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Theft and fraud in the Dominican Republic are property crimes that affect thousands of Dominicans every year. Both can lead to prison sentences, fines, and compensation, but what differentiates them and how are they punished under Dominican law?
In the criminal justice system of the Dominican Republic, it cannot be stated without a doubt that fraud or theft is more serious than the other, since it depends on how the crime is committed, its consequences, and the circumstances of each case. The severity is assessed based on factors such as the use of violence, the monetary value involved, the type of deception used, or the harm caused to the victim.
Theft consists of fraudulently taking someone else’s movable property without the owner’s consent.
It is considered simple theft when there are no aggravating circumstances, and aggravated theft when there are aggravating factors such as violence, use of weapons, etc.
According to Article 379 of the Dominican Penal Code: “Whoever fraudulently takes something that does not belong to them is guilty of theft.”
Fraud occurs when someone uses deception, false names, or fictitious businesses to induce another person to voluntarily hand over money or property.
According to Article 405 of the Dominican Penal Code: “Article 405.- Those guilty of fraud, and as such incur correctional imprisonment of six months to two years and a fine of twenty to two hundred pesos, are: 1 – Those who, using false names and false capacities, or employing fraudulent schemes, make others believe in the existence of fictitious companies, imaginary credits, or powers they do not possess, with the intent to defraud all or part of others’ capital, causing or attempting to cause funds, banknotes, treasury notes, or any other public effects, movables, or obligations containing promises, dispositions, receipts, or discharges to be delivered or sent to them; 2 – Those who, in order to achieve the same purpose, cause the hope or fear of an accident or any other imaginary event. Those guilty of fraud may also be sentenced to the accessory penalty of absolute or special disqualification for the positions and duties referred to in Article 42, without prejudice to the penalties imposed by the Code in cases of forgery.“
Under Article 405 of the Penal Code, fraud is constituted through deception using false names, fictitious companies, or simulated credit to obtain others’ assets. Fraud occurs when:
Theft is classified under Article 379 of the Penal Code and is constituted by the fraudulent taking of an item that does not belong to the offender. For example, if someone enters a home without permission and takes a microwave to keep it, this qualifies as theft.
A simple Theft lacks aggravating factors. The penalty is 6 months to 2 years in prison, along with a fine proportional to the value stolen.
Aggravated Robbery involves violence, use of a weapon, or forced entry (e.g., breaking into a place), and carries a prison sentence of 2 to 10 years.
| Aspect | Theft | Fraud |
|---|---|---|
| Mode of action | Direct taking without consent | Deception to obtain consent |
| Consent | Absent | Present, but manipulated or vitiated |
| Use of violence | May involve violence | No violence involved |
| Example | Stealing a purse | Selling a vehicle without handing over the title |
Any victim of theft or fraud must file a complaint with the Public Prosecutor’s Office, providing evidence such as documents, photos, videos, and witness statements. A preliminary investigation is then initiated by the Public Prosecutor.
After this investigation, if the Public Prosecutor determines that the complaint has sufficient merit, a hearing is held to establish a coercive measure, which could be pretrial detention or a less severe measure. Finally, the case proceeds to trial before a criminal court.
At our law firm, Morillo Suriel Attorneys at Law, we have a specialized division in Criminal Law and theft or fraud cases, through which we can assist you with any questions or consultations you may have regarding a theft or fraud in the Dominican Republic.
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