(bo) Artículos del Código Penal vulneran la Ley de Imprenta

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El contenido de tres artículos del nuevo Código del Sistema Penal vulneran la Ley de Imprenta, según el análisis de la abogada, Paola Cortes, que puso como ejemplo el caso de una persona que se sienta agredida en su dignidad, la norma considera como fuero inmediato a un tribunal ordinario.

Se trata de los artículos 309, 310 y 311 sobre injuria, calumnia y difamación, respectivamente, que incluyen a los medios de comunicación en la redacción.

“Cuando hay alguien que se ve vulnerado en sus derechos a la dignidad por una publicación o investigación periodística, lo que hace es recurrir al Tribunal de Imprenta, pero eso ya no sería posible, sino que sería ya un tema penal que lo deba investigar un fiscal, esto vulnera la Ley de Imprenta y el derecho del periodista a investigar”, señaló la jurista, según reporta la agencia de noticias ANF.

ARTÍCULOS

El inciso II del artículo 309 del Código del Sistema Penal referido a Injuria señala que “La sanción será agravada a multa sancionadora de cien (100) a doscientos cincuenta (250) días, reparación económica y prohibición de concurrir a ciertos lugares o acercarse a la víctima, si la injuria se comete mediante un medio de comunicación o difusión masiva. Igual sanción corresponderá a la persona que reproduzca mediante medio de comunicación o difusión masiva la injuria inferida por otro”.

De forma similar se lee en el inciso II del artículo 310 referido a Calumnia: “La sanción será agravada a multa sancionadora de doscientos cincuenta y un (251) a cuatrocientos (400) días, reparación económica y prohibición de concurrir a ciertos lugares o acercarse a la víctima, si la calumnia se realiza en medio de comunicación o difusión masiva. Igual sanción corresponderá a quien publique o reproduzca en medio de comunicación o difusión masiva la calumnia inferida por otro”.

Y el inciso II del artículo 311 referido a Difamación: “La sanción será agravada a multa sancionadora de cien (100) a doscientos cincuenta (250) días, reparación económica y prohibición de concurrir a ciertos lugares o acercarse a la víctima, si la difamación se comete mediante un medio de comunicación o difusión masiva. Igual sanción corresponderá a la persona que reproduzca mediante medio de comunicación o difusión masiva la difamación inferida por otro.

Para Cortes, esa inclusión de los medios de comunicación y de las difusiones masivas en los artículos “echa por la borda a la Ley de Imprenta porque introduciendo que los medios de comunicación puedan tener responsabilidad penal ya no podrían tener el fuero del Tribunal de Imprenta, sino que estarían ya en el fuero penal y eso preocupa por el tema de la libertad de expresión”.

Además de terminar con la Ley de Imprenta, agregó la jurista, el Código del Sistema Penal va en contra de artículos de la Constitución Política del Estado referidos a la protección de la libertad de expresión y de la libertad de información y comunicación, “además que hay tratados internacionales que protegen a la libertad de prensa y a la libertad de expresión, así como la relatoría especial para la Libertad de Expresión de las Naciones Unidas”.

“Entonces no solamente se estaría vulnerado la Ley de Imprenta, sino la Constitución y los tratados internacionales respecto a la temática”, remarcó.

La Asociación Nacional de la Prensa de Bolivia (ANP) hizo este viernes un llamado urgente a periodistas, comunicadores, medios de información y ciudadanos, a preservar y defender por sobre todo interés sectorial los preceptos, derechos y libertades plenas que otorga la Constitución Política del Estado (CPE), y la Libertad de Expresión, como bases de construcción de democracia, en referencia al contenido del nuevo Código del Sistema Penal.

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