It was on August 18 that Hernán “Nano” Calderón He was formalized for attempted patricide against his father, the lawyer of the same name. The victim has been questioned on several occasions, including by public figures, for having denounced his son and, even, They have asked you to withdraw the complaint … but is that possible?
The 22-year-old son of the communicator Rachel ArgandoñaOn August 11, he allegedly attacked Hernán Calderón (father) with a knife, causing serious injuries to his hand. “Now I’m going to kill you,” the son would have told him.
For the lawyer Alejandro Leiva, Master in Criminal Law and Director of Postgraduate Studies at the Faculty of Law at Finis Terrae University, this phrase would be important to ensure that frustrated parricide is proven.
“It is one more element that the Prosecutor’s Office has to show that the subject came to the home with intent to kill (…) this can be demonstrated from two views, one objective, which is what the subject did, and a subjective one, which is what the subject wanted ”, commented the lawyer.
He added that “if he says ‘I’m going to kill you’, it can be determined that his action was aimed at killing a person. But on the other hand, Calderón’s defense says no, because all the injuries occurred in the arms or hands and therefore, that shows from an objective point of view that he did not want to kill him ”.
Withdraw the complaint?
It was this Wednesday night that the Doctor Maria Luisa Cordero, psychiatrist panelist of the program True Lies de La Red, on screen asked Hernán Calderón (father) to withdraw the complaint against his son.
“You are part of the disorder that your son lives. Raise the complaint please! “said the specialist.
However, the lawyer explained that the Criminal Procedure Code establishes three types of criminal actions: public, private and public prior private request.
The first, said Leiva, “is public because the Public Ministry can exercise it, with the complaint of any person, because there is a public interest in prosecuting these crimes”; the second “on the other hand, it can only be enforced by a complaint filed by the affected person, the Public Ministry does not participate”; meanwhile, the third “requires the complaint of the affected and then the Public Ministry can continue.”
In this case, “The crime of parricide is a public criminal action, so once the victim or any person makes the complaint, the Prosecutor’s Office has the obligation to carry out an investigation. If there are acts constituting crimes, you have the obligation to accuse and formalize. Because they are interested in the interest of the entire society, which, in this case, is that people not be killed ”.
As Leiva explained, Hernán Calderón can “renounce the complaint, although the action subsists and the Public Ministry is obliged to continue with the criminal action ”.
Change the statement?
Another way in which Hernán Calderón (father) could benefit his son is by changing his statement. “That I could do, but it would be a problem because he already gave a statement. There is already a police report ”, commented the expert.
“Posing that the events did not happen as he said or that he exaggerated them it would be very untrue, and the Public Ministry will have the same tools to continue the investigation. He could not have his statement in a trial, but that would only be a means of proof that the Prosecutor’s Office would have to persecute Hernán Calderón, “he added, for which he considers it unfeasible.
It should be remembered that, in the first instance, the Justice decreed that Calderón comply with the precautionary measure of preventive detention in the psychiatric clinic The Cedar, of the Queen.
However, after an appeal from the Prosecutor’s Office, the young man was transferred criminally Santiago 1 to comply with the precautionary measure, pending the 120 days of investigation in which it will be clarified what his participation in the events was.
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