Summary.
The draft bill amends Article 193 of the Criminal Code (Código Penal) to penalize anyone who offends a person's dignity, honor or reputation in writing or by any other means. For that conduct, it provides for ninety to one hundred and fifty days-fine and/or imprisonment from six (6) months to one (1) year. It then amends Article 194 of the same code: falsely attributing a criminal offense to a person would be punishable by one hundred to two hundred days-fine and/or imprisonment from one (1) year to two (2) years.
The amendment to Article 195 of the Criminal Code sets penalties when either of the preceding offenses is committed through oral or written social communication media or by using a computer system. For insult, it provides for imprisonment from twelve to twenty-four months or the equivalent in days-fine. For false imputation of a criminal offense, it provides for imprisonment from twenty-four to forty-eight months or the equivalent in days-fine. The proposed provision thus assigns distinct penalties according to the conduct and the means used to commit it.
The draft bill also amends Article 8 of the Criminal Procedure Code (Código Procesal Penal). A person must be treated and regarded as innocent throughout the investigation and proceedings until a judgment with the force of res judicata declares that person responsible for the offense charged. The amendment requires judges, prosecutors, complainants and members of the National Police (Policía Nacional) always to refer to an investigated person using language expressly stating that the person is presumed innocent under Article 22 of the National Constitution (Constitución Nacional). They may neither present an investigated or accused person as guilty nor provide the social communication media with information portraying that person as guilty. Publication is permitted only for data or photographs indispensable to identifying the person.
To communicate these obligations, Article 5 provides that the Judicial Branch (Órgano Judicial), through its Circuit Offices of the Accusatory Criminal System, and the Executive Branch (Órgano Ejecutivo), through the Ministry of Government (Ministerio de Gobierno) and the Ministry of Security (Ministerio de Seguridad), would circulate the full text of the proposed law. The circular concerns compliance with obligations relating to the presumption of innocence of every person under criminal investigation. Article 6 identifies the provisions amended: Articles 193, 194 and 195 of the Criminal Code of the Republic of Panama (República de Panamá), and Article 8 of the Criminal Procedure Code of the Republic of Panama. Article 7 provides that the law would take effect upon promulgation.
The subject matter concerns the Judicial Branch, the Executive Branch, the Ministry of Government, the Ministry of Security and the National Police. It could also interest or affect judges, prosecutors, complainants, investigated or accused persons, social communication media, and people who use computer systems to disseminate content.
What it proposes.
- Offenses against the honor of a natural person.
- Penalties for insult and false imputation of a criminal offense.
- Presumption of innocence during criminal investigation and proceedings.
- Public communication of information about investigated or accused persons.
Who it would affect.
- Persons who commit the conduct described in Articles 193, 194 and 195 of the Criminal Code.
- Persons investigated or accused in criminal proceedings.
- Judges, prosecutors, complainants and members of the National Police.
- Entities responsible for communicating obligations concerning the presumption of innocence.
Key points.
- Offending a person's dignity, honor or reputation in writing or by any other means would be punishable by ninety to one hundred and fifty days-fine and/or imprisonment from six (6) months to one (1) year.Art. 1
- Falsely attributing a criminal offense to a person would be punishable by one hundred to two hundred days-fine and/or imprisonment from one (1) year to two (2) years.Art. 2
- Distinct prison terms, or their equivalent in days-fine, would apply to insult and false imputation committed through social communication media or computer systems.Art. 3
- An investigated person must be treated as innocent during the investigation and proceedings until a final judgment declares that person's responsibility.Art. 4
- Judges, prosecutors, complainants and members of the National Police must express the presumption of innocence when referring to an investigated person and may not present that person as guilty to the media.Art. 4
- Only data or photographs indispensable to identifying the investigated person could be published.Art. 4
- The Judicial Branch and the Executive Branch, through the specified offices and ministries, would circulate the full text of the proposed law.Art. 5
- The text identifies the amended articles in both codes and provides that the law would take effect upon promulgation.Arts. 6-7