Wolfenson Lawyers represents its clients against crimes of a patrimonial nature.
Our law firm has vast experience in the legal advice of people for the defense of their rights before procedures of criminal origin, highlighting those in which a violation of property rights is claimed. With lawyers specialized in criminal law, we provide adequate planning for both the defense and criminal prosecution of such crimes.
Wolfenson tries to provide each client with the attention and specialty that their case requires.
Here is a brief legal guide to provide you with guidance on property crimes:
What differences are there between robbery and theft in Chile?
Theft is that crime in which someone appropriates something from another using violence or intimidation in people or force in things (such as breaking a window). If the appropriation of something from another is done without violence, intimidation or force in things, it is theft.
What is the penalty for the most serious assaults in Chile?
To answer this question it is necessary to distinguish . Robbery with intimidation is what is known as an assault , in which a person or group of people threatens another person or a group of them or rightly assaults one or more people to give them things or money , etc.
The person guilty of robbery with violence or intimidation of persons , whether the violence or intimidation takes place before the robbery to facilitate its execution, in the act of committing it or after it has been committed to promote impunity, will be punished with variable penalties, according to the magnitude of the damage produced .
The most serious cases are robbery with homicide and robbery with rape . The legal amendment of July 2016 increased the penalties, which range from maximum prison in its maximum degree to qualified life imprisonment . In other words, the sentence ranges from 15 years and one day in prison to a qualified life sentence. If this last sanction is applied, the condemned person will not be able to seek parole before completing 40 effective years in prison .
The maximum prison sentence shall be applied in its maximum degree to simple life imprisonment when, together with the robbery, the castration of the victim occurs ; mutilation of any limb or injury that leaves the victim insane, useless for work, powerless, handicapped by an important or noticeably deformed member . The simple sentence of life imprisonment differs from qualified life imprisonment in that the condemned person could request his probation after 20 years of effective fulfillment.
If the victims are held under ransom or for a period of time longer than necessary to commit the crime or if they receive serious injuries, the penalty is 10 years and one day to 20 years in prison .
What penalties do other types of assaults have in Chile?
In general, robberies with violence or intimidation in people receive the maximum prison sentence in their minimum to maximum degrees , that is, five years and one day to twenty years of prison whatever the value of the species stolen.
What is surprise theft?
It is what is better known as the " throw ". It occurs when the author or authors operate surprisingly , appearing to quarrel or maneuver to cause confusion in public places. The penalty for this crime is 541 days to five years in prison.
How should judges determine penalties?
In the case of repeat offenders , the minimum degree of sentence will not be applied. A recidivism is considered , for these purposes, to have been previously convicted of crimes for which the law indicates the same or greater penalty or for a crime of the same kind .
For robberies, thefts, rustling (theft of livestock) and reception, it will be considered an aggravating circumstance that the accused has acted as part of a group or organization of two or more people, unless it is an illicit association , in which it has another penalty .
Wolfenson Abogados provides excellent legal advice and representation, with criminal lawyers specialized in crimes against property and wealth.
Links of interest on Crimes against the Integrity of Persons :
1.- Penal Code
3.- Chilean Prosecutor's Office
If you need more information and legal advice regarding property crimes, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.