Penal - Rol N° O-14-2022

This document details the case of the State Defense Council versus Gustavo Enrique Abarca González, who was prosecuted for the crime of arson of a public monument. The incident occurred on December 8, 2019, in the "Casa Italia" building in Viña del Mar, a National Historic Monument. The defendant, Gustavo Enrique Abarca González, was found guilty and sentenced to 12 years of prison. The prosecution presented evidence including testimonies and expert reports, while the defense argued for the defendant's innocence due to lack of direct evidence. The court found the defendant guilty based on the evidence presented and inconsistencies in his testimony.

• Basic case details:

  • Court: Court of Oral Criminal Trial of Viña del Mar.
  • RUC: 2010021125-5.
  • RIT: 14-2022.
  • Date: March 25, 2022.
  • Type of procedure: Oral trial.

• Credited facts:

  • On December 8, 2019, around 3:00 AM, Gustavo Enrique Abarca González was inside the "Casa Italia" building at Álvares street N°398, Viña del Mar, with other people.
  • Abarca intentionally set fire to items inside the building.
  • The fire spread to the second and third floors of the building, destroying them.
  • The damages caused were to the building, which was declared a National Historic Monument by Supreme Decree N°106 of the Ministry of Education, dated May 31, 2017.

• Legal classification and sentence imposed:

  • Legal c...