The Timber Theft Law has reduced the commission of crimes associated with the illicit activity by 94%. Following the highest court's resolution, Corma and Pymemad warned of the need for coordinated work to maintain the industry's competitiveness and security.

A recent Supreme Court resolution, which invalidated a conviction handed down by the Yumbel Guarantee Court for the crime of timber theft, did not leave forestry sector guilds indifferent. After the procedural setback, which was based exclusively on the lack of a written conviction, the sector emphasized the correct application and consolidation of the law that prosecutes these illicit acts.

The Yumbel court had sentenced the defendant to 113 days of minor imprisonment and the confiscation of a vehicle for events that occurred in 2024, under the validity of the "Timber Theft" Law. However, the defense appealed to the Supreme Court to annul the conviction, arguing that the court did not draft the ruling and kept it only in an audio recording. In that context, the highest court determined that this omission violated the requirements established in the Criminal Procedure Code and due process, and therefore ordered the case to be rolled back and a new hearing to be held.

The impact of this type of resolution does not go unnoticed in the forestry industry, given the effort it has meant for the sector to consolidate the application of the law.

Decrease in crime

Law 21.488, also called the Timber Theft Law, came into force in September 2022 and according to Corma figures, since that date, associated crimes have decreased by 94%. Before the law, the sector's losses reached US$ 92.4 million, but after the application of the regulation that amount fell considerably.

These results have made it possible to establish a more reliable, competitive and sustainable timber supply and marketing chain, in addition to increasing the security of the territory and forestry operations.

The general manager of the Chilean Timber Corporation (Corma), Antonio Minte, detailed that the coordinated work of institutions, such as the police, State agencies and the justice system, "has been fundamental to confront timber theft and advance in large-scale investigations that for years severely affected our sector."

Procedural rigor

Minte emphasized that as a guild "we understand that the Supreme Court did not rule on the innocence of the defendant, but rather annulled the sentence due to a procedural error and ordered a new trial"; for that very reason, "as in all institutions, and especially in the judicial sphere, it is essential that procedures are complied with correctly."

This view is shared by small and medium-sized timber entrepreneurs. In this regard, the national president of Pymemad, Hernán Muñoz, stated that "our interest is that institutions function and function well." Muñoz explained that the application of the Timber Theft law and coordinated action "disincentivized the operation of informal sawmills or receiving SMEs buying timber without verifiable traceability."

However, the reality of this sector is more complex than that of large industries, since "they are struggling to survive without incentives to replant after forest fires and a fire law that, as it stands, will harm us even more." According to the guild leader, activity for small and medium-sized forestry companies is going through a complex scenario that requires urgent attention from the State.

According to what was stipulated by the Supreme Court, the case must be submitted to a new hearing, so Corma called for avoiding administrative failures weakening the criminal prosecution of these crimes. "That is precisely why it is so important that each case be carried forward with rigor, respecting all guarantees and procedures, so that the results are solid and the work carried out is not lost," Minte concluded.

Source:Diario Financiero