Former prosecutor for Drug-Related Crimes and former magistrate of the Supreme Court of Justice, Abel Almengor, commented on the future anti-mafia law expected to be presented to the National Assembly, highlighting the need to ensure strict judicial control over exceptional investigative techniques to prevent violations of citizens' fundamental rights.
Almengor explained that currently, conspiracy is only classified in crimes such as drug trafficking, while the figure of Illicit Association regulates the permanent meeting to commit undetermined crimes. According to the jurist, this situation creates spaces for impunity, especially in cases of organized crime and gangs.
"The future organized crime law will systematize and organize all investigative techniques and criminal types in a single normative body, preventing them from being scattered in different laws and codes," he stated.
The expert emphasized that the proposal will be inspired by international conventions, such as the United Nations Convention against Transnational Organized Crime (Palermo Convention, 2000) and the Vienna treaties of 1972 and 1988 against drug trafficking, already adopted by Panama.
"These instruments contain concepts, criminal types, and investigative techniques that will serve as a guide for the new standard," indicated Almengor.
Exceptional techniques under supervision Among the exceptional tools that must be subject to judicial control, the lawyer mentioned judicial wiretaps, controlled deliveries, judicial operations, seizure of illicit money, reservation of proceedings, lifting of banking secrecy, raids, and searches.
"Being exceptional techniques, they must always have judicial supervision to protect fundamental rights and prevent abuses," he reiterated.
Balance between effectiveness and rights Almengor's reaction highlights the importance of balancing the effectiveness of the law with legal guarantees, in a context where the current criminal system still presents gaps that hinder the prosecution of organized crime.
