2024-05-17 17:05:30
The court docket raised a collection of questions concerning the work of the prosecution’s specialists, who had been unable to show the guilt of the accused past an affordable doubt.
A collection of questions concerning the work carried out by the prosecution’s specialists made the decide of the Fourth Oral Felony Trial Courtroom of Santiago when studying the decision that decreed the acquittal of the previous head of the Military, Juan Fuente-Alba, and his spouse, Ana María Pinochet.
In keeping with what was unanimously resolved by the members of the court docket, the prosecution did not show, past all cheap doubt, that the rise in belongings was because of cash laundering. Actually, within the studying of the sentence a number of “inconsistencies in professional experiences“.
In its ruling, which was learn by Decide Carolina Escandón, the court docket said the existence of “cheap doubts concerning the solidity of the tax accusation and concerning the rigor, seriousness and reliability of the asset evaluation on which the Public Ministry relied to hold out its accusation.”
The ultimate sentence might be learn on August 5.
The acquittal verdict of Fuente-Alba and Pinochet
After studying the decision, Juan Miguel Fuente-Alba mentioned that “the rule of legislation has been restoredwho ultimately was significantly injured by the persecuting physique, the prosecutor (José) Morales, essentially.”
In the meantime, concerning the crime of embezzlement of public funds, it was said that the army justice system is investigating it, so the civil court docket didn’t have the facility to analyze the matter. On this regard, Fuente-Alba mentioned that he wouldn’t consult with the problem “as a result of there may be an open course of“.
“It was completely confirmed that within the work of the prosecutor’s workplace and the police, this patrimonial historical past was not investigated in any respect, a lot in order that they used a time period that for this kind of case is tremendous essential, which is to make the distinction between what was earlier than and what occurred throughout”, said the protection lawyer, Miguel Chaves.
In the meantime, prosecutor José Morales assured that he supported the work of the specialists and mentioned that now will analyze the failure to find out the steps to comply with.
What’s the distinction between acquittal and innocence
The Chilean Penal Code establishes that Each accused begins the judicial course of with a presumption of innocencewhich can change because the case progresses, which can lead, for instance, to ordering preventive detention or different precautionary measures.
Relating to the decision of innocence in a trial, this suggests that The proof supplied by the events led the court docket to absolutely the conviction that the accused had no reference to the crime. for which he was judged.
Quite the opposite, The truth that an accused is acquitted doesn’t essentially imply that he’s harmlesshowever solely that the accusatory occasion didn’t present the proof essential to persuade the members of the court docket that the accused is responsible of the crime past an affordable doubtwhich was what occurred within the case of the previous commander in chief of the Military, Juan Miguel Fuente-Alba.