Penal - Rol O-10899-2019

The case involves Ivonne del Carmen Araya Saavedra, accused of simple theft on August 29, 2019. The Court of Guarantee of Viña del Mar acquitted the defendant. The charge was simple theft under Article 446 N°3 of the Penal Code. No penalty was imposed due to the acquittal. The reasons for acquittal are not detailed but likely relate to insufficient evidence. Legal provisions include Article 446 N°3 of the Penal Code and Articles 207, 295, 340, and 468 of the Code of Criminal Procedure. Costs were waived for the plaintiff and the Public Ministry due to the absence of evidence. All parties waived appeals, making the sentence final.

• Basic case details:

• Court: Court of Guarantee of Viña del Mar.
• RUC: 1900935928-4
• RIT: 10899-2019
• Date: December 4, 2019.
• Type of procedure: Not directly specified, but inferred to be an oral hearing for simple theft.

• Established facts:

• Nombre is accused of committing a simple theft on August 29, 2019, within the court's jurisdiction. However, the sentence acquits the defendant, meaning the facts were not proven or the defendant's involvement could not be proven.

• Legal classification and imposed penalty:

• Legal classification: Initially, the imputed crime was simple theft, provided for and sanctioned in Article 446 N°3 of the Penal Code.
• Penalty: No penalty is imposed as the defendant is acquitted.

• Main arguments of the prosecution and defense:

• The arguments of the prosecution and defense are not detailed in the summary.

• Key grounds for the court's decision:

• The court declares the acquittal of Nombre. The specific grounds for acquittal are not detailed in the summary, but it is inferred that the court did not find sufficient evidence to prove the defendant's involvement in the simple theft.

• Determining legal provisions (specific articles):

• Article 446 N°3 of the Penal C...