What are the penalties for illegal shopping in Chile?

Among the actions considered wrongful traffic law there is the development of clandestine races, action for which various punishments in relation to the consequences that could result .

The legislation was published at the end of last year in the Official Gazette, establishing the penalty that drivers who participate in this practice risk, as explained to La Tercera the lawyer and magistrate of the penal system, Mauricio Reyes Márquez .

-By law 21 495 published on October 4, 2022, Organizing or participating in clandestine or unauthorized car races have been included as acts constituting a crime. . Thus, the new article 197 ter of the Highway Code (18.290) penalizes anyone driving a motor vehicle in this type of race.

As stated in the regulations, clandestine racing is defined as the following conduct carried out without proper authorization or authorization from the competent authority, carried out with motorized vehicles:

• Races against other vehicles, against the clock or any other device for measuring time, measuring maximum speeds or until reaching or passing a certain point, objective or destination.
• skills competition slides or skates.
• Skills of maneuver or speed that endanger life or the physical integrity of third parties.

Likewise, the sanctions are not only aimed at the driver, but also at the person who lends his car, according to the lawyer.

— It must be taken into account that these penalties are also applicable to those who, being concerted , provide a vehicle for use in underground races .

The penalties to be considered for drivers, or vehicle owners who provide them for use in underground races, are graduated. in relation to the consequences that may arise from the fact .

According to Mauricio Reyes Márquez, they are determined from the fines in Monthly tax units (UTM), imprisonment and license suspension.

—These conducts contemplated penalties ranging from minor imprisonment to its minimum degree; fine of 2 to 10 UTM, confiscation of the vehicle and suspension of the license between 6 months and 2 years; up to imprisonment in its minimum degree, confiscation of the vehicle, a fine of 8 to 20 UTM and perpetual incapacity to drive vehicles with mechanical traction, also depending on whether injuries or death have been produced as a result the performance of such conduct.

According to the Highway Code, the penalties for those who drive in unauthorized races are detailed as follows:

• If no damage or material damage or minor injuries are caused whoever drives will be punished with the penalty of minor imprisonment in its minimum degree (61 to 540 days of deprivation of liberty) or a fine of 2 to 10 UTM, in addition to the confiscation of the vehicle and the suspension of the driver’s license. 6 months to 2 years, to be surprised for the first time.
• If they are caused less serious or serious injuries will be punished with a minor prison sentence in its average degree (541 days to 3 years of deprivation of liberty) and a fine of 4 to 12 UTM.
• If they are caused very serious serious injuries It is punished with a minor prison sentence in its maximum degree (3 years and 1 day to 5 years of deprivation of freedom), in addition to the confiscation of the vehicle, a fine of 8 to 20 UTM and the perpetual incapacity to drive. mechanically driven vehicles.
• If the death of a person the sanction reaches the highest prison sentence in its minimum degree (5 years and one day to 10 years of deprivation of liberty), in addition to the confiscation of the vehicle, a fine of 8 to 20 UTM and a life ban from driving mechanically driven vehicles.

In the meantime, the legislation also considers Sanctions for those behind underground races which also increases if the activity produces some kind of profit.

—Whoever organizes unauthorized races shall be punished with the penalty of minor imprisonment in its minimum degree and a fine of 8 to 20 UTM. If in connection with or subsequent to the performance of the conduct set forth in this subsection obtains an economic advantage for himself or for a third party, he will be applied the penalty of minor imprisonment in its average degree and a fine of 20 UTM .