VICTIM FORGIVENESS in the Panamanian Penal System

Abstract

With the implementation of the Adversarial Criminal Justice System in our country—established by Law 63 of August 28, 2008, which adopted the Code of Criminal Procedure—a new legal reality has emerged, characterized by an adversarial approach that prioritizes fundamental rights, such as respect for human dignity. In this context, an analysis was conducted on the novel and little-known concept of "forgiveness by the victim" within criminal proceedings—a provision currently included in the Penal Code of the Republic of Panama. Previously, the victim played no role in the processes leading to the termination of a sentence or criminal liability—such as the death of the accused, the statute of limitations, the withdrawal of charges, *res judicata* (a matter already adjudicated), the completion of a sentence, a pardon, or an agreement between the parties. Now, however, a new mechanism exists: forgiveness by the victim. The question remains whether this mechanism is strictly limited to specific cases expressly defined by criminal legislation, or whether it exists in theory but is not actually applied.