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Criminal Law System in the Dominican Republic

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DominicanGovernment is not online. DominicanGovernment
Joined: 10 Feb 2015
Total Posts: 3
12 Feb 2015 03:12 PM
Arrest and detention
Dominican criminal law is applicable to both citizens of the Dominican Republic and foreigners who commit crimes within the territory of the Dominican Republic. Since foreigners visiting the Dominican Republic usually do not have permanent residence or ties in the Dominican Republic, foreigners accused of a crime may be kept under preventative detention throughout the investigation and trial process to prevent their departure from the country.

Under Dominican law, you may be arrested in a variety of circumstances. If your presence is necessary for an investigation, and there is sufficient evidence indicating that you may flee, hide or destroy evidence, you may be detained. Dominican authorities may confiscate your travel documents, such as your passport, while the investigation is ongoing, until charges are withdrawn or you complete your sentence. Please inform a Canadian consular official if this happens to you.

If you are arrested or detained in the Dominican Republic, you have the right to a lawyer and the right to remain silent. The lawyer can be present during any questioning and at any trial or hearing. If you cannot afford a lawyer, the Dominican government can provide you with a public defender. In the Dominican Republic, the law stipulates you are presumed innocent until proven guilty.

Under the Dominican Constitution, however, you may be held without charges for up to 48 hours while a prosecutor and the police conduct an initial investigation. The prosecutor may press charges against you based on the evidence. You will be released if there is insufficient evidence and the prosecutor declines to press charges.

If you are detained for more than 48 hours without being formally charged with an offence, you (or your representative or lawyer) are entitled to request a hearing to understand the reasons for your detention. At this hearing, you can request your release from prison while awaiting trial. The judge may order your release if you have been detained for more than 48 hours without being charged, or if there is insufficient proof of a crime to justify further detention. The prosecutor may appeal this ruling.

During all arrest and investigation procedures—interrogations, depositions, and court hearings—an official interpreter must be present if your native language is not Spanish. This interpreter is certified by the Supreme Court and appointed by the Dominican government. If an interpreter has not yet been appointed, you should request one. You should ask the interpreter to help you understand any document you may be required to sign. You do not have to pay for official translation services. In the event that you choose to hire a private translator, you will need to cover the fees yourself. The skills of Spanish-English interpreters can vary greatly.

Bail
You may request bail at any time during this process. In reviewing a bail request, the judge has significant discretion and will consider the type of crime, your criminal history and any risk that you will flee. Bail is less likely to be granted if you are charged with serious crimes such as murder, money laundering or narcotics trafficking. Note that the Dominican criminal code does not distinguish between narcotics possession for personal use or for sale and distribution. You should consult a lawyer to find out how bail may apply to your circumstances.

Duration of a trial and sentencing
The entire process can be lengthy. A trial may even last several years in particularly complex cases. Delays can be caused by a number of factors, including delays in hearing testimony, changes of lawyers, the health of the defendant and procedural requests. As a result, the trial may be concluded in one hearing or it may require several hearings. As noted above, the length of time you may be detained should not be longer than the minimum prison time under Dominican law for the crime(s) with which you are charged. You should proactively monitor the progress of your case and discuss any concern with your lawyer.

If you are found guilty, you have 10 days to appeal the decision. The prosecution may also appeal the verdict. If this happens, you will likely remain in custody until a hearing is held before the court of appeal.


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