6
Feb

A Travel Ban in the Dominican Republic may apply for both Dominicans and foreign nationals and is nothing more than a restriction from leaving the country. This restriction may be issued by court order at the request of one of the parties involved in the proceedings.

What are the reasons why a Travel Ban would be implemented in the Dominican Republic?

• When a person is subjected to justice in criminal matters, a judge may order this ban through a sentence, either because the individual missed a hearing without justified cause and is declared in Contempt, as established in article 100 of the Dominican Criminal Procedure Code; or as a coercive measure in accordance with article 226 of the code in question.
• A Travel Ban might also be established as a coercive measure, in order to ensure that the person does not leave the country and that the proceedings in question are carried out.
• Another scenario in which travel restrictions might be implemented is if the person has not complied with Alimony payments imposed through a sentence. In these cases, the subject of the travel restriction may leave the country if they pay one year in advance of the established amount, plus a deposit for the minor or their legal guardian, through an insurance agency of the plaintiff’s choosing, as established by Law 136-03 on the System of Protection and Fundamental Rights of Children and Adolescents.

If you would you like to learn more about Alimony, you may click  here.

• When it comes to minors, those who are subject to a precautionary measure established in Law 136-03, article 286.C will be banned from leaving the country.These measures are ordered by judgment when the child’s connection to an unlawful act has been proven. Outside of this case, underage individuals have no travel restrictions, but will require the authorization of their parents or legal guardian.

• Exceptionally, we can mention travel restrictions from a means of transport stated in Law 285 on Migration. This occurs when there is an inconsistency between the number of crew or passengers and the list where their records must appear to travel that given day.

The process to formalize a travel restriction is inherently institutional, which is why it cannot be conducted by an individual.

In accordance with Law 200 on travel bans, proceedings for these purposes begin with the prosecutor who has led the case, who sends the complete file including the sentence to the Attorney General, along with an instance that contains the general information of the individual who is the subject of the travel restriction. Subsequently, the Prosecutor sends that documentation to the General Directorate of Migration through the Minister of the Interior and Police.

A travel ban is not applicable in other cases, such as in civil, commercial and administrative matters that do not have criminal consequences, as well as those related to:

1. Minor police violations;
2. Traffic violations, such as driving under the influence of alcohol, without a seat belt, without a license, and red light violations, among others.
3. Collection Sentences or Credits Payable. This does not include violations related to bounced checks, since that falls under a different process. Infractions of this kind are subject to the sanctions established by the Dominican Penal Code for scams. In other words, if an individual is prosecuted due to a bounced check, IT IS possible to request a Travel Ban.

How do I know if a travel restriction order has been issued against me in the Dominican Republic?

• A written request must be submitted to the Attorney General for a certification that will specify if a ban has been issued or not.
• Copy of the Identity and Electoral Card (known in Spanish as Cédula) or passport of the requesting individual.
• You need to pay a tax called General Certifications.

Once the request has been submitted to know if the ban exists (and if so, to have it lifted), the certification will be issued a few days after.

How can a travel ban be lifted? What is the process?

The removal process is free and is carried out in the General Secretariat of the Public Ministry through the Travel Restrictions Division. The documents required are as follows:

• A letter addressed to the Attorney General, requesting to have the travel ban lifted.
• Copy of the Cédula or passport of the requesting individual.
• Copy of the sentence in which the prohibition is stated. If you are a defendant and missed a hearing, you would need to provide the sentence that orders the removal of the contempt status, which is only possible if you voluntarily present yourself before the authorities.
• A certificate of Non Appeal verifies that there is no request to reverse the decision made in regard to your case.

Certificates of Non Appeal are processed by the court that was handling the case and are initiated by way of a request which must be attached, an instance requesting the certification, a copy of the sentence, a copy of the notification of the sentence, a receipt of RD$30.00, a tax of RD$30 and another of RD$50 pesos that can be purchased at the General Directorate of Internal Taxes.

In order to validate the certificate of Non Appeal, once you have the sentence you would need to wait for the deadlines established by law to elapse, if an appeal has not been submitted by an interested party during that time, the certification may be requested.

These deadlines may vary, when it comes to alimony the deadline to appeal is 3 days from the date of the notification of the preliminary hearing sentence, issued by the judge before the trial. After the trial and once a sentence is issued, the deadline to appeal is 10 days. Based on the Criminal Procedure Code, the deadline for appealing is 5 days from the date in which the parties involved were notified of the sentence.

The other coercive measures require the presence of the subject or location control, therefore, by nature, these measures make it difficult to leave the country. These measures are:

• The obligation to submit to the care or monitoring of a person or institution.
• The obligation to appear periodically before the judge or the designated authority.
• The placement of electronic pagers.
• House arrest.
• Preventive custody.

The only exception is the presentation of an adequate economic guarantee, given that despite the existence of a judicial process, the individual may be allowed to leave the country if there are no other coercive measures in place. However, this is not recommended because if the target of a formal accusation by the Public Prosecutor’s Office is unjustifiably absent, it may seem as if the individual is attempting to flee. This may prompt the opposing party to request a more severe coercive measure or, as a last result, preventive detention.

In our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Criminal Law. Through this division we can assist you with any questions or concerns you may have in matters of Cybercrime, Complaints, Harassment, Travel Restrictions, Fraud, and/or Blackmail. Our attorneys are available to assist you anywhere you might be in the Dominican Republic and the rest of the world, through our Online Consultation tool or In-Person in our firm.