Law of Panama
Encyclopedia
The law of Panama
is based on civil law
with influences from Spanish legal tradition
and Roman law
. For the first several years of its existence, Panamian law depended on the legal code
inherited from Colombia
. The first Panamanian codes, promulgated in 1917, were patterned on those of Colombia and other Latin American states that had earlier broken away from the Spanish Empire
; therefore, Panama's legal heritage incorporated elements from Spain and its colonies. Nevertheless, several features of Anglo-American law
have also been accepted in Panama. Habeas corpus
, a feature of Anglo-American legal procedure that is not found in many Latin American codes, has been constitutionally guaranteed in Panama. Judicial precedent, another Anglo-American practice, has also made some headway; however, judge
s and magistrate
s usually have had little leeway in matters of procedure, delays, and degrees of guilt.
has defended the interest of the state; fostered the enforcement and execution of laws, judicial decisions, and administrative orders; supervised the official conduct and the performance of duty of public officials; prosecuted offenses of constitutional or legal provisions; and served as legal adviser to administrative officials. The functions of the Public Ministry are fulfilled by the attorney general
of the republic, the solicitor general
, the district attorney
s, and the municipal attorneys. There are two alternates for each official of the ministry; all are appointive positions. The attorney general, the solicitor general, and their alternates are executive appointees; district attorneys and municipal attorneys are appointed by their immediate superiors in the judicial system. They in turn appoint subordinate personnel in their own offices.
, and Article 22 provides for habeas corpus
. Article 29 prohibits the death penalty. Article 42 provides that "In criminal matters, a law favorable to the accused always has priority and retroactivity, even though the judgement may have become final." Article 163 gives the president power to grant pardon
s for political offenses, to reduce sentences
, and to grant parole
. Article 187 states that a person convicted of an offense against public order may not hold any judicial office in the future. Article 197 establishes trial by jury.
s is also described, stating that arrests may result from response to complaints made to the police or from direct action on the part of police or DENI agents at the scene of the crime or disturbance. The validity of citizen's arrest is recognized: "An offender surprised flagrante delicto may be apprehended by any person and must be delivered immediately to the authorities." No person may be held for more than twenty-four hours by the police without being brought before competent authority. The Constitution forbids arrest or detention for violation of purely civil obligations or for debts.
During the course of an investigation, the accused and all witnesses are questioned, the latter under oath. The Constitution guarantees that no accused person may be forced to incriminate himself or herself
, and the authorities are forbidden to force testimony from any close relative, whether related by blood or marriage, that is, "within the fourth degree of consanguinity or the second degree of affinity." Investigators may enter a person's home only with consent or a written order (search warrant
) from a competent authority or to assist victims of crime or natural disaster. In general, all testimony must be presented in written form and be signed by investigators, accused, and witnesses. If a case warrants prosecution, it is referred to the appropriate court. Although bail
is permissible in some cases, it is a privilege subject to many restrictions and may be denied at the request of the prosecutor if a judge concurrs.
. Spadafora was a former senior government official, who had criticized the role of the Defense Forces in politics and the alleged role of Noriega
in drug trafficking. Spadafora's headless body was found in Costa Rica
near the border of Panama in September 1985 after reports that he had been taken into custody by members of the Defense Forces. There also were allegations that Dr. Mauro Zúñiga, head of an opposition group called the National Civilian Coordinating Committee (Coordinador Civilista Nacional--COCINA), was abducted and beaten.
Although the Constitution provides for habeas corpus and the prompt and uninterrupted administration of justice, several incidents suggested that these principles were sometimes violated. It should also be noted that various articles of the Constitution guaranteeing basic rights were suspended during the temporary state of emergency declared in 1987. Moreover, the government responded with excessive brutality to popular marches and demonstrations in Panama in mid-1987. According to a December 1987 United States Senate staff report on Panama, over 1,500 persons were arrested between June and September 1987. Credible evidence suggests that many of them were subjected to cruel and inhuman treatment while in jail.
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
is based on civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
with influences from Spanish legal tradition
Law of Spain
The Law of Spain is the term used to describe the legislation which is in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in international waters. It is also applicable to the Spanish armed...
and Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. For the first several years of its existence, Panamian law depended on the legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
inherited from Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
. The first Panamanian codes, promulgated in 1917, were patterned on those of Colombia and other Latin American states that had earlier broken away from the Spanish Empire
Spanish Empire
The Spanish Empire comprised territories and colonies administered directly by Spain in Europe, in America, Africa, Asia and Oceania. It originated during the Age of Exploration and was therefore one of the first global empires. At the time of Habsburgs, Spain reached the peak of its world power....
; therefore, Panama's legal heritage incorporated elements from Spain and its colonies. Nevertheless, several features of Anglo-American law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
have also been accepted in Panama. Habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, a feature of Anglo-American legal procedure that is not found in many Latin American codes, has been constitutionally guaranteed in Panama. Judicial precedent, another Anglo-American practice, has also made some headway; however, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s usually have had little leeway in matters of procedure, delays, and degrees of guilt.
The Public Ministry
The Public Ministry provided for in the ConstitutionConstitution of Panama
Panama is governed under the Constitution of Panama of 1972 as amended in 1978, 1983, 1993, 1994, and 2004. This is Panama's fourth constitution, previous constitutions having been adopted in 1904, 1941, and 1946...
has defended the interest of the state; fostered the enforcement and execution of laws, judicial decisions, and administrative orders; supervised the official conduct and the performance of duty of public officials; prosecuted offenses of constitutional or legal provisions; and served as legal adviser to administrative officials. The functions of the Public Ministry are fulfilled by the attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of the republic, the solicitor general
Solicitor General
The term Solicitor General or Solicitor-General may refer to:*Michigan Solicitor General, the top appellate advocate for the State of Michigan...
