Penal - Rol N° O-401-2020

This document details a legal case involving the Ministry of Public Affairs against Carlos Sebastian Ferrufino Villarroel. The case concerns the trafficking of illicit drugs in small quantities, specifically cocaine base. The incident occurred on March 20, 2020, in the town of La Tirana, Pozo Almonte. The accused, Carlos Sebastian Ferrufino Villarroel, was found transporting approximately 28.8 grams of cocaine base intended for third-party consumption. He was arrested at the scene. The court qualified the offense under articles 1 and 4 of Law 20.000. The sentence imposed was 61 days of correctional imprisonment, which was conditionally remitted for one year, with surveillance by the Chilean Gendarmerie at the accused's residence in Iquique. The court also ordered the suspension of the accused from public office or employment during the sentence. The accused is of Bolivian nationality, identified by the foreigner's ID number 14.864.913-8, and resides at Céspedes González N° 1586, Iquique. The tribunal considered mitigating circumstances under articles 11 N° 6 and 11 N° 9 of the Penal Code. The court decided to substitute the custodial sentence with conditional remission based on the requirements of Article 4 of Law No. 18.216. The time the accused spent deprived of liberty during his arrest was credited towards the fine. The court declared its incompetence for the execution of the substitute penalty and ordered the case files to be sent to the Guarantee Court of Iquique for this purpose. The parties involved did not waive their rights to legal deadlines and appeals.

• Basic case information:

  • Court: Court of Letters, Family and Guarantee of Pozo Almonte.
  • RIT: 401-2020.
  • RUC: 2010016489-3.
  • Sentence date: January 26, 2021.
  • Procedure type: Simplified.

• Established facts:

  • Date: March 20, 2020, approximately 12:40 PM.
  • Location: Calle 16 de Julio with Calle Andrés Farías, in the town of La Tirana, commune of Pozo Almonte.
  • Conduct: Carlos Sebastian Ferrufino Villarroel was audited by Carabineros, transporting in a black bag 5.77 units of base cocaine, weighing 28.8 grams, intended for the consumption of third parties.
  • Arrest: The accused was arrested at the location.

• Legal qualification and imposed penalty:

  • Crime: Illicit drug trafficking in small quantities, accor...