The presumption of innocence in our country is an “Iuris Tantum” right, which means that it is considered true until proven otherwise. The legal principle has established regarding this matter, that anyone accused of a crime must be considered innocent until proven guilty by means of a final judgment enacted by a competent court, where the burden of proof falls directly on the accuser or plaintiff, as the case may be.
In Panama, this principle is very important because, as we have indicated, the existence of elements of conviction or evidence proving the punishable act for which the accused is being charged must first be analyzed. The prosecutor’s office (Public Ministry) is responsible for the investigation and gathering this evidence in order to subsequently request charges against the accused in a hearing, once the evidence has proven that the accused has a direct connection to the punishable act or is the principal perpetrator.
It should be noted that this principle admits evidence to the contrary, which means that it can be refuted or contested by presenting evidence that shows that the alleged criminal act is not true, therefore the defense must refute by means of its evidence, that what has been investigated and provided as evidence by the plaintiff or complainant, lacks probative force to establish the link between the defendant and the criminal act by means of which charges are intended to be brought.
In our regulations, we find this principle typified in Article 22 of the Political Constitution of the Republic, which establishes the following:
“Every person detained must be informed immediately and in a manner that is understandable to them of the reasons for their detention and of their corresponding constitutional and legal rights.
Persons accused of having committed a crime have the right to be presumed innocent until proven guilty in a public trial that has provided them with all the guarantees established for their defense.
Anyone arrested shall have the right, from that moment on, to the assistance of a lawyer during police and judicial proceedings.
The Law shall regulate this matter.”

On the other hand, according to this article, the person accused of having committed a crime must have been assured of the guarantees established for his defense, as established in article 217 of our Constitution, namely:

“The Law shall decide the means to render advice and legal defense to those who, due to their economic situation, cannot obtain them by themselves.”, both through official bodies created for this purpose, and through professional associations of lawyers recognized by the State.”
That is to say, that the Law shall ensure not only that those accused of a crime are guaranteed the presumption of innocence, but shall also provide support for their legitimate defense if they lack the resources to pay a lawyer or private defense attorney to handle their case.

Therefore, the presumption of innocence in our country plays a fundamental role in due process, since, if this principle is ignored, the case can be annulled in accordance with Articles 9 and 10 of the Criminal Code of the Republic of Panama.

As lawyers, when invoking this principle, what we seek is to guarantee the fundamental rights that we deserve as citizens and that the person(s) accused of the criminal act(s) be protected against the power of the State, in addition to avoiding unjust convictions, strengthening due process for a fair trial if the case reaches the court of final appeal. This upholds the principle of the presumption of innocence and establishes that the accused must be treated as innocent at all stages of the process, therefore, in order to convict a person, sufficient evidence beyond a reasonable doubt is required.

Finally, if you consider that you are the victim of an arbitrary decision constituting a defect in a judicial or criminal process that is affecting your rights, we recommend hiring the services and legal advice of a qualified lawyer who is up to date on these matters, for which Quijano & Associates is a law firm with extensive experience in litigation and is constantly updating its knowledge in this field, therefore, the reader should not hesitate to contact us to find solutions.

By: Alexander Santana