Draft bill 74.

Summary.

The draft bill amends the Criminal Code of the Republic of Panama (Código Penal de la República de Panamá) to exclude people who commit offenses against public administration from the alternative penalties of house arrest and community service. It allows a judge to order house arrest for a woman convicted of those offenses who is pregnant or has recently given birth until the child reaches 1 year of age; she would then continue serving the imposed sentence. For intentional offenses against public administration, it makes disqualification from public office mandatory and permanent. It establishes that the disqualification lasts for life and that enforcement of ancillary penalties is not suspended by an alternative sentencing measure. It excludes those offenses from conditional suspension of sentence enforcement and from house arrest based on certain personal or health conditions, subject to the exception for women who are pregnant or have recently given birth under Article 63.

For offenses involving public property and resources, it sets prison terms for a public servant who misappropriates or embezzles property entrusted to them by virtue of their office, takes advantage of another person's mistake to appropriate national or municipal property, uses official resources or services for purposes unrelated to public service, or allocates funds under their administration to a different public purpose in a way that affects the service. For misappropriation or embezzlement, it provides for a higher penalty if the amount exceeds 100,000 balboas (B/. 100,000.00) or the property was intended for welfare purposes or social development or support programs. It also increases the penalty for diverting funds when the purpose is to benefit oneself or another person, or when those social purposes are affected.

The text changes the penalties applicable to a public servant who accepts, receives, or requests benefits connected to their duties. It also addresses conduct by members of the Judiciary (Órgano Judicial) and the Public Prosecutor’s Office (Ministerio Público), administrative authorities, arbitrators, and other decision-makers who receive benefits to favor or harm a party; it includes collusion, fraudulent legal advice, and deliberate delay. It penalizes anyone who offers, promises, or gives benefits to a public servant. It also amends the offense of unjustified enrichment by a public servant, including the involvement of an intermediary and the payment of debts or extinguishment of obligations; the provision applies for up to 5 years after the person leaves office. The draft bill also changes the penalties for inducing the delivery of money or another benefit, influence peddling, and unlawfully refusing, omitting, or delaying official acts. In public procurement, it covers agreements to alter or fix prices, payments or promises tied to participation, interference through violence, intimidation, or deception, and the dissemination of false or distorted information.

Under Law 63 of 2008, it proposes that criminal prosecution for offenses against public administration and for fraud and other fraudulent acts against the State have no limitation period. It changes the written requirements for complaints and criminal reports filed through an attorney: they must include information about the persons and the events and identify supporting evidence, but failure to submit that evidence does not make them inadmissible. It assigns admissibility decisions to the Full Bench of the Supreme Court of Justice (Pleno de la Corte Suprema de Justicia) within no more than 10 days after assignment. It also regulates the oversight functions of the Sentence Enforcement Judge (Juez de Cumplimiento) and the judge’s power to substitute up to 30% of certain prison sentences when the person has shown good conduct and prospects for social reintegration; it excludes from substitution, among others, offenses against public administration and the other categories listed in Article 509. The draft bill lists the provisions amended and provides that it enters into force on the day of its promulgation.

The content relates to the Criminal Code, Law 63 of 2008, and the Political Constitution (Constitución Política), as well as the Judiciary, the Public Prosecutor’s Office, and the Full Bench of the Supreme Court of Justice. It could be of interest to or affect public servants, people under investigation or convicted, people filing reports or complaints, legal professionals, participants in public procurement, and entities that administer public resources.