Draft bill 140.

Summary.

The draft bill proposes to amend the Penal Code on matters concerning public administration in Panama. Its first articles address the appropriation or misappropriation of money, securities, or property entrusted to a public official, including when the official allows another person to take them. They provide for a higher penalty if the value exceeds 100,000 balboas (B/. 100,000.00) or if the property is intended for assistance purposes or social development or support programs. They also penalize an official who takes advantage of another person’s mistake to appropriate national or municipal property, and one who negligently facilitates its loss, use, or appropriation by another person. That other person would also be subject to a penalty.

The text then addresses the use of official property, labor, or services for purposes unrelated to public service, as well as the use of public funds or assets for a different purpose when the assigned function is affected. It increases the penalty for the latter conduct if it is intended to benefit the official or a third party, or if it affects resources intended for assistance purposes or social programs. Regarding corruption, it covers a public official’s solicitation, acceptance, or receipt of gifts, promises, money, or advantages to perform, omit, or delay an official act, whether the official breaches their duties or performs an act within them. It also penalizes anyone who offers, promises, or provides those benefits.

For those who decide matters as members of the Judicial Branch, the Public Prosecutor’s Office, administrative authorities, or arbitrators, the draft bill addresses benefits received to favor or harm a party. It also covers certain fraudulent decisions or advice that cause harm and the malicious delay of proceedings; it provides for a different penalty when an innocent person is convicted. Other provisions address the use of restricted, confidential, or access-controlled information and corrupt conduct involving officials of another state or officials of public international organizations.

Unjustified enrichment is defined by an increase in assets that a public official cannot justify while in office and for up to 5 years after leaving office. It includes the payment of debts and discharge of obligations, as well as increases in property holdings; it also extends to an intermediary. The text penalizes inducing someone to provide or promise money or another benefit, collecting nonexistent taxes or fees, and using unauthorized means to collect a lawful charge. It also addresses the solicitation or receipt of benefits through real or purported influence over a public or foreign official, with a specific penalty for a hierarchical superior.

The following provisions concern an arbitrary act committed through abuse of office and the unlawful omission or delay of official acts. They cover a Public Force officer who, without justification, fails to provide assistance requested by a competent authority or by a person in danger, and a public official who seeks the officer’s support to obstruct lawful orders or directives. They also criminalize abandonment of office that harms public administration, usurpation of public functions, and acts of violence, intimidation, or deception that obstruct the exercise of public functions.

The final provisions address agreements to manipulate prices or restrict participation in public procurement proceedings, the dissemination of false or distorted reports for gain, and a public official’s favoritism toward or prejudice against participants. The proposed law would take effect the day after its promulgation in the Official Gazette. By its subject matter, it concerns the Judicial Branch, the Public Prosecutor’s Office, and the Public Force, as well as public officials, participants in public procurement, and people involved in administrative or judicial proceedings.