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CDE participó en nueva formalización de causa en que se investigan graves delitos de corrupción cometidos en contra de Municipalidad de Tierra Amarilla

Hector Naveas 2410 Views 136 Comments

El Consejo de Defensa del Estado participó en la audiencia de formalización llevada a cabo hoy martes en el marco de la investigación penal por delitos de fraude al Fisco, cohecho y soborno cometidos en perjuicio de la Municipalidad de Tierra Amarilla, en la Región de Atacama.

En la audiencia realizada ante el Juzgado de Garantía de Copiapó se formalizó a la persona jurídica Compañía Contractual Minera Candelaria, CCMC, por su responsabilidad en el delito soborno del artículo 250 del Código Penal, en relación con lo dispuesto en la Ley 20.393, sobre responsabilidad penal de las personas jurídicas.

Asimismo, se procedió a reformalizar al ex alcalde de Tierra Amarilla Osvaldo Delgado, por su participación en calidad de autor del delito de cohecho pasivo del artículo 248 bis del Código Penal; y al ex gerente de CCMC Miguel Troncoso, como autor del delito de soborno.

Para Troncoso, el Tribunal confirmó la medida cautelar de arraigo nacional que le fue decretada en la primera audiencia de formalización, celebrada en octubre de 2020, y fijó para el 18 de mayo la audiencia en que se discutirán nuevas medidas cautelares para Delgado, quien se encuentra formalizado en otras tres causas en que se investigan delitos de corrupción.   

El Consejo de Defensa del Estado interviene como querellante en esta causa tras la acción penal interpuesta en octubre de 2019 –posteriormente ampliada en mayo y septiembre de 2020–, mediante las cuales se persiguen delitos de fraude al Fisco, cohecho y soborno.

De acuerdo con los antecedentes de esta nueva formalización, se investiga la responsabilidad de los imputados en el contexto de una millonaria transacción de carácter ilegal que implicó que dicha Municipalidad no impugnara la Resolución de Calificación Ambiental del proyecto de continuidad operacional de la minera hasta 2030, renunciando al ejercicio de toda acción de reparación de daño ambiental, en clara infracción al artículo 44 de la ley 20.600.

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