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LEGISLATIVE BRANCH
RULING NO. 101
(AUGUST 29, 1994)
THE BOARD OF THE LEGISLATIVE BRANCH
CONSIDERING:
That under [transitory] Article 42 of Law No. 13 of July 27,
1994: "by which some articles of Law No. 23 of December 30; 1986
are amended, modified, and added", was approved that the mandates
not amended as well as the new mandates contained under Law No. 23
of December 30, 1986, be ordained in a systematic manner as a
single text;
That same [transitory] Article 42 of Law No. 13 of July 27, 1994
establishes that the new publication of Law No. 23 of December 30,
1994 shall have its articles numbered in sequential increasing
order, and also said Law shall be published as a single text in the
Panamanian Official Gazette;
That the Legislative Branch's Reviewing Committee and Styling
Correction has written the new edition of Law No. 23 of December
30, 1986;
DECIDED:
1. To adopt the single text of Law No. 23 of December 30,
1986.
2. To order the publication of the single text in the Official
Gazette along with this Ruling.
LEGAL BASIS: Article 42 [transitory] of Law No. 13 of
July 27, 1994.
Given in Panama City on the 29th of August, 1994.
LEGISLATIVE BRANCH PRESIDENT
ARTURO VALLARINO
SECRETARY GENERAL
RUBEN AROSEMENA VALDES
LEGISLATIVE BRANCH
SINGLE TEXT
(August 29, 1994)
CONTAINING LAW NO. 23 OF DECEMBER 1986
WHEREBY SOME ARTICLES FROM THE CRIMINAL AND JUDICIAL CODES ARE
AMENDED, AND OTHER SPECIAL MANDATES ARE ADOPTED ON DRUG-RELATED
CRIMES, DRUG PREVENTION AND REHABILITATION"
AND
LAW 13 OF JULY 27, 1994
WHEREBY SOME ARTICLES OF LAW NO. 23 OF DECEMBER 30, 1986 ARE
AMENDED, MODIFIED, AND ADDED", AS RULED BY THE LEGISLATIVE
BRANCH.
THE LEGISLATIVE BRANCH
DECREES:
When two or more persons associate with the intent to commit
trafficking or illegal drugs, psychotropic substances, or
drug-related crimes, each one of these persons will be punished,
for that sole act, to a prison term or 5 to 8 years.
This sanction will be increased from one third to one half of
the total sentence, to the instigators, chiefs, or managers of said
illicit association.
Criminal Code; Article 255 shall read:
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Anyone getting drugs into the national territory, even if in
transit through Panama, or takes out or attempts to take drugs out
of the territory bound in transit or as trafficking to other
countries, will be punished to a prison term of 8 to 15 years.
If the person brings drugs for sell or for local consumption
within the Panamanian territory, the sanction will be increased
from one third to the half of the total sentence.
When it is determined, beyond any reasonable doubt, due to the
small amount and other mitigating circumstances that
drug-possession was for personal use, the sanction will be with 1
to 3 years in prison and with 200 to 365 days-fine.
Criminal Code, Article 256 shall read:
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For criminal law, drug is defined as any substance that causes
physical o psychological dependency, such as narcotic drugs,
prescription drugs, psychotropic drugs, and all precursors and
essential chemicals used in manufacturing, converting, or preparing
narcotic drugs, as established by legal dispositions, treaties, and
agreements on health in force in the Republic of Panama.
Criminal Code, Article 257 shall read:
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Any person incurring in the following activities will be
penalized with 5 to 10 years in prison:
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1. Planting, harvesting, or storing seeds of plants used to
produced cocaine and its derives; opium and its derives, or
marijuana. Also, planting, harvesting, or storing seeds of any
other plant that causes physical o psychological dependency.
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2. Extracting, converting, or manufacturing illegal drugs..
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3. Storing or financing plantations destined to produce illegal
drugs.
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4. Possessing, manufacturing, or
transporting precursors, chemicals, machinery, or elements used to
produce and convert illegal drugs.
If the above-mentioned activities are conducted by doctors,
pharmacists, laboratory assistant, chemists, agronomists, or by a
professional related to the field, the stipulated sanction in this
article will be increased from one-third to a half of the total
sanction, along with the suspension of the practicing license for a
term of 8 years.
Criminal Code, Article 258 shall read:
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Anyone buying, selling, or transferring drugs will be penalized
with 5 to 10 years in prison. This sanction will be doubled under
the following circumstances:
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1. When to commit the crime, a minor child or a person with
mental disorders, are used.
