PANAMA Law and Practice Contributed by: Inocencio Galindo, Omar Rodriguez, Maria Eugenia Brenes and Joy Paull Torres, Morgan & Morgan
5. Key Trends and Future Outlook 5.1 The Year Ahead There is much discussion about the forfeiture of prop - erty as a method of confiscating property without con - viction and even from non-investigated third parties; this project is currently shelved in the Assembly. A project on the criminal liability of the legal person was also initiated but has not passed the first debates. Currently, there are attempts to bring a General Anti- Corruption Law up for discussion, which does not benefit the defence at all but rather the prosecutor, in order to “strengthen” their position. This has been met with opposition from many sectors.
actions can begin anonymously and even by reports from the financial analysis unit or another entity with - out one’s knowledge that this internal or administra - tive investigation would lead to a criminal case. 4.5 Cross-Border Defence Strategies The defence is affected due to the complexity of cas - es, and even more so when the evidentiary flow there - of depends on another jurisdiction, since it does not have the force or the recourse of the punitive power of the State (Public Prosecutor’s Office). There are no limits to international support nor to a co- ordinated defence mechanism; however, in high-pro - file cases with multiple defenders, these join forces in attacking violated forensic experts or procedural pro - tocols, which sometimes benefits the co-investigated.
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