How much personal protection is allowed by Dominican Law?

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batich

Guest
Recently I read a story here about an intrusion into a person`s house and attempted robbery and murder.
In this regard I have a question for people familiar with Dominican Criminal Law. How much self-defence is allowed?
For instance in USA practically no physical self-defence is allowed at all. If somebody is forcing into your home and you fight him and injure or kill him YOU go to jail.

If a thief breaks in into your home and your dog injures or kills him - YOU go to jail.
Practically you are required to let the crime be committed (against your property, your wife, your children) and then to call to police or lawyer and complain and ask to punish them. If you take your own and your family safety in your own hands - you are in big trouble.

Some time ago there were bad people who did bad things in our very decent neighbourhood. We called police. I asked an officer - Can I fight a criminal physically if he tries to do something to my home? The answer was - NO! If you fight him - one of you goes to the morgue and another - to jail. If anything , you only may call us, and we take care (if we arrive not too late)

What is the situation in DR? If I have a guard dog in my home or in my property and he kills an intruder - do I go to jail?
If I kill an intruder while protecting my home, my kids, my wife - do I go to jail?

As of now I am not going to kill anybody, just want to know what is said in the Law.
Thank you in advance!
 
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eztxb

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Jul 17, 2006
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reply from texas

my understanding from here has always been if someone is in your house to harm you or your property you can make them dead Period!!!,,,, just dont let him crawl outside before his last breath.
 
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Rick Snyder

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Nov 19, 2003
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Here is an article concerning self defense and its general acceptance in the US. Basically the laws are the same here with the exception of proving the case as the police here have the ability to decide if the case will even be prosecuted or an arrest made.

I think it is important to remember that in the use of defense of property, self or others against an assailant that if said assailant does in fact have a weapon in his hand as he lays on the floor and that weapon happens to have your blood on it and corresponds to an injury on your body that the availability of proving the need for defense is greater for you and yours.

Rick
 
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Bob K

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Aug 16, 2004
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In Colorado we had a "make my day law". This is what it was actually called. If you killed someone breaking in to your house you had a get out of jail free card. It has been used over and over again as a defense and has stood the test of time and lawyers. Great law.;)

Bob K
 
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texasgal

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Jul 17, 2006
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I agree with eztbx. In Texas if you are in fear of your life or your family's lives, you have the right to defend yourself as needed. My brother is a Harris County Sheriff Deputy and he says it like this. If you kill 'em at night, they have to be on your property or in your house; you kill 'em in the daylight, better drag 'em into your house.
Since we do have the concealed handgun laws, it takes a crazy person to mess with anyone.
 
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Rick Snyder

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Nov 19, 2003
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I must point out that you do not have the arbitrary right to use what ever force you wish and is the reason the brother, who is a policeman, states the circumstances that must prevail in order for a case to hold up in a court of law.

It must also be noted that with the civil law, as it is structured in the US, an assailant or their estate can take a person that has used force against said assailant to court and the burden of proof is very low in comparison to a case of the state. Here in the DR such a civil law is virtually nonexisting as are civil cases.

Rick
 
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Fabio J. Guzman

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Jan 1, 2002
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The principles of self-defense under Dominican law are very similar to the ones posted by Rick Snyder above.

Civil cases are very common in the D.R. Contrary to the U.S., the victim has the choice of suing for civil damages either at the criminal trial or at a totally separate civil trial. Most victims do the first. That?s why in most criminal trials you have three parties: the prosecutor, the defendant and the ?parte civil? requesting damages. It can happen that the defendant is acquitted from all criminal charges but is found liable civilly. A recent example was the libel case brought by Hernani Salazar vs. Vincho Castillo. Vincho was acquitted from the libel charge but was condemned to pay RD$1 million pesos in damages.
 
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Rick Snyder

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Nov 19, 2003
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Mr Guzman I stand corrected in my references to civil cases here in the DR as pointed out in your explanation.

I must also state that in the case of civil suits against wrongful death here in the DR I have failed to see any published cases. This could be due to the failure of the media to cover such cases but then again I fail to read every paper every day so there is the possibility that I have missed such reporting.

I have read a number of human rights papers to know that the DR has a dismal record of prosecution for such crimes committed by the police force. The recent lynchings and other cases of the citizenry taking the law into their own hands are examples where I feel that no prosecution by the state or civil courts will take place but I could be wrong.

Rick
 
B

batich

Guest
in simple words, if I see an armed intruder in my house in the middle of the nigtht I have no right to strike first? I must wait until he uses his knife or gun and to react only after this correct? If I am still alive. Otherwise I will be sent to electrical chair or will have to pay three million pesos.
 
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Rick Snyder

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Nov 19, 2003
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You need to read or reread the link that I supplied in post #3 as that explains how the laws are structured for the use of defense to protect property, self and other persons. If there is a doubt then the general rule is for the defendant to insure that there is no doubt.

Rick
 
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Don Juan

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Dec 5, 2003
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Not to worry.

batich said:
in simple words, if I see an armed intruder in my house in the middle of the nigtht I have no right to strike first? I must wait until he uses his knife or gun and to react only after this correct? If I am still alive. Otherwise I will be sent to electrical chair or will have to pay three million pesos.
Click to expand...

You won't be sent to the "electric chair". There's no death penalty in DR.
I'm guessing the maximum for homicide is 20 years in prison. You could, however, do much less with good behavior and a few thousand pesos contribution to the warden's favorite charity.;)
 
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Eddy

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Jan 1, 2002
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batich said:
in simple words, if I see an armed intruder in my house in the middle of the nigtht I have no right to strike first? I must wait until he uses his knife or gun and to react only after this correct? If I am still alive. Otherwise I will be sent to electrical chair or will have to pay three million pesos.
Click to expand...