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2. When illegal transactions are conducted within or surrounding
areas of educational institutions, sport or cultural installations,
jails, or places where public performances are carried out.
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3. When the crime is committed by
individuals working both in private and government schools.
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4. When violence or fire arms are used.
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5. When using the position as a public servant.
Criminal Code, Article 260 shall read:
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Any person possessing illegal drugs will be penalized to a
prison term of 1 to 3 years and with 50 to 250 days-fine.
When the amount of drugs is such that, according to the Court,
it is proved to be for sell or, to be transferred for illegal
consumption, the sanction will be from 5 to 10 years
imprisonment.
Criminal Code, Article 261 shall read:
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The Panamanian Criminal Law will be applied to the cases in
Articles 255, 257, 258, 260, 262, and 263B of this Code, if
committed abroad and, if the activities or transactions with
drug-related proceeds were conducted from within Panamanian
territory in order to be consummated abroad.
Criminal Code, Article 262 shall read:
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Any person designating personal or real property to manufacture,
store, convert, distribute, sell, use or transport drugs, will be
penalized with a prison term of 5 to 10 years and with 250 to 365
days-fine.
Same sanction will apply to the owner, leaseholder, manager, or
holder of any title of a real estate property, or business
establishment used or given to another person, knowingly that said
individual will use it to consume, manufacture, store, or
distribute illegal drugs. When businesses or facilities for public
entertainment are involved, they will be permanently closed once it
has been demonstrated that the owners or managers used said places
to commit the illegal activities stated in the first paragraph of
this article.
Same sanction will be imposed once it has been determined that
said places have been used many times to commit the crimes
stipulated by this law, although the owners or managers have not
participated in the commission of said crimes.
Criminal Code, Article 263 shall read:
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All instruments, assets, and securities along with the proceeds
employed in the commission of the crimes referred to in this
current Law, shall be confiscated.
Article 263B added to the Criminal Code, shall read:
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Any person, although not participating in the commission of
crimes described by this Law, but conceals, contempt or obstructs
the findings on the true source, location, destination, and
ownership of assets or rights pertaining to them; or helps to
secure the profit from illegal drug-trafficking, will be penalized
with a prison term of 5 to 8 years and with 250 to 365
days-fine.
Article 263B added to the Criminal Code, shall read:
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Any person, although not participating in the commission of
crimes described by this Law, but knowingly conducts transactions,
by himself or by means of a third party (individual person or
corporation) in banks, financial institutions, businesses, or any
other type of establishment, with money, titles, securities, or
with any other financial source from illegal activities stated in
Articles 255, 257, 258, 259, 260, and 262 of this Code, will be
sanctioned with a prison term of 5 to 10 years.
The above-stated will also apply although the action for
obtaining money, titles, securities or other assets or financial
resources, has been conducted outside Panama.
Article 263C added to the Criminal Code, shall read:
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Any person that by himself or by means of a third party
(individual person or corporation) provides false information to
banks, financial institutions, businesses, or any other type of
establishment, in order to open accounts or conduct drug-money
transactions, in species or its equivalent, will be penalized with
a prison term of 5 to 8 years.
Article 263CH added to the Criminal Code, shall read:
Any person that knowingly uses his position, employment,
occupation or profession to authorize or to allow the commission of
criminal activities described in the Criminal Code, Articles 263B
and 263C, will be charged with aiding and abetting and punished to
a prison term of 2 to 5 years.
Article 263D added to the Criminal Code, shall read:
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Pertaining to the Criminal Code, Articles 263B and 263C, the
word transactions shall be construed as all transactions conducted
in or from the Republic of Panama, such as deposits, purchase of
cashier's checks, drafts, certificates of deposit, travellers'
checks, or any other title or security, money transfers and money
orders, buy and sell of foreign exchange, stocks, bonds, and any
other title or security on the client's account, provided that the
amount of such transactions is received in the Republic of Panama
in cash money or in its equivalent in species or titles.
Article 263E added to the Criminal Code, shall read:
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Any person who knowingly uses money or any other economic
resource from drug trafficking to finance political or any other
type of campaign, will be sanctioned to a prison term of 5 to 8
years, and will be barred from holding public office, for a term
equal to the sentence, after completing imprisonment.
Article 263F added to the Criminal Code, shall read:
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If any person possessing drugs suffers of physical or
psychological dependency, and the amount of possessed drugs is
small enough to prove that are for personal consumption, only
preventive measures will be applied.
