Bribing a Public Officer in the Perfomance of his Public Duties

NoMoreSnow

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Where I am from that would result in the immediate dismissal of the employee and criminal charges laid against the indiviudual.

Is this done OPENLY in the DR or do you surreptitiously slip them a sealed envelope (marked with DNA and finger print evidence)?
 
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NoMoreSnow

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Robert how do I get this over in "Legal"

In addition to hearing from the "lay-experts" I would like appreciate hearing from Mr Guzman on the legality of this practice in the DR.
 

Robert

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It's like anything. It's how you do it and who you do it with.

Sometimes it's easier to pay a few pesos to get something done.
Often it's the only way to get something done :)
 

MikeKO

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This is an interesting thread, but, to me, the question is how do you acomplish the task without making waves. If this is a sensitive issue, please send an email.

Mike
 

Fabio J. Guzman

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Jan 1, 2002
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Art?culo 177 del C?digo Penal (Modificado por la Ley del 26 de Feb. 1952):

El funcionario o empleado publico, del orden administrativo, municipal o judicial, que, por d?diva o promesa, prestare su ministerio para efectuar un acto que, aunque justo, no est? sujeto a salario, ser? castigado con la degradacion c?vica y condenado a una multa del duplo de las d?divas, recompensas o promesas remuneratorias, sin que, en ningun caso, pueda esa multa bajar de cincuenta pesos, ni ser inferior a seis meses el encarcelamiento que establece el articulo 33 de este mismo c?digo, cuyo pronunciamiento ser? siempre obligatorio. En las mismas penas incurrir? el funcionario, empleado u oficial p?blico que, por d?divas o promesas, omitiere ejecutar cualquier acto l?cito, o debido, propio de su cargo. Se castigar? con las mismas penas a todo arbitro o experto nombrado, sea por el tribunal, sea por las partes, que hubiere aceptado ofertas o promesas, recibido dadivas, o regalos, para dar una decisi?n o emitir una opini?n favorable a una de las partes.


Articulo 179.- El que con amenazas, violencias promesas, d?divas, ofrecimientos, o recompensas, sobornare u obligare o tratare de sobornar u obligar a uno de los funcionarios publicos, agentes o delegados mencionados en el articulo 177, con el fin de obtener decisi?n favorable, actos, justiprecios, certificaciones o cualquier otro documento contrario a la verdad, ser? castigado con las mismas penas que puedan caber al funcionario o empleado sobornado.

Las mismas penas se impondr?n a los que, vali?ndose de id?nticos medios, obtuvieren colocaci?n, empleo, adjudicacion o cualesquiera otros beneficios o que recabaren del funcionario cualquier acto propio de su ministerio, o la abstenci?n de un acto que hiciere parte del ejercicio de sus deberes.

Sin embargo, si las tentativas de soborno o violencias hubieren quedado sin efecto, los culpables de estas tentativas sufrir?n tan solo las penas de tres meses a un a?o y multa de cincuenta a doscientos pesos.

P?rrafo: en los casos de este art?culo, si el sobornante fuere industrial o comerciante, la sentencia podra incapacitarlo para el ejercicio de la industria o el comercio, por un periodo de dos a?os, a contar de la sentencia definitiva.
 

NoMoreSnow

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"Lay-Experts Jump In"

Lay-experts wanted with:

1.bilingual skills (able to read and write English and Spanish)
2.experience interpreting legal texts and statutes
3.strong interpersonal skills
4.fervent belief in social justice and humanitarian causes

Duties: to tell me what the law of the DR is on Public Officials and Bribery.

Consider it an opportunity to add a new "skill-set" to your resume --Spanish to English Translation
 
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Jim Hinsch

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Bottom line, it is just as illegal to offer a bribe to an official. Ah, but then many times the law only applies when someone finds it convenient.
 
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TiberiusMineola

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Dominican public "servants" - Moja la Mano!!

I'm a former attorney, from Massachusetts; I've been living here for 5 years. Police, judges, etc. are paid so little that "ouside" income is an essential part of their financial lives; perhaps necessary for survival, perhaps not. In my experience, all [or at least 95%] of Dominican government employees are simply self employed businessmen who have a government franchise. To get anything done, "moja la mano" - a Dominican expression that translates as "grease the palm" - an expression familiar to most Americans. Regardless of what the law says, this is the way the Dominican system works; everybody knows it, nobody is ashamed of it. 'When in Rome , . . . In fairness to the Dominicans, this is the way most of the world works, whether North Americans & Europeans approve of it or not. "Es la Vida!"
 

Janice

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Run in with "Police"

This reminds me of a somewhat "humorous" situation that occurred to my cousin (he is the one who convinced me to vacation in the DR as he has been doing so for 12 years) in 1990.

he and a friend were traveling from the airport to the Jaragua (sp) when they noticed a police officer 'chasing" them on an off road motorcycle, frantically signaling them to stop. Since my cousin nor his companion spoke any Spanish, a lot of hand waving and raised voices ensued. the officer started flipping through a book of USED summons's (he assumed that was what they were) and kept saying "you in big trouble". My cousin couldn't figure out the problem, but knew he needed his license which was sitting on top of his clothes in a carry on, having been placed there after he went through Immigration.

