Due to a medical issue, Judge Marcela Yáñez Cabello will not continue to serve at the San Fernando Oral Criminal Court.
The Judiciary reported that, due to a medical problem, Judge Marcela Yáñez Cabello will not continue to be part of the courtroom of the Oral Criminal Court of San Fernando which is hearing the ongoing trial against the defendants. Eduardo Macaya Zentilli, therefore the respective trial will continue its normal course with the integration of the other two judges: Judge Marisol López Machuca and Judge José Ruiz Stanke.
The extent to which the oral process can continue to deal with two of the three judges is covered by Articles 76 and 284 of the Code of Criminal Procedure. The trial began on June 13 and is still ongoing and the accused is accused by the Public Prosecutor as the perpetrator of abusive sexual abuse.
Recall that at the beginning of this trial was declared confidential, the court limited access to the media and the general public to the hearings of the respective oral trial, along with a ban on the dissemination of the identity of the victims and any other direct information or indirect information that can identify them, as well as the facts of the case.
«As a rule, the hearings of the oral process are public and, therefore, anyone has free access to them, as required by our legislation. However, such advertising includes some restrictions based on the protection of certain rights. In the specific case, it must be taken into account that those who have the status of victim in this case are minors and by express legal mandate must be protected, especially considering the nature of the crimes of which they are accused (… ). In this scenario, as everyone has underlined, including the defense itself, the court has the duty to adopt all the protective measures it deems necessary to protect the physical or mental integrity and privacy of the victims.«, the court then decided to keep this process secret.
The prosecution is asking for 12 years in prison for the businessman, who was in custody for just over a month, in 2023. This measure was annulled by the Second Chamber of the Court of Appeals of Rancagua after the payment of 150 million dollars.
Macaya Zentilli has denied the accusations and stated that he is «completely innocent». «If it weren’t for my son’s position, this case wouldn’t exist,» she said on the occasion.
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