On Tuesday night, the president of Colombia, Gustavo Petro says he will “take legal action” against singer Marbelle for a message published by the artist with explicit reference to Antonella is the president’s little daughter.
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Although Marbelle did not mention Antonella or name her in the photo, it is clear that she was talking about her because The little boy is the only woman seen in the photo, taken at a Christmas luncheon at Casa de Nariño on December 24.
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In this context, President Petro sent a message stating: ““Living on the streets is not something to be stigmatized, but abusing a minor is an act of extremely ignorant mischief,” he said, adding: “My daughter has asked me for legal action, and I must do this on behalf of Colombia’s children.”
Beyond the comments on social networks, the experts consulted touched on the criminal applicability of the legal actions to which the president referred.
criminal lawyer Camilo Burbano claimed that, in his opinion, it was possible to take criminal action by filing a complaint for libel. “Although he was a street dweller by himself “It is not a situation that should be used for stigmatizing purposes, it was carried out with the clear purpose and intent to affect the honor and dignity of a person, in this case a minor.”
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According to the lawyer, the fact that Antonella was not explicitly mentioned in the Marbelle publication is irrelevant because “it is clear that it refers to her in the context.”
Criminal lawyer Dalila Henao had a different opinion and stated that the Marbelle trill did not constitute a crime. the crime of slander, because this crime requires “the accusation of a dishonorable situation to be clear, definite and precise; Because not every attack on a person’s morality constitutes an insult.”
Henao added: “In this case, despite the characteristics of the image uploaded to the social network, the singer does not clearly identify any person and Since it does not make a direct accusation, all criteria regarding the existence of a crime are not structured.”.
The criminal expert added that the structuring of the crime “depends on the objective data that constitutes the derogatory accusations, and this cannot depend only on the perception of the person receiving these accusations” and pointed out that in any case: Criminal law is the State’s last resource for punishing serious behavior Therefore, its excessive use is “one of the most important reasons when we talk about judicial obstruction.”
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Finally the lawyer Francisco Bernate, president of the Colombian Criminal Lawyers Association, said that in the Marbelle trill “there is no direct allusion to the person, “On the one hand, it is not clear what this dishonorable manifestation is.” He concluded his speech by stating that the President could file a complaint, but most likely the Prosecutor’s Office would not find any justification in it.
justice@eltiempo.com
Source: Exame
I am Bret Jackson, a professional journalist and author for Gadget Onus, where I specialize in writing about the gaming industry. With over 6 years of experience in my field, I have built up an extensive portfolio that ranges from reviews to interviews with top figures within the industry. My work has been featured on various news sites, providing readers with insightful analysis regarding the current state of gaming culture.