I have yet to see anyone killing an armed intruder found guilty in this country. I personally have a couple of friends who killed would be theives and after a few months of legal crap where exonerated and even got their "piece" back. (With an attaboy) I might add.
 
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CyaBye3015

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Jan 8, 2003
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texasgal said:
My brother is a Harris County Sheriff Deputy and he says it like this. If you kill 'em at night, they have to be on your property or in your house; you kill 'em in the daylight, better drag 'em into your house. /QUOTE]

Sounds like in the DR you'd better drag him to a house on the other side of town. :ermm: :ermm: :ermm:
Click to expand...
 
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Joell

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Mar 23, 2006
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do you need a permit to carry a weapon in the DR and IF SO WHAT ARE THE REQUIREMENTS?.......
 
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IFR_Pilot

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Sep 22, 2006
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batich said:
Recently I read a story here about an intrusion into a person`s house and attempted robbery and murder.
In this regard I have a question for people familiar with Dominican Criminal Law. How much self-defence is allowed?
For instance in USA practically no physical self-defence is allowed at all. If somebody is forcing into your home and you fight him and injure or kill him YOU go to jail.


Uhhhh... Hmm... Well, clearly you have no clue about US law... Its not that cut and dried sir.

Sorry, can't comment on DR law, but you are are totally wrong about US law concerning self defense.

Qualifier: Spent 5 years as a law enforcement officer., trained with several state and Federal law enforcement agencies.. Have carried a gun almost daily for the past 16 years and no I'm not from Texas. Have trained at least a thousand men and women in CCW law in the US.

Most states use the 'opposing, neutralizing force' standard when considering excessive force. If you are an 'average joe' citizen bascially you can use whatever opposing force necessary to neutralize the situation. The standard is even higher for law enforcement officers acting in the course of duty.
Click to expand...
 
Hillbilly

Hillbilly

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Jan 1, 2002
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There is a story going around, quite possibly anecdotal, that tells of a woman who heard an intruder in her property (say back yard)...She called 911 and told the Police about the situation. The cops told her that there were no patrols nearby to her residence and to hang on. At least 20 minutes.

She waited a few minutes, 4 or 5 minutes, and called back. She told the police: Look I called a few minutes ago and reported that a man had entered my property. Well I just killed him with a 12 ga. shotgun and he is dead!

Within two minutes there were dozens of cops swarming all over the place: SWAT teams, DNCD sniffers, a deputy from Congress, reporters, a helicopter and major police officials. They caught the thief red handed as he struggled to get in a window at the back of the house.

The police brass accused the woman: "You said you had killed the thief!!!" And she answered: "Any you said there were no police available to assist me!!!

HB, who suggests doing what you have to do, no matter what.
 
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jaguarbob

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Mar 2, 2004
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batich said:
Recently I read a story here about an intrusion into a person`s house and attempted robbery and murder.
In this regard I have a question for people familiar with Dominican Criminal Law. How much self-defence is allowed?
For instance in USA practically no physical self-defence is allowed at all. If somebody is forcing into your home and you fight him and injure or kill him YOU go to jail.

If a thief breaks in into your home and your dog injures or kills him - YOU go to jail.
Practically you are required to let the crime be committed (against your property, your wife, your children) and then to call to police or lawyer and complain and ask to punish them. If you take your own and your family safety in your own hands - you are in big trouble.

Some time ago there were bad people who did bad things in our very decent neighbourhood. We called police. I asked an officer - Can I fight a criminal physically if he tries to do something to my home? The answer was - NO! If you fight him - one of you goes to the morgue and another - to jail. If anything , you only may call us, and we take care (if we arrive not too late)

What is the situation in DR? If I have a guard dog in my home or in my property and he kills an intruder - do I go to jail?
If I kill an intruder while protecting my home, my kids, my wife - do I go to jail?

As of now I am not going to kill anybody, just want to know what is said in the Law.
Thank you in advance!
Click to expand...

you must not live in Florida...there you can shoot first...same as here...
bob
 
B

batich

Guest
IFR_Pilot said:
batich said:
Recently I read a story here about an intrusion into a person`s house and attempted robbery and murder.
In this regard I have a question for people familiar with Dominican Criminal Law. How much self-defence is allowed?
For instance in USA practically no physical self-defence is allowed at all. If somebody is forcing into your home and you fight him and injure or kill him YOU go to jail.


Uhhhh... Hmm... Well, clearly you have no clue about US law... Its not that cut and dried sir.

Sorry, can't comment on DR law, but you are are totally wrong about US law concerning self defense.

Qualifier: Spent 5 years as a law enforcement officer., trained with several state and Federal law enforcement agencies.. Have carried a gun almost daily for the past 16 years and no I'm not from Texas. Have trained at least a thousand men and women in CCW law in the US.

Most states use the 'opposing, neutralizing force' standard when considering excessive force. If you are an 'average joe' citizen bascially you can use whatever opposing force necessary to neutralize the situation. The standard is even higher for law enforcement officers acting in the course of duty.
Click to expand...


Of course I believe you, Sir!

What I`ve said was what a NY police officer told me when I asked him if I may protect my family and my home against violent intruders physically.
Click to expand...
 
H

HOWMAR

Silver
Jan 28, 2004
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batich said:
For instance in USA practically no physical self-defence is allowed at all. If somebody is forcing into your home and you fight him and injure or kill him YOU go to jail.

If a thief breaks in into your home and your dog injures or kills him - YOU go to jail.
Click to expand...

Once again, you are clueless in what you post. Until an intruder begins his retreat, a homeowner can use all reasonable force to neutralize an intruder.
 
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