The procedural reform advances; Deputies will review the piece in the plenary next week

Carolina Álvarez
4 Min Read
Santo Domingo.- After intense work sessions, the reform to the Criminal Procedure Code (CPP) would be known in the plenary session of the Chamber of Deputies next week to comply with the deadline established by the Constitutional Court. Deputy Mayobanex Martínez explained that the subcommittee worked until late at night to approve the report that will be presented this Thursday before the Permanent Justice Commission. He highlighted that the socialization process with the institutions linked to the application of the Code —Attorney General’s Office, Public Defender’s Office, Supreme Court of Justice and the Executive Branch— was key to strengthening the content of the project.

“I understand that the Criminal Procedure Code for next week will already be known in the plenary session of the Chamber of Deputies, in the hemicycle with great advances, great contributions and complying with the ruling of the Constitutional Court. Justice is evolving, it is in progressive growth, especially guaranteeing the fundamental rights of the citizen”, expressed Martínez.

Regarding the most sensitive points, such as the extension of preventive detention, Martinez confirmed that after an in-depth analysis, the subcommittee decided to maintain several of these provisions as they are in the current CPP, due to the concerns expressed by different sectors.
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“We called on the entire judicial system to make its services more efficient every day. Prompt justice and prompt dispatch must be imposed,” he said.

From his side, the president of the Permanent Justice Commission Wandy Batista affirmed that they will comply with the established deadline and described the recent discussion sessions as “very fruitful“.

“It was perfected, things were corrected. We worked with science and with open minds to understand each actor’s point of view,” he expressed.

He pointed out that among the main agreements reached are:
  • Maximum process time: in ordinary matters, it remains at 4 years, as established by current regulations.
  • Complex cases: although the Senate’s proposal suggested extending the term to 6 years, a consensus was reached to set it at a maximum of 5 years.
  • Expert opinions and default: the procedures for carrying out expert opinions were reviewed and the default regime was widely discussed.
Batista explained that cases were detected of convicts who did not appear before the execution judge and then tried to claim statute of limitations. With the agreed modification, the condition of rebellion may be applied when the convicted person does not appear before the execution judge, thus preventing the statute of limitations from beginning to run. Once the person appears, the calculation of the sentence will resume. Some jurists have warned about the institutional risks that the Dominican Republic would face if the National Congress does not approve the pending reforms to the Criminal Procedure Code before December.
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