Law No. 26 of May 21, 2008, Modifying and Adding Articles to the Penal Code

LAW 26
Of May 21, 2008

Modifying and Adding Articles to the Penal Code

THE NATIONAL ASSEMBLY
ENACTS:

Article 1. Article 28 of the Penal Code is hereby amended as follows:

Article 28. One acts with negligence who commits the legally described act due to non-observance of the objective duty of care incumbent upon them according to the circumstances and personal conditions, or, in the case where it is represented as possible, acts trusting in being able to avoid it.

Article 2. Article 176-A is added to the Penal Code, as follows:

Article 176-A. Whoever, with profit motive, facilitates, instigates, recruits, or organizes in any form the sexual exploitation of persons of either sex shall be sanctioned with imprisonment of four to six years and a fine of one hundred fifty to two hundred days-fine.

The sanction shall be eight to ten years of imprisonment when any of the following circumstances concur:

1. The victim is a minor.

2. The victim is a person with a disability.

3. The victim was in a situation of vulnerability that prevented or inhibited their will.

4. The act was executed by means of deception, force, fraud, abuse of authority, abuse of trust, violence, or any other means of intimidation or coercion of the victim.

5. The perpetrator is a relative of the victim by consanguinity, affinity, or adoption, or their tutor or any person who intervenes in the process of their education, training, and integral development, or in their direction, custody, or guardianship. In this case, the perpetrator shall lose the right to parental authority, guardianship, or custody and shall be disqualified from exercising their functions, if these are linked to the integral development situation of the victim, as appropriate.

6. The perpetrator infects the victim with a sexually transmitted disease.

7. The victim becomes pregnant.

Article 3. Article 196-A is added to the Penal Code, as follows:

Article 196-A. The sanction referred to in the preceding article shall be increased by three to five years if the physical injuries caused result in an incapacity greater than thirty days and not exceeding sixty days.

If such injuries produce any of the effects stated in Article 136 of this Code, the sanction established in the aforementioned article shall be applied for acts of domestic violence.

Article 4. Article 274 of the Penal Code is hereby amended as follows:

Article 274. Whoever causes bankruptcy fraudulently or intentionally, according to the Code of Commerce, shall be sanctioned with imprisonment of five to ten years.

If during the process it is determined that the economic damage caused exceeds one million balboas (B/.1,000,000.00), the sanction shall be six to twelve years of imprisonment.

Article 5. Article 275 of the Penal Code is hereby amended as follows:

Article 275. Whoever causes bankruptcy negligently, in accordance with the Code of Commerce, shall be sanctioned with imprisonment of two to four years.

Article 6. Article 328 of the Penal Code is hereby amended as follows:

Article 328. Whoever possesses a firearm whose corresponding registration number has been erased or altered, or whose original technical characteristics have been modified to increase its lethal power, shall be sanctioned with a penalty of four to seven years of imprisonment.

Article 7. Article 340 of the Penal Code is hereby amended as follows:

Article 340. The public servant who, serving as a member of the Judicial Branch or the Public Ministry, administrative authority, arbitrator, or any position that must decide on a matter within their knowledge or competence, personally or through an intermediary, accepts, receives, or solicits a donation, promise, money, benefit, or advantage to prejudice or favor one of the parties in the process, or as a consequence of having prejudiced or favored one of them, shall be sanctioned with imprisonment of four to eight years.

The same sanction shall be applied to the official of the Judicial Branch or the Public Ministry who:

1. Through collusion or other fraudulent means, issues a resolution manifestly contrary to the Political Constitution or the law, thereby causing damage.
2. Through collusion or other fraudulent means, receives or gives legal advice to any of the parties, thereby causing damage.
3. Maliciously delays a process submitted to their decision.

If the conduct provided for in this article results in the conviction of an innocent person, the sanction shall be five to ten years of imprisonment.

Article 8. Chapter IX, containing Articles 357-A and 357-B, is added to Title X, Crimes Against Public Administration, of the Penal Code, as follows:

Chapter IX
Fraud in Public Contracting Acts

Article 357-A. Whoever is sanctioned with imprisonment of six months to two years or its equivalent in days-fine who:

1. Conspires with another to alter the price in a public contracting act.
2. Solicits or receives payment, pays, or makes a promise of payment to participate or not participate in a public contracting act.
3. Prevents the participation of another proposer or participant through violence, intimidation, or deception.
4. Spreads false or distorted news in any of the public contracting acts to gain profit for themselves or a third party.
5. Conspires with their competitor to fix the price in one or more public contracting acts.

Article 357-B. The public servant who, through their management, favors or prejudices any of the participants in the public acts referred to in the preceding article shall be sanctioned with imprisonment of two to four years or its equivalent in days-fine and with disqualification from exercising public functions for an equal period.

Article 9. This Law modifies Articles 28, 274, 275, 328, and 340 and adds Articles 176-A and 196-A, as well as Chapter IX, containing Articles 357-A and 357-B, to Title X, of the Penal Code, adopted by Law 14 of May 18, 2007.

Article 10. This Law shall enter into force from its promulgation.

LET IT BE COMMUNICATED AND EXECUTED.

Project 415 of 2008 approved in third debate in the Justo Arosemena Palace, city of Panama, on the twentieth day of the month of May of the year two thousand eight.

NATIONAL EXECUTIVE BRANCH. PRESIDENCY OF THE REPUBLIC.

PANAMA, REPUBLIC OF PANAMA, OF MAY 21, 2008.