Penal - Rol N° O-10611-2019

This document details a simplified procedure case before the Court of Guarantee of Antofagasta.

The case, RUC 1900699854-5 and RIT 10611-2019, took place on December 24, 2019.

The accredited facts state that on June 27, 2019, at approximately 9:15 PM, police were alerted to an individual carrying a knife at the intersection of Sucre and Emilio Astete streets in Antofagasta. The defendant, Giorgio Olaf Ottey Pérez, was found at the scene with a butcher knife (19 cm blade, 12 cm handle) without reasonable justification for carrying it. The arrest occurred on December 23, 2019, at 6:00 PM.

The legal qualification is possession of a cutting or piercing weapon, under Article 288 Bis of the Penal Code. The defendant was found to be the perpetrator and the act was consummated.

The imposed penalty is one Monthly Tax Unit (UTM).

Benefits and accessory measures granted include compliance with Article 49 (details not specified) and one day of credit for detention (December 24, 2019).

The defendant, Giorgio Olaf Ottey Pérez, has RUT 12214216-7.

No mitigating or aggravating circumstances were mentioned.

While the specific arguments of the prosecution and defense are not detailed, it is inferred that the defendant admitted responsibility, allowing for the simplified procedure.

The court's decision was based on the defendant's admission of responsibility.

Key legal provisions include Article 288 Bis of the Penal Code (weapon possession), Article 26 of the Code of Criminal Procedure (warning), Article 49 of the Penal Code (details not specified), and Article 395 of the Code of Criminal Procedure (admission of responsibility).

Conditions imposed include the payment of the fine in two monthly installments, due within one month of the sentence becoming final.

Regarding appeals, the case will be registered and archived if no appeal is filed. Compliance with Article 468 of the Code of Criminal Procedure is required. The associated case RIT 5231-2018 is to be notified regarding compliance with Community Service. An order for release has been issued.

• Basic Case Data:

• Court: Juzgado de Garantía de Antofagasta.
• RUC: 1900699854-5.
• RIT: 10611-2019.
• Hearing Date: December 24, 2019.
• Procedure Type: Simplified.

• Accredited Facts:

• On June 27, 2019, around 9:15 PM, police were alerted to a subject with a knife at the intersection of Sucre street and Emilio Astete corner, Antofagasta.
• The defendant Giorgio Olaf Ottey Pérez was found at the location with a butcher knife measuring 19 cm in blade and 12 cm in handle, without reasonable justification for carrying it.
• Detention occurred on December 23, 2019, at 6:00 PM.

• Legal Qualification and Sentence Imposed:

• Offense: Carrying a cutting or piercing weapon, Article 288 Bis of the Penal Code.
• **Degr...