The purpose of this study is to analyze the faculty of the judge to change the normative element of the accusation without this change generating a state of defenselessness of the accused person in the criminal process. Panamanian law recognizes in Article 428 of the Code of Criminal Procedure the need for consistency between the accusation, the accusation and the sentence, emphasizing that in no case can the factual basis be changed, but the regulations, but with the condition that the trial court notices the change during the hearing so that the defense can prepare adequately for the benefit of the accused. Finally, this work highlights the direct link between the judgments of the Inter-American Court of Human Rights and the local criminal law system, and specifically that although the regulatory change is allowed at the time of the trial, it must be observed whether the regulatory change modifies the basis factual of the accusation, which results in defendant's defenselessness.