Bill 393.

Summary.

Article 1 proposes to replace Article 51 of Law 467 of 2025. The provision would allow community judges to impose penalties in a prescribed order, according to the seriousness of the matter. It classifies them as primary, alternative, and ancillary penalties. Primary penalties include a verbal reprimand, delivered privately or publicly, and full reparation for the harm caused and/or compensation. It also provides for a fine proportionate to the extent of the harm caused: up to 1,000 balboas (B/.1,000.00) in cases within a community judge’s jurisdiction and, in other cases, in accordance with the rules for municipal fines.

As another primary penalty, the proposed Article 51 provides for 1 day of detention for every 10 balboas of the value of harm exceeding 500 balboas (B/.500.00). For a lower amount, it would allow the community judge to set a minimum of 2 days or 48 hours of detention. That detention would be served at a police station near the Community Peace Justice Center (Casa de Justicia Comunitaria de Paz) that issues the order. The provision thus links the length of detention to the value of the harm in the first case and establishes a minimum that the judge could set in the second.

The same article lists community service and a peace and good conduct bond as alternative penalties. Ancillary penalties include confiscation of objects used by the offender, except firearms. It would also allow the attachment of property or wages up to 1,000 balboas (B/.1,000.00) to pay for the harm or the corresponding compensation, without prejudice to the provisions of the Civil Code of the Republic of Panama (Código Civil de la República de Panamá). These measures are added to the list of penalties that community judges would be responsible for imposing.

The proposed Article 51 also provides that all community peace justice proceedings aim to restore interpersonal or neighborly relationships, recognizing the rights of victims and their affected property or the matter that gave rise to the proceedings. To that end, the community judge could propose or encourage activities with the offender’s family members or neighbors, or with the community at large, aimed at restoring those relationships and promoting social integration.

Article 2 expressly identifies the amendment to Article 51 of Law 467 of April 24, 2025, which supersedes Law 16 of 2016. Article 3 requires the amendment to be included in the regulations implementing that law, and Article 4 provides that it would enter into force on the day after its promulgation. Given its subject matter, the bill concerns community judges, Community Peace Justice Centers, victims, offenders, their family members and neighbors, and the communities where these proceedings would take place.