Penal - Rol O-31-2019

A prosecution of CLAUDIO ANDRÉS CASTRO LLANOS for Robbery in an Uninhabited Place.

Facts: On September 24, 2018, CLAUDIO ANDRÉS CASTRO LLANOS and another individual forced entry into the medical center Roy H. Glover. They stole various items including a television, computers, and a compressor. The police identified the defendant from surveillance footage. He was apprehended with some of the stolen goods and confessed.

Legal Qualification and Sentence: Convicted of Robbery with Force in an Uninhabited Place (Article 442 No. 1 of the Criminal Code) as consummated. Sentenced to 3 years and 1 day of medium-term imprisonment, maximum degree. Accompanying penalties: Absolute perpetual disqualification from holding public office and political rights during the sentence.

Defendant's Background: Name: CLAUDIO ANDRÉS CASTRO LLANOS Age: 47 Occupation: Laborer Criminal Record: Multiple prior convictions for property crimes (robbery and receiving) between 2015 and 2018.

Mitigating/Aggravating Factors: Mitigating: Substantial cooperation in clarifying the facts (Article 11 No. 9 of the Criminal Code). Aggravating: Specific recidivism (Article 12 No. 16 of the Criminal Code) due to prior convictions for robbery in uninhabited places. Impact: The minimum sentence was applied after considering both factors.

Arguments: Prosecution: Presented evidence of facts and participation, requested sentence of 3 years and 1 day plus accessory penalties. Defense: Acknowledged participation and cooperation, requested application of the mitigating factor, balancing aggravating and mitigating factors, and the minimum sentence, plus exemption from costs.

Key Tribunal Findings: Evidence: Valued police testimony, security footage, photographs, and the defendant's own statement. Elements of the Offense: All elements of robbery with force in an uninhabited place were established. Defendant's Participation: Direct participation in the crime was confirmed. Sentencing: Mitigating and aggravating factors were considered for sentencing.

Relevant Legal Provisions: Articles 15 No. 1, 11 No. 9, 12 No. 16, 29, 31, 104, 432, 440 No. 1, 442 No. 1, 449, and 567 of the Criminal Code. Articles 297, 468, and 600 of the Code of Criminal Procedure. Law 18.216.

Sentence Execution: No alternative penalties were granted; the sentence must be served effectively.

Appeals: No information on appeals filed is mentioned in the ruling.

• Case Basic Data: * Court: Calama Oral Criminal Trial Court. * RIT: 31-2019. * RUC: 1800933543-5. * Sentence Date: September 25, 2020. * Procedure Type: Robbery in an Uninhabited Place.

• Established Facts: * Date: September 24, 2018. * Location: Roy H. Glover Medical Center, located at Vicuña Mackenna St. No. 2201, Calama. * Conduct: Nombre, along with another individual, forced the lock on the access gate to the medical center. They entered, searched the premises, and stole various items (television, computers, compressor, etc.). The Carabineros, after reviewing recordings, identified the defendant, who was found in an undeveloped lot with some of the items and acknowledged his participation.

• **Legal Qualification and ...