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Law of Panama
The law of Panama is based on civil law with influences from Spanish legal tradition and Roman laws. For the first several years of its existence Panamanian law depended upon the legal code inherited from Colombia. The first Panamanian codes, promulgated in 1917, were patterned upon 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.
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. Judges and magistrates usually have had little leeway in matters of procedure, delays, and degrees of guilt.
The Public Ministry provided for in the Constitution 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 attorneys, 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.
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 arrest, 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 pardons 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 218 establishes trial by jury.
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 arrests 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 or being charged with an offense. The Constitution forbids arrest or detention for violation of purely civil obligations or for debts.
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Law of Panama
The law of Panama is based on civil law with influences from Spanish legal tradition and Roman laws. For the first several years of its existence Panamanian law depended upon the legal code inherited from Colombia. The first Panamanian codes, promulgated in 1917, were patterned upon 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.
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. Judges and magistrates usually have had little leeway in matters of procedure, delays, and degrees of guilt.
The Public Ministry provided for in the Constitution 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 attorneys, 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.
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 arrest, 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 pardons 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 218 establishes trial by jury.
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 arrests 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 or being charged with an offense. The Constitution forbids arrest or detention for violation of purely civil obligations or for debts.