the ruling issued on August 6, to which he agreed Peru21it is concluded that the parliamentarian committed the crime of aggravated defamation by sharing an image from his Facebook account in which the body of a rat with Guibovich’s face appears.

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The publication is from November 16, 2020 and contains the message “Popular Action – Áncash, this rat does not represent me”, in clear allusion to the then congressman of the lampa party.

“This publication is offensive to the defendant’s honor since, in addition to qualifying him as a ‘rat’, it associates his image with said animal, which denotes an obviously defamatory spirit by affecting the defendant’s reputation, as it is an unacceptable insult in our society” , concluded the court.

The judges also dismissed the phrases “Otto Guivobich is a scoundrel”, “a mole”, “he was an integral part of the Fujiaprista mafia”, which Espinoza blurted out in an interview on March 29, 2021 on a television channel in Chimbote .

They agreed that these expressions were disseminated “in the framework of a political campaign” and that because of this “they are not in themselves outrageous or offensive.”

In dialogue with this newspaper, Guibovich said that he appealed the decision of first instance so that the sentence is an effective prison sentence, but his appeal was rejected.

“I considered that they should not reserve the ruling and only give it civil damages and rules of conduct, but judicial decisions must be respected,” he commented.

Keep in mind

-Otto Guibovich clarified that he resigned from AP last year. Before doing so, he maintained that he wanted Darwin Espinoza to face a sanction in the match, but there was no disciplinary tribunal.

-According to the Prosecutor’s Office, ‘Los Niños’ would have negotiated votes with Pedro Castillo in exchange for works.