- Thread starter windeguy
- Start date
What is the penalty for having an illegal firearm?
The new arms law says": "l delito de posesi?n ilegal de armas de fuego, tendr? prisi?n de 3 a 5 a?os, multas de 50 salarios m?nimos y la confiscaci?n del arma;"Which translated is 3-5 years in jail, fine of 50 minimum salaries and confiscation of the weapon. Source: http://ensegundos.do/2016/06/11/conoce-la-nueva-ley-de-armas-en-republica-dominicana/
I think it also depends if it is a legal weapon but does not have an up to date license or if it is an illegal weapon. If the latter and it was previously used in a crime - deep doo doo.
Matilda
I think it also depends if it is a legal weapon but does not have an up to date license or if it is an illegal weapon. If the latter and it was previously used in a crime - deep doo doo.
Matilda
When they say this they mean the salary for one month. So if it were 10,000 rd per month just times it by 50.
Not advocating illegal guns, but if you do get caught with one remember that if whoever catches you arrests you they have to turn in the gun. So give up the gun and whatever cash you can to get out of there. Will save you a big headache. The gun is worth big money to any PN.
That is if it is the PN, any other unit it may not be possible.
That is if it is the PN, any other unit it may not be possible.
What if you don't have a job? There must be a min amount to pay? Sorry my phone isn't working great and i can't translate the link.
Minimum salary is more like RD$5,000 or a bit more so it is more or less RD$250,000. The fine has to be paid before your sentence is up - ie even though you have done the time you won't get out until the fine is paid.
To be honest the only way to get out of this is stop it getting to court. Pay up and get the file destroyed. Once the file - expediente - has made it into the legal system and the first court appearance to decide on remand terms you are up espout without a paddle.
Mat
To be honest the only way to get out of this is stop it getting to court. Pay up and get the file destroyed. Once the file - expediente - has made it into the legal system and the first court appearance to decide on remand terms you are up espout without a paddle.
Mat
The "minimum salary" is your salary, it's the prevailing minimum wage salary set by the gubmint.
All fines in the DR are set this way.
I did see something about proving insolvency as a way out of paying the fines. *Without money, there is always that issue of jail time.* *I see from what Matilda stated, that once the first court appearances are scheduled, there is no chance to just pay your way out of it at lower cost.* The system will run its course through a long, painful and expensive process.* The DR government is particularly down on gun ownership these days, making legal weapons very expensive to keep.*
Could the court system confiscate property such as land, houses, vehicles to pay for the fines?*
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I think you are getting confused.
1. If convicted of the crime, it involves jail time as well as payment of the fine of 50 minimum salaries. If you cannot pay the fine before you are released - you are not released until you pay. They will not take your house/ car instead of payment. You just stay in jail until you pay.
2. In order to get out before things get that far, you need to pay off the fiscal/police so that the file - expediente - never gets into the court system and before remand terms are set. The amount you have to pay has nothing to do with the amount of the fine related to the sentence on conviction. For a case involving illegal weapons his lawyer should be able to negotiate between RD$100k and RD$200k.
3. In this country, ignorance of the law is no defense. However, if it is not a crime to have an illegal weapon wherever this person comes from, that is not a defense as such, but may result in a decreased sentence. If he did not know the gun was illegal, if it was only kept in the home, those may both help a little.
4. Even if the case goes to court, he may still be able to get out - remember he will be on remand (in or out of jail) and he may be able to reduce the remand terms to being out of jail and on bail, and if he pays the bail he may get away with it.
If you need help - pm me.
Matilda
1. If convicted of the crime, it involves jail time as well as payment of the fine of 50 minimum salaries. If you cannot pay the fine before you are released - you are not released until you pay. They will not take your house/ car instead of payment. You just stay in jail until you pay.
2. In order to get out before things get that far, you need to pay off the fiscal/police so that the file - expediente - never gets into the court system and before remand terms are set. The amount you have to pay has nothing to do with the amount of the fine related to the sentence on conviction. For a case involving illegal weapons his lawyer should be able to negotiate between RD$100k and RD$200k.
3. In this country, ignorance of the law is no defense. However, if it is not a crime to have an illegal weapon wherever this person comes from, that is not a defense as such, but may result in a decreased sentence. If he did not know the gun was illegal, if it was only kept in the home, those may both help a little.
4. Even if the case goes to court, he may still be able to get out - remember he will be on remand (in or out of jail) and he may be able to reduce the remand terms to being out of jail and on bail, and if he pays the bail he may get away with it.
If you need help - pm me.
Matilda
Knowing that the laws for owning a shotgun are slightly different then a handgun, is getting caught with an unregistered shot gun viewed as "not quite as bad" or is that wishful thinking?
I suspect the only difference is that a shotgun could not be traced to a previous crime.*
Multiple Minimum wages in the DR
Wages (So many to choose from)*
Wages are freely negotiated between the employer and the employee but cannot be less than the legally-established minimum salary. Gratuities or tips are not considered part of the salary.
Minimum Salary
Minimum salaries are established by the National Salary Committee, a *dependency *of the Ministry of Labor, and vary according to business size or industry type. Current minimum salaries for the private sector, in Dominican pesos, are:
Business Size or Industry * * * *Monthly Minimum Salary in DOP
Large business * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 12,872
Medium-sized business * * * * * * * * * * * * * * * * * * * * * * * * * 8,849
Small business * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7,843.
Free trade zones * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *8,310
Tourism industry * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9,005
Farm workers * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 267 per day
from:
http://www.drlawyer.com/publication/labor-law/
Wages (So many to choose from)*
Wages are freely negotiated between the employer and the employee but cannot be less than the legally-established minimum salary. Gratuities or tips are not considered part of the salary.
Minimum Salary
Minimum salaries are established by the National Salary Committee, a *dependency *of the Ministry of Labor, and vary according to business size or industry type. Current minimum salaries for the private sector, in Dominican pesos, are:
Business Size or Industry * * * *Monthly Minimum Salary in DOP
Large business * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 12,872
Medium-sized business * * * * * * * * * * * * * * * * * * * * * * * * * 8,849
Small business * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7,843.
Free trade zones * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *8,310
Tourism industry * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9,005
Farm workers * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 267 per day
from:
http://www.drlawyer.com/publication/labor-law/
The monthly salary for the purposes of fines or sanctions imposed by DR government ministries, is the minimum wage in the public sector, which is about RD$5,000 and some small change, if it hasn't been updated in the past few months.