2024-08-07 15:27:38
The Court of Appeals of Rancagua considered that Eduardo Macaya’s chances of escape had increased after the privileged treatment he received from the Gendarmerie, so it maintained his preventive detention precautionary measure.
The Court of Appeals of Rancagua confirmed this Friday that Eduardo Macaya will remain in preventive detention until the appeal for annulment filed by his defense is reviewedafter the father of the former UNI president was sentenced to six years in prison for repeated sexual abuse of two girls.
The decision of the Rancagua court was unanimous and took into account “the background on the privileged treatment received by the accused in the Chilean Gendarmeriewhich even led to an administrative summary and the opening of a criminal investigation for bribery and influence peddling.”
According to what was specified by the court, the above constitutes a well-founded presumption “on a significant increase in the risk of flightas they reveal a possible manipulation of the prison regime and, therefore, an ability to circumvent compliance with the precautionary measure in the manner in which it was imposed and consequently evade the action of justice by fleeing.”
In its resolution, the appellate court stated in this context that the background information in its possession “allows us to conclude that The financial guarantee and other precautionary measures imposed on the accused are insufficient to guarantee the purposes of the same and the eventual execution of the sentence.thus preventive detention is the only measure that, at this stage of the procedure, allows to safeguard the now increased risk of flight.”
Background justifies preventive detention
The court added that “although the sentence imposed on the accused is not final, The new background (…) amply justifies the imposition of preventive detentionwhich in no case can be classified as an advance sentence, since its purpose is not to speed up the execution of the eventual sentence, but effectively ensure that the accused remains subject to the procedureuntil their procedural situation is definitively resolved.”
Finally, it determined that “for these considerations and in accordance with articles 140, 360 and following of the Criminal Procedure Code, The resolution (…) issued by the Oral Criminal Court of San Fernando, which ordered the preventive detention of the accused Macaya Zentilli, is confirmed“.