Foto: Emol

Caso Luchsinger Mackay: Tribunal descarta calificación de terrorismo y absuelve a comuneros

Decisión TOP Temuco Caso Luchsinger Mackay:

1.- Tribunal Oral en lo Penal de Temuco acreditó la existencia del delito de incendio con resultado de muerte del matrimonio de Werner Luchsinger y Vivian Mackay, ocurrido en enero del 2013.

2.- Sin embargo, el tribunal descartó la calificación de ese delito como terrorista en la causa al no probarse que el hecho hubiera sido planeado con anterioridad y que hubiera tenido el afán de causar temor general en la población.

3.- Comprobada la existencia del delito y que no se trataba de uno de tipo terrorista, el TOP de Temuco analizó la participación de los 11 imputados en el caso.

4.- El Tribunal de manera unánime consideró que las pruebas aportadas en el juicio oral no fueron suficientes para comprobar la participación de ninguno de los 11 imputados en la causa.

5.- En este sentido, no existiendo antecedentes de cargo que permitan derribar la presunción de inocencia de todos los imputados solo correspondía su absolución.

6.- El tribunal absolvió a los 11 imputados del proceso y ordenó su puesta en libertad inmediata por disposición legal.

7.- La sentencia definitiva se dará a conocer el 14 de noviembre de 2017, a las 11:00 horas.

8.- Una vez dada  conocer la sentencia, el Ministerio Público y los querellantes podrán recurrir de nulidad ante la Corte de Apelaciones de Temuco  o ante la Corte Suprema, según la causal que expongan.



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