Small amount shall be construed as the amount for personal
consumption, the posological amount limited to one dose that will
be stipulated by the coroner from the Public Ministry.
Article 263G added to the Criminal Code, shall read:
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The public servant that, while in charge of investigating,
judging, or placing under custody individuals related to crimes
typified under this Law, conceals, alters, takes away or destroys
exhibits, evidence, or instruments to the crime or, procures the
escaping of the detained, arrested, or sentenced individual, will
be penalized to a prison term of 3 to 6 years and barred from
holding public jobs up to 20 years.
All nationals and aliens under Panamanian jurisdiction shall
enjoy the procedural guarantees as established in the National
Constitution, local laws, international treaties and conventions
where the Republic of Panama is a party.
Article 2099A added to the Judicial Code, shall read:
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Defendant's presumption of innocence shall be' preserved,
therefore his name and other particulars that may relate him to the
investigated crime, shall be withhold until the Court finds him
guilty. Not compelling with this disposition will constitute
slander.
Exception to the above Article are the cases of highly dangerous
reputed common criminals whose search and location through the mass
media is authorized by the Public Ministry.
Judicial Code, Article 2212 as passed under Law 18 of August 8,
1986, shall read:
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In crimes against property and embezzlement of public funds, the
release bond will be equal to the double of the total amount of
damages or misappropriated values.
No release bond will be granted in crimes such as embezzlement
over ten thousand dollars, armed robbery, larceny, drug
trafficking, cultivation, manufacturing, inducement to cultivate,
possess, sell, or transfer of drugs.
Exception to the above is possession marijuana, where release
bond will not be less than five hundred ($500.00) dollars. There
will be no release bond for repeat offender.
Judicial Code, Article 2112A, as passed by Law 18 of August 8,
1986, shall read:
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The process of deportation, repatriation, or expulsion of an
alien accused of committing a felony in Panama, will not take place
until said individual alien has been tried and, if found guilty, to
serve the time according to the sentence.
There will be no release bond for drug-related crimes. However,
release bond will be granted to individuals arrested for drug
possession if the amount of said drug is small and can be proved
that it was for personal consumption.
When action is taken on drug-related crimes, the conditions of
release will be executed by the competent court, with the exception
of Article 2147(e) of the Judicial Code. These conditions of
released will be forwarded, for consultation, to the immediate
superior court.
The investigation of any crime conducted by members of the
Public Ministry or Judicial Branch, and the resulting information
of existing evidence or circumstantial evidence linking the suspect
to the crime and the property under investigation, obtained
according to the legal proceedings presently in force, shall be
kept secret.
This secrecy will be maintained until the information
corroborates the commission of the investigated crime. Only then,
said information will be incorporated to the file. If the
information does not corroborate the crime, it will be returned to
the institution where it came from. No copy of said information
will be saved.
The Public Ministry will conduct undercover operations while
investigating a crime, in order to identify authors, accomplices,
or to clarify facts related to the crimes described in this
Law.
When there exists circumstantial evidence on the commission of a
serious crime, the Attorney General shall authorize the use of
video-recorders, or the recording of all conversation and telephone
communication of those involved in the commission of the crime,
subject to Article 29 of the National Constitution.
The transcriptions of the recordings will he in a written record
only incorporating the information pertaining to the case under
investigation. Said transcription will be certified by the person
in charge of the proceeding and by his immediate superior.
The Attorney General will authorize and supervise controlled
delivery of illegal drugs, precursors, chemicals, and drug-money,
allowing them to enter, transit, circulate or leave the country in
order to identify the individuals involved in crimes described in
this Law.
When there will be an international controlled delivery, the
interested State shall previously communicate the entering of the
illegal cargo and shall inform on all actions taken by them
pertaining to merchandize subject to controlled delivery.
When an international controlled delivery has been completed,
the Public Ministry or the Court knowing the case shall request,
through diplomatic channels, all documents and other evidence
related to this proceeding in order to use them as evidence against
the individuals linked to the crime.
The person accused of, or charged with any of the offenses
prescribed in the present Law, shall be entitled to a two thirds
reduction of the penalty, in the event that true information shall
be provided by said individual and can prove the participation of
perpetrators, accomplices, accessories, or instigators to the
investigated crime or to any other crime typified in this Law. Same
reduction will apply when the supplied information leads to the
seizure of large amounts of money, illegal drugs, precursors,
chemicals, and instruments used to convert or manufacture
drugs.
