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The prosecutor, Emiliano Arias, argued that there were common factors regarding the modus operandi that he had towards the victims, all minors, with badual inexperience, who were badually badaulted at the defendant while they were in the custody of the latter. under the trust that he had with them and with the parents of minors.
Fernando Ávila Figueroa
The morning of Friday was held in the Criminal Court of Rancagua hearing control of the detention of the priest, former Chancellor of the Archbishopric of Santiago, Óscar Muñoz Toledo.
It should be recalled that the priest himself was reported in January of this year for a crime of badual abuse, and the arrest would have occurred after the prosecutor Emiliano Arias had the examination of documents seized from the ecclesiastical court of Santiago, and the secret file of the priest in the archdiocese
The victims (5) at the time of the facts were between 11 and 17 years, and testimonials were known to the Catholic Church. These abuses would occur from 2002 to March of this year.
After the hearing, Prosecutor Emiliano Arias, announced that the precautionary measure of preventive detention was ordered for the priest, Oscar Muñoz Toledo, accused of abuse Repeated bad and rape, with a 180-day investigation period.
Prosecutor Arias argued that there were common factors regarding the modus operandi that he had towards victims, all minors, with badual inexperience, who were badually badaulted. the house of the accused while they were in the custody of the latter because of the trust he had with them and with the parents of the minors.
Arias added that the crimes were also committed in parish houses, very serious and repeated crimes. the behavior of the accused, a clear psychological manipulation and an abuse of conscience towards his victims, who enters as a spiritual guide for the children, who they were in the middle of the training phase, to lead him to the crimes of badual badault, which, according to the Prosecutor, were soon to be innocent.
This is how Arias baderted that he was formalized for repeated badual abuse, risking a 5-year sentence 1 day, added to that for rape, which could happen the most is a penalty of 15 years 1 day. Regarding the crime of statutory rape, Arias said that in this case the will of the victim is broken, entering his conscience, added to the fact that the accused was the confessor of the victims who was faithful to the Church catholic, convincing that the acts are not contrary to the baduality, which causes the maintenance of the behavior.
Arias added that it was formalized by five victims, but it is not excluded that they are more, because there are cases that are being evaluated . The persecutory entity pointed out that the accused knew how the system of canonical inquiries was handled in the Catholic Church, particularly against minors, for which he was aware of all the causes in his role of Chancellor, those who crossed it. This allowed him to ensure his impunity, including taking a statement from one of Karadima's victims, Andrés Murillo.
Emiliano Arias concluded that the investigation also covers actions that accomplices and props may have had, observing that a system existed parallel investigation of the Catholic Church, with sanctions that do not Were not effective.
Defense did not oppose pre-trial detention
The events allegedly occurred in parishes such as the Immaculate Conception of Maipu, where the priest gained trust, acolytes, for example, to those who guided them in the faith, to then commit abuses and tocaciones, facts that would have also occurred in municipalities such as Rancagua, Pichilemu and Macul
The defense of the priest, Gabriel Henríquez, It does not occur is not opposed to the precautionary measure of preventive detention, however, the lawyer added that this does not mean that the facts are accepted as true, but if He pointed out that at this stage of the l & # 39; In this investigation, there are precedents for defending oneself and deepening the arguments that seem to him to be defenses that are not adapted to reality.
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