Penal - Rol O-4583-2023

The case concerns JOSE FRANCISCO CONCHA MARDONES, who was charged with driving a vehicle with a forged circulation permit. The permit was issued by the Municipality of Padre Hurtado and later determined to be false by a LABOCAR expert. The prosecution argued that CONCHA MARDONES knowingly used the false document, citing his experience as a professional driver. The defense contended that the prosecution failed to prove CONCHA MARDONES' knowledge of the forgery. The court acquitted CONCHA MARDONES, finding that while the objective facts were proven, the subjective element of the crime (intent or knowledge of the falsity) was not established beyond a reasonable doubt. The court reasoned that the falsity was not obvious and did not infer knowledge based on CONCHA MARDONES' relationship with the bus owner or the circumstances of obtaining the permit.

• Basic Case Information:

  • Court: 14th Guarantee Court of Santiago.
  • RUC: 2300895690-1
  • RIT: 4583-2023
  • Date: October 4, 2024
  • Procedure Type: Simplified

• Proven Facts:

  • On August 18, 2023, at approximately 09:10 hours, JOSE FRANCISCO CONCHA MARDONES was driving vehicle license plate NN-9682 on Avenida Sótero del Río in front of N°191, La Florida commune, Santiago.
  • He was stopped by Carabineros de Chile, who requested his documents.
  • He presented a circulation permit issued by the Municipality of Padre Hurtado.
  • Carabineros contacted the municipality, which reported the document was not valid.
  • A LABOCAR expert report determined the circulation permit was false.

• Legal Qualification and Sentence:

  • Offense: Driving knowingly with a false circulation permit, under Article 192, second paragraph of Law No. 18.290.
  • Sentence sought by the prosecution: 540 days of lesser prison in its minimum degree, accessory legal penalties, and costs.
  • Final Decision: Acquittal of the accused.

• Relevant Defendant Information:

  • Name: JOSE FRANCISCO CONCHA MARDONES
  • ID No.: RUT
  • Date of Birth: November 10, 1977 (45 years old at the time of formalizat...