When the information contains aggravating circumstances against
the defendant, or includes the commission of other crimes, it will
be recorded, but will not be taken into consideration neither as
aggravating circumstances nor to press additional charges.
In order to protect the physical integrity of the defendant or
indicted that had provided the information, the judge, upon request
from the government attorney or the defense counsel, could
authorize any of the following measures:
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1. Place the defendant outside the corresponding correctional
facility.
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2. Place the defendant outside the corresponding correctional
facility under protective custody by member of the Judicial
Technical Police or National Police.
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3. Replace preventive detention with any other conditions of
release established in the Judicial Code, Article 2147B.
The instruments, monies, securities, and other assets used to
commit drug-related crimes along with the proceeds from said crime,
will be temporarily seized by the prosecutor, placing them out of
trading, and turning them over to the Special District Attorney
Office for Drug-Related Crimes, until the case is tried and ruled
by the competent jurisdictional court. When it is deemed
appropriate, the warrant for temporarily seizure will be recorded
at the Public Registry Office.
When the temporarily seizure is issued against motor vehicles or
business establishments owned by third parties not related to the
crime, the competent court, previous legal opinion from the
prosecutor, will grant the owner the provisional tenancy and
management of the seized assets until the case is decided in
court.
Anyone authorized to provisionally possess or manage real or
personal property, is compelled to fulfill all compromises as a
good father would do it, and will only answer for the physical
deterioration or damages caused by his fault or negligence.
The money, securities, and other assets referred to in Article
29, while under temporarily seizure, will remain in the bank or in
the Loan and Savings Association where originally deposited.
However, if the aforementioned values are not deposited in a bank
or in a Loan and Savings Association, said assets will be deposited
in a Custody Account set by the Attorney General Office at Banco
Nacional de Panama.
When the monies, securities, and assets referred to in this
Article, are deposited in a bank or in a Loan and Savings
Association as a guarantee to a credit in said institution, the
creditor will collect the credit, even if the payments are not
late, with the exception when acting in bad faith, once the
prosecutor orders the temporarily seizure. If this is the case, all
assets obtained by the defendant as a result of the transaction
originating the collection of the credit, will be considered
derived from the crime under investigation
After the credit has been paid, remaining values, if any, will
be placed under the custody of the Attorney General Office, and
deposited in the Custody Account.
When there are other assets different than money or securities,
the bank or the creditor will call for delinquent debt and request
a public auction of said assets in order to collect the credit. The
remaining, if any, will be placed under the custody of the Special
District Attorney Office for Drug-Related Crimes.
Both, the action to recover property and petitions to release
provisionally seized instruments and other assets by the Special
District Attorney Office for Drug-Related Crimes, will be decided
by the competent Court that may grant, previous legal opinion
rendered by the prosecutor, the provisional possession or
management of said assets.
The defendant accused of drug-trafficking and related crimes
will have to prove that the provisionally seized assets are derived
from legal activities and that they are not the result of a crime,
nor they have been used for the execution of the crime.
The investigations on crimes listed in the Criminal Code,
Article 261, can be also initiated by joint cooperation, or by a
request from the State where the crimes have been committed.
For the purpose of formalities, the evidence received from a
foreign State will be ruled by the law of the State where obtained;
and, for the purposes of probative value, the evidence will be
ruled according to the procedural law in effect in the Republic of
Panama, with the exception as established in treaties ratified by
the Republic of Panama, pertaining to this subject.
The Panamanian courts of law will have jurisdiction on crimes
stipulated by this Special Law, even if the crime has been
committed outside the Panamanian territory, but only if the result
of said crime or any component to the crime has been carried out in
the national territory and, if said crime causes partial or total
effects in Panama and, in all other cases where Penal Code, Article
9 applies.
The judge knowing the case will instruct, through a judicial
order, that all assets, instruments, funds, or securities used in,
or derived from any of the crimes described in this Law, that said
assets be turned over to the National Commission for the Study and
Prevention of Drug-Related Crimes (CONAPRED), once they have been
judicially confiscated.
The confiscated money or the money obtained from the proceeds of
a public auction will be deposited in a fund to be used in
drug-prevention, rehabilitation, and repression against
drug-related crimes. This fund will be handled in accordance to the
proceedings and management established by the Comptroller General
of Panama.
The Commission for the Study and Prevention of Drug-Related
Crimes (CONAPRED), will submit an annual financial report detailing
the disposition of said funds.
