Constitutional Court: Citizens can denounce the offenses of public servants
SANTO DOMINGO. The Constitutional Court (TC) has confirmed that citizens have the right to denounce offenses made by public servants in the carrying out of their duties.
It is understood that this can be interpreted, in the most favorable way and as a warning to the purpose followed by the rules, in the sense that they can also issue writs against public servants for their offenses, crimes and misdemeanors carried out in the exercising of their duties.
In their sentence TC/0259/14, is the criteria that the actual Constitution, in article 22.5, gives this right to citizens.
The high court issued this precedent when making a pronouncement about an direct action of unconstitutionality brought by the mayor of the Santo Domingo West Municipality, Francisco Pena Tavarez, against articles 44, 81, 21, 297, 320 y 373 of Law number 176-07, of the National District and its municipalities.
It was considered that the arguments developed about the distinct nature of political opinion highlighted in article 80.1 of the Constitution and the legal prosecution of public servants chosen by the commission of crimes and misdemeanors, existed to refute the accusation of article 21. Paragraph V, of the Law number 176-07 violating the principle of ineligibility of the attributions written in article 4 of the Constitution.
“It would have added, moreover, that the actual Constitution, in article 22.5, gives the citizen the right to denounce mistakes made by public servants in the carrying out of their duties, which can be interpreted, in the most favorable sense, and as a warning to the purpose followed by the rules, that they can also issue writs against public servants for their offenses, crimes and misdemeanors committed when they are exercising their duties.
The direct action of unconstitutionality was also found when the high court decreed the invalidity of article 373 of Law number 176-07, which modifies paragraph 5 of article 71 of the Law number 76-02, to include mayors among those public servants whose penal lawsuits will be heard by the Court of Appeal.
Category: DR News |