Bill 551.

Summary.

The bill seeks to secure fundamental rights and procedural guarantees in criminal and civil justice in the Republic of Panama (República de Panamá). It amends Law 63 of August 28, 2008, which adopts the Criminal Procedure Code (Código Procesal Penal), and Law 402 of October 9, 2023, which adopts the Civil Procedure Code (Código Procesal Civil). Its stated scope covers judicial oversight of criminal proceedings, adversarial process, the right of defense and the separation of prosecutorial and judicial functions. It also proposes to prevent parallel civil and criminal claims arising from the same facts and to align the rules governing both proceedings.

The bill reallocates jurisdiction between the Criminal Chamber (Sala Penal) and the Superior Courts of Appeal (Tribunales Superiores de Apelaciones). The Criminal Chamber would hear specified proceedings against senior officials, cassation and review appeals, jurisdictional disputes, appeals in habeas corpus matters and objections to decisions of the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) in extradition cases. The Superior Courts of Appeal would hear, among other matters, habeas corpus applications, appeals concerning judicial decisions, disputes involving traditional Indigenous authorities and extradition applications other than those objections. A private criminal complaint would have to be filed in writing through counsel, identifying the parties, describing the facts, stating the basis and provisional amount of the civil claim, and offering evidence. Prosecutors or courts would exclude civil compensation if the victim had pursued the claim in another jurisdiction.

Regarding property, the bill provides for provisional seizure of assets connected with the listed offenses. The assets would remain under the authority of the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) until a judicial decision, with registration at the Public Registry (Registro Público) or municipality where appropriate. It addresses provisional possession of third party property and limits seizure of a business with multiple owners to the portion connected with the offense. A complainant could request property related precautionary measures from a guarantees judge upon filing the complaint, without a prior formal charge, including against a third party whose civil liability is substantiated.

To bring a formal charge, the Public Prosecutor’s Office (Ministerio Público) would have to present the facts, supporting evidence and criminal classification before a guarantees judge. The defense would receive equal time to make submissions and could present evidence; the judge’s decision to admit or reject the charge would be appealable. At the indictment hearing, the judge would decide preliminary objections and require defective indictments to be clarified or corrected without adding evidence. The judge would then examine the evidence, defense objections and probable cause before committing the case for trial or rejecting the indictment. The bill sets appeals and deadlines for deciding specified challenges and issuing the order opening trial. A conviction would be confined to the facts and criminal provision stated in the indictment. It regulates the effects of acquittals and convictions, including civil claims, and allows a person detained for extradition to seek bail subject to residence ties and supporting evidence.

To designate a case as complex, the Public Prosecutor’s Office would have to justify its diligence, outstanding evidence, the time needed and the applicable ground before a judge. The decision would be appealable and reviewable; it could apply only to specified defendants, with separate proceedings ordered for the others. The procedure would extend detention and investigation periods under the proposed rules. In civil proceedings, the amendment to Article 407 governs which objections receive preliminary determination and how they are filed, served, proved, decided and appealed. Finally, the bill repeals provisions of the Criminal Procedure Code and provides for commencement upon promulgation. Its provisions concern the National Police (Policía Nacional), judicial institutions, defendants, victims, complainants, third party owners and civil litigants; they may also affect businesses whose assets are subject to precautionary measures.