The Oral Criminal Court of Rancagua decided this Friday to acquit the suspended regional prosecutor of O’Higgins Emiliano Arias, who was accused of two crimes of violation of secrecy. The judicial body made the decision unanimously and will read the sentence on September 16 at 3:00 p.m.
The persecutor was formalized in September of last year as a result of a series of messages with his brother-in-law and sister, where both allegedly requested confidential information from the Operation Support System (SAO) in favor of a nephew and another person, to which Arias agreed, asking that his secretary be the one to collect this data.
The events would have occurred in April 2018 and involved the prosecutor’s sister, María Graciela Arias, and her brother-in-law Hans Heydel Jacob.
The accusation was made by the Magallanes prosecutor, Eugenio Campos, while the investigation began after a complaint from Arias’s then subordinate, the prosecutor Sergio Moya.
In today’s ruling, it was indicated that although Arias asked his secretaries to send him the confidential information -which can only be accessed by password from the Public Ministry- and that as an official of the Public Ministry he could not reveal said data, the situation is insufficient for a liability of a criminal nature.
As determined by the court, the facts do not fall within the criminal type of secret disclosure, since the affectation of the protected legal property is not established, in this case the public function, since the information used was for a complaint to the Carabineros .
Let us remember that the case was classified as “historic” in 2019 as it was the first prosecutor formalized in Chile. At that time, Arias declared: “Historical is also going to be the end because we trust that I will be acquitted.”