The Criminal Execution Phase in Panama, Analysis and Perspectives

Abstract

In this research text, we will learn that criminal enforcement begins with the final conviction to a certain sanction; once the sentence is final, the stage of compliance with the imposed criminal sanction begins.  However, in Panama, as in most Latin American countries, it incurs a blemish.  Although the execution phase represents the most significant stage of the conviction, reality does not show this situation, since the criminal enforcement phase is absolutely absent because it is expensive, practically inefficient and, unfortunately, negatively enriches criminal legal practice. 

For this reason, in order for the aforementioned case topic to be eliminated or corrected in case of error, it is imperative to develop multilaterally the critical analysis of the criminal enforcement phase in order to guide the institutional improvement of the legal phenomenon, while projecting propositional ways of solution.  The problems and realities that are identified reveal harmful decision- making models that affect everything from the normative model of criminal procedural law to the most unique characteristics of the custodial sentence. 

Likewise, the self-referential silence that distorts Criminal Law and Criminal Procedure, immersed in the impracticable scholastic form that violates the context and ethical purpose of Criminal Law, dilutes criminological perspectives from ancient philosophy without a criterion-based doctrine and nullifies the action of the actor through social therapy behind walls.  The lack of professionalization of those who access to administer the confined, the nature of the correction and the scarce scruple to remain in inorganic legal fidelity constitute the main deficiencies.