Penal - Rol O-189-2020

This document summarizes a legal case involving Forestal El Astillero Limitada and several individuals accused of arson. The case was heard by the Juzgado de Garantía de Molina, with the RUC 2010008997-2 and RIT 189-2020. The sentence date was May 9, 2022, and the procedure was abbreviated. The crime was forest fire.

The accredited facts state that between December 1, 2019, and May 20, 2020, brigadistas from "Bravo Charly 5" intentionally started fires on Forestal El Astillero properties in Molina to gain economic benefits. Specific incidents included fires on January 29, 2020 (1.54 hectares), February 7, 2020 (0.7 hectares), February 9, 2020 (14.989 hectares, affecting adjacent lands and the Radal 7 Tazas National Park), April 1, 2020 (0.2 hectares), and April 9, 2020 (0.3 hectares).

Osvaldo Ignacio Soto Novoa, Jordan Alexis Salinas Mitre, Guillermo Antonio Soto Castillo, and Jaime Jonathan Castillo Tragnolao were found guilty of arson (Article 476 n° 3 of the Penal Code), each receiving a sentence of five years of lesser imprisonment in its maximum degree. Jorge Antonio Cortes Gutierrez and Juan Carlos Belmar Villegas were also found guilty of arson under the same article, receiving sentences of three years and one day of lesser imprisonment in its maximum degree.

All convicted individuals were granted the substitution of their prison sentences with intensive supervised release, as per Article 15 bis of Law 18.216. They are required to report to their respective Social Reinsertion Centers (CRS) within five days of the sentence becoming final to develop an intervention plan within 45 days. Additionally, a forensic DNA profiling sanction was imposed.

The summary does not specify aggravating or mitigating factors considered, nor the main arguments of the prosecution and defense. The court's decision is based on the evidence presented in the abbreviated procedure.

Relevant legal provisions include Article 476 n° 3 of the Penal Code (arson), various articles of the Penal Code (1, 7, 11 n° 6, 7, 9, 14, 15 n° 1, 29, 68, 69, 70), Articles 406 and following of the Code of Criminal Procedure, Law 18.216 (establishing the social reinsertion system), and Law 19.970 (establishing the forest fire protection system).

Failure to report to the CRS or comply with the intervention plan may result in the revocation of intensive supervised release and the effective execution of the prison sentence.

Information regarding appeals or resources filed is not specified in the summary.

• Basic Case Information:

  • Court: Juzgado de Garantía de Molina.
  • RUC: 2010008997-2.
  • RIT: 189-2020.
  • Sentence Date: May 9, 2022.
  • Procedure Type: Abbreviated.
  • Crime: Forest Fire.

• Accredited Facts:

  • Between December 1, 2019, and May 20, 2020, during the forest fire season, the defendants, brigadistas of the "Bravo Charly 5" brigade, intentionally started fires on Forestal El Astillero properties in the commune of Molina using candles and combustible plant material, aiming to obtain economic benefits.
  • Fact 1: January 29, 2020, at 14:28 hours, fire affecting 1.54 hectares of pine.
  • Fact 2: February 7, 2020, fire affecting 0.7 hectares of young pine.
  • Fact 3: February 9, 2020, fire aff...