[ad_1]
This Saturday, in a unanimous ruling, the second chamber of the Temuco Court of Appeals rejected the appeal for amparo filed by the defense of the former GOPE NCO, Braulio Valenzuela, one of the defendants in the Catrillanca case.
The former rabbi had been sentenced to 3 years and one day and 61 days in prison, with the benefit of intensive probation, for the crimes of unjustified shooting and obstruction of the investigation. On January 30, the court of appeal decreed the preventive detention of the convicted person.
The ruling in the Catrillanca case maintains that “the power to substitute the custodial or restrictive sentence of liberty in the case of crimes or quasi-crimes that are committed using any of the weapons or elements mentioned in letters a), b), c), d ) and e) of article 2 and in article 3 of the aforementioned law Nº17,798, circumstances that, in particular, affect the appellant “.
It also adds that “the precautionary measure of preventive detention imposed on the protected person has been by competent authority, in a legally processed process, fully observing the guarantees of the intervening parties, and resolving the magistrates in the exercise of their powers and with the corresponding formalities , so from a formal point of view it is not possible to reproach them for what they decided.
“This is a case in which all the forms provided for in the law have been observed, and the resolution that imposed preventive detention on the person under protection was duly founded, in the terms established in articles 36, 122, 143 of the Criminal Procedure Code, and it has been issued by an authority provided with powers in that sense, without the law considering resources through which the merit of its foundations can be reviewed, “the opinion adds.
The magistrates also considered that “it appears inadmissible that, under the appearance of being an unsubstantiated resolution, the use of constitutional protection is used to review the merit of jurisdictional resolutions that have been issued in the course of duly regulated procedures.”
Aton Chile
[ad_2]
