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Penal Process Code allows minors to file complaints

SANTO DOMINGO. The reformed Penal Process Code considers that everyone who has knowledge of a violation of public action can report it to the Justice Department, the Police or any other executive agency which carries out auxiliary activities of investigation.

Likewise, in its article 262, paragraph 2, it orders that when the complaint is presented by a minor, the official which receives it is obligated to meet with the parents or tutors or trustworthy adult persons and initiate their investigation, without prejudice of avoiding that the incident announced results in subsequent consequences.

The rules also include the preservation of identities in the investigations.

The Code indicates in article 372 that in all cases, although it has not been declared complex, and that the possible sentence is equal or greater than three years, the prosecutor can request that the judge authorize the reservation of the identity of one or several of their investigators when this can be manifestly useful for the development of the investigation.

“The judge establishes the period for hiding the identity. This timeframe can only be extended if the basis of the request is renewed. In no case can the time period for conserving the identity go beyond 18 months.”

Once the deadline is reached, the Justice Department will present the judge with a report of the results of these investigations, revealing the identity of the investigators, who can be cited as witnesses to the trial.

The decision of appeal

Upon giving a verdict, the Court can reject the appeal, in which case the verdict remains confirmed; declare the appeal accepted, in which case they decide at once the sentence of the case, or it orders, in an exceptional manner, the celebration of a new trial before the tribunal of the First Instance, only in those cases of liability that cannot be corrected at once.

Deadline for appeals

The regulations expand the deadline for filing an appeal.

The appeal is formalized presenting a reasoned submission to the Secretary of the judge which handed down the decision, within a period of 10 days starting from the notification of that decision, according to what is established in article 411.

Once received the appeal notifications, the Court of Appeals, within the next 20 days, decides regarding the admissibility of an appeal and decides on the origin of the questions set forth in a single decision. The Court will sustain the appeal and will decide regarding the basic issues, even when it feels that there exist some defects in its written presentation.

Source: DiarioLibre

March 25, 2015

Category: DR News |

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Last updated March 24, 2017 at 2:14 PM
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