Martinelli New Business Case Nullity Moves Rejected

Judge Baloísa Marquínez

720Views 0Comments Posted 24/02/2024


The Second Judge of Criminal Cases of the First Judicial Circuit of Panama, Baloísa Marquínez, flatly rejected, as inadmissible, six (6) incidents of nullity presented in the New Business case and one in the Odebrecht case, according to a statement from the Judicial Branch.

The note adds that, of the six incidents presented in the New Business case, four were on behalf of the former president of the Republic, Ricardo Martinelli, and two on behalf of two other citizens who appeared in the process followed by the crime against the economic order in the modality of money laundering.

Marquínez's decision to reject the incidents was based on the content of article 708 of the Judicial Code, which establishes that: "if the promoted incident was manifestly inadmissible, the judge must reject it outright without further processing." Likewise, paragraph 5 of article 201 of the Judicial Code indicates that magistrates and judges have within their duties, responsibilities, and powers " to reject any request or act that is inadmissible or that indicates a manifest delay ."

Meanwhile, the annulment incident presented in the Odebrecht case was instituted by the legal representation of a US citizen and sought to declare the nullity of Default Order No. 4 of August 14, 2023.

They explained that the court, after analyzing the factual and legal considerations supported, and given the absence of any cause for nullity in the issuance of the Default Order, proceeded to deny the incident of nullity presented by the private defense within the case followed by the alleged commission of a crime against the economic order in the form of money laundering in the so-called Odebrecht case.

The resolutions issued by the Second Liquidation Court for Criminal Cases are dated February 9, 19, and 20, 2024.

Former President Martinelli, who is seeking asylum in the Nicaraguan embassy, ​​was sentenced to more than 10 years for the crime of money laundering in the New Business case.

On the afternoon of Thursday, February 22, Marquínez admitted the request to modify the precautionary measure established by the First Specialized Prosecutor against Organized Crime, Emeldo Márquez Pittí, and ordered the preventive detention of former president, Martinelli for the New Business case.