The proposal to lower the minimum age for criminal responsibility from 14 to 12 years for committing crimes has faced harsh criticism from the legal sector. Experts warn that the measure lacks professional backing and does not offer real solutions to crime. Lawyer Roberto Moreno, a former prosecutor, was categorical in stating that there is no proof that expanding the jurisdiction of criminal law over children or increasing penalties will reduce the incidence of crime. He added that there are no statistics to support the claim that crimes committed by children under 12 are significant. From a constitutional standpoint, Moreno reminded that Panama's Constitution includes international human rights treaties signed by the country, including the Convention on the Rights of the Child. According to these standards, before considering lowering the age of criminal responsibility, the possibility of raising it should even be evaluated, although the minimum accepted age is 12. The former prosecutor also warned that Panama's criminal justice system lacks the capacity, in both material and human resources, to take on new responsibilities when it cannot effectively handle the ones it already has, even if cases involving children under 12 are few. In his view, insisting on criminally prosecuting children of that age is nothing more than demagoguery and populism, diverting attention from what should be the state's true priority: strengthening school programs, promoting a culture of peace, and developing alternative activities to keep children away from crime.
Lack of Data and Institutional Capacity. In a similar vein, lawyer David Villarreal stated that before discussing the criminal liability of children under 12, it is essential to have clear statistics on how many minors under 14 are involved in crimes and of what nature. Villarreal emphasized that not all children of that age have the full capacity to understand what constitutes a crime and the consequences of their actions. He recalled that the matter is regulated by Law 40 of 1999, so any attempt to criminally prosecute children under 12 would require a direct amendment to that legislation. He also warned that Law 40 itself would have to guarantee the necessary tools for the care of these minors, something that, in his opinion, is not yet resolved. "I don't think they are prepared to handle that problem," he said, referring to the state's institutional capacity. The jurist insisted that this is a criminological issue that requires analyzing the real causes of the phenomenon, including whether minors act of their own free will or are being used and manipulated by adults to commit crimes.
Risk of Legislating Without Data. For his part, lawyer Juan Carlos Arauz, former president of the National College of Lawyers, warned that any legislative initiative must start from an analysis of the total number of cases involving minors in that age group. Arauz noted that only after reviewing those figures can the need for a legal reform be discussed, otherwise the law loses its general character and ends up being designed to regulate specific or situational cases.
