Oral Court of La Serena sentences the perpetrator of attempted femicide in Las Compañías to 4 years in prison – Nota Roja

Oral Court of La Serena sentences the perpetrator of attempted femicide in Las Compañías to 4 years in prison – Nota Roja
Oral Court of La Serena sentences the perpetrator of attempted femicide in Las Compañías to 4 years in prison – Nota Roja

The Oral Criminal Trial Court of La Serena sentenced RHTM to 4 years of effective imprisonment, as the perpetrator of the attempted crime of femicide. Illegal crime perpetrated in the Las Compañías sector in October of last year.

In a unanimous ruling, the court – made up of judges Nury Benavides Retamal (president), Eugenia Gorichón Gómez and Victoria Gallardo Labraña (editor) – also applied to the sentenced person the legal accessories of perpetual absolute disqualification for political rights and absolute disqualification for positions and public offices while the sentence lasts.

The court considered it proven, beyond all reasonable doubt, that in the morning hours of October 9, 2023, inside a property located in the Las Compañías sector of the La Serena commune, RHTM motivated by jealousy , he choked his cohabitant with his hands, with whom he has two children in common, seeking to suffocate her; in addition to hitting her with his fists on her face and body and threatening to kill her with a knife that he put to the victim’s neck. After the attack, the victim managed to flee to the house of a neighbor to whom she asked for help.

“Although these are clinically mild injuries, from the perspective of their healing time, it cannot be ignored that looking at the context in which they were committed, that is, in a fit of jealousy on the part of the author, (…) who subjected them to the person affected by behaviors of control and dominance, such as the search without her consent of her cell phone, accompanied by verbal expressions that threatened her with death, suffocating her, preventing her from getting out of that situation in different ways, even using a knife in her body. his neck, we can affirm that their intention was not to cause that less serious result, but rather that they were part of a developing path that would lead to taking his life,” the ruling states.

“In this sense, those allegations of the Defense were not shared in that they tried to outline a less burdensome legal classification of their action, in the figure of injuries and in particular, not only has the result of the injuries caused to the victim been assessed. as indicative of homicidal intent in his actions but, above all, the context of aggressiveness and emotional lack of control in which he attacked the affected person,” he adds.

For the court, in the species: “(…) there are two mitigating modifying circumstances of criminal responsibility that favor the convicted person, those of article 11 No. 7 and 9 of the Penal Code, in application of the provisions of article 67, fourth paragraph of the same legal body, the court may impose the sentence reduced by one or two degrees, depending on the number and entity of said circumstances. And considering the concurrent ones as of rather formal value, the reduction will only be accessed in one degree to that of the minor prison in its maximum degree, so once, in that range, in accordance with what is established in article 69 of the Code Penal considering that the extent of the evil caused by this act cannot be considered minor, having been executed in the presence of his children who were and are still children, the maximum punishment will be four years of minor imprisonment.” .

Magistrate Victoria Gallardo pointed out that: “The interesting thing that can be highlighted in this ruling is that despite the fact that what was proven regarding the victim were only minor injuries and also taking into consideration that the victim came to trial retracted, she only partially recounted what happened. At the time of the events, the court, after appreciating the evidence provided, acquired the conviction that at that time there were actions of hanging, a knife was used and death threats were also carried out, all of this in a context of a lot of provoked aggression. because of the jealousy of the author.”

The judge added that: “It was classified as an attempted crime because it was proven that there was a brief pause in the defendant’s actions that allowed the victim to go ask for help and seek refuge. It is for this reason that, since the crime is not completely executed, the law allows the penalty imposed to be less than that of the crime that is completely executed or consummated,” Gallardo Labraña concluded.

Once the ruling is enforceable, the court ordered that a biological sample be taken from the convicted person to determine his genetic fingerprint and incorporation into the national DNA registry of convicted persons.

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