Penal - Rol O-1544-2024

This document summarizes a legal case involving the possession of a cell phone in a penal facility.

Key Case Details:

• Court: Juzgado de Garantía de Colina.
• RUC: 2400095848-0, RIT: 1544-2024.
• Accused: MICHEL LEONARDO CÁRCAMO IBARRA.
• Offense: Possession of a cell phone in penal facilities.
• Sentence Date: July 2, 2024.

Established Facts:

• On January 11, 2024, at 3:10 PM, within the Colina II Penitentiary Center, MICHEL LEONARDO CÁRCAMO IBARRA was found with a Samsung cell phone, including its battery and two Wom company SIM cards, without authorization.

Legal Qualification and Sentence:

• Found guilty as the perpetrator of the offense of possessing a cell phone in Gendarmerie facilities, as per Article 304 TER of the Penal Code.
• Sentence: Forty-one days of imprisonment at its maximum degree.
• Accessory Penalty: Suspension from public office or duty for the duration of the sentence.
• Stage of Development: Consummated.

Benefits/Accessory Measures:

• Confiscation of a Samsung cell phone, with integrated battery, and 2 Wom company SIM cards.
• Exempted from paying costs, as the accused avoided an oral trial.

Accused's Background:

• Name: MICHEL LEONARDO CÁRCAMO IBARRA.
• Identity Card: 0010446199-9.
• Date of Birth: July 10, 1971.
• Nationality: Chilean.
• Address: Calle JULIO CORDERO Nº 2525, Recoleta.

Alleged Mitigating/Aggravating Factors:

• Mitigating Factor: Article 11 N°9 of the Penal Code.
• No aggravating factors were mentioned.

Prosecution and Defense Arguments:

• Prosecution and defense arguments are not detailed.

Court's Rationale:

• Court's rationale is not detailed.

Cited Legal Provisions:

• Article 304 TER of the Penal Code.
• Article 11 N°9 of the Penal Code.
• Article 468 of the Code of Criminal Procedure.

Conditions of Suspension and Consequences of Non-Compliance:

• The sentence is to be served effectively, without deductions.

Possibility of Appeals:

• The parties waived their right to appeals and legal deadlines.

• Basic case information:

• Court: Juzgado de Garantía de Colina.
• RUC: 2400095848-0, RIT: 1544-2024.
• Accused: MICHEL LEONARDO CÁRCAMO IBARRA.
• Offense: Possession of a cell phone in penal facilities.
• Sentence date: July 2, 2024.

• Proven facts:

• On January 11, 2024, at 3:10 PM, at the Colina II Penitentiary Center, MICHEL LEONARDO CÁRCAMO IBARRA was found with a Samsung cell phone with an integrated battery and two Wom company SIM cards, without authorization.

• Legal classification and sentence:

• Guilty as the perpetrator of the offense of possession of a cell phone in Gendarmerie facilities, according to Article 304 TER of the Penal Code.
• Sentence: Forty-one days of imprisonment at its maximum degree.
• Accessory: Suspension of public office or duty during the term of the sentence.
• Degree of development: Consummated.

• Benefits/accessory measures:

• Confiscation of a Samsung cell phone, with integrated battery, plus 2 Wom company SIM cards.
• Exemption from costs, as the accused avoided an oral trial.

• Accused's background:

• Name: MICHEL LEONARDO CÁRCAMO IBARRA.
• Identity card: 0010446199-9.
• Date of birth: July 10, 1971.
• Nationality: Chilean.
• Address: Calle JULIO CORDERO Nº 2525, Recoleta.

• Mitigating / aggravating f...