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 gather additional evidence in the criminal case <law id="pty-202300033850" />.
- 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. Responses from the civil courts, recorded in a later <doc id="pty-202300033850-2023-12-26-a" />, 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