When precursors and chemicals used to manufacture or convert
illegal drugs are seized, a report will be prepared by an expert
from the Judicial Technical Police, University of Panama, and from
the Ministry of Health. The report will state the amount, quality,
and the use given to said substances. The report will be signed by
each participating expert.
Once the report is completed, all precursors and chemicals will
be turned over to the Commission for the Study and Prevention of
Drug-Related Crimes (CONAPRED), and this organization will donate
them to public institutions in charge of conducting scientific
investigations, in accordance to their needs.
The public institution receiving the donation will have to
submit a periodical and detailed report explaining how they are
using the substances. CONAPRED will, at its own discretion, conduct
the necessary and direct inspections of the chemicals in the public
institution.
The seized illegal drug will be destroyed in public act within a
period of time not greater than one (1) month, in public act
previously announced indicating the date and time, in which will be
present a laboratory assistant from the Public Ministry, a health
inspector from the Ministry of Health, and a laboratory assistant
from the University of Panama that will determine the most adequate
means to destroy the drug without affecting the ecological balance
and public health.
Before carrying out said destruction, the aforementioned public
officers will certify in the corresponding document, immediately
signed by them, the amount, type or quality, and purity of the drug
to be destroyed. The original copy of the Act will be kept by the
Public Ministry, and authenticated copies will be delivered to the
head of the offices where the subscribers thereto are assigned.
When marijuana, coca, opium poppy, and other plantations used to
manufacture substances that may cause dependency or addiction, will
be destroyed, the following steps are taken:
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1. The experts will determine the type and variety of the
plants.
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2. The cultivated plot will be identified as well as its
boundaries, total area, and the total amount of plants.
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3. The land's owner general description or the tenant's, will be
recorded along with the general description of all individuals
found in the site or the seizure.
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4. Samples of the plants will be taken for its analysis.
Any and all gathered information that is relevant for the
investigation, will be registered in a written record that will be
signed by all the public officers that participated, and also by
the owner, tenant, manager, or by whomever was present in the site
at the time of the seizure conducted by the Public Ministry's
agent.
Once the written record is signed, the plantation will be
destroyed according to the most adequate scientific mechanisms in
order to preserve the ecological balance and the public health.
Public Agents who participate in destroying drugs or
drug-plantations referred to in previous articles and, that certify
the amount, type quality or purity of the destroyed drug or
drug-plantation, and if these Agents confirm or deny a false fact,
or deny or withhold the truth about the amount, type, quality or
purity of the destroyed drug or drug-plantation, will be penalized
with a prison term of 3 to 5 years, and will be barred from holding
public jobs and practicing their profession, skills, or occupation
after released from prison, and for a term equal to the prison
term.
In drug-related crimes, the Republic of Panama will observe the
treaties where is a signatory party and, in the absence of a
treaty, will deliver to the requesting State, the individual
penalized or accused of committing a crime within the jurisdiction
of the requesting State, according to the provisions in this
Law.
The request for extradition on drug-related crimes will be
subject to the following rules:
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1. Must be addressed through the requesting State diplomatic
channels, and the documents referred to in Article 41 must be
attached to said request.
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2. Once the extradition request has been received, within five
(5) working days the Ministry of Foreign Affairs will forward said
request to the Attorney General. If the extradition request is
admitted, the Attorney General will immediately order the
provisional detention of the individual to be extradited. The
provisional detention shall not exceed sixty 60) calendar days.
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3. Once the individual to be extradited is provisionally
detained, his rights must be read, and will have the right to be
assisted by an attorney from that moment on. In case the individual
lacks the financial resources to hire a private lawyer, a public
defender shall be appointed within the next twenty Four (24) hours.
The individual to be extradited may use all legal resources granted
by the Panamanian laws, with the exceptions stated in this Law.
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4. Within the five (5) working-days
term, the Attorney General will determine if the extradition
request fulfills all legal requirements. If the extradition request
lacks said requirements in order to be admitted, the Attorney
General will inform so to the requesting party through the
corresponding diplomatic channeis, and the requesting party shall
correct or amend the document within a period of time not greater
than thirty (30) calendar days from the date the communication was
received by the requesting State.
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5. If the documents are correct and admitted, the Attorney
General will forward them to the Executive Branch to decide, within
fifteen (15) working days, if grants or not the extradition. Once
this step is completed, the file will be returned to the Attorney
General who will communicate, through the proper diplomatic
channels, the results of the decision.
