Wilson Francisco Moreta Tremols defends judicial evaluation in the conditional suspension of the sentence
Magistrate Wilson Francisco Moreta Tremols emphasized, during his recent appearance before the National Council of the Magistracy (CNM), that the conditional suspension of a sentence should not be interpreted as an automatic benefit. According to the jurist, although there are established legal parameters, the granting of this mechanism requires a deep and exhaustive analysis by the court regarding the particularities of each case.
This position was set forth by Moreta Tremols within the framework of the evaluation process to select the new judges who will join the Supreme Court of Justice (SCJ). The magistrate emphasized that the power to decide on this measure rests exclusively on judicial assessment, which must balance the requirements of the law with the specific context of the case.
The conditional suspension of a sentence is not an automatic guarantee. It is the court that has the responsibility to evaluate the particular circumstances to determine its appropriateness, thus ensuring a balanced justice.
Wilson Francisco Moreta Tremols
Focus on criminal liability and constitutional control
During his speech, the candidate also delved into key concepts of criminal and procedural law. When referring to culpability, he defined it as the fundamental limit of criminal liability, being the pillar that allows for the establishment of a fair and proportional sanction for the commission of a crime.
Likewise, the judge addressed the mechanisms of constitutional control, differentiating the competencies of the judicial bodies:
- Concentrated control: Exclusive competence of the Constitutional Court.
- Diffuse control: Power exercised by ordinary courts during the handling of judicial proceedings.
Trajectory of a Judiciary veteran
With a solid career spanning more than three decades in the administration of justice, Moreta Tremols emerges as a candidate with extensive experience. A 1991 graduate of the Technological University of Santiago (Utesa), he began his path in the judiciary in 1992 as a justice of the peace in Mao.
Currently, he performs highly relevant functions as president of the First Chamber of the Criminal Court of the Court of Appeals of Santiago and holds the position of second substitute for the presidency of the Judicial Department of Santiago. His professional profile is being evaluated by the CNM as part of the strategy to strengthen the Supreme Court of Justice.
