La Segunda Sala de la Cámara Penal de la Corte de Apelación del Distrito Nacional anuló la sentencia en todas sus partes y ordenó la apertura de un nuevo juicio por la demanda que por difamación o injuria incoara el doctor Jesús Feliz Jiménez en contra del doctor Euclides Gutiérrez Félix.
El tribunal integrado por los magistrados Néstor Díaz Fernández como juez presidente, y los jueces Pedro Antonio Sánchez Rivera y Víctor Martínez Pimentel revocaron la sentencia impuesta por la magistrada Yissel B. Soto Peña en juicio celebrado el pasado 21 de mayo, en el que impuso contra el doctor Gutiérrez Félix una multa de 500 pesos y una indemnización civil de un millón de pesos, por haber supuestamente difamado al doctor Jesús Félix Jiménez, antiguo funcionario judicial del gobierno del PRD que presidió Hipólito Mejía.
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Los jueces de apelación motivaron su sentencia basados en los artículos 1, 3, 5, 7, 11, 14, 23, 25, 246, 305, 355, 400, 405, 417, 420, 421, 422, el numeral 2.2 del Código Procesal Penal y la Ley 6132 que rige la materia de difamación e injuria.
El proceso de apelación fue el iniciado el 18 de septiembre y cuyo fallo fue reservado para ser leído el 27 de septiembre fecha que fue pospuesta para ayer 04 de octubre.
Anteriormente, la Tercera Sala de la Cámara Penal de la Corte de Apelación del Distrito Nacional, decidió sancionar con una amonestación oral a la magistrada Yissel B. Soto Peña por la sentencia evacuada en contra del doctor Gutiérrez Félix en juicio celebrado el pasado 21 de septiembre. El tribunal que preside el juez Ignacio Camacho, sometió a un juicio disciplinario a la jueza en relación a las irregularidades encontradas en la sentencia del 21 de mayo del corriente año, que condenó al hoy Secretario de Estado, Encargado de la Superintendencia de Seguros y miembro del Comité Político y del Comité Central del PLD.
Para emitir su fallo, los jueces actuantes de la Segunda Sala de la Corte de Apelación del Distrito Nacional escucharon los argumentos de los abogados del doctor Gutiérrez Félix, Pascal Peña Peña, Rafael Melgen Seman y Luz María Duquela Canó. Por la parte demandante, el doctor Jesús Feliz Jiménez se hizo representar por el doctor Frank Reynaldo Fermín Ramírez.
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