Penal - Rol O-417-2023

This document details a case involving two counts of robbery with force in an unoccupied place. The accused, identified as Nombre, with RUT RUT and residing at Dirección, was prosecuted by Sergio Ortega and defended by Patricia Lienlaf. The sentencing occurred on September 3, 2024, in the Twelfth Guarantee Court of Santiago. The court established that on February 12, 2023, the accused, along with others, forced entry into a commercial premises located at Dirección and stole goods valued at $20,000,000, including beer and wine. Subsequently, they forced entry into another unit at the same address, stealing items valued at $2,500,000, such as speakers, heaters, ovens, microwaves, bicycles, and safety shoes. The accused was apprehended after falling from the roof of the commercial building. The accused was found guilty as the perpetrator of two counts of robbery with force in an unoccupied place and received two sentences of 61 days of minimum minor imprisonment, with the accessory penalty of suspension of public office or employment during the sentence. These sentences were substituted for partial night-time house arrest, supervised by Gendarmerie of Chile, from 10:00 PM to 6:00 AM. The time spent in pre-trial detention on February 13, 2023, was credited towards the sentence. If the electronic monitoring at the residence proves unfavorable, the detention will be served in Gendarmerie facilities. No age or occupation details are provided for the accused, nor are any prior criminal records mentioned. The defense presented an attenuating circumstance under Article 11 No. 9 of the Penal Code, while no aggravating circumstances were found. The prosecution and defense arguments are not detailed in this summary, nor are the specific grounds of the court's decision, beyond the legal provisions applied. Legal provisions cited include Articles 1, 3, 5, 7, 11, 14, 15, 30, and 442 of the Penal Code, Articles 388 and subsequent of the Code of Criminal Procedure, and Law 18.216. The partial night-time house arrest is subject to Gendarmerie supervision, and any revocation of the substituted sentence will result in the execution of the imposed custodial sentence. The parties waived their legal appeal periods, rendering the sentence final.

• Basic case details:

  • RIT: 417-2023
  • RUC: 2300166323-2
  • Subject: 2 counts of robbery with force in an unoccupied place.
  • Accused: Nombre, C.I. RUT, residing at Dirección, La Pintana.
  • Prosecutor: Nombre.
  • Defender: Nombre.
  • Sentence issued on September 3, 2024.
  • Court: Twelfth Guarantee Court of Santiago.

• Proven facts:

  • On February 12, 2023, Nombre, along with other individuals, forced the locks of a commercial establishment located at Dirección and stole items valued at $20,000,000, including pallets of beer, wine, and beverages.
  • Subsequently, they forced entry into premises No. 5 at the same address, stealing items valued at $2,500,000, such as speakers, heaters, ovens, microwaves, bicycles, and safety shoes.
  • Nombre was arrested after falling from the roof of the commercial premises.

• Legal classification and penalty:

  • Nombre was convicted as the perpetrator of two counts of robbery with force in an unoccupied place.
  • He was sentenced to two terms of 61 days of minimum minor imprisonment, with the accessory penalty of suspension of public office or employment during the term of the sentence.

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