Bill 394.

Summary.

The bill amends Article 29 of Law 467 of 2025, which replaces Law 16 of 2016 on community justice of the peace. It assigns community judges jurisdiction over acts involving the use of deception to obtain an unlawful benefit at another person’s expense, the nonviolent taking of movable property belonging to another, and unlawful acts involving damage to property or misappropriation, when the amount involved does not exceed B/. 1,000.00, there is no repeat offense, and the conduct is not an aggravated offense. In the other specified cases, jurisdiction would lie with the competent authorities. Community judges working at night, on weekends, or on public holidays would receive complaints falling within the mayor’s jurisdiction and refer them within 24 hours.

The amendment to Article 53 of Law 467 of 2025 allows community judges to refer people who repeatedly commit acts punishable under that law to social, municipal, or state rehabilitation programs. It excepts repeat offenses involving the 3 categories of property-related conduct described, assigning them to the criminal courts. Article 3 proposes adding Article 4-A to that law: the Ministry of Government (Ministerio de Gobierno) and the Ministry of Public Security (Ministerio de Seguridad Pública) would have access to an up-to-date, secure, interconnected digital database to record, consult, and track prior correctional offenses of the same kind. Community judges would record sanctions for those offenses. The National Authority for Government Innovation (Autoridad Nacional para la Innovación Gubernamental) would implement, administer, maintain, and update the platform in coordination with the competent entities and with budget allocations for its continuous operation.

In the Judicial Code, adopted by Law 29 of October 25, 1984, the bill amends Article 175. Community judges would hear ordinary and enforcement civil proceedings involving up to 1,000 balboas (B/. 1,000.00), proceedings concerning negligent or intentional injuries resulting in incapacity for less than 30 days, and the specified property-related conduct when the amount involved does not exceed D/. 1,000.00, there is no repeat offense, and the conduct is not an aggravated offense under the Criminal Code. In the Criminal Procedure Code, adopted by Law 63 of August 28, 2008, it amends Article 45 to assign municipal judges proceedings involving simple theft, misappropriation, simple fraud, and damage to property where the amounts exceed 1,000 balboas (B/. 1,000.00) but do not exceed 5,000 balboas (B/. 5,000.00), as well as proceedings involving amounts not exceeding 1,000 balboas (DI. 1,000.00) where there is a repeat offense.

Article 221 of the Criminal Code, adopted by Law 14 of May 18, 2007, would provide for 5 to 10 years’ imprisonment for the conduct described in the preceding article if the property loss exceeds 10,000 balboas (8/.10,000.00). The amendment clause lists those changes and refers to the addition of Article 5-A to Law 467 of 2025, while Article 3 identifies the added provision as Article 4-A. The text requires the added and amended provisions of that law to be implemented by executive decree and sets its entry into force for the fiscal year following its promulgation. Its provisions concern the Ministry of Government, the Ministry of Public Security, the National Authority for Government Innovation, community and municipal judges, people subject to these proceedings, and those harmed by the property-related conduct described.