Law reform could snag no-show criminal suspects

A  PROPOSAL to reform the criminal code so that suspects under investigation can be accused in absentia would close an escape route for the likes of ex-president Ricardo Martinelli and other high profile figures who have fled the country or fail to show up in court although represented by lawyers.

The legislative proposal that would avoid the provisional dismissal of the case was submitted to the National Assembly by the independent deputy and former Attorney General, Ana Matilde Gómez.

She warned that, currently, the cases of people who could not be imputed by being out of the country could go unpunished.The preliminary bill seeks to eliminate the requirement that a person investigated must be present at the imputation hearing and intends, according to Gomez, to put an end to impunity.

According to the current rules, if the suspect, once cited legally, does not attend the hearing, the judge may decree the dismissal of the case until the person being investigated shows up thus promoting impunity, says Gómez.

The proposed amendment to the Criminal Procedure eliminates the requirement that the subject under investigation must be present at the imputation.

The proposal could be applied in several cases that are stuck in the Supreme Court related to Martinelli, in the United States waiting to be extradited to Panama.

What is proposed was already applied under the inquisitive system. However, with the implementation of the accusatory system in 2016, it was eliminated.

The preliminary draft law raises as an alternative the expansion of the option to submit to the direct procedure, not only those accused with a penalty of up to four years but those with longer sentences.

Ex-Prosecutor  Rogelio Cruz said there is no problem with the reforms proposed by Gómez and they  should not face major obstacles for approval reports La Prensa.

Ex-Magistrate Edgardo Molina Mola said that the modifications are favorable, since they apply to cases like Martinelli’s.

“How is it possible that a man like him [Martinelli] is absent and cannot be judged and even more, when you have about 10 lawyers. It is totally absurd that he has to show up personally when the lawyer is the one who represents him,” he said.

The lawyer made the caveat that one must be cautious in applying this type of procedures as in dictatorial regimes they are used to commit “abuses and arbitrariness”.