Tras realizarse los alegatos de las partes esta semana, Corte de Apelaciones de Valparaíso fijó para el próximo viernes pronunciamiento sobre recurso de nulidad del juicio oral donde fue condenado a 5 años de cárcel Diego Vera, como responsable del accidente automovilístico que provocó la muerte de Javier Muñoz Delgado. (Foto archivo)
Como se recuerda el Tribunal Oral en lo Penal de San Felipe condenó a 5 años de cárcel a Diego Vera Pizarro, tras declararlo culpable del delito de conducción en estado de ebriedad con resultado de muerte del relator del CDF Javier Muñoz Delgado, en accidente automovilístico ocurrido en la Ruta CH-60, sector de Panquehue centro el pasado 29 de agosto del 2015.
El recurso fue ingresado dentro de los plazos establecidos al Tribunal Oral en lo Penal de San Felipe por el defensor privado del condenado, abogado Tyrone Etchegaray Gasken, dentro de los plazos establecidos tras el juicio oral desarrollado los días 3 y 6 de junio, y con lectura de sentencia el pasado 10 del mismo mes.
En ese contexto los alegatos se realizaron el pasado miércoles con la intervención del abogado defensor de Diego Vera, el Ministerio Público y los abogados querellantes representantes de la familia del malogrado relator del CDF.
El abogado Mauricio Mass, querellante en la causa, señaló que tras los alegatos el recurso de nulidad no fue resuelto inmediatamente; “quedó en acuerdo que los Ministros de tribunal pasan a una etapa de deliberación y el fallo será comunicado y publicado al medio día del próximo viernes 15 de julio en la Secretaria de la misma Corte de Apelaciones.”
El abogado precisó que en la audiencia a la que concurrieron las partes solo se vio el recurso de nulidad del juicio oral; “y por lo tanto no se extendió por mucho tiempo y cada una de las partes expuso sus puntos de vista. En el caso nuestro que la sentencia se ajusta a derecho y que no hay error en la aplicación de ninguna norma y debería ser mantenida la condena por la Corte de Apelaciones y rechazado el recurso de nulidad.”
Mauricio Mass, reconoció que si la Corte de Apelaciones rechaza el recurso de nulidad del juicio oral, el defensor del condenado puede recurrir a un recurso subsidiario; “que se vería mas adelante, porque recordemos que ellos presentaron dos recursos y ahora se vio solo el recurso de nulidad, entonces si este no tiene buen resultado se vería el otro que tiene con el cumplimiento de la condena y la posibilidad de cumplirla en libertad vigilada especial, lo que fue negado en el juicio oral.”
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