Supreme Court of Justice (Panama), 2nd Criminal Court, December 12, 1995

JudgmentQuoted byMap of PrecedentsRelatedVincent

Speaker	Jose Manuel Faundes
Date of resolution	December 12, 1995
Transmitter	Second Criminal Court

VIEWED:

The Criminal Division of the Supreme Court has received the Objection Incident filed by Licdo. CECG on behalf of Mr. AL, detained at the headquarters of the Technical Judicial Police, within the Extradition Process promoted against him by the Embassy of the United States of America in Panama, for being accused of committing the crimes of Money Laundering, Failure to Report Monetary Transactions and Conspiracy.

The appellant alleges the following legal grounds:

That ALBERT LAILA is a Panamanian citizen.

That several of the crimes for which the aforementioned is accused do not constitute violations of the law in Panama.

Furthermore, the complainant bases his appeal on the following facts:

That AL is a Panamanian citizen and, as such, carries personal identity card # N-17-650.

That the charges against the aforementioned constitute crimes in the Republic of Panama; money laundering, as such, is not classified as a crime in our country, but rather “typical figures regarding drug-related assets but not as money laundering.”

That “monetary transaction structures to evade transaction reporting requirements do not even constitute a crime in our country. Much less so at the time of the accusations referring to 1987.”

That the crime of Conspiracy is not defined in our Penal Code.

That the Ministry of Foreign Affairs declared in the media that the extradition request requested is not admissible.

Having seen the main elements of the appeal, the Court is ready to issue its judgment, but not before expressing the following considerations.

This Court of Justice considers that in the present case it is pertinent to transcribe the provisions of article 2510 of the Judicial Code, contained in Chapter V of Title IX of Book III, referring to Extradition, which literally says:

“ARTICLE 2510. If the Ministry of Foreign Affairs deems the extradition request admissible, it shall so decide by means of the corresponding resolution, which shall be notified to the person sought. If the latter freely expresses his or her agreement with the requested extradition, he or she shall be immediately placed at the disposal of the requesting State.

Within fifteen (15) days,…

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