Draft bill 15.

Summary.

The draft bill amends the rules on serving sentences in the Criminal Code (Código Penal) of the Republic of Panama (República de Panamá). It excludes persons who commit offenses against public administration from the substitute penalties of home confinement and community service. For women convicted of those offenses who are pregnant or have recently given birth, it allows the judge, in light of the circumstances, to order home confinement until the child reaches one year of age; the imposed sentence would then continue to be served. It requires permanent disqualification from public office as an ancillary penalty for persons convicted of intentional offenses against public administration. That disqualification would last for life, and an alternative sentence measure would not suspend enforcement of an ancillary penalty. The bill also excludes these offenses from conditional suspension of sentence enforcement and from the general provision allowing certain sentences to be served at home on grounds of age, pregnancy, serious illness or disability, referring pregnant women and women who have recently given birth to the special rule.

The text revises prison sentences for conduct involving public assets and resources: taking or misappropriating property entrusted to a public servant, appropriating property by taking advantage of another person's mistake, using public assets or official services for purposes unrelated to public service, and applying funds to a different public purpose when that affects the service. It provides for higher penalties in specified circumstances involving the amount taken, resources designated for assistance or social programs, or an intent to obtain a benefit. It also changes the penalty for a public servant who accepts, receives or requests an advantage connected with an official act, whether the act breaches official duties or is performed within them.

For matters requiring an official decision, the draft bill revises the penalty for receiving or requesting an advantage to favor or harm a party. It addresses fraudulent conduct by officials of the Judicial Branch (Órgano Judicial) or the Public Prosecutor's Office (Ministerio Público), including decisions contrary to the Political Constitution (Constitución Política) or the law, legal advice to a party, and deliberate delay of proceedings; it also covers the conviction of an innocent person. It changes the penalty for offering, promising or giving an advantage to a public servant. Further provisions revise penalties for a public servant's unjustified increase in wealth and the involvement of an intermediary, improperly inducing someone to provide money or another benefit, influence peddling, and unlawfully refusing, omitting or delaying an official act. The bill then revises punishable conduct in public procurement, including price fixing, payments tied to participation, preventing another participant from taking part, and spreading false or distorted reports to gain an advantage.

Under Law 63 of 2008 (Ley 63 de 2008), criminal prosecution for offenses against public administration and for fraud and other fraudulent acts against the State would have no limitation period. For the admission of complaints and criminal accusations, the text sets identification and factual description requirements but provides that failure to submit evidence is not a ground for refusing admission. The Full Court of the Supreme Court of Justice (Pleno de la Corte Suprema de Justicia) would issue the admissibility decision within no more than ten days after assignment. The sentence enforcement judge could also, subject to the stated conditions, substitute up to 30% of certain prison sentences with other measures; offenses against public administration and the other listed categories would be excluded. The final provisions identify the amended sections and set commencement on the day of promulgation.

The proposal concerns the Judicial Branch, the Public Prosecutor's Office and the Full Court of the Supreme Court of Justice, as well as public servants, defendants and convicted persons, victims, and participants in public procurement in the Republic of Panama.