20
Aug

Homicides in the Dominican Republic are regulated in articles 295 et seq. of the Criminal Code.

According to the law, indirect victims, that is, the relatives of the deceased, in a criminal proceeding for homicide, are guaranteed the right to participate in all stages of the criminal process. Indirect victims can receive legal assistance from a private attorney in addition to representation by the Public Prosecutor’s Office. They are also entitled to receive ongoing information regarding the progress and outcome of the case, and may file a civil claim within the criminal proceeding to seek compensation for both moral and material damages, if they so choose.

Right to participate and to be informed

The victim can actively participate from the preliminary investigation phase to sentencing, presenting evidence, appealing decisions, and requesting protective measures.

They also have the right to be informed by the Public Prosecutor’s Office or the court about the proceedings, updates on the investigation, and the final ruling, in accordance with the Code of Criminal Procedure.

Right to assistance and protection

The victim may be assisted by a legal representative of their choosing.

In addition, when threats to life or a feeling of insecurity arise, the victim may request precautionary measures, such as restraining orders, to safeguard themselves and their witnesses.

Right to participate as a civil claimant

In addition to the criminal action, the proceeding allows for a civil action to be brought within the same case file to seek compensation for damages and losses. Therefore, the victim may be represented by an attorney and pursue the corresponding civil claim for reparation.

The “civil claimant“ is a person who has been affected by the crime and decides to participate in the criminal proceedings to claim compensation for the damages suffered. In homicide cases in the Dominican Republic, this typically includes the parents, children, partner, or siblings of the deceased victim.

Steps for Becoming a Civil Claimant in the Case

1. Filing of the civil party claim:  It must be submitted in writing, specifying the amount claimed and the basis for the claim.
2. Court admission: The judge reviews the legitimacy of the petition and admits the civil party if the legal requirements are met.
3. Evidentiary phase: The civil party presents expert and fact witnesses to substantiate the material and moral damages alleged.

Reparation for Damages

The reparation may include:

• Material damages: Funeral expenses, loss of income, and medical costs.
• Moral damages: Emotional distress.
• Consequential damages and loss of profit: Income or earnings lost as a result of the homicide.

Enforcement of the reparation order

Once the sentence is enforceable, the victim may request the court to impose enforcement measures, such as asset seizures, to ensure compliance with the awarded compensation.

Steps to take if you are involved or related to the victim

1. Immediate complaint or formal accusation: Contact the National Police or go to the Public Ministry to formalize the claim.
2. Preservation of evidence: Take pictures, gather the contact information of the witnesses, and request the collection of evidence at the scene.
3. Legal advice: Hire a criminal lawyer to guide you through every stage of the process and defend your rights.

Steps to pursue a criminal case

At the beginning of the criminal process, the aggrieved party presents a complaint or formal accusation to the competent prosecutor’s office, which then initiates the criminal proceedings. Subsequently, the Public Prosecutor’s Office carries out a preliminary investigation in which it collects all the necessary information, with expert reports, official findings, and other evidence, in order to determine if there are sufficient grounds to proceed with the criminal case.

After the basis of the accusation has been presented, the hearing of coercive measures is convened. In this hearing, the judge will decide whether to impose pretrial detention or other guarantees.

After this stage, the process enters the trial stage, where all the evidence presented by the parties is examined.

Finally, after sentencing is rendered, the parties may appeal to the Court of Appeals, if they do not agree with the decision.

At our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Criminal Law equipped to assist you with any questions or concerns you may have regarding homicide cases in the Dominican Republic.