Age of Criminal Responsiblity in the DR?

One thing's for sure, it doesn't work in the DR like in NYC. For example, about two months ago I received a phone call from a distant cousin who told me that his mother and three sisters (ages about 11 to 15) were in jail at the San Juan de la Maguana police headquarters (el cuartel). He sounded very distressed, mentioning that they had been arrested the day before, over a fight outside the local school. I told him to call me back in about an hour. In the mean time, I found out the cell phone number of the Judge in charge of family affairs in San Juan, and proceeded to call her with a tone of voice that left no doubt about my authority. The Judge told me she had not been notified of the arrests by the local prosecuter. I told her of course not, since the police were trying first to sell the prisoners to the highest bidders (from among the local lawyers). I advised her about the new legal procedure, that their arrest was illegal, and that children were involved... When my cousin called me back in an hour, he confirmed that his mother and sisters had just been released. By the way, I'm not a lawyer :bandit:

Before the new Penal Code (C?digo Procesal Penal), when visiting a police station, it was difficult to get past the wake of buzzards (I mean lawyers ;-) hovering about... When my cousin called me from San Juan, two lawyers got on the phone offering their services. Traditionally, the police get a first shot at a prisoner, which means you can 'buy' the prisoner's freedom by paying a 'fine'. Once the police reports the prisoner to the prosecuter, then the 'fine' jumps several-fold, payable to the prosecuter plus the police, and if it gets all the way to the judge, then you're talking about big-money, all the while the buzzards (I mean the lawyers ;-) are picking at the carcass for what they can get... The new Penal Code tries to put a stop to this, and that's why most lawyers are against it. In many instances, children are locked up with the adult prisoners, and this is a very sad situation indeed.

The age of criminal responsibility in the DR is 13 (Article 223 of the Code of Minors). Children under that age cannot be charged with a criminal offense.

Actually, Dominican law defines as a ?child? any person under the age of 13 (Principle II of the Code of Minors). Therefore, children as legally defined in the Dominican Republic are not criminally responsible for their acts.

Adolescents, defined as persons 13 years or older but not yet of legal age (18) are criminally responsible. However, their cases come under the jurisdiction of special courts and the sentences they may receive are capped at 3 years for ages 13 to 15, and 5 years for ages 16 to 17.

More questions

Mr Guzman, what would happen if a ten year old child were to break a vehicle window to gain entrance to the vehicle and were caught inside the vehicle. If he is unable to be charged are his parents then obligated to pay damages?

In reference to the 1,143 students in the polit?cnico in Invivienda who have had no classes for a month due to no electricity which is caused by the State failing to pay their bill. Does the Dominican law allow the people to file suit against the State for violation of Section 1, article 8 paragraph 16 of the Constitution of the DR and Ley 66-97, T?tulo I, Cap?tulo I, Art. I ? Ley Org?nica de Educaci?n de la Rep?blica Dominicana?

Parents are responsible for the damages caused by their children (Art. 1384 of the Civil Code).

You may file suit against the State and even obtain a favorable judgment. The problem lies in enforcing it.

Here's one for Dr. Fabio Jos? Guzm?n...

what about when children are the 'damaged party', and the 'damaging party' is the State. For example, children in public schools in the Province of Ban? haven't had classes for the last two weeks, something about the teachers being on strike for back pay or pay raise. Can the children sue? and how?

question to Mr. Guzman

What can be done to a kid below the age of Criminal Responsibility in the U.S. to prevent him or her from more dangerous acts?
Thanks

cuplhuang said:

What can be done to a kid below the age of Criminal Responsibility in the U.S. to prevent him or her from more dangerous acts?
Thanks

Click to expand...

U.S.?

Eddy said:

U.S.?

Click to expand...

I am sorry , it was my first time visit here, and I did not know much about this board. Would you like to tell me something about it? like what country most of the posters are from

Since I am a senior law student in China, I am interested in what laws abroad are like. So answers to what the law of your country is gonna do under such circumstance are always welcome.

In China, kids below 14 who act what the penal law forbids will not be charged.

cuplhuang said:

I am sorry , it was my first time visit here, and I did not know much about this board. Would you like to tell me something about it? like what country most of the posters are from

Click to expand...

Hi cuplhaung,
The main rule here is All-Things-Dominican-Allowed

We've got posters from USA, Canada, the DR and more (there's a thread somewhere with all our current locations noted).

We try not to offend for the most part and don't take well to the offensive, stick around and it may prove helpful/amusing.

Stay well,
Amy

Mirador, when children are the "damaged party", their parents can sue in their behalf.