Judge Rosa Velia Baca Cardoza, of the First Criminal Trial District of Chinandega, rectified a conviction against opponent Donald Margarito Alvarenga Mendoza, 56, and sentenced him to 12 years in prison under the laws of “cybercrimes” and “sovereignty”. The initial sentence was seven and a half years in prison.
The trial against the citizen was held on January 13 and the sentence was read by the judge on the 18th of the same month. However, a day later, Baca Cardoza issued an “act of rectification” in which the sentence was changed.
“Due to a ‘lapse calami’, the theory of continued crime contained in article 83 of the Penal Code was applied; however, and having been warned subsequently, the erroneous application of the penalty by omitting the real competition contained in article 82 of the current Penal Code between both crimes, which is appropriate and it is a procedural necessity to amend the mistake (…) the undersigned judge proceeds to rectify the sentence imposed”, according to the act of rectification.
According to the court document, the judge imposed on the opponent “the main sentence of eight years in prison for the crime of undermining national integrity (conspiracy), and for the crime of spreading false news through information technology. and the communication, the main penalty of four years in prison and six hundred and fifty days fine is imposed, for a total of twelve years in prison.”
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