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Corte de Apelaciones de Copiapó rechaza recurso de amparo por comparecencia de Hugo Pastén en forma remota a juicio oral

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La Corte de Apelaciones de Copiapó rechazó el recurso de amparo interpuesto por la defensa de Hugo Paolo Pastén Espinoza, acusado por el Ministerio Público como autor de los delitos de homicidio calificado, incendio, robo de vehículo, secuestro con homicidio y sustracción de menor con homicidio, entre otros, en contra de Gendarmería y del Tribunal de Juicio Oral en lo Penal de la ciudad, que desestimó solicitud de comparecencia en forma presencial al juicio oral en su contra, cuyo inicio está programado para el próximo lunes 23 de mayo.

En fallo unánime (causa rol 54-2022), la Primera Sala del tribunal de alzada –integrada por el ministro Rodrigo Cid Mora, el fiscal judicial Carlos Meneses Coloma y el abogado (i) James Richards Garay– desestimó la acción constitucional de amparo deducida, tras constatar que la comparecencia del imputado a través de medios telemáticos desde el Complejo Penitenciario de Huachalalume de La Serena, no constituye una perturbación o amenaza a la libertad personal o seguridad individual del recurrente.

“Que, a mayor abundamiento, no es posible obviar que la acción de amparo no es ejercicio abstracto, sino concreto, sin que ni en su escrito de postulación, ni en los alegatos ante esta Corte, la parte que recurre de amparo, haya podido señalar siquiera, mucho menos acreditar, la amenaza o vulneración de la libertad o seguridad individual del acusado, por la mera circunstancia de no ser trasladado a la audiencia de juicio oral, que impliquen afectación a su libertad personal, cuestiones por las cuales en definitiva no resulta posible estimar que exista en este caso alguna privación, perturbación o amenaza a la libertad personal o seguridad individual, de carácter arbitraria o ilegal, conforme lo exige al artículo 21 de la Constitución Política de la República, razón por la cual la presente acción de amparo deberá ser desestimada, como se expresará”, sostiene el fallo.

La resolución agrega: “Que lo anterior, es sin perjuicio de la obligación de las recurridas, Tribunal de Juicio Oral en Lo Penal de Copiapó y Gendarmería de Chile, dentro del ámbito de sus atribuciones, de velar por la comunicación entre el imputado y la defensa; y porque dicha comunicación sea oportuna, continua y con la debida anticipación al juicio”.

Asimismo, la corte copiapina dispuso que: “(…) deberá considerarse, en caso de que lo anterior no se cumpla, la posibilidad de que, a petición de la defensa, el imputado sea trasladado a un tribunal con competencia penal de la ciudad de La Serena con la finalidad de que comparezca al juicio o se comunique con su defensa”.

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