Bill 65.

Summary.

The bill proposes approval in full of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Panama and the Swiss Confederation. The parties would provide assistance in investigations and proceedings concerning offenses within the jurisdiction of the requesting State’s judicial authorities. Assistance would cover testimony, transfer of evidence, service of documents, identification of persons and assets, measures concerning proceeds and instruments of crime, and other actions compatible with both legal systems. It would also extend to tax offenses, conduct predating the treaty’s entry into force, and requests involving the liability of legal persons. Extradition, enforcement of criminal judgments, transfer of sentenced persons to serve sentences, and transfer of criminal proceedings would fall outside its scope.

The requested State could refuse assistance on the treaty’s stated grounds, including certain political or military offenses, harm to essential interests, final criminal decisions concerning substantially similar conduct, limitation periods, discriminatory prosecution, or a lack of human rights safeguards. On the latter issue, the treaty cites the International Covenant on Civil and Political Rights of 16 December 1966. The requested State could also postpone a request that interferes with its own criminal proceedings; before refusal or postponement, it would give its reasons and consider assistance subject to conditions. Requests would be executed under its law, with the option of following a procedure specified by the other State. Dual criminality would be required only for coercive measures. The treaty provides for provisional measures to preserve assets, legal interests, or evidence; limits on subsequent use of information; confidentiality; and rules for transmitting, correcting, protecting, and destroying personal data, together with rights for affected persons.

For evidentiary measures, the requesting State could seek the presence of officials while a request is executed. Witnesses would retain the right to refuse testimony under the applicable laws. Witnesses and experts could be invited to appear in the other State, with expenses borne by the requesting State and no penalty for failing to accept the invitation under the stated conditions. The treaty establishes safeguards against prosecution or detention for earlier conduct, subject to its exceptions and its period of fifteen days. It also regulates the conditional temporary transfer of detained persons whose testimony is sought and hearings by videoconference, including identification of participants, protection of rights, and a record of the hearing.

The requested State would transmit requested objects, documents, records, and evidence, subject to rules on originals, copies, and return. It could provide judicial, tax, and investigative records; it would transfer assets connected with offenses for confiscation or return while respecting the rights of good faith third parties. Sharing confiscated assets would require an agreement for each case. The treaty also regulates service of judicial documents and permits joint investigation teams established by written agreement for defined purposes and periods. A copy of such an agreement would go to the Federal Office of Justice (Oficina Federal de Justicia) in Switzerland and the Office of the Attorney General (Procuraduría General de la Nación) in Panama.

The procedure would pass through the central authorities. For Switzerland, the designated body is the Federal Office of Justice (Oficina Federal de Justicia) within the Federal Department of Justice and Police (Departamento Federal de Justicia y Policía). For Panama, it is the Office for the Execution of Mutual Legal Assistance and International Cooperation Treaties in Criminal Matters (Oficina para la Ejecución de los Tratados de Asistencia Legal Mutua y Cooperación Internacional en Materia Penal) within the Ministry of Government (Ministerio de Gobierno). The treaty sets the means of transmission and required contents of requests, provision of additional information, referral to competent authorities, and reporting of results or delays. It exempts transmitted materials from legalization and authentication. It prescribes translations, permits English where agreed, and allocates specified execution expenses, including extraordinary costs.

Central authorities could transmit information or evidence without a prior request, within the limits of national law, to facilitate requests or criminal proceedings, and exchange information intended for prosecution or confiscation. The treaty preserves other forms of cooperation, provides for consultations, and refers disputes unresolved by the central authorities to diplomatic channels. It allows amendment by mutual consent. It would enter into force sixty days after receipt of the last notice that internal requirements have been met; either party could terminate it, effective six months after receipt of notice and without affecting pending cases. Its Spanish, French, and English texts would be equally authentic, with the English text prevailing if interpretations diverge. The bill provides that the approving law would take effect upon promulgation. The proposal concerns the judicial and investigative authorities of both States, the named central authorities, persons under investigation, witnesses, experts, and holders of assets involved in criminal proceedings.