The second chamber decreed to suspend the procedure in accordance with article 458 of the Criminal Procedure Code and ordered the release of the person involved in threats to the Quillota judge.
Unanimously, the second chamber of the Court of Appeals of Valparaíso accepted the protection deduced by the chief local defender of Quillota, Dagoberto Pastén, against the resolution of the Quillota Guarantee Court that rejected the request to suspend the procedure in accordance with article 458 of the Code of Criminal Procedure and decreed preventive detention.
MENTAL DISABILITY
The lawyer pointed out that the protected person who was formalized on May 27 for threats against the judge of the Quillota Guarantee Court, has a disability of 72.50% mental or psychic and 24.80% sensory.
He added that he registers other suspended cases in accordance with the norm invoked. “The psychiatric report carried out in 2020 concluded that he has a serious alteration of his mental faculties that affects his psychological functions in a broad and permanent manner.”
DISPROPORTIONATE CAUTION
In the two-page ruling, Minister Silvana Donoso, substitute Minister Rodrigo Cortes and lawyer Integrante Felipe Caballero, resolved in the fifth recital that “in addition, given the penalty assigned to the crime for which the actor is being investigated, it is disproportionate to decree a burdensome precautionary measure as would be any deprivation of liberty, so, in this regard, the appeal filed will also be accepted, in the way that will be stated in the resolution.
They add that “in accordance with the provisions of article 21 of the Political Constitution of the Republic of Chile and Agreed Order of the Excma. Supreme Court, on the matter, accepts, without costs, the appeal for protection filed in favor of BAOH, against the Guarantee Court of Quillota, leaving without effect the decision that rejected the suspension of the procedure in accordance with the provisions of the article 458 of the Criminal Procedure Code, requested by his defense, declaring instead that the aforementioned suspension is granted, ordering the immediate freedom of the protected person.
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