Criminal Procedure Code at Dominican Republic
The Dominican Republic's criminal justice system is governed by the Código Procesal Penal de la República Dominicana (Criminal Procedure Code), which was established by Law No. 76-02, promulgated on July 2, 2002, and entered into force on September 27, 2002. This legislation replaced the 1894 Código de Procedimiento Criminal and marked a significant shift from the inquisitorial system to an accusatory, adversarial model. The reform aimed to enhance transparency, efficiency, and respect for human rights within the judicial process . (WIPO Lex, Member Profile, Dominican Republic, Guide to Legal Research in the Dominican Republic - Globalex)
Key Features of the Criminal Procedure Code
Accusatory and Oral System: The Code introduces an accusatory system characterized by public, oral, and contradictory proceedings. This approach emphasizes the active role of the prosecutor and the rights of the defense . (Guide to Legal Research in the Dominican Republic - Globalex)
Human Rights Protections: The Code incorporates several safeguards to protect individual rights, including the presumption of innocence, the right to a fair trial, and the right to legal defense. These protections are aligned with international human rights standards . (Asset Publisher - Octopus Cybercrime Community)
Judicial Structure: Criminal jurisdiction is exercised by various courts, including the Supreme Court of Justice, Courts of Appeal, Judges of the First Instance, Trial Judges (Jueces de Instrucción), Judges of Criminal Courts (Jueces de la Ejecución de la Pena), and Justices of the Peace. Depending on the case, the Courts of First Instance may be presided over by a sole judge . (Guide to Legal Research in the Dominican Republic - Globalex)
Alternative Dispute Resolution: The Code grants Public Prosecutors the authority to propose alternative methods for resolving criminal proceedings, such as plea bargaining, thereby offering more flexible and efficient avenues for justice . (Guide to Legal Research in the Dominican Republic - Globalex)
Accessing the Criminal Procedure Code
For the full text of Law No. 76-02 and related legal documents, you can refer to the WIPO Lex database, which provides access to the official legislation of the Dominican Republic (WIPO Lex, Member Profile, Dominican Republic). (WIPO Lex, Member Profile, Dominican Republic)
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