The full bench of the Santiago Court unanimously rejected the Antofagasta Prosecutor's Office request to lift the immunity of metropolitan governor Claudio Orrego in the ProCultura case. The 50-page ruling sharply criticizes the investigation for confusing administrative faults with criminal offenses. The judges noted the absence of clear evidence to support the charges.
The full bench of the Santiago Court, with 24 votes in favor and none against, dismissed the immunity lift request against Claudio Orrego. The ruling concerns alleged crimes of fraud against the Treasury, misappropriation through different public application, and usurpation of functions, linked to the ProCultura program.
The judgment rebukes the Public Prosecutor's Office for failing to distinguish administrative irregularities from criminal liability. “While the Public Prosecutor's Office describes a series of facts that, in its view, show administrative faults or irregularities, the key point is that this alone does not establish criminal responsibility,” the ruling states.
The judges pointed out that the prosecution did not specify Orrego's concrete conduct in the alleged fraud against the Treasury, nor outlined a clear fraudulent scheme. It also lacked a detailed account of his involvement, breaching the duty to provide elements plausibilizing the offenses.
Although Orrego's response to ProCultura's non-compliance was deemed late, the court noted he ended the agreement early and demanded guarantee bond collections. The “Quédate” program, aimed at suicide prevention, originated from an initial public need.
Orrego's defense welcomed the ruling for confirming no evidence supports the plausibility of the charges.
