Penal - Rol O-1137-2020

This document summarizes a judicial process against JAVIER IGNACIO PALMA CÁRDENAS.

Basic Case Information:

Date and Time: May 9, 2020, approximately 00:45 hours.
Location: Calle Los Avellanos with Manuel Alvarez, Puerto Varas.
Conduct 1: JAVIER IGNACIO PALMA CÁRDENAS attempted to force the Faw vehicle, license plate GKJF56, owned by Renzo Salinas Alvarez, at the hood level, with the aim of stealing items.
Conduct 2: Upon being surprised by Carabineros, he fled on a bicycle, initiating a chase.
Conduct 3: He threatened Carabineros Jaime Bozzo Espinoza, Victor Jara Espinoza, and Nicolas Villegas Altamirano, pointing at them with an object that simulated a firearm.
Conduct 4: He collided his bicycle with police vehicle RP 5425, on Mario Vásquez with Juan Minte streets, causing damage to the right front of the vehicle, with an appraised value of 50,000 pesos.
Context: Non-compliance with the constitutional state of exception of catastrophe, curfew (22:00 to 05:00 hours), and sanitary quarantine. The defendant did not possess a permit.

Offense 1: Attempted theft with force (national goods of public use). Sentence: 41 days imprisonment in the maximum degree and accessory disqualification from public office or employment.
Offense 2: Threats against Carabineros. Sentence: 61 days minor imprisonment in the minimum degree and accessory disqualification from public office or employment.
Offense 3: Damage to Carabineros patrol (Article 487 of the Penal Code). Sentence: Fine of 1 Monthly Tax Unit (UTM).
Offense 4: Endangering public health (Article 318 of the Penal Code). Sentence: Fine of 6 UTM.

Exemption from paying costs, due to the defendant's acknowledgment of responsibility and the resulting savings of fiscal resources.
It is ordered to terminate preventive detention.

Name: JAVIER IGNACIO PALMA CARDENAS
ID Card: 0020050483-6-6
Address: Población del Sur, corner of Puyuhuapi Nº 2370, Puerto Varas.
His age and criminal record are not specified in the summary, although it is mentioned that he had been deprived of liberty since May 9, 2020.

The imposed fines (7 UTM in total) will be paid in monthly installments.
In case of non-payment of an installment, the entire fine will be enforced.
Non-compliance with the fines will lead to conversion to community service or, failing that, reclusion. For the fine of 1 UTM, it will be converted to 3 days of reclusion (with a credit of 1 day) or 16 hours of community work. For the fine of 6 UTM, the conversion will be to 18 days of reclusion or 144 hours of community work.
Regarding community work, the defendant must contact the delegate of the CRS of Puerto Montt, after the sanitary emergency concludes, to establish a work plan of 144 hours plus 16 hours.