The crimes of libel and slander are regulated under Panama’s Penal Code as mechanisms to protect individuals’ honor and dignity. These definitions aim to ensure that offensive expressions or false accusations do not go unpunished.
Definitions and Penalties
- Libel (Article 193):
Libel refers to any action that offends a person’s dignity, honor, or decorum, whether written or through other means. The penalty for libel or defamation ranges from 60 to 120 day fines. - Slander (Article 194):
Falsely accusing someone of committing a crime constitutes slander, and carries a penalty ranging from 90 to 180 day-fines.
When these crimes occur through mass media or electronic systems, the penalties increase:
- Libel: Imprisonment for 6 to 12 months, or its equivalent in day fines.
- Slander: Imprisonment for 12 to 18 months, or its equivalent in day-fines (Article 195).
Common Provisions
- Retractation (Article 196):
A public retraction, accepted by the victim, can absolve the defendant from criminal liability. However, when the victim is a public servant performing their duties, no criminal penalty will be imposed, although civil liability may still apply. - Admissible Evidence (Article 197):
- The defendant accused of slander can be exempt from punishment if they prove the truth of their claims.
- In libel cases, evidence of truth is only admissible if it does not involve the private or marital life of the victim.
- Exceptions (Article 198):
Criticism and opinions on the actions or omissions of public servants in the exercise of their duties, as well as literary, artistic, historical, scientific, or professional criticism, do not constitute offenses against honor. - Publication of Sentence (Article 199):
If requested by the victim, the judge may order the publication of the final judgment in a crime against honor, at the expense of the convicted party.
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