Panama toughens sentences with penalties close to the legal maximum and reopens debate on life imprisonment

Panama.- A series of recent judicial decisions in Panama show a hardening in the country's penal policy, with sentences approaching the maximum limit of 50 years in prison established by the Penal Code. The rulings, driven by investigations from the Public Ministry and supported by first and second instance courts, have reactivated the debate on the deterrent function of the penal system and the possibility of introducing life imprisonment. The most severe sentence was imposed on a 25-year-old citizen, sentenced to 49 years in prison for aggravated intentional homicide and attempted homicide, following an armed attack that occurred in May 2023 in the Santa Ana sector, which left a young man dead and two minors injured. The court imposed a final sentence of 49 years, which means that the sentence must be served in full, without access to prison benefits such as reduction for work or study, except for the exceptions strictly contemplated by law. In Panama, the maximum sentence is 50 years, even in cases of accumulation of multiple serious crimes, so the penalty imposed is close to the maximum allowed by the legal system. In addition to the main penalty, the convicted person was disqualified from holding public office for 10 years once the sentence was served.

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Another relevant decision came from the Superior Court of Appeals, which reformed an initial sentence of 21 years for aggravated homicide and raised it to 30 years in prison, considering that the criteria for individualization of the penalty established in article 79 of the Penal Code were not correctly applied. The case was related to a murder that occurred in a cockfighting ring in Pesé, Herrera province. The convicted person, declared a primary accomplice, participated in the logistics and escape after the crime. The court concluded that his intervention was decisive for the execution of the act, which justified a more severe sanction. In the province of Colón, another 26-year-old man was sentenced to 35 years in prison for aggravated intentional homicide and attempted homicide, for an event that occurred in November 2022 in the district of Donoso. The court also prohibited him from carrying firearms for the same period as the main sentence, once the sentence has been served. Convictions for robbery and illegal weapons In matters of crimes against property, a man received 16 years in prison for aggravated robbery, after the Metropolitan Prosecutor's Office demonstrated his responsibility in a violent assault that occurred in May 2023, during which the victim suffered fractures in the jaw after being hit with a firearm. Furthermore, a guarantees judge validated an agreement that resulted in a 10-year prison sentence for illegal possession of firearms, following a raid in Pedregal in which pistols, a rifle, and ammunition were seized without the corresponding permits. In addition to the custodial sentence, a financial fine was imposed. Debate sobre cadena perpetua In parallel to these judicial decisions, the National Assembly opened the debate on the possible incorporation of life imprisonment into the Panamanian penal system. Last October, the Government, Justice and Constitutional Affairs Commission unanimously approved a bill that seeks to reform article 52 of the Penal Code to allow life sentences in cases of extreme gravity. The proposal also contemplates the creation of Article 132-C, applicable to homicides committed with special cruelty, atrocious execution, use of fire, asphyxiation, extraction of vital organs, or in cases of multiple crimes. Punitiveness trend Overall, the recent convictions reflect a trend towards imposing sentences close to the legal maximum, applying definitive sentences, and reviewing in the second instance decisions considered lenient. For the Public Prosecutor's Office, these measures seek to strengthen citizen confidence and increase the penal cost of violent crimes. However, specialists warn that the tightening of sanctions also poses challenges for the prison system and opens a legal debate on the limits of punishment, proportionality, and the real effectiveness of extremely long sentences.