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Volume
14, Number 11 |
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Also in
this section: New
Penal Code in effect
by Eric Jackson Parts of it will take years of litigation for their meanings to be sorted out, but be advised that whatever it means, as of May 22 a new Penal Code, as passed a year ago and amended several times since, is in effect. The politicians can claim to have taken a tough stand against crime, in that the maximum sentence for murder and other serious crimes has been increased from 20 to 30 years in prison. Neofascist militia members from Colombia or the United States might well be allowed to continue violating our banking, securities and money laundering laws, but if they decide to brew up a batch of biological weapons it can now get them a maximum prison term of 25 years. And in the event that this country without an army goes to war and crimes against humanity or violations of the Geneva Conventions or international laws against torture or rape as tactics of war are committed, those, too can land an offender behind bars for 30 years. Is the new Penal Code pro-freedom? Well, presidents, vice presidents, cabinet ministers and high court judges will no longer be able to bring criminal defamation charges against those who criticize them --- but anyone else will still be able to do so. And then another change in media laws, meant to protect copyrights but maladroitly written, would criminalize the possession of a collection of recorded music. There are heavy penalties --- up to 14 years in prison --- for belonging to an organization dedicated to criminal purposes. It's intended to be against street gangs but broadly enough written to be used against labor unions, militant student groups or just about any organization that the government of the moment cares to suppress. Panama has the equivalent of misdemeanor noise ordinances which are notoriously unenforced, but the Torrijos administration and National Assembly have decided to get tough and provide for four-year prison terms in case of illegal noise. There are a number of new environmental crimes, such as cutting more trees than an ANAM permit provides (five-year max), sale by a public official of land in a national park (10 years), creating an illegal reservoir (three years), and illegal use of an environmental impact statement that has been done for one project to obtain a permit for another project (five years). There are some new anti-corruption laws. Although it is and has been a crime legislators still have de facto impunity for putting phantom employees --- botellas in Panamanian Spanish --- on the payroll and collecting their salaries. To be one of those phantom employees, however, can net you up to 300 day in jail, although in that case you will be allowed to pay a fine to avoid incarceration. (The math works out that to make this sort of crime pay well, it will be better for politicians to put fewer but higher paid botellas on the payroll. That way the official can pay the ghost worker's fine and still come out ahead.) It's now also a crime to take bribes or kickbacks in the private sector, under pain of up to four years of incarceration. However, one last minute change eliminated the criminal penalties for a judge who hands down a judgment that she or he knows is in violation of the law. There are now criminal penalties for theft of electricity, telephone or cable services, if the value of the services stolen is more than $250. Although enforcement of this law might lead to riots in shantytowns where every electrical connection is illegal, utility companies have long said that utility theft is worst in Panama City's wealthiest neighborhoods. Mistreatment of an animal can get a sentence of 100 to 200 days of community service, while mistreatment of a family member can lead to up to two years imprisonment. After a huge argument, the criminal penalties against abortion were kept as is. However, there are new laws against genetic manipulation of human embryos, illegal fertilization of human eggs, and artificial insemination without proper permission. Turkey baster perverts --- if such fiends actually exist --- can now be sent to prison for six years. Also in this section:Heavy fallout over Avenida Central chopper crash Colon vocational high school uprising 37 years after disappearance, Gallego still inspires New high court packing scheme in the works Chávez expresses annoyance with FARC Colon incinerator operators don't want photos Campaign battles over polls, on many other fronts Panama News Briefs Lots of things up in the air in early campaigning Education scandals won't go away New Penal Code, with late amendments, goes into effect Is the Merida Initiative going to bring a US base to Panama? Restless indigenous areas Burma's military situation altered by cyclone News |
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©
2008 by Eric Jackson email: editor@thepanamanews.com or e_l_jackson_malo@yahoo.com Mailing
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