Santiago's Fourth Oral Criminal Court unanimously acquitted former Carabineros officer Claudio Crespo for the injuries that blinded Gustavo Gatica during the 2019 social unrest, invoking the Naín-Retamal law to justify legitimate defense. The ruling drew criticism from ruling parties like Frente Amplio and Partido Comunista against the government and Partido Socialista for supporting the law, while President Gabriel Boric defended its backing without intent for impunity. Gatica, now an elected deputy, expressed dissatisfaction and is considering international appeals.
On January 13, 2026, after 14 months of trial and over 100 witnesses, Santiago's Fourth Oral Criminal Court acquitted Claudio Crespo of charges for unlawful coercion resulting in serious injuries. The former Carabineros lieutenant colonel was accused of firing his anti-riot shotgun on November 8, 2019, in Plaza Baquedano, blinding the then 22-year-old psychology student Gustavo Gatica, now an elected deputy for district 8.
The court, comprising judges Cristina Cabello and Carolina Herrera and René Bonnemaison, retroactively invoked the Naín-Retamal law (enacted in 2023) under the in dubio pro reo principle. This legislation, which eases privileged legitimate defense for police, was used to dismiss coercion charges and validate Crespo's action as a 'necessary, proportional, and legal tactical response' to Gatica's aggression, as he held a stone. The ruling criticized prosecutors Ximena Chong and Francisco Ledesma's investigation for broad interpretations of 'respective regulations' and omitting the violent context, including a molotov attack minutes earlier.
Though unanimous, there was dissent on authorship: the majority credited Crespo via audiovisual evidence, but Judge Cabello doubted proof 'beyond reasonable doubt.' The full sentence will be known on May 13.
The acquittal sparked political reactions. Frente Amplio and Partido Comunista leaders, like Hugo Gutiérrez and Carmen Hertz, labeled the law 'cursed' for enabling impunity, sharing votes where socialists supported it. The PC challenged the government; Lorena Pizarro exclaimed: 'Those who sent it and approved it must answer!' The FA board rejected the 'privileged legitimate defense.'
The Partido Socialista called an emergency meeting on January 14, led by Senator Paulina Vodanovic. Its deputies slammed the criticisms as 'unfounded and opportunistic,' noting the law was pushed by Boric's government (FA-led) after Carabineros murders, and the executive neither vetoed it nor allowed a Constitutional Court challenge.
On CNN Chile's 'Tolerancia Cero,' Boric clarified: 'The Naín-Retamal law is not a government initiative,' but a parliamentary fusion supported in a tough context, with own amendments rejected. He empathized with Gatica: 'It causes me a huge tear,' and questioned proportionality in legitimate defense, as an equipped officer against an unarmed protester does not justify it. He assured: 'No law supported by this government aims to guarantee impunity.'
Gatica lamented: 'Clearly, I'm not satisfied,' but noted Crespo was accredited as the shooter and threatened international courts. Crespo celebrated: 'Justice was done (...) this historic victory today I dedicate to all Carabineros in Chile.' His lawyer Pedro Orthusteguy highlighted legitimate defense and that the shot did not target the upper body.
