The Temuco Court of Appeals granted this Friday probation to jose tracalcalsentenced to 18 years in prison for the consummated crime of arson resulting in the death of the couple made up of Wener Luchsinger Y Vivian Mackay. The crime was perpetrated on the Granja Lumahue farm, in the commune of Vilcún, La Araucanía Region, in January 2013.
Specifically, the Third Chamber of the appellate court accepted, in a divided ruling, an appeal for amparo filed by Tralcal’s defense. With this, he ordered that the procedures leading to the granting of the benefit of the probation of the protected person be continued.
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The Court gave rise to the constitutional action, after establishing that in the species, “clear precedents are appreciated that allow concluding compliance by the protected party with the legal presuppositions, meeting the conditions to access the requested benefit,” the ruling states.
“According to the merits of the case file, and taking into account the psychosocial report of the application for probation, this Court deems that from what has been indicated there are clear antecedents that allow concluding compliance by the protected party with the legal presuppositions, meeting the conditions to access the benefit requested”, adds the resolution.
The appellate court also revealed that “since March 2022 (Tralcal) has the benefits of Sunday and quarterly departure, having complied with them.”
Tralcal -who was sentenced in 2018- is expected to leave the Education and Work Center, located in the Victoria commune, La Araucanía, in the next few hours.
The court sentenced for the case, in addition to Tralcal, his cousin Luis Tracalcal and the machi Celestino Cordova.
