Penal - Rol O-78-2022

This document details a criminal trial at the Court of Oral Criminal Trial of Linares. It outlines the charges, evidence presented, and the verdict for two robbery incidents involving the defendant, Claudio Alberto Henríquez Pinochet. The court found the defendant guilty of robbery with violence and robbery in a place intended for habitation, sentencing him to 10 years and one day of imprisonment. The defendant's participation in a third alleged robbery could not be proven due to insufficient evidence. The prosecution sought a harsher sentence, while the defense argued for acquittal, claiming the defendant was already in custody at the time of the offenses. The court's decision was based on testimonial, expert, and documentary evidence.

• Basic Case Information:

  • Court: Court of Oral Criminal Trial of Linares.
  • RUC: 1900996633-4.
  • RIT: 78-2022.
  • Date: September 5, 2022.
  • Type of Procedure: Oral trial.

• Proven Facts:

  • Fact 1 (Robbery with Violence): On September 14, 2019, around 04:15 hours, Nombre intercepted Nombre near the Linares cemetery. He struck him with a hammer and stole money and a cell phone.
  • Fact 2 (Robbery in a Place Destined for Habitation): On September 15, 2019, around 21:00 hours, Nombre and another individual entered the home of Nombre, located in Villa El Nevado, Linares, by breaking a window and stealing a television and cash.
  • Fact 3 (Robbery in a Place Destined for Habitation): The occurrence of a robbery at the house of Nombre on September 17, 2019, was established. However, the defendant's participation in this act could not be proven.

• Legal Classification and Sentence Imposed:

  • Crimes:
    • Robbery with Violence (Fact 1).
    • Robbery in a Place Destined for Habitation (Fact 2).
  • Sentence: 10 years and one day of major imprisonment in its medium grade.

• Relevant Defendant Background Information: ...