Core practice area

Criminal
Defence

In an accusatorial system, what is not argued and proved at the hearing does not exist. The defence is built from the first hour: what is said, what is withheld, what evidence is secured, and how the request for pretrial detention is met. We take on the defence at every stage of Panamanian criminal proceedings.

Defence at every stage of the process

The moment the defence comes in changes what can be done. The earlier, the more room there is.

01

Assistance from the moment of arrest

Intervention in the first hours, when what is decided shapes everything that follows: what is said, which safeguards are asserted, and how you arrive at the first hearing.

02

Charge hearings and pretrial measures

Opposing requests for pretrial detention and proposing alternative measures before the guarantees judge. This is the hearing that determines whether the case is faced at liberty or in custody.

03

Investigation stage

Scrutiny of the Public Prosecutor's conduct, applications for exculpatory enquiries, securing favourable evidence, and monitoring the investigation deadlines.

04

Intermediate stage and evidence filtering

Opposition to the charge, preliminary objections, and exclusion of evidence obtained in breach of fundamental safeguards. What is not filtered out here reaches trial and weighs.

05

Oral trial

Theory of the case, examination and cross-examination, and closing submissions before the trial court. Preparation of defence witnesses and experts.

06

Challenging forensic and expert evidence

Technical review of expert reports: chain of custody, methodology, the expert's qualifications and the soundness of the conclusions. A forensic report is not an unquestionable truth.

07

Financial crime and money laundering

Defence in economic investigations, where the file is documentary and the argument usually turns on the origin and traceability of funds.

08

Offences against public administration

Embezzlement, corruption of public officials and related offences. Ground where criminal and administrative law meet, and where knowing both changes the strategy.

09

Private prosecution and victim representation

Acting as private prosecutor, driving the investigation forward, and pursuing the civil claim arising from the offence on behalf of those who suffered the harm.

The accusatorial system

Panama has left behind the old written inquisitorial model and operates an accusatorial criminal justice system that is oral, public and adversarial. Whoever investigates does not judge, and whoever supervises the investigation does not deliver the verdict.

MP

Public Prosecutor's Office

Leads the investigation and brings the charge. It is the opposing party throughout the investigation stage.

JG

Guarantees Judge

Ensures the investigation respects fundamental rights and rules on charges and pretrial measures. Does not deliver the verdict.

TJ

Trial Court

Separate from the guarantees judge. It knows only what is produced before it at the oral trial, and decides on that basis.

IMELCF

Institute of Legal Medicine and Forensic Sciences

Produces the expert and forensic evidence in the case: post-mortems, expert opinions, laboratory analysis and assessments.

OJ

Judicial Branch

The structure of criminal courts, including the appellate courts that review first instance decisions.

Immigration authorities

For foreign nationals, criminal proceedings affect immigration status and may involve a ban on leaving the country.

The first hours carry the most weight

Anyone who is detained must be brought before the guarantees judge within a short period. It is at that first hearing that the charge and any pretrial measure are decided. Arriving at that hearing without a defence lawyer is the worst possible way to start a case, and what is resolved there shapes everything that follows.

What clients ask us most

What should I do if a relative is detained in Panama?

Contact a lawyer immediately. Anyone who is detained must be brought before the guarantees judge within a short period, and it is at that first hearing that the charge and any pretrial measure are decided.

Arriving at that hearing without a defence lawyer is the worst possible way to start a case.

How does Panama's accusatorial criminal system work?

The process has three stages: investigation, led by the Public Prosecutor's Office under the supervision of the guarantees judge; the intermediate stage, where the charge is refined and evidence is admitted; and the oral trial, before a court different from the one that supervised the investigation.

It is oral, public and adversarial, and what is not argued and proved at the hearing does not exist.

Is pretrial detention automatic?

No. Pretrial detention is exceptional and must be justified before the guarantees judge on grounds of flight risk, risk of evidence being destroyed, or danger to the victim.

Less restrictive measures exist and their application is argued at the hearing. A prepared defence can change that decision.

Can forensic or expert evidence be challenged?

Yes, and it is one of the grounds where cases are most often decided. An expert report can be challenged on chain of custody, on the method used, on the expert's qualifications, or on the conclusions drawn from the findings.

Doing so requires knowing how that report is produced from the inside, not merely reading it.

I am a foreign national facing criminal proceedings in Panama. What does that mean?

Proceedings are governed by Panamanian law regardless of nationality. They may involve measures such as a ban on leaving the country, and they affect immigration status.

Criminal defence and immigration position should be coordinated from the outset, because a decision on one front conditions the other.

If the matter is urgent, message us on WhatsApp

In criminal matters time counts from the first hour. If there has been an arrest or a summons, that is the fastest channel.

Other core practice areas

The content of this page is general information about Panamanian law. It does not constitute legal advice and does not replace analysis of a specific case. Submitting the form does not by itself create an attorney-client relationship, which is formed solely by express agreement between the parties.