Resolution 2186-22

Prosecutor's Analysis

The Assistant Prosecutor evaluated the admissibility of the <doc id="pty-202200053278-2022-07-27-a" /> that Lisa, S.A. filed through attorney Carlos de Icaza Muñoz on July 27, 2022, under Articles 79, 84, 88, and 89 of the Criminal Procedure Code. On formal requirements, she confirmed that the complainant Harald Johannessen Hals (legal representative of Lisa, S.A., registered under File 117512 of the Public Registry of Panama) was duly identified, and that sufficient information was provided to individualize the defendant. On the merits, the Prosecutor determined that the facts were argued clearly and precisely, indicating where and how the criminal conduct occurred, the grounds for considering it punishable, and a provisional damages estimate of $40,000,000.00. The resolution expressly noted that admission of the complaint does not mean the alleged crimes have been proven, as the investigation remains at an incipient stage.

Eight days earlier, the same Prosecutor had issued <doc id="pty-202200053278-2022-09-01-a" />, ordering Panama's banking institutions to disclose the financial records of Bosch and Villamorey, S.A., confirming that investigative measures were already underway before the complaint was formally admitted.

Ruling

• Admit the criminal complaint filed by attorney Carlos de Icaza Muñoz as judicial representative of Harald Johannessen Hals
• Recognize Harald Johannessen Hals, acting personally and as legal representative of Lisa, S.A., as the legitimate complainant in the capacity of victim
• Recognize Juan Luis Bosch Gutiérrez as defendant, in his capacity as general agent of Villamorey, S.A. under Public Deed No. 1527 of February 8, 1984
• Accept the documents accompanying the complaint as filed
• Issue the necessary communications to carry out the resolution

Legal Basis

• Articles 79 and 84 of the Criminal Procedure Code — define the legitimacy of the complainant as the victim or direct offended party
• Article 88 of the Criminal Procedure Code — establishes the formal and substantive requirements for filing a criminal complaint
• Article 89 of the Criminal Procedure Code — authorizes presentation of the complaint before the Public Ministry
• Article 296 of the Criminal Procedure Code — powers of the Public Ministry in directing the criminal investigation

Signatories

• Lcda. Leydi Nuñez, Assistant Prosecutor of the Metropolitan Prosecutor's Office, Primary Attention Section, Second Sub-Regional