Summary.
The bill seeks to prevent, regulate and address aggressive or dangerous human conduct that affects social coexistence, personal integrity or public health. It provides for preventive, psychosocial and administrative measures and for the application of criminal provisions where appropriate. It would apply to anyone whose conduct poses a risk to or harms third parties, regardless of identity, beliefs, cultural expression or self-identification.
The text defines risky aggressive conduct as a voluntary act to which the recipient has not consented and which, by its nature, repetition or seriousness, creates a real, objectively verifiable danger or causes harm to another person's physical or psychological integrity or health. Repetition means at least two (2) incidents of the same nature committed by the same person within twelve (12) months, whether or not they have been reported. A competent authority is an administrative, health or judicial authority empowered by the proposed law and its regulations to verify risky conduct and order the relevant measures. Informed consent means a person's free, prior and unequivocal agreement to take part in a cultural, artistic, play or recreational activity involving simulated physical contact, with knowledge of its nature and scope.
Where risky conduct is identified but serious harm has not occurred, the competent authority may 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, effects on health, epidemiological risk or any other harm to third parties, the bill provides for the application of the relevant provisions of the Criminal Code (Código Penal) of the Republic of Panama (República de Panamá). Identity, beliefs or self-identification could not be invoked as grounds for exemption from criminal liability in those cases. The bill refers those cases to the Code without amending its articles.
Where the regulated conduct involves minors, persons with disabilities or older adults, the competent administrative and judicial authorities must be notified immediately so that they can adopt comprehensive protection measures. Implementation of the proposed law would fall, within their respective areas of competence, to the Ministry of Health (Ministerio de Salud), the Ministry of Social Development (Ministerio de Desarrollo Social), the National Police (Policía Nacional) and the Judicial Branch (Órgano Judicial), together with any other administrative bodies designated by the regulations. The text provides that the law would take effect on the day after its promulgation. Its provisions could be relevant to the health, social, police and judicial institutions named above, to participants in cultural, artistic, play or recreational activities, and to the groups for whom it provides comprehensive protection.
What it proposes.
- Prevention and response to risky aggressive conduct.
- Psychosocial and administrative measures for risky conduct.
- Application of criminal provisions when third parties suffer harm.
- Comprehensive protection of minors, persons with disabilities and older adults.
Who it would affect.
- Anyone whose conduct poses a risk to or harms third parties.
- People subjected to risky aggressive conduct.
- Minors, persons with disabilities and older adults involved in the regulated conduct.
- Competent administrative, health and judicial authorities.
Key points.
- The bill provides for preventive, psychosocial, administrative and, where appropriate, criminal measures to address conduct within its scope.Art. 1
- It would apply to anyone whose conduct poses a risk to or harms third parties, regardless of the characteristics listed in the text.Art. 2
- It defines risky aggressive conduct, repetition, competent authority and informed consent for activities involving simulated physical contact.Art. 3
- For risky conduct that has not caused serious harm, the competent authority may order an assessment, therapeutic follow-up, temporary restrictions, or guidance and reintegration programs.Art. 4
- If the conduct causes the specified harms, the relevant Criminal Code provisions would apply, and identity, beliefs or self-identification could not exempt a person from criminal liability.Art. 5
- If the conduct involves minors, persons with disabilities or older adults, competent authorities must be notified immediately so they can adopt comprehensive protection measures.Art. 6
- The proposed law would be implemented by the Ministry of Health, Ministry of Social Development, National Police, Judicial Branch and other administrative bodies designated by the regulations.Art. 7
- The proposed law would take effect on the day after its promulgation.Art. 8