[ad_1]
This Wednesday, the lawyer Hernán Calderón Salinas He withdrew the qualification of “frustrated patricide” in the complaint he filed against his son, Hernán “Nano” Calderón Argandoña.
The event occurred after the alleged affected person delivered an official letter to the Fourth Guarantee Court of Santiago, where it reclassified the criminal action as a crime of serious injuries in the context of Intrafamily Violence.
In the text, Calderón Sr. would have recounted what happened last August 11, the day on which the attack that set off the alarms occurred: the young man would have arrived at his father’s apartment to attack him with a knife in his hand, resulting in injuries.
“In the opinion of this intervener, the facts described constitute the crime of Serious Injuries in the context of Intrafamily Violence, of the Article 397 No. 2 of the Penal Code“Says the trade.
The article in question states, in its number 2, that “whoever hurts, hits or mistreats another, will be punished as responsible for serious injuries (…) with that of minor prison in its medium degree, if the injuries produce the offended illness or incapacity for work for more than thirty days ”.
What could happen?
Faced with this situation, the Master in Criminal Law and Director of Postgraduate Studies of the Faculty of Law at the Finis Terrae University, Alejandro Leiva, commented to BioBioChile that Calderón Sr. acted as a consequence of his powers as a plaintiff.
“The plaintiff may request that he be convicted of whatever crime he sees fit. This, without prejudice to the legal qualification made by the Public ministry (MP) of the conduct and of the qualification for which, finally, the court condemns ”, he warned.
In other words, despite this new antecedent, the MP could maintain its position regarding the frustrated parricide and, on the other hand, the Court, if there is a precedent, could convict on the same grounds.
Regarding a possible reformalization of charges to “Nano”, the expert explained that it is a power that the MP can use at any time and that, strictly speaking, it is not the responsibility of the complainant.
In any case, it considers that it is not feasible for it to be reformed since “the grounds for which the MP formalized were not taken into consideration of the complaint, they were taken into consideration of the facts (…) I see it difficult for the MP to reform ”.
If the Prosecutor’s Office opts for this measure, the accused now I would risk minor prison in its minimum degree, a penalty that ranges from 541 days to 3 years and one day, which, by the way, is much less than that attributed to a crime of frustrated patricide.
Get out of jail?
Hernán “Nano” Calderón, son of the communicator Rachel Argandoña, is in preventive detention in the prison James 1, a precautionary measure decreed by the 9th Chamber of the Court of Appeals of Santiago, after an appeal by the Prosecutor’s Office to the first decision in which the person formalized had to comply with the precautionary measure in a psychiatric center.
With this new scenario and an eventual reformalizationLeiva assured that “it is very likely that the court will order the release of Hernán Calderón Argandoña. That is to say, that he is no longer in preventive detention“.
This, as detailed, because Law 18,216, which establishes penalties as substitutes for custodial or restrictive penalties, could be applied. With this rule, Calderón Argandoña would not risk an effective jail sentence, “Therefore keeping him in pretrial detention would lose all meaning.”
[ad_2]
