Bill 292.

Summary.

The bill amends Article 345 of the Criminal Code of the Republic of Panama to impose four to eight years’ imprisonment on a public servant who, personally or through an intermediary, accepts, receives, or requests gifts, promises, money, or other advantages. The provision covers benefits connected both to performing, omitting, or delaying an act in breach of official duties and to an act within the scope of the office, even if it does not breach those duties. It also covers receipt of the benefit after the act has been performed or the duties breached.

The amendment to Article 346 provides for five to ten years’ imprisonment for persons who exercise decision-making functions in the Judicial Branch (Órgano Judicial), the Public Prosecutor’s Office (Ministerio Público), an administrative authority, or arbitration and receive or request benefits to favor or harm a party, including after doing so. It applies the same penalty to officials of the Judicial Branch or the Public Prosecutor’s Office who, through collusion or other fraudulent means, issue a harmful decision manifestly contrary to the Political Constitution or the law, give legal advice harmful to a party, or maliciously delay proceedings. If that conduct results in the conviction of an innocent person, the prison term would be six to twelve years.

Amended Article 347 imposes four to eight years’ imprisonment on anyone who offers, promises, or gives benefits to a public servant to influence acts within the scope of the servant’s office. Articles 348 and 349 set penalties of five to ten years, respectively, for using confidential information obtained through the office for one’s own or another person’s benefit, and four to six years for accepting an appointment or receiving state remuneration without providing the corresponding service and without justification. The amendment to Article 350 provides for five to ten years’ imprisonment when the conduct described in Articles 345, 346, and 347 concerns public servants of another state or officials of public international organizations.

Amended Article 351 penalizes unjustified increases in wealth during a person’s tenure in office and for up to five years after leaving it, including when an intermediary is involved. It provides for a higher penalty when the amount obtained exceeds 100,000 balboas (B/. 100,000.00) and includes the payment of debts or discharge of obligations within the scope of enrichment. Article 352 penalizes a public servant who induces someone to improperly give or promise money or another benefit.

Amended Articles 364 and 365 cover agreements on prices, payments to participate or refrain from participating, obstacles placed in the way of other bidders, false or distorted reports, and actions by public servants that favor or harm participants in public procurement. New Article 365-A increases the penalty if that conduct leads to performance of the contract and the disbursement of state funds or an impact on state property. Article 12 lists the amendments and the addition; Article 13 provides that the law takes effect upon promulgation. The content concerns the National Assembly (Asamblea Nacional), the institutions mentioned, public servants, contracting bodies, and participants in their procurement processes.