Draft bill 211.

Summary.

The draft bill defines a professional degree as the document issued by an authorized university to a person who has demonstrated the required knowledge. It applies to criminalistics and forensic science professionals who meet its requirements in both the public and private sectors. Professional practice includes technical, investigative, scientific, and teaching activities that require this training, whether performed independently or as an employee. The bill also defines terms used in the field, including chain of custody, evidence, trace evidence, technical inspection, expert report, crime scene, and forensic expert. Its definition of technical inspection refers to the Single Manual of Procedures on the Chain of Custody of Physical Evidence (Manual Único de Procedimientos en Materia de Cadena de Custodia de Evidencias Físicas).

The Board of Directors of Criminalistics and Forensic Sciences (Junta Directiva de Criminalística y Ciencias Forenses) would grant professional certification to applicants who establish Panamanian nationality and hold the specified university degree. For degrees obtained from universities of recognized standing, the text requires validation by the University of Panama (Universidad de Panamá), unless an international agreement exempts the applicant. A reasoned written application would be submitted through a lawyer to the Technical Board of Criminalistics and Forensic Sciences (Junta Técnica de Criminalística y Ciencias Forenses) within the Institute of Legal Medicine and Forensic Sciences (Instituto de Medicina Legal y Ciencias Forenses). The Technical Board would set application requirements and decide within fifteen days after receiving the authorization and application. It would issue a certificate following a favorable decision. Certified professionals would have to comply with the profession’s Code of Ethics and supplementary laws.

The bill establishes the Technical Board with 6 principal members and their alternates. Members must have at least 10 years of experience, serve three-year terms, and may be reelected for one consecutive term. Its description of the Board of Directors includes representatives of the Public Prosecutor’s Office (Ministerio Público), private universities, the Faculty of Law and Political Science of the National University (Universidad Nacional), the Bar Association, and professional associations. The Technical Board would prepare its internal regulations, issue professional certificates, advise public and private bodies, and investigate complaints. It would also make recommendations concerning positions and pay, prepare a salary scale, maintain a professional register, and draft the ethics code. It could suspend professionals who breach the proposed law or professional ethics under a procedure set by its regulations. Its decisions could be challenged through reconsideration before the board and appeal to the authority designated in the reconsideration decision.

The grade and level structure would consider experience, academic qualifications, and years of service in both sectors. It would classify professionals according to experience and education, from bachelor’s degree through doctorate, and provide for advancement based on seniority or performance assessment and further education. For changes in grade or level, it would recognize certain paid study leave supported by a human resources certificate, while unpaid leave would not count toward the salary scale. Application of the scale would require professional certification and a position with the corresponding functions. The Technical Board would review the scale every 3 years, with implementing rules established by executive decree. Public-sector professionals could undertake teaching outside their public employment but no other private work. Professionals already practicing would be placed in the appropriate category upon institutional certification. The salary scale would apply from the next fiscal period after promulgation in the Official Gazette, without retroactive effect, and the bill prohibits salaries below those it stipulates.

The final provisions assign preparation of the ethics code, internal regulations, and salary scale to the Technical Board. They provide a transitional certification route for professionals with the stated experience and qualifications, subject to assessment, and authorize the Executive Branch to regulate the proposed law. One commencement provision specifies the day after promulgation; another specifies commencement upon promulgation. The content concerns the Institute of Legal Medicine and Forensic Sciences, the Public Prosecutor’s Office, the University of Panama, and public employers in the Republic of Panama (República de Panamá), as well as universities, professional associations, forensic services, and private employers.