Penal - Rol O-9653-2021

The case involves Claudio Alexis Fernández Nahuelpán, who was accused of drug trafficking. The facts indicate that on October 21, 2021, he sold 2 grams and 820 milligrams of cocaine hydrochloride to an undercover agent for $20,000 in the parking lot of Autoplanet in Temuco. Additionally, a search of his residence at Calle Andrés Bello 1635 revealed 13 grams and 700 milligrams of cocaine hydrochloride and a digital scale. The court qualified the offense as illicit trafficking of small quantities of narcotic substances under Article 4 in relation to Article 1 of Law 20.000. The imposed penalty was 61 days of minor imprisonment, a fine, forfeiture of the seized substance, legal accessory penalties, and inclusion in the Register of Convicted Persons. The court granted conditional remission of the sentence, substituting the custodial sentence with one year of administrative control and assistance from the Center for Social Reintegration of Gendarmerie of Chile in Temuco, subject to the conditions of Article 5 of Law 18.216. The pecuniary penalty was deemed served due to time already served. The court acknowledged mitigating circumstances under Article 11 N° 6 and N° 9 of the Penal Code. Both the prosecution and defense agreed on the facts, with the defense requesting conditional remission and benefits under Law 18.216.

• Basic case information:

  • Court: Juzgado de Garantía de Temuco.
  • RUC: 2100950575-7
  • RIT: 9653-2021
  • Date: March 3, 2023.
  • Procedure Type: Simplified.

• Proven Facts:

  • Date and Time: October 21, 2021, approximately 11:15 AM.
  • Location: Temuco, including the Autoplanet parking lot (calle León Gallo 200) and the defendant's residence (calle Andrés Bello 1635).
  • Conduct:
    • The defendant, Nombre, was marketing drugs via the social network Grindr.
    • An undercover agent contacted the defendant through Grindr, arranging a transaction.
    • In the Autoplanet parking lot, the defendant sold 2 grams and 820 milligrams of cocaine hydrochloride to the agent for $20,000.
    • In his bedroom at his residence, a bag containing 13 grams and 700 milligrams of cocaine hydrochloride and a digital scale was found.

• Legal Classification and Sentence Imposed:

  • Offense: Illicit trafficking of small quantities of narcotic substances, according to Article 4 in relation to Article 1 of Law 20.000, in consummated degree and as perpetrator.
  • Sentence:
    • 61 days of minor imprisonment in its minimum degree.
    • Fine of 1/3 ...