PANAMA Law and Practice Contributed by: Inocencio Galindo, Omar Rodriguez, Maria Eugenia Brenes and Joy Paull Torres, Morgan & Morgan
1. Criminal Law 1.1 Criminal Offences There are two categories of punishable behaviour in Panama: • minor offences, known as administrative infrac - tions; and • more serious offences, called crimes. Both administrative infractions and crimes are defined in legal regulations – the former in the Administrative Code and the latter in the Criminal Code. In both types of offences, the intention to commit the criminal act is punished, and in exceptional cases, negligence or fault that results in criminal consequences is also pun - ished. In Panama, it is not necessary for the criminal result to be achieved, as the attempt to commit the In white-collar criminal proceedings, the burden of proof lies with the prosecutor, and, during the course of the investigation and until a verdict declaring guilt is issued, the person under investigation is presumed innocent. The prosecutor must prove that a crime has been committed and must also present evidence that demonstrates that the accused person is guilty of committing it. The current evidentiary standard in Panama is that the commission of the crime must be proven beyond all reasonable doubt. If there is doubt, the defendant must be acquitted. 1.3 Statute of Limitations The general principle in Panama is that the maximum period for investigation of a crime is equivalent to the maximum jail time applicable to it under law. For those offences that are not punishable with imprisonment, the maximum period for investigation is three years. For crimes against the public administration (includ - ing corruption, embezzlement of public funds/prop - erty and abuse of authority), the period is double the maximum term of imprisonment imposed for these crimes. crime is also punished. 1.2 Burden of Proof
1.4 Extraterritorial Reach and Cross-Border Co-Operation In white-collar crimes, Panamanian authorities only have jurisdiction over offences that occur within the national territory. Exceptionally, the Criminal Code provides the possibility for a Panamanian authority to investigate and judge acts committed outside the national territory, such as crimes against humanity, public health and the national economy, among oth - ers. International Instruments and the Application of Criminal Law A series of instruments has been signed between the Republic of Panama and various countries relating to mutual legal assistance, extradition and investigative co-operation. For example, in the Odebrecht case, there is ongoing judicial assistance from Brazil due to international co-operation between Public Prosecu - tor’s Offices. The same applies in the case of FCC , where the court has relied on international assistance to carry out the necessary notifications for proceeding with the case. According to the National Constitution, the Panamani - an government cannot extradite its nationals to other countries, which creates an obstacle to prosecuting white-collar crimes that occur outside Panamanian territory. Foreigners, on the other hand, cannot be extradited for political crimes. Article 20 of Panama’s Criminal Code stipulates that Panamanian criminal law shall also apply to crimes committed abroad when: • they produce or are to produce their effects in Panamanian territory; • they are committed to the detriment of a Panama - nian or their rights; • they are committed by diplomatic agents, officials or Panamanian employees who have not been tried at the place of their commission due to reasons of diplomatic immunity; and • a national authority has denied the extradition of a Panamanian or a foreigner.
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