Summary.
The bill, submitted for consideration by the National Assembly (Asamblea Nacional), proposes to amend and add provisions to the Criminal Code (Código Penal) of the Republic of Panama (República de Panamá). It addresses unlawful deprivation of liberty, the removal and improper retention of minors and persons lacking legal capacity, and their departure from the country without the authorization required by the proposed article. It sets specific prison terms when the person deprived of liberty is a minor and when the circumstances described in the new provision arise.
Art. 1 amends Article 149 of the Criminal Code. A person who unlawfully deprives another person of liberty would face one to three years’ imprisonment or an equivalent penalty in day-fines or weekend detention. If a public servant ordered or carried out the deprivation of liberty while abusing official functions, the term would be two to four years’ imprisonment. Where the unlawful deprivation of liberty involves a minor, the proposed term is eight to twelve years’ imprisonment. The amended article sets out the penalties applicable to each of these situations.
Art. 2 amends Article 158 of the Criminal Code. It proposes ten to fifteen years’ imprisonment for a person who, without seeking profit, removes a minor or a person lacking legal capacity from the custody of their parents, guardian, or the person responsible for their custody, upbringing, or care. The same provision covers improper retention of that person and taking them out of the country without authorization from the person who holds parental authority or is responsible for their care. The article thus identifies the covered conduct and the person whose authorization is required for departure from the country.
Art. 3 adds Article 158-A to the Criminal Code. When a minor is the victim of conduct covered by Articles 149 or 158, it proposes fifteen to twenty years’ imprisonment if two or more people commit the act. That prison term would also apply when drugs or illicit substances are used to facilitate the deprivation of liberty or retention. Art. 4 identifies the amendments to Articles 149 and 158 and the addition of Article 158-A to the Criminal Code of the Republic of Panama.
By its subject matter, the bill concerns the National Assembly, the public servants referred to in the provision on deprivation of liberty, and families, guardians, and people responsible for the custody, upbringing, or care of minors or persons lacking legal capacity. It could also be of interest to those involved in criminal justice and the protection of minors.
What it proposes.
- Unlawful deprivation of liberty and applicable penalties.
- Removal, improper retention, and departure from the country of minors or persons lacking legal capacity.
- The prison term proposed for specified circumstances involving minors.
Who it would affect.
- People who unlawfully deprive another person of liberty.
- Public servants who order or carry out a deprivation of liberty while abusing official functions.
- People who remove, improperly retain, or take minors or persons lacking legal capacity out of the country under the described circumstances.
Key points.
- Unlawful deprivation of liberty would carry one to three years’ imprisonment or an equivalent penalty in day-fines or weekend detention.Art. 1
- If a public servant orders or carries out the deprivation of liberty while abusing official functions, the term would be two to four years’ imprisonment.Art. 1
- Unlawful deprivation of a minor’s liberty would carry eight to twelve years’ imprisonment.Art. 1
- The removal, without seeking profit, of a minor or person lacking legal capacity from the custody of those responsible for their custody, upbringing, or care would carry ten to fifteen years’ imprisonment.Art. 2
- The penalty under Article 158 would also cover improper retention or departure from the country without authorization from the person holding parental authority or responsible for care.Art. 2
- When the victim is a minor, a term of fifteen to twenty years’ imprisonment is proposed if two or more people commit the act.Art. 3
- The term of fifteen to twenty years’ imprisonment is also proposed if drugs or illicit substances are used to facilitate the deprivation or retention of a minor.Art. 3
- The bill identifies the amendments to Articles 149 and 158 and the addition of Article 158-A to the Criminal Code.Art. 4