Summary.
The draft bill proposes new wording for Article 381 of the Criminal Code of the Republic of Panama (Código Penal de la República de Panamá). Article 1 sets a prison term of four (4) to seven (7) years for a person who practices a profession requiring professional qualification, a license, certification or special authorization without having lawfully obtained the applicable requirement. The conduct described involves practicing the profession without the authorization legally required to do so.
The provision allows the penalty to increase by up to one third when the unlawful practice causes serious injuries, affects health or physical or psychological integrity, endangers life, or causes the death of one or more persons. It also provides for an increase when the offender obtains or seeks to obtain an economic benefit for themselves or a third party through that practice. This circumstance covers both obtaining the benefit and seeking to obtain it.
Article 1 also lists the use of documents belonging to another person as a circumstance that increases the penalty. It covers an offense committed by a public servant or through the use of an office, function or position within a public entity. The proposed wording thus addresses the practice of a profession without the legal requirement and identifies additional circumstances under which the prescribed penalty may be increased.
The penalty may also increase when the person responsible advertises, promotes or offers professional services through electronic media, social networks or any other means of communication while appearing to hold the corresponding professional qualification. A further circumstance covers conduct by two or more persons acting in an organized manner or as part of a structure intended for the unlawful practice of professions. The six circumstances are incorporated into the proposed wording of Article 381.
Article 2 again provides for the amendment of Article 381 of the Criminal Code of the Republic of Panama (Código Penal de la república de Panamá). Article 3 states that the proposed law would take effect upon its promulgation. The proposed amendment concerns that article of the Criminal Code, the penalty for practicing a profession without a lawfully obtained requirement, and the circumstances under which that penalty may be increased.
Because of its subject matter, the draft bill relates to public entities in which a person holds or uses an office, function or position, and to public servants covered by one of the circumstances for an increased penalty. It could also concern people who practice professions subject to legal requirements, those who obtain their services, and people affected by the consequences of unlawful professional practice described in the proposal.
What it proposes.
- Practice of professions requiring professional qualification, a license, certification or special authorization.
- Imprisonment for professional practice without a lawfully obtained requirement.
- Circumstances that increase the penalty for that practice.
Who it would affect.
- People who practice a profession without lawfully obtaining its required professional qualification, license, certification or special authorization.
- Public servants covered by a circumstance that increases the penalty.
- People who act in an organized manner in the unlawful practice of professions.
Key points.
- It proposes imprisonment for four (4) to seven (7) years for practicing a profession without lawfully obtaining its required professional qualification, license, certification or special authorization.Art. 1
- It provides for an increase of up to one third if unlawful practice causes serious injuries, affects health or physical or psychological integrity, endangers life, or causes the death of one or more persons.Art. 1
- It includes obtaining or seeking an economic benefit for the offender or a third party as a circumstance that increases the penalty.Art. 1
- It increases the penalty by up to one third when documents belonging to another person are used.Art. 1
- It includes conduct by a public servant or through the use of an office, function or position within a public entity.Art. 1
- It includes advertising, promoting or offering professional services through communications media while appearing to hold the corresponding professional qualification.Art. 1
- It includes organized conduct by two or more persons or conduct forming part of a structure intended for the unlawful practice of professions.Art. 1
- It reiterates the amendment to Article 381 and provides that the proposed law would take effect upon promulgation.Arts. 2-3