The following documents, duly authorized and translated into
Spanish language, must be attached to the extradition request:
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1. Copy of the sentence duly executed, incorporating the
evidentiary elements on which said sentence was based upon, if said
elements are not stated in the sentence.
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2. If the criminal case has not been
concluded, a copy of the decision to call for trial or a copy of
the provisional detention must be included along with the probative
elements on which said decisions are based upon, and a brief
description of the crime must be included.
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3. Copy of legal provisions applicable to the criminal case, the
statutes typifying the crime, and the statutes of limitation.
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4. Personal information that allows to identify the individual
whose extradition is sought.
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5. Certification where the requesting State corroborates that do
not exist any of the circumstances enumerated in Article
43(2)(3)(4)(5) of this Law. Also include any and all document
deemed pertinent by the requesting State, in order to clarify the
crime.
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6. Legalization will be accepted as correct only when:
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a. The request is made from government to government pursuant to
the laws of the requesting State; and
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b. The request is made through a diplomatic or consular agent,
pursuant to the Panamanian laws.
When many States seek the extradition of a person in a
drug-related crime, preference will be given to the State where the
crime was committed.
If extradition is requested for different drug-related crimes,
preference will be given to the State where the committed crime has
a greater punishment, according to the Panamanian law. If the
different drug related crimes are equally punished in the States
seeking extradition, extradition priority will be taken into
consideration.
No extradition will be granted in the following situations:
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1. When the person to be extradite is a Panamanian citizen.
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2. When extradition is resubmitted for the same crime, under the
same grounds and for the same person, as previously submittee and
dismissed.
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3. When the person to be extradited has completed the
corresponding punishment, or has been granted pardon or amnesty for
the crime his extradition is sought by the requesting State.
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4. When, in the requesting State, the criminal liability of the
person is affected by the Statutes of limitation.
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5. When, in the requesting State the crime is punished with
death penalty, life-terms in prison, or any other cruel and public
punishment.
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6. When the person to be extradited is
under criminal court proceedings or is serving prison time in the
Republic of Panama.
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7. When the Executive Branch disposes otherwise.
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8. When the crime is typified by the law in the requesting
State, but is not typified as a crime under the Panamanian Criminal
Law.
If the extradition is dismissed based upon Sections 1, 5, 6, and
7 of Article 44, the person whose extradition is sought will be
tried in the Republic of Panama as if the crime was committed in
Panamanian territory. If this is the case, the requesting State
will submit copy of all investigations conducted on the crime
causing the extradition, and said documents will be duly
authenticated and translated.
The criminal file opened in the requesting State will be
furnished as evidence during the trial, and the means to sustain a
conviction will be assessed according to the provision of the
international law.
If extradition is granted, the requesting State shall take over
the extradited person within sixty (60) working days from the date
extradition was granted. If the requesting State does not take over
the extradited person within the stipulated frame of time, the
extradited person will be released.
Turning over the extradited person to the requesting State will
take place in the Republic of Panama, and in a place indicated by
the Executive Branch. If possible, it will be preferable that said
place is an airport with non-stop international flights to the
requesting State. When dealing with bordering States, the
extradited person will be turned over at the border, unless
otherwise agreed by both States.
The Republic of Panama will not be liable for any future claim
arising from the enforcement of the provisions herein stated.
The requesting State will clearly commit in advance not to try a
requested person on charges different from the charges sought
for.
Only by willful written consent by the defendant, the Republic
of Panama may grant the provisional transfer of detained aliens
awaiting for trial in Panama on drug-related crimes, for a maximum
period of time of two (2) months in order to conduct all legal
proceedings aimed to clarify the crimes committed in the requesting
State. For all purposes, Panama and the requesting State will agree
on the conditions for said transfer.
Detainee provisional transfer will be subject to the following
rules:
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1. The requesting State will communicate
the Attorney General, through its diplomatic channels, the need to
conduct legal proceedings with the participation of the person
arrested by the Panamanian authorities.
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2. With the request must be attached the following documents
duly legalized and translated into Spanish language:
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a. Court ruling ordering to conduct the legal proceedings with
the participation of the requested person.
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b. Clear explanation on the type of proceeding to be conducted
and the length of time it will take.
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c. Detailed explanation about the relation of the requested
person and the investigation.
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d. All personal data of the person to be transferred.
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3. Once the request for provisional transfer has been received,
the Attorney General will have five (5) working days to determine
if said request fulfills the legal requirements and, if so, will
take a sworn statement to the requested person who will be assisted
by a defense attorney, in order to state his free will to
participate or not during the proceedings he has been requested
for.
