The Second Chamber of the Criminal Chamber of the Court of Appeal of the National District rejected a appeal filed by the bachatero Zacarías Ferreira de la Cruzsentenced to pay 20 million pesos for allegedly plagiarizing the song “I love you” by the Spanish singer-songwriter Danny Daniel.
The decision, handed down by the judges Ysis Muñiz Almonte (chairwoman), Luis O. Jiménez Rosa and Teófilo Andújar Sánchezconstitutes a decisive turn in a case that had previously been declared with criminal acquittal for the accused.
The appeal was filed on dates May 21, 26 and 27, 2025 by the lawyers of the complaining victim, Daniel Cándón de la Campa (Danny Daniel).
The court rejected the appeal filed by the accused himself Zacarías Ferreirasubmitted through his lawyers Carlos Salcedo Camacho, Edwin Rafael Espinal Hernández and Mariellys Almánzar Mata.
The judges concluded that this resource violated the articles 17, 19, 20, 21, 169, 175 and 177 of Law 65-00and that the argument was unfair in front of the legal and evidentiary foundations of the cause.
In its third essential point, the Court declares with place appeals filed by Danny Daniel as victim, complainant and civil actor.
As a result, the judges completely cancel the appealed sentencewho had declared the criminal acquittal of Ferreira, not so in civil matters. The Chamber orders the holding of a new trialin a different court than the one that issued the annulled decision, under the article 422, paragraph 2, of the Criminal Procedure Code.
In its fourth paragraph, the Court provides that the process be sent to the Presidency of the Criminal Chamber of the Court of First Instance of the National Districtso that this body can empower a different court to the one who issued the annulled sentence.
The court also orders the parties to strictly comply with the article 305 of the Criminal Procedure Code once the new hearing is set.
They impose costs on the accused
In its sixth ordinal, the sentence establishes that the accused Zacarías Ferreira must pay the procedural costs caused in the judicial instance, which will be distributed in favor of the lawyers Joselito Bautista Encarnacion and Manuel Mateo Calderonwho accredited that there were.
