Summary.
The bill proposes to place a definition of political offense in Panamanian legislation, drawing on definitions established in local and international legal scholarship and case law. It frames that definition as applicable for all legal purposes in the Republic of Panama (República de Panamá). The bill treats offenses against the Legal Personality of the State under the Criminal Code (Código Penal), and electoral offenses under the Electoral Code (Código Electoral), as political offenses.
An ordinary offense could also be treated as a political offense if it is established that the offense resulted from the sociopolitical circumstances of the time, or that the offender intended to transform ideologies, restore the democratic system of government, defend democratic values or protect the constitutional order. The bill excludes from that classification opposition, actions and mobilizations aimed at destabilizing a constitutionally legitimate government that respects the democratic system of government. Classification of an ordinary offense therefore turns on establishing one of the circumstances or intentions specified in the bill.
The bill sets out further exclusions. Homicide and the infliction of serious bodily injury would not be considered political offenses. The same applies to terrorism and its financing; offenses against collective security, individual liberty or the Public Administration; and crimes against humanity. Using explosive or incendiary substances or devices would also be excluded where the circumstances are likely to endanger human life or cause substantial property damage. The exclusion extends to attempts, conspiracies and involvement as an accessory after the fact in relation to any of the listed conduct.
To establish the existence of a political offense, the bill requires consideration of the circumstances surrounding the act. That assessment must determine whether a legally protected interest belonging to the State was affected and whether the criminal purpose behind the violation was accompanied by altruistic, patriotic or idealistic sentiments. The bill applies its definition to grants of amnesty, pardons and asylum, and to extradition. It provides that the law would take effect on the day following its promulgation in the Official Gazette.
The proposal concerns public authorities involved in applying criminal and electoral law and in amnesty, pardon, asylum and extradition procedures. It could be relevant to or affect people investigated or convicted for conduct within its scope, asylum applicants and people subject to extradition proceedings. The Criminal Code, the Electoral Code and the Republic of Panama are the legal and territorial references expressly named in the provisions.
What it proposes.
- The legal definition of political offense.
- Criteria for treating ordinary offenses as political offenses.
- Conduct excluded from that classification.
- Application of the definition to amnesty, pardons, asylum and extradition.
Who it would affect.
- People alleged to have committed conduct covered by the definition.
- People investigated or convicted where classification could affect an amnesty or pardon.
- Asylum applicants and people subject to extradition.
Key points.
- Proposes to reflect definitions of political offense established in local and international legal scholarship and case law in Panamanian legislation.Art. 1
- Includes offenses against the Legal Personality of the State under the Criminal Code and electoral offenses under the Electoral Code.Art. 2
- Allows specified ordinary offenses to be classified as political if the stated sociopolitical circumstances or purposes are established.Art. 2
- Excludes opposition, actions and mobilizations aimed at destabilizing a constitutionally legitimate government that respects the democratic system.Art. 2
- Excludes homicide, serious bodily injury, the listed categories of offenses and certain uses of explosives or incendiary devices, as well as related attempts, conspiracies and involvement as an accessory after the fact.Art. 3
- Requires consideration of the circumstances of the act, harm to a legally protected State interest and altruistic, patriotic or idealistic motives to establish a political offense.Art. 4
- Applies the definition to grants of amnesty, pardons and asylum, and to extradition.Art. 5
- Provides that the law would take effect on the day following its promulgation in the Official Gazette.Art. 6