Draft bill 64.

Summary.

The draft bill sets out rules for amnesty, pardon, sentence reduction and the grant of conditional release as functions assigned to the Legislative Branch (Órgano Legislativo) and Executive Branch (Órgano Ejecutivo) under the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá). It defines amnesty as a measure for persons connected with a political offense and pardon as an individual measure for such offenses; both would extinguish criminal proceedings and the penalty. Sentence reduction would shorten a prison term imposed for an ordinary offense. Conditional release would end proceedings or a sentence and provide immediate release subject to conditions. The proposed definition of political offense covers sanctions linked to political participation, proceedings motivated by political circumstances or accompanied by specified violations of guarantees, and cases recognized under conventions approved by Panama, including the Montevideo Convention on Political Offenses (Convención de Delito Político de Montevideo). It also refers to guarantees under the National Constitution (Constitución Nacional).

The plenary of the National Assembly (Asamblea Nacional) would have sole authority to grant amnesty and classify an offense as political for that purpose. It would approve amnesty by majority vote and could frame it by persons, events or accusations. The President of the Republic would classify an offense as political for pardon purposes and decide whether to grant a pardon. The President could also reduce principal or ancillary penalties or grant conditional release where the person is serving a sentence or qualifies through the proposed calculation of time under precautionary measures. These decisions would be made by executive decree signed with the Minister of Government. The measures would reach nationals and foreigners who have been prosecuted, accused or convicted, as applicable, for attempted or completed offenses; amnesty and pardon could be granted with or without a conviction.

Amnesty and pardon would take immediate effect. The custodian of a detained person, or otherwise the competent authority and security agencies, would be notified. The authority would declare the extinction of proceedings or the penalty, including for acts committed before the measure enters into force. To seek a sentence reduction or conditional release, the sentenced person or a specially appointed representative would have to establish that the sentence, or a countable part of it, has been served. If the President considers the application eligible, a notice would be published for tres (3) días so the parties could submit views; technological means could also be used. The decree would identify the person, proceedings and conditions. It would be sent to the judicial authority for implementation and would not be subject to appeal. Any member could submit an amnesty proposal directly to the Assembly plenary; after approval by simple majority, it would be signed and published in the Official Gazette (Gaceta Oficial).

None of the measures would apply to crimes against humanity or enforced disappearance. A final decision granting sentence reduction or conditional release would have the effect of res judicata. For rehabilitation, the text refers to article 5 of Law 66 of 2001 (ley 66 de 2001), which adds provisions to Law 16 of 1991, the Organic Law of the Technical Judicial Police (ley 16 de 1991 Orgánica de la policía técnica judicial), and requires 10 años to pass after the measure is granted. Amnesty and pardon would bring immediate and definitive release, termination of custodial orders, and extinction of principal and ancillary penalties and their effects, regardless of the jurisdiction handling the case.

Finally, the draft bill amends article 116 of the Criminal Code (Código Penal); articles 169 and 199 of the Criminal Procedure Code (Código Procesal Penal), concerning appeals and absolute procedural nullity; and article 191, described there as part of the Procedural Code (Código Procesal), concerning review of final judgments. Article 18 also lists article 119 of the Criminal Procedure Code among the provisions amended. The proposed law would enter into force the day after publication and repeal contrary provisions. Its subject matter concerns the National Assembly, the Executive Branch, judicial authorities and security agencies, and could affect people facing criminal proceedings, convicted persons and legal professionals.