Santo Domingo. – Starting this Wednesday, with the entry into force of the new Penal Code of the Dominican Republic, criminal proceedings in the country will be governed by this new regulation, which maintains the principle that the law cannot be applied to events that occurred before its entry into force, except when it is more favorable to the person involved in a judicial process.
This is established by article 2 of Law no. 74-25, which enshrines the principle of non-retroactivity of criminal law, one of the fundamental guarantees of the justice system.
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In simple terms, this means that a person cannot be judged by a law that did not exist when the act attributed to them occurred. However, if a new law reduces a penalty or establishes more favorable conditions, that person may benefit from the new regulation.
The provision applies in three specific cases: one of them is when the person is charged, when their case is still being heard by the courts (sub judice status), or when they have already been convicted and are serving a sentence.
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What does it mean to be “sub judice”?
The legal term sub judice refers to a person whose case has not yet been definitively decided by a court. In other words, it concerns someone who is being tried or whose judicial process remains open.
For example, a person who has already been brought to justice and is awaiting trial, or one whose case does not yet have a final sentence, is considered to be in a sub judice state.
The most favorable law
The new Penal Code also incorporates the principle of favorability, which requires interpreting and applying the law in the way that most benefits the accused when there are several applicable rules.
In practice, this means that if a person faces proceedings for a crime whose penalty was reduced under the new Penal Code, the court may apply the more favorable sanction, even if the act occurred before the new legislation came into effect.
With this provision, the Code seeks to ensure that no person receives harsher treatment when the legislator itself has decided to establish lesser penalties or more beneficial rules for certain crimes.
