Bill 91.

Negado
  • TypeBill
  • 91
  • FiledAugust 5, 2024

Summary.

The bill establishes a prohibition on ordering the seizure of property in two circumstances. The first concerns people who report acts of corruption, arbitrary acts or violations of law on the basis of the National Constitution (Constitución NacionaL), where the measure concerns the consequences of the acts specifically reported. The second covers the assets and property of social communication media. The prohibition addresses the civil precautionary measure of seizure and the property covered by each circumstance.

Art. 1 adds paragraph 12 to article 531 of the Judicial Code (código judiciaL). That paragraph provides that seizure of the property of people making the specified reports could not be ordered when the measure is based on the consequences of the acts specifically reported. A separate subparagraph also covers the assets and property of social communication media. The addition therefore places both circumstances to which the prohibition would apply in one provision.

Art. 2 adds a final paragraph to article 331 of the Civil Procedure Code (Código Procesal Civil) of the Republic of Panama (República de Panamá). The paragraph repeats both circumstances: people who report corruption, arbitrary acts or violations of law on the basis of the National Constitution (Constitución Nacional), in connection with the consequences of the acts specifically reported, and the assets and property of social communication media. The prohibition would thus also appear in this civil procedure provision, expressly addressing the seizure of property.

Art. 3 identifies the provisions amended by the bill: article 531 of the Judicial Code (código judicial) and article 331 of the Civil Procedure Code (Código Procesal Civil). These correspond to the additions set out in Arts. 1 and 2, respectively. Art. 4 provides for the repeal of any provision contrary to the proposed law. Art. 5 states that the proposed law would take effect upon promulgation.

By subject matter, the bill relates to the Republic of Panama (República de Panamá) and to the cited provisions of the National Constitution (Constitución NacionaL; Constitución Nacional), the Judicial Code (código judiciaL; código judicial) and the Civil Procedure Code (Código Procesal Civil). It would concern judicial authorities responsible for ordering civil precautionary measures, people who report the specified acts, and social communication media whose assets or property could be subject to those measures.

What it proposes.

  • Seizure of property as a civil precautionary measure.
  • Protection of property belonging to people who report the specified acts.
  • Seizure of the assets and property of social communication media.
  • Additions to procedural provisions and repeal of contrary provisions.

Who it would affect.

  • People who report acts of corruption, arbitrary acts or violations of law.
  • Social communication media.
  • Judicial authorities that order seizure of property.

Key points.

  1. Adds paragraph 12 to article 531 of the Judicial Code (código judiciaL).Art. 1
  2. Prohibits ordering seizure of the property of people who report the specified acts in connection with the consequences of the acts specifically reported.Art. 1
  3. Prohibits ordering seizure of the assets and property of social communication media.Art. 1
  4. Adds the same circumstances prohibiting seizure of property to article 331 of the Civil Procedure Code (Código Procesal Civil).Art. 2
  5. Identifies article 531 of the Judicial Code (código judicial) and article 331 of the Civil Procedure Code (Código Procesal Civil) as amended provisions.Art. 3
  6. Repeals any provision contrary to the proposed law.Art. 4
  7. Provides that the proposed law would take effect upon promulgation.Art. 5