Bill 291.

Summary.

The bill establishes a framework for investigating and prosecuting offenses against the Public Administration, money laundering arising from those offenses, and criminal conduct harming the State. It covers protection of state assets, restitution and recovery of assets, special investigative techniques, and international cooperation, in accordance with the Constitution, treaties ratified by Panama, and the Criminal Procedure Code. It defines seized and forfeited assets, complex cases, freedom of proof, obligated parties, and the functions of the Public Prosecutor’s Office under this law. Investigations could begin on the authorities’ own initiative, following a report, or upon a formal complaint, independently of administrative or financial liability. Affected public institutions would be required to report offenses, join proceedings as complainants, preserve records, and respond to investigative requests.

A prosecutor could gather evidence, investigate the assets of individuals or legal entities, and rely on expert examinations and audits conducted by staff of public entities, public universities, police forces, or the Institute of Legal Medicine and Forensic Sciences (Instituto de Medicina Legal y Ciencias Forenses). Establishing the facts in criminal proceedings would not depend on a prior audit or endorsement by the Office of the Comptroller General of the Republic (Contraloría General de la República). The Public Prosecutor’s Office could provisionally seize assets linked to the offenses, subject to judicial review within the following 10 days. In circumstances such as multiple acts or persons, concealment of assets, or a transnational dimension, the prosecutor could request a judicial designation as a complex case and a reasoned extension of time limits. The prosecutor could also keep proceedings confidential for 30 consecutive days, extendable for the same period, subject to judicial review at the defense’s request.

The text regulates court-authorized interception of communications for up to 3 months, extendable for the same period, and seizure of correspondence with prior authorization or subsequent review in the specified exceptional circumstances. It authorizes undercover operations, physical or digital surveillance, domestic and international controlled deliveries, and controlled purchases, with a reasoned prosecutorial order and judicial oversight according to the technique used. It regulates the identity and liability of undercover agents, substitution of assets in controlled deliveries, and seizure of data under the Criminal Procedure Code. Information obtained through these techniques could be used in another related proceeding with subsequent judicial authorization. Communications companies would be required to cooperate confidentially with the Public Prosecutor’s Office. Other persons receiving requests would be required to respond within the specified period; unjustified failure to comply could result in escalating coercive fines. Documents obtained from official portals could be admitted into proceedings under the stated requirements for identification and recording how they were obtained.

The bill permits plea agreements with individuals and reparation agreements with legal entities that include fines, assets, compliance measures, cooperation, or compensation. It provides for performance guarantees, supervision, conditional suspension, and resumption of prosecution in the event of noncompliance. It regulates effective cooperation by persons connected to an investigation: they must acknowledge their involvement, surrender or return assets, assist with investigative steps, and undertake to testify. Depending on their contribution, an agreement submitted for judicial approval could provide for a reduced or substituted sentence, conditional suspension, or a decision not to file or pursue charges. It establishes protection of identity and safety, separation within correctional facilities, and the possibility of adding cooperation after the intermediate hearing. For persons reporting offenses, witnesses, and cooperating persons, it provides measures based on risk, including measures for family members, as well as relocation, assistance, protection, and employment protection; retaliation is punishable by a fine.

On international matters, it provides for legal cooperation under treaties, applicable law, or reciprocity; spontaneous transmission of information; and joint investigation teams governed by an establishing agreement and led by a Panamanian prosecutor when operating in Panama. It provides for locating and securing assets abroad, requesting their restitution or recovery after a final judgment, and agreeing to share them with another State. Restituted state assets would return to the affected entity; forfeited assets that were not state property would go to the National Treasury (Tesoro Nacional). Of the latter, 30% would be distributed among the Public Prosecutor’s Office, the Judicial Branch (Órgano Judicial), and the Ministry of Security (Ministerio de Seguridad). The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) would establish mechanisms to manage those funds.

Finally, it amends Criminal Procedure Code rules on limitation periods and suspension of proceedings, adds professional restrictions for former judges and prosecutors, and regulates the appearance and replacement of expert witnesses. It amends community service provisions in the Criminal Code; the investigation of unjustified enrichment under Law 59 of July 29, 1999; and the updating and retention of due diligence records under Law 23 of 2015. The Supreme Court of Justice (Corte Suprema de Justicia) is involved in authorizing certain interceptions, and the Penitentiary Technical Board (Junta Técnica Penitenciaria) is involved in the specified community service arrangement. The provisions could be relevant to public entities, judicial personnel, communications providers, insurers, banks, supervised professionals, and other obligated parties.