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4. If the request does not meet the legal requirements or, if
the requested person does not want to go, the Attorney General will
inform that decision to the requesting State, through the
corresponding diplomatic channels.
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5. If the requested person expresses his
consent to participate during the legal proceedings causing said
request, the Attorney General will inform that decision to the
requesting State, through the corresponding diplomatic channels, so
the provisional transfer can take place.
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6. Copy of this proceedings will be incorporated to the criminal
file at the Public Ministry of Panama, where it has been issued a
warrant for the arrest of the requested person.
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7. Provisional transfer of the requested detained person will
not be granted if the Attorney General deems that said transfer
will substantially affect the investigations conducted in our
country.
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8. Provisional transfer of the detained requested person will
not be granted if said individual is a national from the requesting
State.
The requiring State will previously and clearly compromise
to:
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1. Guarantee the physical integrity of the requested person.
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2. Guarantee the due process of law as
established in the body of laws in both the requiring State and the
required State, as well as the provisions recognized by the
International Law on this subject.
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3. Obtain for the required person free legal assistance before
and during the proceedings if said person lacks the means to hire
one.
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4. Return to the Republic of Panama the requested person as soon
as the granted period of time has expired or, if the proceedings
concluded before the expiration of said time.
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5. Cover all expenses incurred in Transferring the requested
person.
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6. Allow Panamanian diplomatic or consular authorities to access
the legal proceedings and the installations where the requested
person is kept, in order to verify that his human rights, physical
integrity, and due process of law are observed.
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7. Conduct all legal proceedings where the requested person
participates, in a language fully comprehensible for said
person.
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8. Assume responsibility for any affected right of the requested
person while the granted transfer is in effect.
The requiring State shall take over the requested person from
the moment and time determined by the Panamanian authorities.
The requiring State shall submit the Attorney General of Panama,
copy of the conducted legal proceedings, duly authenticated and
translated into Spanish language, a copy of a detailed summary on
the results of said proceedings, and a copy of the sentence duly
legalized and translated into Spanish language.
Two District Attorney's Offices located in the City of Panama
are hereby duly established with jurisdiction over the entire
national territory.
The functions of the Special District Attorneys for Drug-Related
Crimes are:
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1. Initiate on his own or by complaint filed, summary
investigations pertaining drug-related crimes.
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2. Supervise the Regional Agencies for Drug-Related Crimes
assigned to the District Attorney's Office for Drug-Related
Crimes.
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3. Prepare and submit the Attorney
General a detailed monthly report on all cases handled.
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4. Assign total or partial duties to the Regional Agencies for
Drug-Related Crimes, from the overall duties assigned to the
District Attorney's Office for Drug-Related Crimes.
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5. Coordinate manpower reinforcement for Regional Agencies
subordinated to the District Attorneys's Office for Drug-Related
Crimes, from other Regional Agencies, when the case load is
heavy.
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6. Once the proceedings have been completed, shall be submitted
to the agent from the Public Ministry, who then has to know the
case.
In order to accomplish the above stated the required and
necessary budget shall be created and approved within the Public
Ministry's budget.
The Commission for the Study and Prevention of Drug-Related
Crimes, hereinafter "THE COMMISSION", is hereby duly established as
a technical-administrative State agency to study the mechanisms
aimed to prevent drug-related illegal activities and to
rehabilitate the individuals incurring in said conducts.
The Commission will be presided by the Attorney General, and
will be integrated by the Ministers of Government and Justice,
Education, Health, Treasury, the Juvenile Court Justice -while the
Juvenile Superior Court of Panama is established-, the President of
the Panamanian White Cross, the Dean of the University of Panama,
the head of the Catholic Church, the Chairman of the Committee for
the Control and Eradication of Drugs and Narcotics of the
Legislative Branch, and a coordinator appointed by the Executive
Branch.
Ministers can be represented before the Commission by a public
official holding a position not inferior to a national
director.
The Commission responsibilities are:
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1. Analyze the national situation on drug-related crime; and
recommend action programs aimed to develop an effective prevention;
these studies will be based upon surveys, reports, and documents
monthly submitted by the members of the Commission.
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2. Coordinate at administrative level
with the Judicial Technical Police, the tasks conducted by the
National Center of Computerized Judicial Information on illegal
drugs in addition to any and all reports and drug statistics and
with the Special District Attorney's Office for Drug-Related
Crimes.
