Bill 610.

Summary.

The bill would amend Article 220 of the Criminal Procedure Code (Código Procesal Penal), which governs agreements between the Public Prosecutor’s Office (Ministerio Público) and an accused person. Such agreements could be reached from the hearing at which the accused is formally notified of the allegations until before the charge is filed with the guarantees judge. An agreement could cover acceptance of the facts alleged in the notice or charge, or some of those facts, together with the sentence to be imposed. It could also concern the accused person’s effective cooperation in clarifying the offense, stopping its continued commission, preventing other offenses, or supplying essential information to identify its perpetrators or participants.

Once an agreement is reached, the prosecutor would have to submit it to the guarantees judge. The bill confines judicial rejection to disregard of fundamental rights or guarantees, or indications of corruption or triviality. Where a sentencing agreement concerns offenses against the sexual freedom and integrity of minors or persons with disabilities, the victim’s opinion would have to be validated. Sentencing agreements would be unavailable for femicide offenses.

If the judge approves an agreement based on acceptance of the facts and the sentence, the judge would deliver judgment. A sentence following conviction could neither exceed the agreed sentence nor fall below one third of the sentence applicable to the offense. For an agreement based on effective cooperation, the parties could, depending on the circumstances, agree to a sentence reduction or to refrain from bringing charges against the accused person. In the latter case, the proceedings would be closed.

The bill adds a condition where the accused person must appear as the principal prosecution witness. The decision not to bring charges would remain suspended until that person fulfills the commitment to testify. If the person complies with the agreement, the corresponding benefit would be granted; otherwise, the matter of their prosecution would be reviewed. The second article expressly identifies the amendment to Article 220 of the Criminal Procedure Code. The third provides that the proposed law would take effect on the day after its promulgation.

The bill concerns the work of the Public Prosecutor’s Office and guarantees judges in criminal proceedings in Panama (Panamá). Its provisions could affect or be of interest to accused persons, victims, and people serving as principal prosecution witnesses. The text is submitted for consideration by the National Assembly (Asamblea Nacional).