They present criminal action against three Panamanian prosecutors in CDMX
Criminal action is carried out in Mexico City against Panamanian prosecutors Isis del Carmen Soto Espinosa, Marcos Mosquera de la Guardia and Sandy Cedeño Tejeiradeputy prosecutors in the case of a Mexican businessman, who has kept all of his assets seized since October 2019 without a charge, in addition to having been inadmissible from the country.
The alleged investigation began in October 2019 when the businessman was provisionally seized of all his assets. He was asked to appear at a hearing where he was notified of the process, this due to an email sent from his personal Gmail account. of the foreign judge Maria Angels Moreno Aguirre to the bank Scotiabank, Likewise, criminal proceedings have also been initiated in this case.
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Part of his money was transferred to Panama national bank, their vehicles were placed under the orders of the Directorate of Seized Assets of the MEF, which are at the disposal of the National Assembly, which are being used by deputies. The representative of the Democratic Revolutionary Party, circuit 8 – 1 Kayra Harding Tejada was captured on video while using a luxury Range Rover Vogue brand truck owned by the businessman. Three other vehicles were auctioned without notification for a price lower than the market price.
The criminal procedure code, in article 286, provides that The Judge may order the Public Ministry to file charges. If you do not do so, then the assets will be released and the case will be closed. Under this argument The Supreme Court of Justice revoked the decision of a Guarantee Judge prior to NOT agreeing to order the Public Ministry to file the accusation. By denying the Public Ministry the imposition of charges due to the strict rule established by the Procedural Code of Panama, the investigation had to be archived. However, this has not happened, by law this investigation cannot remain open.
The Mexican businessman remains anonymous due to the level of corruption
On September 29, 2022, the Judge of Guarantees of the First Judicial Circuit of Panama, Carmelo Zambrano denied the request of the Public Ministry in his formulation of charges against the businessman, the decision was decreed since the prosecutor Sandy Cedeño "did not have the minimum requirements required by the Procedural Code of Panama, in her 36 months of investigation." Judge Carmelo Zambrano, I take the accusation as not presented, because The Public Ministry had brought an unfinished investigationwith many errors and a clear disagreement in its elements of conviction.
Given this, Judge Clara Montenegro ordered the release of the businessman's assets, which the Public Ministry appealed. Immediately afterwards, the First Court of Appeals revoked the judge's decision to release the assets, because Judges Asunción Alonso, Gladys Moreno and Giovanina Antorinori considered that "regardless of the fact that the attribution" of charges to the Public Ministry had already been fulfilled fully what is required by article 286 of the Criminal Procedure Code and, therefore, the assets should continue to be seized.
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His legal team, after that ruling, requested a Habeas Corpus hearing in which the Criminal Chamber of the Supreme Court of Justice, preceded by Judge María López, confirmed said decision using jurisprudence and interpretations far from what the strict norm requires.
The participants in this scandal, Isis del Carmen Soto, Marcos Mosquera de la Guardia and Sandy Cedeño Tejeira They will have to be notified and will be subject to an international conduct order so that their process in the United Mexican States can begin and be formally established.
The businessman's lawyer, Franklin Amaya Jované, spoke with the media. “It is worrying that our Justice System lends itself to this, this is a situation completely orchestrated by the Public Ministry, I cannot stop being surprised by its unfair acts, with a lack of ethics and principles... and it is even more delicate that the other parties are willing to support this, the case has been going on for three years and seven months, without reaching a formal summary investigation. Assets worth 18 million dollars continue to be seized for the same amount of time.”
The Mexican businessman, who for his safety prefers to keep his name anonymous, declared: “Corruption in the Justice System of Panama has no limits, three years and seven months have already passed with my assets illegally seized even when a Guarantee Judge denied the prosecution's accusation, they still have not closed the investigation and released my assets by clear lack of elements.”
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