Penal - Rol O-5891-2018

The case BIRO OCCIDENTE C/ LEONARDO ARIEL ESPINOZA GUTIÉRREZ, before the 1st Guarantee Court of Santiago, with RUC 1800988622-9 and RIT 5891-2018, issued a sentence on March 5, 2019. The defendant, Nombre, was found guilty of robbery with intimidation. On October 8, 2018, around 9:00 PM, at the intersection of Claudio Arrau and Isla Portezuelo streets in Pudahuel, Nombre and two unidentified individuals accosted Cristian Cárdenas Haro, a PDI officer. Nombre threatened him with a knife to the neck, while the others used a knife and a firearm, demanding his belongings. They stole a cell phone. The victim managed to free himself and draw his service pistol, and in an attempt to disarm him, the victim shot Nombre twice, wounding him. The other two perpetrators fled. The court imposed a penalty of four years of lesser prison in its maximum degree, with perpetual absolute disqualification for political rights and absolute disqualification for public office during the sentence term. The defendant was granted the alternative penalty of intensive supervised release for four years. The defendant's identity is Leonardo Ariel Espinoza Gutiérrez, with ID number RUT, residing at Dirección. The court considered an attenuating circumstance under article 11 N° 9 of the Penal Code. The specific legal provisions cited include articles from the Penal Code, Code of Criminal Procedure, Law 18.216, and Law 19.970. The conditions for intensive supervised release include residing in Santiago, adhering to the delegate's supervision, and engaging in lawful employment. Failure to comply could result in the revocation of the substituted sentence. The parties waived their rights to appeal.

• Basic case details:

  • Court: 1st Guarantee Court of Santiago.
  • RUC: 1800988622-9
  • RIT: 5891-2018
  • Sentence date: March 5, 2019.
  • Type of procedure: Simplified (article 406 of the Code of Criminal Procedure).
  • Crime: Robbery with intimidation.

• Proven facts:

  • Date: October 8, 2018, approximately at 9:00 PM.
  • Location: Intersection of Claudio Arrau and Isla Portezuelo streets, Pudahuel commune.
  • Conduct: The defendant, Nombre, along with two other unidentified individuals, intercepted Cristian Cárdenas Haro, a PDI officer. Nombre intimidated him with a knife to the neck, while the others intimidated him with a knife and a firearm, demanding his belongings. They stole a cell phone. The victim broke free, drawing his service pistol; the defendant attempted to take the weapon, at which point the victim shot the defendant twice, wounding him. The other two individuals fled.

• Legal classification and sentence imposed:

  • Crime: Robbery with intimidation (article 436 of the Penal Code).
  • Sentence: Four years of lesser prison in its maximum degree.
  • Perpetual absolute disqualification for political rights.
  • Absolute disqualification for public office and employment during the ...