Suprema - Rol N° 71514-2022

The Supreme Court rejected an amparo action challenging the denial of conditional release for an inmate convicted of drug trafficking. The rejection was based on a psychosocial report indicating a high risk of recidivism, failing to meet legal requirements for the benefit.

• The Supreme Court, in Rol N° 71514-2022 (Second Criminal Chamber), confirmed the rejection of an amparo action against the denial of conditional release, affirming the decision of the Court of Appeals of Copiapó.
• The amparo action was filed by Nombre, Public Defender, representing Nombre, challenging Resolution N° 28-2022 by the Commission of Conditional Release of Copiapó.
• The amparado, convicted for drug trafficking (Art. 3, Law 20.000), had met the minimum time requirement (2/3 of sentence) for conditional release eligibility by April 7, 2022.
• Conditional release is regulated by Decree Law 321 (1925) and its regulations, with Law 21.124 (2019) establishing it as a faculty of the Commission, not an automatic right, based on objective and subjective criteria.
• K...