Bill 235.

Summary.

Article 1 proposes a general amnesty for people sentenced, prosecuted or subsequently prosecuted in the cases identified as «New Business», concerning the purchase of the Editorial Panamá América, S.A. (EPASA) group, and «Odebrecht», and for people prosecuted or sentenced in the «Blue Apple» case. The article identifies offenses under the Criminal Code (Código Penal) in Title VII, on offenses against the economic order, Chapter IV, on money laundering, and Title X, Chapter III, on unjustified enrichment. The proposed amnesty applies to the people and cases described in that provision.

Article 2 directs officials of the Judicial Branch (Órgano Judicial) and the Public Prosecutor’s Office (Ministerio Público) who handle those cases, have jurisdiction over them or exercise criminal prosecution to issue the corresponding release orders immediately. It also provides for the extinguishment of principal and ancillary sentences already imposed, the lifting of all precautionary measures ordered and the termination of criminal proceedings. Where appropriate, and upon a party’s request, those officials would close the case file. These steps concern the cases listed in Article 1 and the criminal and procedural consequences that the bill assigns to the amnesty.

Article 3 defines amnesty as an act of penal clemency or pardon decreed by the National Assembly (Asamblea Nacional) under Article 159(6) of the Political Constitution (Constitución Política) for a person convicted of or investigated for a political offense. Under the proposed definition, amnesty extinguishes criminal proceedings and principal and ancillary sentences. The same article develops the meaning of political offense in addition to the case law of the Supreme Court of Justice (Corte Suprema de Justicia).

One situation included in that definition concerns acts by officials of the Public Prosecutor’s Office that resulted in sanctions, persecution, prosecution or trial of former members of the Cabinet Council (Consejo de Gabinete), institutional authorities, managers, directors, people involved in public contracts connected with the identified former officials, their relatives up to the fourth degree of consanguinity and their spouses. The text places the described acts within the constitutional period from July of the years 2010 through June 2015. It connects them with investigations initiated through the State Security Council (Consejo de Seguridad del Estado), instructions attributed to the President of the Republic, and restrictions on cross-examination, access to case files, copies and evidence.

The definition also covers members of that political administration who were investigated, prosecuted or sanctioned, or whose cases remain pending, when prosecutors or judges prevented them from cross-examining prosecution witnesses in the circumstances described for «New Business», «Odebrecht» and «Blue Apple». It includes proceedings against people considered politically persecuted by another State or international organization under international instruments. It further covers judicial acts in criminal proceedings that resulted in a conviction or remain pending and took place without a formal imputation, with reference to Article 280 of the Criminal Procedure Code (Código Procesal Penal).

Article 4 adds Article 207-A to Law 49 of 1984 (Ley 49 de 1984). It proposes that, if the President of the Republic does not sign a law within the constitutional period and raises no objection, the President of the National Assembly sign and promulgate it with the Secretary General’s signature in the Official Gazette or on the National Assembly’s website. If the Official Gazette does not publish it within the three days following receipt, the Secretary General would certify the absence of signing by the Executive Branch or of publication. Publication by the National Assembly would receive a number in a progressive sequence in the Secretariat General’s archives. Article 5 provides that the proposed law would take effect upon its promulgation in the Official Gazette.

By its subject matter, the bill concerns the National Assembly, the Judicial Branch, the Public Prosecutor’s Office, the Supreme Court of Justice and the State Security Council in Panama (Panamá). It could be of interest to or affect people connected with the identified criminal cases, their counsel, justice officials and participants in public procurement.