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3. Coordinate at administrative level with the Ministry of
Government and Justice, any and all information and statistics on
drug-related crimes.
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4. Coordinate at administrative level with international
agencies in charge of preventing drug-related crimes, joint actions
to combat the drug problem.
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5. Coordinate at administrate level with the Panamanian
authorities, the adequate means to control introduction into the
national territory, chemicals used to manufacture illegal
drugs.
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6. Coordinate at administrative level the training and
capacitation of Panamanian agents, with the best techniques to
prevent drug-related crimes.
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7. Coordinate at administrative level any and all action taken
by the national agencies in charge of preventing drug-related
crimes.
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8. Coordinate any and all type of statistical investigation,
such as surveys, reports, epidemiological studies, and any other
required field pertaining to the Commission.
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9. Issue agreements, rules and
regulations in order to guarantee the fulfillment of the assigned
tasks.
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10. Invite to its debates, according to the needs and expertise,
authorities and institutional representatives, as well as
technicians, and experts.
The administrative management will be carried out by Attorney
General Office. All needed financial allotment will be included in
its budget.
The Judicial Technical Police National Center for Computerized
Police Information on Illegal Drugs subordinated to the Public
Ministry, will coordinate with the Commission the following:
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1. Keep record of all criminal cases, for drug-related crimes in
Panama.
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2. Keep record of all individuals involved in drug-related
crimes in Panama.
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3. Keep record of all information received from international
agencies on drug-related crimes.
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4. Keep record on local or international movement of substances
used to manufacture illegal drugs.
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5. Submit, upon request from the Attorney General Office, any
and all information on drug-related crimes recorded in this
Center.
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6. Any other task assigned by the Commission.
The laboratories specialized on drug analysis, subordinated to
the Public Ministry, will be integrated by the required scientific
personnel in charge of analyzing and determining the nature of
seized drug. They will also conduct any other analysis needed by
the prosecutor. The test results will be submitted in an official
document that will become an authentic public document.
The Public Ministry and the Ministry of Health, through the
Judicial Technical Police, the Ministry of Treasury, and Customs,
will supervise the control, transit, and destination of precursors
or essential chemicals used to manufacture illegal drugs. These
agencies shall take into a very special consideration the national
current laws, treaties and international agreements on this
subject.
The Public Ministry will include in its budget, all financial
allotment required in order to enforce this law.
Likewise, the Executive Branch will provide the necessary funds
to promote educational programs aimed to aware children and youths
on the dangers of drug-use.
Through the Attorney General, the Commission will submit to the
Executive and Legislative Branches a yearly report on the conducted
activities to prevent and control drug-related crimes.
Any campaign intended and directed to avoid the traffick and use
of illegal drugs, will be addressed and supervised by the National
Commission for the Study and Prevention of Drug-Related Crimes
(CONAPRED).
The mass media, such as newspapers, radio, and television shall
grant advertising spaces for campaigns against drug-trafficking and
drug consumption. These campaigns shall be carried out by the
corresponding media, and must be approved by the Commission.
The study plans for elementary, high school, and college shall
include educational programs intended to provide information
regarding the dangers involved with the use, sale, dependency, and
consumption of drugs. These plans shall be coordinated with the
corresponding authorities and shall be presented before the
Commission for its approval.
Each institution or organization that is part of the Commission
can work out its own prevention, education, rehabilitation and
drug-suppression programs, provided that said programs are
submitted for the Commission approval.
The main goal for the safety measures to be taken for the
treatment and rehabilitation of drug-addicts, will consist in
reintegrating the drug addict back to society as a useful person.
For that purpose, the Executive Branch will set the required
measures to establish rehabilitation centers for drug addicts.
The Ministry of Health will include in its programs, health care
programs related to prevention on drug use, treatment, and
rehabilitation of medication addicts. For said purpose, the
Ministry of Health will submit statistical reports to CONAPRED,
every three months, on the number of individuals assisted for drug
abuse in Panama.
The establishment and operation of any private and public
institution intended for the prevention, treatment, and
rehabilitation of drug addicts shall be submitted for the
authorization and inspection by CONAPRED.
[TRANSITORY] In the light that the present reforms modify,
subrogate, repeal, add, and introduce new articles to Law No. 23 of
December 30, 1986, but some articles remain the same, it is
approved the systematic elaboration of provisions not amended along
with the new dispositions as a single text. The articles will be
numbered in sequential increasing order, and published in the
Official Gazette as a single text.
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