The Courtroom of Appeals of Rancagua revoked the decision of the Oral Felony Trial Courtroom of San Fernando that ordered the preventive detention of Eduardo Macaya Zentilli and as an alternative maintained the precautionary measures of complete home arrest, nationwide roots and prohibition of approaching and talking with the victims and their dad and mom.
The court docket said that “for the reason that final time this Courtroom reviewed the precautionary measures imposed on the accused, within the Courtroom’s Incoming Case (dated July 13) the background data that was taken under consideration to dismiss the efficient preventive detention and keep the opposite precautionary measures imposed within the case has not modified considerably.”
“Though a remaining judgment was issued on July 19, 2024, sentencing the defendant to a sentence of 6 years of most jail in its minimal diploma, because the perpetrator of repeated crimes of sexual abuse towards two victims, the reality is that stated sentence is just not remaining and enforceable, so it has not induced a change within the procedural state of affairs of the accused, who, in accordance with article 4 of the Felony Process Code, is presumed harmless and have to be handled as such till a remaining conviction is issued,” the ruling states.
He provides that “in accordance with the above, the mere incontrovertible fact that the conviction was issued doesn’t justify imposing efficient preventive detention, as a result of though the conviction is larger than the fabric assumptions, this doesn’t essentially change the necessity for warning, because it doesn’t account for a rise within the danger of flight, for the reason that sentence imposed by the court docket is throughout the possible sentences that have been already considered on the time of changing preventive detention with bail, which, furthermore, has not but change into remaining.”
“Furthermore, the events concerned – the court docket continues – haven’t offered any proof that exhibits an actual improve within the danger of flight, in such a manner that it may be presumed that the accused will keep away from serving the eventual sentence, even much less so if, on the time of changing preventive detention with bail and ordering different private precautionary measures below Article 155 of the Felony Process Code, this Courtroom already thought of, on the time of setting the quantity, that the identical could be adequate to ensure the looks of the accused at trial and the eventual execution of the sentence.”
Lastly, the ruling states that “the interveners haven’t reported any episode that might be labeled as a breach of the precautionary measures imposed, in order that they can’t be thought of inadequate to ensure the looks of the accused on the trial and any eventual conviction, a context wherein the efficient preventive detention imposed by the court docket a quo is unfounded, which justifies reversing the appealed decision.”
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