Penal - Rol N° O-10850-2020

• Basic case details:

• Court: 9th Guarantee Court of Santiago
• RUC: 2001196330-8
• RIT: 10850 – 2020
• Date: March 18, 2022
• Procedure Type: Simplified

• Proven facts:

• Date: November 26, 2020, approximately at 4:50 p.m.
• Location: Lider Supermarket, located at Avenida Las Industrias N° 15560, commune of Maipú.
• Conduct: Nombre was surprised inside the supermarket passing through the cash registers with items without paying their value, with the intent of profit.
• Stolen items: Tray of sirloin steak, NAN pro, dry cat food, and other meats.
• Valuation of items: $268,900

• Legal qualification and imposed penalty:

• Crime: Simple theft, provided for and sanctioned in article 446 No. 2 of the Penal Code, in the frustrated degree.
• Participation: Perpetrator.
• Penalty:
  • Sixty-one days of minor imprisonment in its minimum degree.
  • Legal accessories of suspension of public positions and offices for the duration of the sentence.
  • Fine of one-third of a Monthly Tax Unit.
  • Without costs of the case.

• Benefits/accessory measures granted:

• The fine is considered served with the day of deprivation of liberty that the accused served on November 27, 2020.
• Partial Nocturnal Home Confinement, for a period of 61 nights, controlled through a telematic monitoring system.

• Relevant background of the accused:

• Accused: Nombre, with identity card RUT

• Considered mitigating/aggravating factors and their impact:

• Mitigating factor: Article 11 number 9 of the Penal Code (collaboration).

• Key grounds of the court for its decision:

• The grounds are not explicitly stated in the text.

• Determining legal provisions:

• Article 446 No. 2 of the Penal Code (Simple theft).
• Article 11 number 9 of the Penal Code (Mitigating factors).
• Article 468 of the Code of Criminal Procedure.

• Conditions imposed in case of suspension and consequences of non-compliance:

• Condition: Compliance with Partial Nocturnal Home Confinement for 61 nights, controlled through telematic monitoring.
• Consequence of non-compliance: Revocation of the substitute penalty and effective compliance with the original corporal penalty.

• Information on available or filed appeals:

• No information on appeals is mentioned.

• Basic case details:

• Court: 9th Guarantee Court of Santiago
• RUC: 2001196330-8
• RIT: 10850 – 2020
• Date: March 18, 2022
• Procedure Type: Simplified

• Proven facts:

• Date: November 26, 2020, approximately at 4:50 p.m.
• Location: Lider Supermarket, located at Avenida Las Industrias N° 15560, commune of Maipú.
• Conduct: Nombre was surprised inside the supermarket passing through the cash registers with items without paying their value, with the intent of profit.
• Stolen items: Tray of sirloin steak, NAN pro, dry cat food, and other meats.
• Valuation of items: $268,900

• Legal qualification and imposed penalty:

• Crime: Simple theft, provided for and sanctioned in article 446 No. 2 of the Pe...