We have looked at the Legal procedure of buying property or a house in Panama; let us now look at the Legal system in Panama.
Hierarchy of Legal system in Panama
The Legal system in Panama is such that at the highest legal power we have the Supreme Court. All Judges in Panama have to be not only above the age of 35 but also native Panamanians. They need to have a minimum amount of experience and meet a certain education level. Appointment of judges is done by the cabinet after which they await confirmation by the Legislative Assembly. Once appointed a judge can work for up to 10 years. They are the same people that undertake interpretation of laws on panama legal procedures. The judiciary is branch of the government of Panama.
Panama legal system vests a number of powers to the Supreme Court. This includes determination of how decrees and Laws made by the Panama government system fit in to the constitution. Legal actions involving action officers of the public, or public officials’ failure to act accordingly are fall under the docket of the Supreme Court. There’s no right for appealing after the Supreme Court has passed a judgment.
The Classification of Panama Judiciary
The Panama political system is such that Panama has 3 judicial districts. Panama provinces, Colon and Darien together make one district. Veraguas, Herrera and Los Santos make the second district. The third district consists of Chiriqui, Toro and Bocas. The district with the inclusion of Panama has a total of two tribunals that are superior. After the Supreme Court, the next stage has tribunal. According to the government system of Panama the judges of the Supreme Court are charged with the responsibility of appointing judges to the tribunal. One has to adhere to laws of conducting business in Panama.
Each and every province has two circuit courts. One circuit court for civil cases and the other circuit court for criminal cases. After the circuit courts we have municipal courts. One court for each and every municipal area in Panama. Appointment of the judges to the circuit courts is done by judges serving in superior tribunals. Judges serving in the municipal courts are appointed by judges from the circuit courts. Cases regarding purchasing property in Panama are handled by these judges.
‘Police’ judges hear minor cases in local courts. These courts have the power of issuing sentences of up to 1 year. Appointment of these judges is done by Mayors to the Municipal. They serve the same function as to Magistrates in the UK and the Justice of peace in the US. They can be very helpful as regard purchasing property in Panama.
In Panama the accused have a right to legal representation. Panama government system is such that there are public defenders for those who cannot afford their own Lawyer. Some of the cases are heard by a jury. If arrested, one can chose to have Lawyer during your questioning by police. We have panama legal system for mortgages.
When awaiting trial, you are placed on remand. All cities in panama have their own prison facility some of which are tougher than those in the United Kingdom. Prisoners must work and they have to be rehabilitated before release back into the society.
It is relatively easy to find a Lawyer in panama especially when purchasing a property in Panama. Both UK and US embassies have a list of English speaking lawyers if you are not good in Spanish. Ask your fellow expats for recommendations.