Penal - Rol N° O-3089-2019

This document details a legal case presided over by the 10th Guarantee Court of Santiago, concerning the RUC 1900889656-1 and RIT 3089-2019. The judgment date was March 11, 2020, under an abbreviated procedure. The facts established state that on August 19, 2019, around 5:00 PM, at the intersection of Carlos Marx and Baldomero Lillo streets in the commune of Pedro Aguirre Cerda, police officers observed the defendant in a location where a drug transaction had occurred. Upon being searched, the defendant was found with 3.700 grams of cannabis sativa in 3 nylon wrappers, 6.300 grams of cocaine in 2 paper wrappers, $18,000 in cash, and a Motorola cell phone. The defendant was charged with drug trafficking in small quantities, per Article 4 in conjunction with Article 1 of Law 20.000, consummated. The sentence imposed was 541 days of lesser imprisonment in its medium degree, with the accessory penalty of suspension from public office or employment during the sentence, and a fine of 1 Monthly Tax Unit. The defendant was granted two equal and successive monthly partial payments for the fine, payable on the 15th of each month starting the month after the sentence becomes final. The defendant was also exempted from paying costs, and the items and instruments of the crime were ordered to be forfeited. Relevant background information on the defendant includes their identity as César Manuel Santana Neculñir, RUT 0015534961-1, and residence at La Coruña Nº 4317, Pedro Aguirre Cerda. The summary mentions Articles 11 No. 9 and 12 No. 16 of the Penal Code but does not specify if they were considered mitigating or aggravating factors or their impact. The summary does not include the main arguments of the prosecution or defense, nor the court's key grounds for its decision. The legal provisions cited include Article 4 and Article 1 of Law 20.000 (Drug Law), Article 11 No. 9 of the Penal Code, Article 12 No. 16 of the Penal Code, Article 62 of Law 20.000, and Article 468 of the Code of Criminal Procedure. Conditions for suspension and consequences of non-compliance are stated: if the fine is not paid, a substitute detention of one day per third of a Monthly Tax Unit will be applied. The requirements for applying Law 18.216 were not met. The case notes that the waiver of deadlines is noted and the sentence is considered final.

• Basic case information: * Court: 10th Guarantee Court of Santiago. * RUC: 1900889656-1. * RIT: 3089-2019. * Judgment date: March 11, 2020. * Procedure type: Abbreviated procedure.

• Proven facts: * Date and time: August 19, 2019, around 5:00 PM. * Location: Intersection of Carlos Marx and Baldomero Lillo streets, commune of Pedro Aguirre Cerda. * Conduct: César Manuel Santana Neculñir was observed by police officers at the location where a drug transaction had occurred. Upon being searched, he was found in possession of: * 3 nylon wrappers containing 3.700 grams of cannabis sativa. * 2 squared paper wrappers containing 6.300 grams of cocaine. * $18,000 in cash of various...