The event occurred in the regional capital in January 2023. Find out the details.
The Court of Appeals of Coyhaique rejected the appeal for annulment filed by the defense, against the sentence that sentenced Diego Rubén Avendaño Villaseca to the effective punishment of 13 years in prison as the author of the crime of simple, unlawful homicide. perpetrated on January 29, 2023, in the city.
In a unanimous ruling, the First Chamber of the appeal court confirmed the appealed sentence, handed down by the Oral Criminal Trial Court of Coyhaique, which also sentenced Avendaño Villaseca to 6 years in prison, with additional perpetual disqualification for positions and offices. public and political rights and absolute disqualification from tenured professions for the duration of the sentence.
The court resolved in a ruling that from a comparative examination of the facts contained in the tax accusation and the contested sentence, it is not possible to verify a violation of the principle of congruence.
The facts established and reflected in the contested sentence do not use the term ‘transfer’, used in the accusation to refer to the circumstance that inside the vehicle that the convicted person was driving, there was also a third party who fired the shots, and that culminate in ending the life of the victim.
This does not imply that there is no correspondence regarding the conduct carried out by the accused described in the facts contained in the tax accusation and those that the court considered accredited, and for which he is convicted, since the principle of congruence It goes beyond a mere literal or grammatical discrepancy.
Given this, it was decided to reject the annulment appeal filed by the defense, on behalf of the convicted Diego Rubén Avendaño Villaseca, against the final sentence pronounced on January 18, 2024, issued by the Oral Criminal Court of Coyhaique.
In addition, he was sentenced to 6 years of maximum imprisonment in its minimum degree, a fine of 40 UTM, and the accessory of perpetual disqualification from public positions and offices and political rights, and absolute disqualification from tenured professions, for the duration of the sentence. , for his responsibility as the author of a crime of illicit drug trafficking.
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