Self Defense ??

Lobo Tropical

Silver
Aug 21, 2010
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Self Defense

Under Dominican law, self defense requires: (a) a certain, imminent and unjustified attack, and (b) a necessary and proportional response.

I don't think the first part needs explanation. As for the second, "necessary" means you can't do anything else (like running away) but defend yourself. ?Proportional? means that you can only kill if you are about to be killed: if somebody is about to beat you up with his fists, gunning him down with a machine gun is not a proportional response, and therefore it?ll be considered homicide.

To be serious for once.
The use of force model is in effect in many countries.
Your response to an attack has to be in relation to the attack
The force reasonably necessary to prevent or stop an offence.
In countries which operate under common law there is the presumption of innocence.
You are innocent until proven guilty. The burden of proof lies with the prosecution.
Under Napoleonic Code (civil law which also includes criminal law) you are guilty until you prove your innocence.
In the DR law is based by the Napoleonic Code.
As an example when you drive you want to have Casa del Conductor insurance. In case of injury of others you will be in jail till things are cleared up.
Of course Mr. Guzman is the local expert who practices law and we should defer to him for factual info.
In any case avoid confrontation whenever possible.
In real live situations the attacked is always at a disadvantage because of the law.
Vicious or lethal response which is sometimes needed to protect yourself or loved ones is always second guessed, and you have to prove your case.
It would be nice if vicious criminals could dealt with on their level.
I do not want to rehabilitate, just want to make sure they're not given a second chance.
 

SKY

Gold
Apr 11, 2004
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I did in fact kill someone in the DR in self defense. I don’t like to bring it up as it was covered here in detail when it happened. So I will just say that it was in fact ruled self defense six months later and my licensed gun was returned to me.

But caution, if you do not hold a DR Passport you will spend at least 3 months in jail while they investigate it. If you are a citizen you can get bail. I hold a DR passport so I was granted bail at 20,000 rd.
 

Chuck T

Banned
Nov 30, 2010
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geesh , I'm about to visit the DR with intentions of moving there and soundes to me like the wild west all over again
 

gilligan

New member
Jun 27, 2011
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Thanks william - I've never visited the part of the DR where I had to sleep with a bayonet or walk with a knife and I stayed off-resort. No one tried to attack me, but many people went out of their way to smile and offer me help, whether I needed it or not. No gracias and muchos gracias work well. I look forward to coming back.
 

william webster

Platinum
Jan 16, 2009
30,247
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I think you will find more problems in the higher traffic tourist areas.

I live in a quiet area..... no bars on the windows.... yes, dogs and watchman.....
"Far from the madding crowd".... not a beach town.

You are exactly right.... mind your own business, be polite and the local residents will be very warm and accepting.

Have fun.......

The wild west comment has more to do with freedom and lack of regulation - try driving !!
Not the danger part..... but , make no mistake... there are places you should not go..... there are obviously dangerous - easy to spot.
 

gilligan

New member
Jun 27, 2011
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I'm leaving a place with too many regulations for a place with too few regulations... at least in the DR there is room for progress.
 

Kipling333

Bronze
Jan 12, 2010
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The answer is that if you seriously injure or kill someone , you are very likely to spend the night at the police staion or in the local prison while the police do an investigation . It is also correct that the person that you have killed or injured or his family will take legal action against you and that in the first hearing you may have to ask for bail...which is non refundable . You need to have a good Dominican lawyer who can both negotiate and frighten the other party .. Most worrying is that false witness is the norm in cases such as this so the other party will not tell the truth .
the same situation can arise in bad car accidents ...my advice is to go to extreme lengths to avoid the situation .