Resolution 593

Resolution No. 593, issued by the Anti-Corruption Prosecutor's Office of the Attorney General of Panama, denied the defense's request to archive criminal case No. 202300033850 and ordered new investigative steps. The resolution reaffirmed the Prosecutor's constitutional authority to investigate the facts alleged in Lisa, S.A.'s criminal complaint against Juan Luis Bosch Gutiérrez, finding that the investigation remains in its preliminary phase and requires additional evidence gathering.

Prosecutor's Analysis

Bosch's counsel, Moisés Barlett, argued that the facts in the complaint belong exclusively to civil jurisdiction and submitted copies of five prior criminal files, including definitive dismissals and provisional archive resolutions in related cases involving Lisa, S.A.

The Prosecutor evaluated both parties' submissions and concluded that, under constitutional mandate, the Ministerio Público holds exclusive authority over criminal investigation and prosecution. The resolution emphasized that the case is at an early stage requiring collection of evidence to determine whether the alleged criminal conduct occurred and to identify those responsible.

Lisa, S.A.'s counsel, Carlos Icaza Muñoz, submitted relevant civil court documentation, including the First Superior Court of Justice's September 30, 2022 ruling recognizing Lisa, S.A.'s right to demand an accounting from Bosch in his capacity as judicial depositary, and the September 28, 2023 ruling confirming the lower court's order in the summary accounting proceeding against Villamorey, S.A.

Ruling

• Deny the defense's request to archive the criminal investigation.
• Schedule an interview with court officer Javier Castillero Anzola for November 30, 2023, at 9:00 a.m., to provide additional evidence regarding the criminal case.
• Deny the complainant's request to interview the defendant Bosch, in observance of the investigated person's constitutional rights under Article 25 of the Political Constitution and Articles 93 and 98 of the Criminal Procedure Code, as well as Article 8 of the American Convention on Human Rights.
• Grant the complainant's request to send official notices to all Civil Circuit Courts of Panama's First Judicial Circuit to determine whether any judicial proceedings or precautionary measures existed against Lisa, S.A. since April 14, 2015. The responses from the civil courts would subsequently confirm that no proceedings existed against Lisa, S.A.
• Accept as filed all documents submitted by both parties.

Legal Basis

• Articles 22, 25, and 220 of the Political Constitution — establish the Ministerio Público's authority over criminal prosecution and the rights of the investigated person.
• Articles 3, 5, 10, 14, 19, 68, 70, 73, 93, 98, 272, and 273 of the Criminal Procedure Code — govern investigative powers, admissibility of evidence, and the procedural rights of the investigated person.

Signatories

• Mileyka Espinosa Vargas, Deputy Prosecutor, Investigation Section, Anti-Corruption Prosecutor's Office