Suprema - Rol N° 3726-2010

The Supreme Court remitted nullity appeals regarding evidence standards in a drug trafficking case to the Court of Appeals, while the case background involved a large marihuana shipment and organized international trafficking.

• The Supreme Court of Chile, Second Penal Chamber, issued a ruling on Rol N° 3726-2010 on June 21, 2010.
• The ruling addressed appeals of nullity filed by the defenses of Nombre, Nombre, and Nombre against a conviction for drug trafficking issued by the Second Criminal Court of Santiago.
• Nombre's defense argued violation of the presumption of innocence due to an insufficient standard of conviction, invoking Art. 373 (a) and 374 (e) of the Criminal Procedure Code (CPP).
• The Supreme Court determined these arguments concerning evidence evaluation and sentence reasoning corresponded to the absolute nullity ground of Art. 374 (e) CPP.
• Consequently, the Supreme Court remitted the antecedents to the Court of Appeals of Santiago to rule on these specific...