Categories: Opinion

New Job: Strange Trial

Apparently a large portion of our people have another reason for distraction at this time. The word is oa an authentic legal spectacle where the figure is the epicenter of all attention Former President Ricardo Martinelli Berrocal. At the same time, there are leading figures of the domestic economy.

What is a play? It’s about experiment published under the name New Businesses. As I was at some point tied to the said process due to the defense I gave in favor of one of the accused (which by the way has nothing to do with the case, I’m talking about Aaron Mizrachi), feel free to write the following lines and which at that time formed part of my credit or together strategy and defense, all properly tested in the expeditious sequel.

They are: 1. Accusation by a public ministry engages in the alleged criminal offense of money laundering; 2. As the name of the crime suggests, it is about giving money a cleaning agent against the withdrawal of dirt that is deposited on criminal acts as prescribed Article 254 of the Criminal Code; 3. If this is not proven by the prosecution, which objectively and must provide the elements of belief, proven, with full certainty, about the existence of this criminal offense, it will be clear that all arguments about the said criminal offense destined to fail; 4. Therefore in the case of New Business, I managed to notice that neither in reading summons to the hearing or in witness intervention that appeared before the court, this part of the process has been looked at and I believe that it has not been overcome so far, that is, that it has not been possible to prove that the money with which the mentioned journalistic media was acquired. resulting from criminal acts or illegal activities; 5. If you participate, for example, in some public work as a tenderer in, for example, a tender, and you have received that work and fulfilled the purpose of the contracted work, the money is not product without wrongdoing and less of a crime, so you are free to use the money in any way you see fit or suitable for investment; 6. If there was a collection of money and someone invited them to contribute to the purchase of media, where is the crime? Simply, crime does not exist; 7. The seller, in the act of complete and perfect sale, offers a specific object for which he asks for a price.

Whoever sold the media asked for a price, with deletion or release of lien that before the existence of the banking entity on the property. The seller is paid and the bank is paid.

If it is money laundering, it is obvious that both the seller and the top people of the bank should be prosecuted. But it is not about hacking the bank or the former owners, for which there would be no reason criminal law for this, as there is none against the accused, because it seems to include, as a fixed idea, the prosecution, through the trial, of the former president.

criminal process which is before us coincides with the times political or electoral competition.

A mere coincidence? As the process unfolds, popular favoritism, electorally, continues to grow in favor of the main subject of this process: Ricardo Martinelli. However, the process remains devoid of evidence or evidence to support this a crime took place, and in the meantime, a criminal prosecution they do not prove, even if one cent of the money paid in the sale comes from money laundering, the objectivity of the law inclines me to believe that the sentence to be imposed will have to be in one direction only: acquittal. And not only from Ricardo Martinelli, but of all those who are in the same quality or condition as the accused.

If I had to give this process any name, I would not hesitate christen it thus: New Business: A Criminal Trial for no reason. I can’t think of another.

Although the appointment process advances or develops under the auspices of the old inquisitorial systemthe concept of the necessary formulation of the theory of the case, seen as a prosecution or defense strategy, is applicable.

And it is clear that the theory of the case for the prosecution does not seem easy, since it lacks a test to overcome, which is that existence of illegality of money or arising from the crime, I think the defense is galloping ua Optimal causam suscipere, i.e. in process or trial to win. God bless the country!

Source: Panama America

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