, the district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
s, and the municipal attorneys. There are two alternates for each official of the ministry; all are appointive positions. The attorney general, the solicitor general, and their alternates are executive appointees; district attorneys and municipal attorneys are appointed by their immediate superiors in the judicial system. They in turn appoint subordinate personnel in their own offices.
Specific articles
In addition to the stipulations of "free, prompt, and uninterrupted" administration of justice and the establishment of the Public Ministry, the Constitution has several other statements about the application of laws, the treatment of citizens under the law, and the handling of prisoners. Article 21 guarantees freedom from arbitrary arrestArbitrary arrest and detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law...
, and Article 22 provides for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Article 29 prohibits the death penalty. Article 42 provides that "In criminal matters, a law favorable to the accused always has priority and retroactivity, even though the judgement may have become final." Article 163 gives the president power to grant pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s for political offenses, to reduce sentences
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
, and to grant parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
. Article 187 states that a person convicted of an offense against public order may not hold any judicial office in the future. Article 197 establishes trial by jury.
Rights and duties of citizens
Under a section of the Constitution headed "Individual and Social Rights and Duties," private citizens are assured that they can be prosecuted by government authorities only for violations of the Constitution or the law. The procedure for arrestArrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s is also described, stating that arrests may result from response to complaints made to the police or from direct action on the part of police or DENI agents at the scene of the crime or disturbance. The validity of citizen's arrest is recognized: "An offender surprised flagrante delicto may be apprehended by any person and must be delivered immediately to the authorities." No person may be held for more than twenty-four hours by the police without being brought before competent authority. The Constitution forbids arrest or detention for violation of purely civil obligations or for debts.
During the course of an investigation, the accused and all witnesses are questioned, the latter under oath. The Constitution guarantees that no accused person may be forced to incriminate himself or herself
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
, and the authorities are forbidden to force testimony from any close relative, whether related by blood or marriage, that is, "within the fourth degree of consanguinity or the second degree of affinity." Investigators may enter a person's home only with consent or a written order (search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
) from a competent authority or to assist victims of crime or natural disaster. In general, all testimony must be presented in written form and be signed by investigators, accused, and witnesses. If a case warrants prosecution, it is referred to the appropriate court. Although bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
is permissible in some cases, it is a privilege subject to many restrictions and may be denied at the request of the prosecutor if a judge concurrs.
Alleged violations
As of the 1980s, there was considerable evidence that many of these constitutional provisions were not realized in the daily lives of Panamanian citizens in the late 1980s. The most striking example was the case of Dr. Hugo SpadaforaHugo Spadafora
Hugo Spadafora Franco was a Italian and Panamanian doctor and guerrilla fighter in Guinea-Bissau and Nicaragua. He criticized the military in Panama, which led to his murder in 1985....
. Spadafora was a former senior government official, who had criticized the role of the Defense Forces in politics and the alleged role of Noriega
Manuel Noriega
Manuel Antonio Noriega Moreno is a Panamanian politician and soldier. He was military dictator of Panama from 1983 to 1989.The 1989 invasion of Panama by the United States removed him from power; he was captured, detained as a prisoner of war, and flown to the United States. Noriega was tried on...
in drug trafficking. Spadafora's headless body was found in Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
near the border of Panama in September 1985 after reports that he had been taken into custody by members of the Defense Forces. There also were allegations that Dr. Mauro Zúñiga, head of an opposition group called the National Civilian Coordinating Committee (Coordinador Civilista Nacional--COCINA), was abducted and beaten.
Although the Constitution provides for habeas corpus and the prompt and uninterrupted administration of justice, several incidents suggested that these principles were sometimes violated. It should also be noted that various articles of the Constitution guaranteeing basic rights were suspended during the temporary state of emergency declared in 1987. Moreover, the government responded with excessive brutality to popular marches and demonstrations in Panama in mid-1987. According to a December 1987 United States Senate staff report on Panama, over 1,500 persons were arrested between June and September 1987. Credible evidence suggests that many of them were subjected to cruel and inhuman treatment while in jail.
See also
- Abortion in PanamaAbortion in PanamaPanama is located in Central America with a population of 2.69 million people. The breakdown is seventy percent Mestizo , fourteen percent West Indian, ten percent Criollo, or Caucasian, and six percent Indigenous...
- Constitution of PanamaConstitution of PanamaPanama is governed under the Constitution of Panama of 1972 as amended in 1978, 1983, 1993, 1994, and 2004. This is Panama's fourth constitution, previous constitutions having been adopted in 1904, 1941, and 1946...
- Intellectual property law in PanamaIntellectual property law in Panama-Copyright law:The National Assembly in 1994 passed a comprehensive copyright bill , based on a World Intellectual Property Organization model. The law modernizes copyright protection in Panama, provides for payment of royalties, facilitates the prosecution of copyright violators, protects computer...
- Law enforcement in PanamaLaw enforcement in PanamaPanama abolished its army in 1990, confirmed by a unanimous vote by the National Assembly of Panama for constitutional change in 1994. Some units within the Public Force have limited warfare capabilities....
- Penal system of PanamaPenal system of PanamaArticle 27 of the Panamanian constitution declares that the prison system of Panama is based on the principles of security, rehabilitation, and the protection of society. Provisions have been made to establish training programs designed to teach skills and trades that will afford prisoners the...