Penal - Rol O-6230-2023

This document details a criminal case heard by the Fourteenth Guarantee Court of Santiago. The case involved accusations against Karina Belén Varas Peña and Carlos Antonio Heldt Pino. The prosecution alleged that Varas Peña threatened Paola Soledad González Navarro, while Heldt Pino allegedly threatened Navarro and Sergio Hernán del Valle Llanos, assaulted Llanos, and assaulted municipal inspector Nicolás Sepúlveda Bravo, stemming from a public space dispute. The prosecution sought penalties including jail time and fines. However, the court ultimately acquitted both defendants due to insufficient evidence presented by the prosecution, noting inconsistencies in witness testimonies, particularly from a police officer. Key legal provisions cited include articles related to threats, minor offenses, mitigating and aggravating circumstances, and criminal procedure.

• Basic case details: * Court: Fourteenth Guarantee Court of Santiago. * RUC: 2301243785-4 * RIT: 6230-2023 * Date of judgment: June 4, 2024. * Type of procedure: Simplified oral trial.

• Proven facts: * On November 4, 2023, on Serafín Zamora street, La Florida commune, Nombre allegedly threatened Paola Soledad González Navarro. * On the same day, Carlos Antonio Heldt Pino, Varas Peña's partner, allegedly threatened Paola González and Sergio Hernán del Valle Llanos, the former's partner, in addition to assaulting the latter and municipal inspector Nicolás Sepúlveda Bravo. * The origin of the events was allegedly a dispute over public space.

• Legal classification and sentence imposed: * The Public Ministry accused Nombre of a simple threat offense and Carlos Antonio Heldt Pino of a simple threat offense and the offense under Article 494 of the Penal Code. * The Prosecutor's Office requested 540 days of minor imprisonment in its minimum degree for Nombre and for Carlos Heldt Pino, two penalties of 7 days of minor imprisonment in its minimum degree for the threat offenses and 4 UTM for the criminal offense. * The court acquits both defendants of all charges...