A informação foi tornada pública pelo Vice-Presidente do Conselho Nacional da Ordem dos Advogados de Moçambique (OAM), Arlindo Guilamba, que discursava em Maputo, no âmbito da realização da V Conferência Nacional sobre a Criminalidade Financeira, organizada pelo Instituto Superior de Ciências e Tecnologia Alberto Chipande (ISCTAC) sob o lema “Crimes Económicos em Moçambique – Para onde vamos?”.
De acordo com Arlindo Guilamba, a prevenção e combate à criminalidade económico-financeira impõe o reforço do quadro legal à altura da sua maior complexidade e, devido a sua globalização, uma cada vez maior cooperação institucional a nível interno e internacional, na medida em que apenas uma perspectiva integrada e coordenada permitirá desenvolver ferramentas adequadas e eficazes de combate a esta ameaça presente, que condiciona o saudável desenvolvimento das sociedades.
“Neste particular, verifica-se a necessidade de diariamente melhorar os sistemas de controlo interno, apostar no reforço da independência, autonomia e qualificação das instituições competentes e seus funcionários, criar melhores condições de trabalho investigativo e adequar os diversos regimes legais”, revelou Arlindo Guilamba para de seguida acrescentar, que impõe-se no âmbito da prevenção e combate a criminalidade financeira, o alargamento da responsabilidade financeira a todos os agentes.
Ainda na esteira da sua intervenção, Arlindo Guilamba, revelou que a complexidade da criminalidade económico-financeira, agravada pelo uso dos mais diversos meios tecnológicos ao serviço da sociedade, justifica-se uma correlativa exigência musculada, através de métodos muito mais avançados e, em alguns casos ocultos ou disfarçados, para a sua investigação e obtenção de prova muitas vezes difíceis de aceder em tempo útil.
Entretanto, Arlindo Guilamba, recordou aos participantes que a utilização destes métodos constituiu uma das formas de reacção do sistema à criminalidade mais complexa, todavia, deve sempre ser mantido o respeito e primazia do quadro constitucional dos Direitos Liberdades e Garantias.
“O novo Código do Processo Penal e alguma legislação avulsa, como é o caso da lei n.º 13/2020 de 23 de Dezembro (Estabelece o Regime Jurídico Especial de Perda Alargada de Bens e Recuperação de Activos), densificaram estes métodos de recolha de prova, especialmente para os crimes económico-financeiros, de resto a lei 13/2020 veio fixar, efectivamente, o regime especial de recolha de prova, quebra do segredo profissional e perda de bens a favor do Estado”, asseverou.
Daí que, segundo Guilamba, a prevenção e combate a este fenómeno exige um processo penal com eficácia e sem lesionar os Direitos, Liberdades e Garantias constitucionalmente estabelecidas.
Outrossim, a prevenção e combate a criminalidade financeira justifica, mais do que nunca, a proteção adequada das testemunhas e denunciantes que em muitos casos são determinantes nas actividades investigativas.
Para a Ordem dos Advogados de Moçambique, na voz do Vice- Presidente do Conselho Nacional, as testemunhas não podem ser vítimas da violência dos autores destes crimes que em muitos casos se consubstancia em represálias e intimidação.
“A proteção de testemunhas é uma das formas de, em paralelo e antes de tudo, prevenir e combater o crime de obstrução à justiça que se pretende alcançar nos casos dos crimes económico-financeiro”, concluiu.
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