Summary.
The bill amends Article 205 of the Criminal Code (Código Penal). It proposes imprisonment of four to ten years for anyone who suppresses or alters a minor’s identity in civil status records. The same penalty would apply to anyone who knowingly delivers a minor to a person who is neither the minor’s parent nor authorized to receive the minor. The provision places alteration of recorded identity and knowing delivery to an unauthorized recipient within the same article.
The bill then adds Article 205-A. A person who, by any means, passes herself off as the mother of a newborn or pretends to have given birth to a boy or girl whose mother is someone else would face imprisonment of four to seven years. It next amends Article 206: delivering a child or adolescent, for unlawful purposes or by unlawful means, to someone who is neither a parent nor authorized to receive that child or adolescent would carry imprisonment of four to eight years.
The amendment to Article 208 covers a person who abducts, transfers or retains a minor, or attempts any of those acts by unlawful means. The provision lists kidnapping, consent obtained through fraud or coercion, and the giving or receipt of unlawful payments or benefits to secure the consent of parents, persons or an institution responsible for the minor. It proposes imprisonment of ten to twelve years for the conduct described in that article.
The article identified by the bill as Article 208-A would increase the maximum penalty for offenses under Title V, Chapter III of the Criminal Code by one third to one half in specified circumstances. These include physical or psychological harm to the victim; an offender related to the child or adolescent within the third degree of consanguinity or the second degree of affinity; an offender or participant who is a public servant, health worker, domestic worker, or person working in a daycare facility or social organization; and the use of information and communication technologies to recruit, deceive or commercialize the minor. It also provides that the consent of parents, guardians or legal representatives would not remove criminal liability when the act affects the fundamental rights of the child or adolescent.
Finally, the bill lists the amendments to Articles 205, 206 and 208 and the additions of Articles 205-A and 208-A to the Criminal Code of the Republic of Panama (Panamá). It provides for entry into force on the day after promulgation in the Official Gazette. Its provisions concern civil status records and institutions responsible for minors and could affect or interest families, health workers, domestic workers, daycare facilities, social organizations and minors.
What it proposes.
- Offenses involving the identity of minors.
- Delivery, abduction, transfer and retention of children and adolescents.
- Penalties and circumstances increasing penalties for offenses under Title V, Chapter III of the Criminal Code.
Who it would affect.
- Persons who suppress or alter a minor’s identity.
- Persons who deliver, abduct, transfer or retain a minor under the stated conditions.
- Persons who falsely claim to be a newborn’s mother.
- Offenders and participants subject to the specified penalty increases.
Key points.
- Suppressing or altering a minor’s identity in civil status records would carry imprisonment of four to ten years.Art. 1
- The same penalty would apply to anyone who knowingly delivers a minor to someone who is neither a parent nor authorized to receive the minor.Art. 1
- Passing oneself off as a newborn’s mother or pretending to have given birth to a child whose mother is someone else would carry imprisonment of four to seven years.Art. 2
- Delivering a child or adolescent for unlawful purposes or by unlawful means to someone who is neither a parent nor authorized to receive them would carry imprisonment of four to eight years.Art. 3
- Abducting, transferring or retaining a minor, or attempting those acts by the unlawful means described, would carry imprisonment of ten to twelve years.Art. 4
- Circumstances concerning harm to the victim, family relationship, the offender’s or participant’s role, and the use of technology would increase the maximum penalty for the specified offenses by one third to one half.Art. 5
- Consent from parents, guardians or legal representatives would not remove criminal liability when the act affects a child’s or adolescent’s fundamental rights.Art. 5
- The bill lists the articles it amends and adds, and provides for entry into force on the day after promulgation in the Official Gazette.Arts. 6-7