Summary.
The draft bill makes it an offense to agree in advance to transfer or deliver money, or make payments in kind received as salary, to a third party as a condition for obtaining and retaining a government appointment, contract, or designation. Its objectives include preventing and penalizing requests, demands, receipt, or agreements for the full or partial return of salaries, fees, and other remuneration paid from public funds. It also addresses intermediaries and public servants who, knowing the conduct is unlawful, participate in delivering, receiving, collecting, transferring, or concealing the money, and refers to protecting state assets and the exercise of public functions.
Article 3 provides for the addition of an article to the Consolidated Text of the Penal Code concerning the return of public remuneration. It would impose 4 to 8 years’ imprisonment and disqualification from public office for 5 to 10 years on a public servant who abuses their position, rank, or powers relating to appointments or contracts to request, demand, receive, agree to, deliver, or appropriate, for themselves or a third party, the full or partial return of salaries or other remuneration from public funds. The same penalty would apply to a person who, knowing the origin of the funds, acts as an intermediary, collector, custodian, distributor, or beneficiary.
The proposed penalty would increase to 6 to 10 years’ imprisonment and disqualification for 8 to 12 years if threats, coercion, workplace retaliation, or other undue pressure are involved; if the act is carried out through another person; if the amount exceeds 50,000 balboas (B/.50,000.00); if the funds are intended for social programs, health, education, or public security; or if the offender holds one of the listed public offices, including elected offices and others with command and jurisdiction.
Article 4 adds a provision on restitution and forfeiture for the offenses set out in Articles 348-A and 348-B: the court would order the return to the State, as applicable, of sums improperly obtained. That measure would operate alongside the forfeiture of property, money, securities, or instruments used in or derived from the offense, as well as other civil, administrative, financial, or disciplinary liabilities.
Article 5 amends Article 351 of the Penal Code on unjustified enrichment. It retains a penalty of 3 to 6 years’ imprisonment for increases in assets whose lawful origin cannot be justified during the person’s term in office and for up to 5 years after leaving office, and provides for 6 to 12 years when the amount obtained exceeds 100,000 balboas (B/.100,000.00). It extends the penalty to a person acting on another’s behalf, covers the repayment of debts or discharge of obligations, and includes the improper withholding, demand, or receipt of part of a salary by an authority or public servant. Article 6 sets out the addition of Articles 348-A, 348-B, and 348-C and the amendment of Article 351; Article 7 provides that the law would enter into force on the day after its promulgation.
The text concerns the Republic of Panama (República de Panamá), the courts, the State, and its public servants. Its provisions may be relevant to people appointed or contracted with public funds and to sectors connected with social programs, health, education, and public security.
What it proposes.
- Return of remuneration paid from public funds.
- Criminal liability of public servants and intermediaries.
- Restitution, forfeiture, and unjustified enrichment.
Who it would affect.
- Public servants and authorities.
- Intermediaries and recipients of returned sums.
- People appointed or contracted by the State.
Key points.
- Makes it an offense to agree in advance to deliver to a third party money or payments in kind received as salary in exchange for obtaining and retaining a government position.Art. 1
- Sets objectives for preventing and penalizing the return of public remuneration and the participation of intermediaries and public servants.Art. 2
- Proposes imprisonment and disqualification from public office for a public servant who abuses their position to obtain the return of remuneration, and applies the same penalty to certain intermediaries and beneficiaries.Art. 3
- Increases the penalties based on undue pressure, acting through another person, the amount involved, the intended use of the funds, or the offender’s office.Art. 3
- Requires the return to the State of sums improperly obtained and provides for forfeiture and other liabilities.Art. 4
- Amends the offense of unjustified enrichment to cover discharged debts and the improper withholding, demand, or receipt of part of a salary.Art. 5
- Sets out the additions and amendment to the Penal Code and provides that the law would enter into force on the day after its promulgation.Arts. 6-7