Penal - Rol N° O-7247-2018

This document details a legal case involving YARITZA KASSANDRA MOREIRA PEÑA and BÁRBARA PATRICIA VERGARA VILLALOBOS. The case, heard in the Juzgado de Garantía de Arica under RIT 7247-2018 and RUC 1600372303-1, concluded with a sentence on August 28, 2019. The proceedings were conducted via an abbreviated procedure.

The established facts indicate that on April 13, 2016, around 9:15 PM, at a food establishment named "MANGUIARE" located at calle Gonzalo Cerda Nº 1588, Arica, Bárbara Patricia Vergara Villalobos, accompanied by an unidentified individual, stole a handbag belonging to the victim, Y.K.M.P. The victim was alerted by an employee and pursued the accused. Vergara Villalobos then assaulted the victim with a kick, took the handbag again, and threatened her with a stone. The victim sustained a mild injury: "edema cara lateral rodilla derecha de carácter leve".

The legal qualification for the offense is robbery with violence, as defined and penalized in Article 436, first paragraph, of the Criminal Code. The imposed sentence is three years and one day of imprisonment in its maximum degree, with the accessory penalties of perpetual absolute disqualification from political rights and absolute disqualification from public office and employment for the duration of the sentence, without costs.

As for granted benefits or accessory measures, the sentence includes the substitution of the custodial sentence with intensive supervised release for the same duration as the original sentence.

Relevant background information on the accused, Bárbara Patricia Vergara Villalobos, includes her identity card number: 19.045.935-7. Information regarding her age, occupation, and criminal record is not explicitly detailed in the provided summary.

The summary does not specify whether any mitigating or aggravating circumstances were considered, nor does it outline the main arguments presented by the prosecution or the defense.

The court's key findings for its decision are that the accused was convicted based on the acceptance of the facts and the legal qualification presented by the Public Ministry within the framework of the abbreviated procedure. The sentence is grounded in relevant articles of the Criminal Code and Law 18.216.

The legal provisions that determined the sentence include Article 436, first paragraph, of the Criminal Code (robbery with violence); various articles of the Criminal Code (1, 3, 5, 7, 11 N° 6, 11 N° 9, 14, 15, 18, 21, 29, 68, 432); Articles 15 et seq. of Law 18.216 (regarding sentence substitution); Articles 406 et seq. of the Code of Criminal Procedure (abbreviated procedure); Article 15 bis of Law No. 18.216 (requirements for supervised release); Article 17 of Law 18.216 (conditions for supervised release); Article 17 ter of Law 18.216 (additional conditions for supervised release); Article 17 of Law 19.970 (Record of Convictions); and Article 468 of the Code of Criminal Procedure (sentence execution).

In terms of conditions imposed for supervised release and consequences of non-compliance, the accused must comply with the legal conditions outlined in letters a), b), and c) of Article 17 of Law 18.216, as well as the conditions specified in Article 17 ter of Law 18.216. She is also required to adhere to an individual intervention plan to be approved in a hearing on October 18, 2019. While the specific consequences of non-compliance are not directly stated, failure to meet these conditions could lead to the revocation of the supervised release benefit and the enforcement of the original prison sentence. Additionally, she must report to the Gendarmerie's Social Reintegration Center within five days of the sentence becoming final and enforceable, under threat of an arrest warrant. She must also present herself to the Servicio Médico Legal of Arica for genetic fingerprinting and inclusion in the Record of Convictions.

Regarding appeals, the parties waived their rights to appeal the sentence within the stipulated periods, meaning the sentence is final and enforceable.

• Datos básicos del caso: * Tribunal: Juzgado de Garantía de Arica. * RIT: 7247-2018 * RUC: 1600372303-1 * Fecha de la sentencia: 28 de agosto de 2019. * Tipo de procedimiento: Abreviado.

• Hechos acreditados: * Fecha: 13 de abril de 2016, aproximadamente a las 21:15 horas. * Lugar: Local de comida "MANGUIARE", ubicado en calle Gonzalo Cerda Nº 1588, Arica. * Conductas: Nombre, en compañía de un sujeto no identificado, sustrajo una cartera de la víctima Y.K.M.P. La víctima fue alertada por un trabajador y persiguió a la acusada. Nombre golpeó a la víctima con una patada y le sustrajo nuevamente la cartera, amenazándola con una piedra. La víctima sufrió un "edema cara lateral rodilla d...