A mother from the city of Antofagasta has been faced with justice after being denounced for alleged threat against his son. “I’m going to beat the crap out of you!”was the phrase that originated everything.
The events date back to October 29, 2023, when at her home the accused shouted at her son: “I’m going to beat the crap out of you!” either “It makes me want to take the shit out of you!”. The minor’s father would have been the one who made the complaint and requested the intervention of Carabineros.
After a first trial, in April 2024, the woman was sentenced to 61 days of minor imprisonment in its minimum degree, without jail, for the crime of threats in the context of domestic violence. However, the mother did not accept the ruling and, through an appeal, achieved the annulment of the sentence.
The Court of Appeals of Antofagasta considered that the mother’s words were not weighted correctly and that, if they had been true, cannot be considered a “serious and credible” threatreported Diario Constitucional.
Why wouldn’t it be a threat?
“It does not seem that the expressions ‘I want to take your dick out‘ either ‘I’m going to take the piss out of you’may be subsumed into a specific criminal type, and if this is possible, no reference has been verified in the questioned jurisdictional act,” it was questioned.
Furthermore, the ruling that annulled the conviction estimated that the child, in his statement, said he had heard different words and that when the Carabineros arrived at the house, the little boy was sleeping, which “it seems to blur the seriousness of the threat made by the accused moments before”.
On the other hand, the court of appeal warned that “The accusation does nothing but benefit the parent of the child, so there is secondary gain”.
Now, the Court ordered that a new oral trial simplified before a non-disqualified judge.
