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The Prosecutor’s Office issued a public statement regarding the bill promoted by opposition senators that seeks to pardon those accused and convicted of crimes committed in the context of social outbreak, ensuring that they are political prisoners.
Despite the low probability that the initiative will have sufficient support in Congress, the president, Sebastián Piñera, warned on Monday that he would veto it if necessary.
In this scenario, after a meeting of the Council of Prosecutors made up of the national prosecutor and each of the regional prosecutors, the Public Ministry decided to issue a statement categorically rejecting the project and ensuring that those who have been convicted or are in preventive detention, do so. in strict adherence to current regulations.
The declaration:
“The actions of the Chilean Public Prosecutor’s Office are framed within the institutional mandate granted by the Constitution and the laws, and its prosecutors carry out their duties with autonomy and strict adherence to the law, actions always subject to scrutiny and control by the Courts of Justice and, therefore, beyond any arbitrariness ”, they start by pointing out in the document.
“The Chilean Prosecutor’s Office reaffirms its commitment to the protection of the fundamental rights of people, through investigations that give full guarantees of objectivity, seriousness and transparency, which implies prosecuting all acts that are criminal, regardless of who commits them, “they add.
“All the persecutory actions undertaken by the prosecutors have as their sole and exclusive motivation the search for reparation for acts constituting crimes, in any context. Therefore, there is no question of any non-legal considerations in the criminal prosecution exercised by the Public Ministry. Whoever supports it has the duty to prove it ”, they emphasize.
“Faced with particularly serious events and duly based on the antecedents emanating from the investigations being carried out, the Prosecutor’s Office requests precautionary measures of greater intensity, such as preventive detention, which are evaluated in public hearings, in which the defense of the accused intervenes and in which a Court of the Republic decides, a decision that is regularly reviewed, in turn, by a higher collegiate court. This process prevents any arbitrariness ”, they maintain.
“Consequently, the Chilean Public Prosecutor’s Office cannot share assertions in order to there would be hundreds of people deprived of liberty for minor crimes, or against whom an improper or disproportionate use of criminal law would have been made. The people subjected to the action of the Courts of Justice are not in this condition because of their thoughts or opinions, but because of acts that constitute crimes ”, they say.
“Criticisms of the procedural status of cases related to the social outbreak context constitute an unacceptable generalization, which demands their authors to individualize them”, they emphasize.
“In this context, the Chilean Public Prosecutor’s Office makes present that a bill of pardon like the one presented in the National Congress in recent days could constitute a very serious signal for social coexistence, as it raises conditions that would nullify, among other causes, the sentence to 11 years in prison imposed on John Cobin, for attempted murder and the Arms Control Law, after shooting on the public highway in Viña del Mar, on November 10, 2019; or it would prevent prosecution of the criminal responsibility of the two defendants in preventive detention for the attack with an explosive device in the Tánica building, on February 27 of this year ”, they conclude.
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