Motion

Basis for the Request

Lisa's counsel argues that Bosch's appearance is vital to clarify the facts under investigation and that his testimony would contribute to establishing the prosecution's judicial certainty. The motion follows Lisa's <doc id="pty-202300033850-2023-09-21-a" /> of September 21, 2023, which rebutted Bosch's defense objections and reaffirmed the misappropriation allegations underlying the investigation. Because Bosch's known domicile is in Guatemala City (5 Avenida 15-45, Zona 10, Centro Empresarial), the motion reiterates that international judicial assistance should be issued to effect the summons and that, additionally, notification should be coordinated through Bosch's counsel of record in Panama.

Relief Sought

• That defendant Juan Luis Bosch Gutierrez be summoned to a clarifying interview before the Anti-Corruption Prosecutor's Office
• That international judicial assistance be issued to effect the summons in the Republic of Guatemala, given Bosch's known domicile in that jurisdiction
• That, additionally, the summons be coordinated through Bosch's counsel of record in Panama

Procedural Outcome

<doc id="pty-202300033850-2023-11-14-a" />, issued on November 14, 2023, denied the interview request, finding that both the Constitution (Article 25) and the Criminal Procedure Code (Articles 93 and 98), as well as the American Convention on Human Rights (Article 8), protect the investigated person's right against self-incrimination. The same resolution also denied Bosch's request to archive the case and ordered new investigative steps, keeping the criminal proceedings in <law id="pty-202300033850" /> active.

Legal Basis

• Articles 5, 17, 68, 75, 273, 276, and 277 of the Criminal Procedure Code, provisions governing party rights and the conduct of investigations
• Decree 52 of April 2008, international judicial cooperation framework
• Article 29 of the National Constitution, due process guarantee