The Court of Appeals of Rancagua rejected the appeal for annulment filed against the sentence that sentenced Alexis Rigoberto Maturana Romero to a sentence of 5 years and one day in prison, as the author of the completed crime of simple homicide, Illicit committed in January 2017, in the commune of Coinco. In a unanimous ruling, the Second Chamber of the appeal court ruled out an error of law in the contested sentence, issued by the Oral Criminal Trial Court of Rancagua.
The incident took the life of a person after an attack with a knife, indicating in the ruling “that the moment of manipulation of the weapon by the convicted person constitutes the central axis of the discussion, which had to be clarified through eyewitnesses.” of the fact, one of them, with the initials RIML, who declared in ambiguous and imprecise terms
The fight “occurred in a public esplanade where more than 100 people were interacting, in a party atmosphere where alcohol was consumed, shouted and danced, which according to the logic and maxims of the experience indicates the existence of aggression.” illegitimate action on the part of the deceased and lack of sufficient provocation on the part of the accused, which would allow him to be exempted from responsibility, consequently rejecting the configuration of the alleged self-defense,” the ruling states.
The alternative theory proposed by the accused, “is articulated on the basis that a friend was beaten by the victim and a group of subjects, for which he came to his defense, however, this friend was not presented at the trial to give an account. of this, and during the investigation he declared extrajudicially that he had gone to sleep next to the convicted man, who was not there the next day and was wanted by Carabineros personnel.”
The references that the defense witnesses make are “erratic” and insufficient to conclude that he had actually been attacked by several people with blows with their feet all over his body, a version that, moreover, is not consistent with the attention given by emergency of the accused, a document that records minor injuries consisting of a lower lip hematoma and healing injuries on both arms (the latter of old date).”
The multiple cut wounds on the corpse differ with the defense thesis in that there were only two defensive blows that were inflicted, the wounds on the corpse were not of the defensive type. Furthermore, both the victim and his attacker were standing, one in front of the other, with the latter being higher up because he was taller.
The ruling indicates that “Because of the above and, because the presuppositions of the grounds for nullity contemplated in letter e) of article 374 of the Code of Criminal Procedure are not configured, the appeal deduced must necessarily be declared void,” it concludes.
The article Confirmed sentence of 5 years in prison against subject who attacked his victim with a knife was first published in El Rancagüino.
