Summary.
The draft bill aims to prevent, regulate and address aggressive or dangerous human conduct that affects social coexistence, personal integrity or public health. To that end, it proposes preventive, psychosocial and administrative measures, as well as the application of criminal provisions where appropriate. It applies to anyone whose conduct poses a risk or causes harm to others, without distinction based on identity, beliefs, cultural expression or self-identification. The proposed intervention depends on the conduct and its effects on other people.
The text identifies risk behaviors including biting people, repeated physical assaults and behavior that violently or dangerously imitates animal conduct in public or private spaces. It also includes exposing others to health or biological risks. When such conduct is identified without serious harm having occurred, the competent authority could order a psychological or psychiatric assessment, mandatory therapeutic follow-up, temporary restrictions on conduct in public spaces, or guidance and social reintegration programs.
If the conduct causes injuries, physical harm, adverse health effects, epidemiological risk or any other harm to others, the draft bill provides for the application of the relevant provisions of the Criminal Code of the Republic of Panama. It also establishes that identity, beliefs or self-identification cannot be invoked as defenses to criminal liability. This provision refers harm caused to others to the applicable criminal law framework, while the preventive and psychosocial measures address identified risk behaviors before serious harm occurs.
When minors, persons with disabilities or older adults are involved, the text requires immediate notification of the competent administrative and judicial authorities so they can adopt comprehensive protection measures. It assigns implementation to the Ministry of Health (Ministerio de Salud), the Ministry of Social Development (Ministerio de Desarrollo Social), the National Police (Policía Nacional), the Judiciary (Órgano Judicial) and the administrative bodies designated by the regulations. It states that the draft bill gives effect to provisions of the Political Constitution of the Republic of Panama concerning the protection of life, personal integrity, public health and social coexistence, without discrimination, and reaffirms the application of the Criminal Code when others are harmed. It directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within 90 days of promulgation.
In light of its content, the proposal concerns the Ministry of Health, the Ministry of Social Development, the National Police and the Judiciary. It could be of interest to or affect mental health services, social services, administrative and judicial authorities, people exposed to risk behaviors, and the groups for whom comprehensive protection measures are proposed.
What it proposes.
- Prevention of and response to aggressive or dangerous human conduct.
- Identification of conduct that poses a risk to others.
- Psychosocial and administrative measures.
- Criminal liability for harm to others and comprehensive protection of vulnerable people.
Who it would affect.
- Anyone whose conduct poses a risk or causes harm to others.
- People affected by the conduct covered by the bill.
- Minors, persons with disabilities and older adults involved in that conduct.
- Authorities responsible for implementing the measures and adopting comprehensive protection measures.
Key points.
- Proposes preventing, regulating and addressing aggressive or dangerous conduct through preventive, psychosocial, administrative and, where applicable, criminal measures.Art. 1
- Would apply to anyone whose conduct poses a risk or causes harm to others, without distinctions based on identity, beliefs, cultural expression or self-identification.Art. 2
- Includes among risk behaviors biting, repeated physical assaults, certain violent or dangerous imitations of animal conduct, and exposure to health or biological risks.Art. 3
- Allows the competent authority to order an assessment, therapeutic follow-up, temporary restrictions in public spaces, or guidance and social reintegration when a risk is identified without serious harm.Art. 4
- Refers conduct that harms others to the Criminal Code of the Republic of Panama and prevents identity, beliefs or self-identification from being invoked as defenses to criminal liability.Art. 5
- Requires immediate notification of the competent authorities when minors, persons with disabilities or older adults are involved, so that comprehensive protection measures can be adopted.Art. 6
- Assigns implementation to the listed institutions and the administrative bodies designated by the regulations.Art. 7
- Links the proposal to the Political Constitution of the Republic of Panama and directs the Executive Branch to issue implementing regulations within 90 days of promulgation.Arts. 8-9