Bill 374.

Summary.

The bill contains two additions to the grounds for challenging criminal judgments. Its heading refers to Article 2030 of Book III of the Judicial Code (Código Judicial), while Article 1 expressly adds item 13 to Article 2430 of that code. Article 2 adds item 6 to Article 191 of the Criminal Procedure Code (Código Procesal Penal). Both provisions address violations of rights or guarantees established in constitutional rules, international treaties or conventions, and law, but place those violations within different remedies and state their grounds in different terms.

Article 1 proposes a new ground for cassation on the merits in criminal matters. Article 2430 of the Judicial Code, to which the item would be added, concerns final second-instance judgments issued by the Superior Courts of Judicial District (Tribunales Superiores de Distrito Judicial) for offenses carrying a prison sentence of more than two (2) years. The proposed ground covers violations of interests, rights, or guarantees provided for in the Political Constitution (Constitución Política), or in international treaties and conventions ratified by the Republic of Panama (República de Panamá) and contained in law. It also covers violations of due process guarantees. The addition would make those violations grounds for cassation on the merits against judgments falling within the article cited.

Article 2 proposes a separate ground for review of a final judgment under Article 191 of the Criminal Procedure Code. That article provides for review at any time and solely in favor of the sanctioned person. The new item 6 concerns a conviction that violated criminal or criminal procedural rights and guarantees contained in the National Constitution (Constitución Nacional), in international human rights treaties or conventions signed by the Republic of Panama, or in law. Under this proposed ground, the violation must have substantially affected the judgment being challenged. The addition thus concerns review of a final conviction and expressly requires a substantial effect on the judgment for which review is sought.

Article 3 provides that the proposed law would take effect upon its promulgation. The provisions concern the Superior Courts of Judicial District, the authorities responsible for criminal cassation and review of final judgments, sanctioned persons, and others involved in criminal proceedings in the Republic of Panama. The matters addressed are the grounds on which a qualifying second-instance judgment could be challenged through cassation on the merits and the grounds on which a final conviction could be reviewed in favor of the sanctioned person.