Abortion, defamation and aggravated penalties, among the observations of the Bar Association to the Penal Code

Abortion, defamation and aggravated penalties, among the observations of the Bar Association to the Penal Code
Abortion, defamation and aggravated penalties, among the observations of the Bar Association to the Penal Code

The Bar Association of the Dominican Republic (CARD) filed this Monday a draft of observations in the Chamber of Deputies to modify several articles of the initiative of the Penal Code.

According to the CARD president, Trajano Potentini, the proposal contemplates variations in article 221 on defamationarticles 43 of aggravated penalties and Article 328, which establishes the statute of limitations for crimes against the State heritage.

Like Article 14, which excludes from Criminal liability for churchesthe Dominican State, the National District, the city councils and the boards of the municipal districts.


The jurist explained that the motivation for the request to decriminalize defamation is due to the fact that the powers of the State use it, in some cases, to persecute journalists and the media.

They therefore recommended that the Lower House remove Article 221 from the study they are carrying out on the subject of the Penal Code, “removing the criminal character of defamation.”


Pontetini said that the current legal trend is to consider acts of corruption as “imprescriptible.”

The opposite to what is established in the piece by the senator from La Vega, Rogelio Genao, approved in two readings in the Senate and sent to the Chamber of Deputies, since a deadline of 20 years for its judicialization.

That is why the commission of lawyers asked the congressmen to take advantage of the opportunity to guarantee the consecration of the “non-prescription” in the judicial system of the country.


The Penal Code document also states that churches shall not be governed by the provisions that precede it regarding the criminal liability of legal persons. This also includes other State entities.

However, the CARD delegation considers that There is no relationship between churches and other public entities mentioned in Article 14 of the Penal Code, since their forms of organization and purposes are different.

“We therefore believe it is unnecessary to exclude churches from the responsibility inherent to legal entities,” said Potentini.

CARD’s observations on the Penal Code


While to define the social debate on the decriminalization of Interruption of pregnancy In dangerous situations, lawyers propose the realization of a consultative referendum that allows the population to express its decision.

The consultative referendum is provided for by the citizen participation mechanisms in Article 210 of the Magna Carta.


They also noted that Article 43 on the imposition of fines for serious or very serious offences is carried out using the particular rules “established by the sentence that will determine the penalty.”

Although around 1000 are added 72 new criminal classificationsthere are still criminal modalities that are affecting the population.

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