The Supreme Court rejected the appeal for amparo filed against the resolution adopted by the Gendarmerie, which denied the benefit of the quarterly departure for Luis Tralcal, one of those sentenced for the murder of the Luchsinger Mackay couple. The inmate is serving time at the Victoria Study and Work Centre.
In a unanimous ruling, the Second Chamber of the highest court revoked the contested sentence, issued by the Court of Appeals of Temuco, after establishing that it is not appropriate to grant the benefit to Tralcal, who does not have a favorable psychological report, which certifies that he is aware of the evil caused by his criminal act.
“That the aforementioned article 97 establishes that for the purposes of determining the existence of such advances, ‘the psychological report that gives an account of the awareness of the crime, of the evil caused by his conduct and of the willingness to change shall be fundamental, so that it is sought, on the one hand, to verify that the inmate responds effectively and positively to the orientations of the plans and programs of social reintegration and, on the other, to avoid the mere instrumentalization of the system in order to obtain benefits,” the ruling states.
The resolution adds “that this psychological report has not been prepared in the sub lite case, which, given the nature and gravity of the crime for which the protected party is serving his sentence, seems essential to determine objectively and well-foundedly, whether or not the aforementioned extreme is satisfied to obtain the benefit.”
“That, therefore, not having demonstrated in the species the fulfillment of a basic end to access the quarterly exit benefit, the contested resolution has not committed the illegality denounced by denying it,” he adds.
Therefore, the Supreme Court rejected the appeal for amparo in favor of Luis Tralcal.