Attacked and Left for Dead at a Dominican Republic All-Inclusive Resort

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jimmythegreek

Guest
If you were not confused, then you were wrong. I was attempting to be civil.

How was I wrong? Tell me where the conciliatory stage is listed in Articles 259, 260 or 261 of the codigo procesal penal of DR.
 
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KyleMackey

Guest
Violence or perceived violence against tourists almost always gets reported. Violence against Dominicans rarely does.
Just last week, a young woman was found dead in a field in Veron. She had been stabbed 24 times. The People tabloid magazine did not grant an interview to her family.

Yep. Resorts are very very safe. There has been some crap reporting by trying to tie in this matter with the deaths of the couples from NY and MD......which was a car crash and the seemingly something accidental be that an OD or gas leak from a water heater....who knows.
 
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Caonabo

Guest
Yes, I guess it is. The price has dropped from 300 and something to 100 and something a night. I forget the exact amounts. It should be safer than ever right now................

….or as safe as it always was.
 
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jimmythegreek

Guest
One does not need a lawyer for a criminal complaint. The fiscal came to my house when I was attacked and took my statement. No lawyer present. Then I had to go to her office in Santiago Rodriguez to see the medical examiner and do my complaint again where is was typed up. Fiscals do not travel with laptops and printers. This is only 2019 remember. Once typed up and printed I signed it and was given a copy on the spot. Cost zero. Lawyer zero.

Matilda

But that is merely a dennuncia that you filed in that office. Wait 'til the coordinator tries to 'Archivo Provisional' or Archivo Definitvo' your case. The courts-Judge will not accept merely a dennuncia to do an objection to the archive of the Ministerio Publico and will claim that you need a querella-even though the articles 31 and 283 of the codigo procesal penal say both can be satisfactory.
 
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Caonabo

Guest
How was I wrong? Tell me where the conciliatory stage is listed in Articles 259, 260 or 261 of the codigo procesal penal of DR.

Do you need a lawyer to file a criminal complaint in nature within the confines of the RD?
 
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jimmythegreek

Guest
Do you need a lawyer to file a criminal complaint in nature within the confines of the RD?

You won't be able to get your objection of the coordinator's attempt to archive your case without a querella filed-even though articles 31 and articles 283 of the codigo procesal penal republica dominicana state 'dennuncia o querella'.
 
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Caonabo

Guest
You won't be able to get your objection of the coordinator's attempt to archive your case without a querella filed-even though articles 31 and articles 283 of the codigo procesal penal republica dominicana state 'dennuncia o querella'.

I am going to do my good deed for the day.....
jimmythegreek you are correct.
Good luck in your avenues and pursuits.
I see the world through different lenses. Have a blessed evening.
 
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cavok

Guest
How come the woman could not file a criminal complaint from the hospital with assistance from the police? Why did they have to go to a courthouse in Higuey? Why does one need a lawyer for a criminal complaint?

Maybe that's possible, but as far as I know, the complainant has to do that in person, and to file a querella, you need a lawyer. Jimmythegreek would probably know, that's why I asked him. The legal system here is not the same as in the US.
 
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KyleMackey

Guest
Yes, I guess it is. The price has dropped from 300 and something to 100 and something a night. I forget the exact amounts. It should be safer than ever right now................

Normal pricing seems to be in effect,
$1,767 per person, 5 nights, deduct about $325 for airfare, looking $293 a night.
Late June travel quick search on Apple.

$1,926 for 6 nights via Vacation Express.
 
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jimmythegreek

Guest
When you say "complaint", are you referring to a denuncia or a querella?

You can merely file a denuncia, but it won't have the same inertia in the courts as a querella according to the Courts-Judge. Just don't try to file an objection with only a denuncia-even though I think it should be acceptable, but the courts-judges say it has no inertia.
 
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Matilda

Guest
As far as I am aware (husband is a lawyer doing a master's degree in criminal law and process) a denuncia and a querella/demanda are two different things. The first is a complaint about something. The second has to name the person against whom you wish to bring a lawsuit or wish to pay for damage he/she has caused. You cannot file a querella without naming the person who you are complaining about. Cost to file is free and you do not need a lawyer but it has to be filed by the victim or the person affected by the crime. In this case the victim did not know the name of her assailant hence she could only file a denuncia.

Matilda
 
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jimmythegreek

Guest
As far as I am aware (husband is a lawyer doing a master's degree in criminal law and process) a denuncia and a querella/demanda are two different things. The first is a complaint about something. The second has to name the person against whom you wish to bring a lawsuit or wish to pay for damage he/she has caused. You cannot file a querella without naming the person who you are complaining about. Cost to file is free and you do not need a lawyer but it has to be filed by the victim or the person affected by the crime. In this case the victim did not know the name of her assailant hence she could only file a denuncia.

Matilda

Well you can have the imputados listed in the denuncia as well. I haven't seen where you can file a querella without a lawyer, but who knows maybe this is possible I actually filed a recurso de apelacion to a judge's resolution from an objection hearing without a lawyer-which probably can not be done-LOL.
 
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cavok

Guest
As far as I am aware (husband is a lawyer doing a master's degree in criminal law and process) a denuncia and a querella/demanda are two different things. The first is a complaint about something. The second has to name the person against whom you wish to bring a lawsuit or wish to pay for damage he/she has caused. You cannot file a querella without naming the person who you are complaining about. Cost to file is free and you do not need a lawyer but it has to be filed by the victim or the person affected by the crime. In this case the victim did not know the name of her assailant hence she could only file a denuncia.

Matilda

You say you do not need a lawyer to file a querella, but is there some formal process/procedure and/or documents, all of which I'm sure would have to be done in Spanish, that the average tourist would not be able to do on their own?
 
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jimmythegreek

Guest
You say you do not need a lawyer to file a querella, but is there some formal process/procedure and/or documents, all of which I'm sure would have to be done in Spanish, that the average tourist would not be able to do on their own?

Another thing about filing a querella is that victims can be framed. The so called investigative body could deem your evidence to be inadmissible and then the other party-imputados could file a lawsuit against the querellante for defamation and/or even extortion possibly. The imputados in combination with the other parties in the process could turn the whole thing the other way against the querellante. This is why a denuncia should be more than satisfactory to complete an investigation (especially with hard evidence in hand) vs. just archiving cases away as though they don't ever need to investigate anything at all. LOL.
 
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william webster

Guest
Yes, I guess it is. The price has dropped from 300 and something to 100 and something a night. I forget the exact amounts. It should be safer than ever right now................

Any price drop might be attributable to the seasonal fluctuations....

I remember getting a great deal just before the Christmas price hike.... not at the Majestic
I used to ski the week after New Year.... flights and rooms really low (slowest travel week of the year)
and - needless to say - less crowds
Ideal time to vacation....
 
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Riva_31

Guest
In this case as she didnt know the name of the aggressor was denuncia, so the police will make the investigations to find out who was the aggressor, Querella involve you provide name and address of the aggressor.
 
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dulce

Guest
Normal pricing seems to be in effect,
$1,767 per person, 5 nights, deduct about $325 for airfare, looking $293 a night.
Late June travel quick search on Apple.

$1,926 for 6 nights via Vacation Express.

I got my prices from TripAdvisor only.
 
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