The Penal Code 1984 of Argentina: A Detailed Examination through the Lens of the “Martinez Case”

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The Martinez vs. The State case, a landmark judgment from the early 1990s, sheds light on the practical implications of the Penal Code 1984 of Argentina. Roberto Martinez, a journalist, published articles criticizing government officials, accusing them of corruption, and was subsequently arrested for defamation. The case highlighted the balance between freedom of expression and protection against defamation. The court acquitted Martinez, emphasizing that for defamation charges to hold, harm to reputation must be proven, and allegations must be devoid of truth and made with malicious intent. The judgment underscored the importance of upholding freedom of expression, revisiting defamation laws, and setting a precedent for future cases. The Martinez case remains a crucial reference point for understanding the Penal Code 1984, demonstrating the need to balance individual rights and broader societal interests.