APPEAL: 8003/2003 - RESOLUTION: 102 988 - SECRETARY: SPECIAL \\ '
Santiago, 29 July, two thousand five. Viewed: Plays the sentence on appeal, with the exception of 32 and 33 bases, which are removed. And having also this: 1 .- That the steps you can take a joint custody of their goods is to include electronic instruments to detect the removal of them and consult their clients before the activation of these instruments. However, these questions must be determined by a harmonic language and keeping the standards of respect for the dignity of people, given the voluntary nature posed to its customers this action, since even with the police, prosecutors and before the same court he has the right to testify, no obligation, so you can remain silent and must always be treated as innocent. Before a charge flagrancy The rules of Articles 254 and 263 N º 4 of the Code of Criminal Procedure Articles 129 and now 130 of the Criminal Procedure Statute, incurring the responsibility that the legal system provides to an illegal detention. If you're in a situation of suspicion may be required to police check is carried out referred to Article 260 bis of C. PP or Article 85 of CPP is only the police who, in the activation of electronic control systems, which can examine the garments to or the baggage of persons and is currently fulfilling the provisions of Article 89 of the CPP but the above can not lead to behavior of self governance, which is punishable by law. 2 .- That, if the process of consulting the people or information that realize control audio systems, the employees of a company become convinced that a crime has occurred, both by the common provisions, constitutional and legal , such as expressly provided in Article 15 of Law No. 19,496, should be surprised to a consumer in the gross commission of a crime, managers, officers or employees of the establishment shall be limited under its responsibility, to bring the alleged offender promptly available to the competent authorities, meaning for these purposes the disclosure of the facts Carabineros de Chile, for this institution to make it available to the competent judge. 3 .- That, appreciated the test according to the rules of sound criticism, the Court indicate that the events underlying this process is that when leaving the plaintiff Valentina Barahona Ondina Rodriguez of the store La Polar, located at Avenida Libertador Bernardo O'Higgins, on June 15, 2002, at 15:15 pm activated an alarm system, to which was detained by store security, having a companion to the plaintiff to call police, who found that there had been a theft, that the other side of the same witnesses defendant, which in turn participated in the events, have held that the plaintiff was subjected to a review, not to be credible as stated by them that the retention and recording by a male person has been requested by it, that also, having been a police procedural, it is not sustainable that the recording of events has not been filed, since experience shows that is evidenced not only remains relevant for legal purposes, but all the stores that have this kind of records he accompanied to court as irrefutable proof of his action at law, so that their elimination occurs when the established facts are not consistent with supported by staff at the store. 4 .- What to proceed in the manner that has been given for granted in these proceedings, such as subjecting a person to undue retention, record of your belongings, stripped of his clothes against an individual of the opposite sex and recording the process registration has been configured conduct to undermine the constitutional rights of the plaintiff, which is attempted threat and sanctioned by the defense rules consumer rights and also is an action that has generated damage, liability generates the light of Article 2329 Civil Code, which is the responsibility of local police courts in recognition of the provisions of Law No. 19,496. 5 .- That the species, affected citizens suffered an affront to their dignity, which would have generated greater if the personal consequences of the offending company had adjusted its actions at least to the standards imposed by prudence and respect due any person, and, conversely, to be an illegal act, because not only pushed the plaintiff, but the staff is trained is trained and people management practices, carried out actions that target produces a state of disgrace, it is reasonable to conclude that there was a state of anxiety at the time of the facts, not feeling well protected by the security forces, (which is apparent from the performance officials who attended the scene) later translated into a mental order condition that must be treated with professional support, all of which can be seen from the expertise ordered by the Court and approved the certification of his attending physician, particularly as the facts were relevant in negative consequences for an innocent person reproach. 6 .- That the action excessive, invasive, arbitrary and therefore unlawful for a company through your personal safety is for every citizen, even more so for those who did not make adolescent behavior to justify the challenged practices, a situation limit that normally produces a psychological state deficit that he feels confidence in legal institutions that protect liberty and security in a state of law, what should be priority over custody proceedings consumer goods, subject to the same law allows security systems, which are legitimate as they are in harmony with the fundamental rules regarding constitutional guarantees, a fact which excludes any process of self governance, which on generating relevant responsibility. 7 .- That in consideration of the foregoing, it must be inferred that there was a moral damages in the plaintiff, that being the effect of illegal and unlawful conduct of third parties, in the species in the field of rights consumer should be compensated. 8 .- To set the moral, must determine the amount of compensation, a fact which will be governed according to their magnitude, both from the objective point of view, taking the likely consequences for anyone, as also in the case of Plaintiffs have occurred, because it corresponds effectively repair the financial damage caused, as the Court must consider the amount of repair in a comprehensive way, by going further in the assessment of the effects that events have occurred to the person concerned, the rules imposed by the experience and wisdom. In fact, says the relief, coming from an unfortunate fact, illegitimate, can not represent a source of enrichment, so it must enforce offender accountability and effectively repair the damage caused to the offended person, considering especially as stated above, the impact on quality of life of the victim. It is in this context estimated in the sum of five million pesos ($ 5,000,000), injury of the plaintiff, this amount shall be adjusted in the manner described in the decision under appeal. According to the above and the provisions in Articles 186 and following of the Code of Civil Procedure and other laws cited relevant sentence is confirmed wenty v August of two thousand three, written on pages 73-79, with statement reducing the compensation for moral damages to the sum of five million pesos, with the adjustments set forth in the statement of first grade. It remains clear that compensation for medical expenses of the plaintiff. Sign up and be refunded. Drafting Attorney Mr. Aguirre member. Not signing the Minister Mrs Maggi, despite having attended the hearing and deal, was absent. 8003-2003 .- Presented by the Second Chamber of the Court, composed of the Minister Rosa María Maggi Ducommun, Minister Sergio Muñoz Gajardo and Advocate A member of Mr. Guido Aguirre Rivera.
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