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The incorporation of the victim’s forgiveness as a cause for the extinction of punishment within the Panamanian criminal justice system constitutes one of the most significant transformations of contemporary Criminal Law in Panama, particularly following the introduction of Article 115-A of the Criminal Code through Law 496 of 2025. This institution generates a structural tension between the public nature of the State’s ius puniendi and restorative justice approaches that recognize greater participation of the victim in the resolution of criminal conflicts. This article aims to analyze, from a doctrinal and procedural perspective, the operation of the victim’s forgiveness in the Panamanian criminal justice system, especially during the enforcement stage of criminal sanctions, assessing its compatibility with res judicata, the constitutional purposes of punishment, and the principles of legality, equality, and legal certainty. The research adopts a qualitative doctrinal-procedural approach supported by principled hermeneutics and comparative analysis. It argues that the victim’s forgiveness may only operate legitimately as an exceptional mechanism for modulating criminal enforcement under strict standards of judicial review, reinforced reasoning, and rigorous verification of voluntariness and full reparation. Finally, the article proposes a model of judicial control aimed at harmonizing restorative justice and public criminal order within the constitutional State governed by the rule of law.
