Santo Domingo.- The Bar Association of the Dominican Republic (CARD), presided over by jurist Trajano Potentini, valued as a positive step the Dominican Government’s decision to keep the review process of the recently enacted Penal Code open, through the formation of a commission composed of prominent jurists who will have the responsibility of studying possible modifications and improvements to the new legislation.
Potentini maintained that the Executive Branch’s willingness to listen to observations and promote new amendments constitutes a sign of institutional openness that strengthens the legislative process and allows for the correction of provisions that, in the opinion of various legal sectors, need to be reviewed to guarantee respect for fundamental rights and legal certainty.
The president of the CARD expressed that the institution welcomes the creation of this high-level commission, composed of legal professionals with extensive experience, considering that it represents an opportunity for the proposals made by the lawyers’ association during the discussion of the Penal Code in the National Congress to be addressed.
Among those proposals, Potentini especially highlighted the revision of article 310, regarding the so-called ‘outrage in the Jurisdictional Sphere’, a provision that the Bar Association considers incompatible with the free practice of the profession and with the constitutional right to defense. The union leader maintained that the criminal classification contained in that article represents a threat to the professional independence of lawyers and could generate undue restrictions on the exercise of technical defense within the courts.
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He stated that the Bar Association understands that said provision violates the dignity of legal professionals and creates an environment that could affect the freedom with which lawyers must exercise the representation of their clients before jurisdictional bodies.
In that sense, he reported that the institution will maintain all legal actions undertaken against that provision, including the process currently filed before the Constitutional Court.
Potentini recalled that the CARD has already filed a constitutional appeal accompanied by a request for a precautionary or anticipatory measure, through which it seeks to have the application of article 310 provisionally suspended while the high court hears the merits of the case.
The president of the guild reiterated that the defense of this issue constitutes an invariable institutional position and assured that the Bar Association will exhaust all available legal and constitutional avenues to seek the correction of that criminal figure. Likewise, he announced that the observations prepared by the CARD will be formally presented to the commission created by the Executive Branch, including the proposals that were previously submitted during the legislative discussion process in the National Congress.
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He explained that, in addition to the questioned article 310, the Bar Association considers it necessary to review other provisions contained in the new Penal Code, including articles 29, 335, and 338, as they understand that these also directly affect the professional practice of Law and require a more in-depth technical evaluation.
Potentini pointed out that the institution will continue to fulfill the consultative role recognized by Law No. 3-19, contributing with proposals aimed at strengthening the national legal system. In this context, he reported that the association will maintain the process of socializing the new Penal Code throughout the national territory through meetings, conferences, and analysis sessions with its various branches. He indicated that this effort seeks not only to disseminate the content of the Penal Code but also to collect the concerns of the legal community to convert them into concrete proposals that can contribute to the improvement of the legal text.
The position established by the Bar Association reaffirms the entity’s commitment to defending the independence of the legal profession, respect for due process, and the protection of the right to a defense, while supporting the Government’s openness to continue refining the new Penal Code through dialogue with the various sectors of the legal society.