When he opened his carry on, with the police officer observing (maybe he thought he was getting a whole bag of money?), his wallet had flipped open displaying his Secret Service ID and shield. The cop's face drained of blood, he hopped on his motorcycle without another word and rapidly sped West, to Haiti perhaps?

In retrospect, my cousin said that many CIA and other US Govt agencies still operate quite openly in the DR and local police want nothing to do with them.

This is just as the story was related to me, I don't know what embellishments or parts were added to make it more "palatable", but given what I have read here regarding Dominican Police, I believe all of it

Janice (Way too early in the morning for me)
 

NoMoreSnow

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TiberiusMin

Assuming your are still an attorney and living in the DR, would you do it?

And as it is so common place and EVERY BODY does it, are people being charged? In otherwords is it a law on the books which is no longer applied?

The statute does seem dated --1952, that's fifty years old, half a century, perhaps its no longer "good law" as we would say in C/L jurisdictions.
 

Jane J.

ditz
Jan 3, 2002
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Hey NoMoreSnow, I translated Don Fabio's post for you. Legalese - yuck...

*************************************

The functionary or public official, by municipal or judicial administrative order, who lends his ministry to perform any act, legal or illegal, not secured by his salary, in return for a gift or the promise of a gift, will be punished by civic demotion and fined an amount double that of the gift, reward or promises of remuneration. The penalty for such acts may not be less than fifty ($50.00 RD) pesos in fines, nor less than six (6) months incarceration, as specified in Article 33 of this code. Also by this code, the functionary, public official or employee who accepts remuneration, or the promise of such, in exchange for the omission of execution of any licit, rightful acts that form part of his duty, will incur the same penalty, as well as any arbiter or expert, named by the tribunal or by other parties, who accepts offers or promises, or receives bestowals or gifts, in exchange for a decision or opinion favorable to those parties involved.


ARTICLE 179 ? He who bribes or obligates, or makes attempts to bribe or obligate, public officials, agents or delegates mentioned in Article 177, by means of threats, promises of violence, bestowals, offerings, or rewards, with the goal of obtaining a favorable decision, act, rendering of justice, certification or procurement of any other documents belying the truth, will be punished with the same penalties as those given to the functionary or bribed employee.

The same penalties will apply to those who use the same methods to obtain placement, employment, or any other benefits, or those who solicit from the official an action within his ministry or that the official abstain from executing any part of his duties.

However, if the bribes, threats or violence are not effected, the guilty parties will suffer only the penalty of three (3) months to one (1) year incarceration and a fine of fifty ($50.00 RD) to two hundred ($200.00 RD) pesos.

Paragraph: In all cases of this Article, if the subornation is industrial or commercial, the sentence and penalties could include the incapacitation of exercising practice of said industry or commerce for a period of two (2) years, from the time of sentencing.
 

Onions&carrots

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Nomoresnow a.k.a. wholly mammoth

Don't sweat it. Take 15 or 20 pesos from under all that fur and hand over to the cop with your tusk. As soon as you give him the money, begin to drive off slowly while you utter these words smilingly "Que Dios los bendiga."
 

NoMoreSnow

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and the winner is ..... "Jane J"

Thanks a MILLION!!! You have been awarded a Social Justice Medal of Honor ... for your kind efforts .....
 
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NoMoreSnow

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Now that I have read the law ....

This thing is ... BAD ... real BAD .....very BAD ..... terribly BAD

Can you see my sorry Canadian(or wholly mammoth) arss sitting in a DR jail for 6 months to 1 year ......

Maybe I can rely on Onions & carrots to post my bail ....
 
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Jane J.

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Jan 3, 2002
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Jane J. that was a very good translation. Do you do that for a living?
Sadly, Pib, I do that kind of thing for fun....
...I'm a geek...

NoMoreSnow, don't worry! If you get caught, I'm sure you could $$$*find a way out of it*$$$....

(I'm only joking - you really don't want to go to jail. Really...)
 
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TiberiusMineola

Guest
Do I "do it"? Discreetly, Yes.

This situation arises every day, attempting to get anything done. It's an inherent part of the culture; has been for centuries. I usually give the "propina" to a Dominican friend, who passes it on to the government official. It's do this, or wait months for a piece of paper, or something important. I got used to it. Survival is more important than the public ethcis of a foreign country. Based on my personal experiences, I don't think 95% of Dominican lawyers would hesitate 30" to keep the $ flowing. It's part of their culutre to; I mean, most of them. In the US, this CAN be a serious brach of the law for an attorney; if caught, he'll pay. Here, . . 'Otro dia, otro peso'.
 

NoMoreSnow

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Mr Guzman!!

A simple yes or no answer, please.

In the last 5 years have you or your firm defended anyone charged under this law?

Thanks
 

mobrouser

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in case you didn't catch the news today, some relevant reading material:

www.dr1.com/#7

it used to be possible to search the news archives, if it is still possible there are many fascinating articles on this topic.

mob
 

Alain

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Feb 12, 2002
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Eh, Nomoresnow!

Just a thought....

You seem pretty anxious to know about this....

Why would you need to bribe those respectable public servants? What kind of under-the-counter deal are you involved in?


Let us know, perhaps we'd be interested too!!!!!!!