Curfew fines skyrocketing

AlterEgo

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computer translation:

Lowest fine now goes up 900%

ByDomingo Berigüete
-
01/16/2021
With the new provision of the Attorney General's Office, the lowest fine for violation of the curfew will now go up 900%, compared to the previous amount.
The PGR had set the highest fine at 1,000 pesos, and now it will be a minimum wage, which corresponds to 10,000 pesos.

When revoking the general instruction on prosecution and sanctions for non-compliance with the curfew, the Attorney General of the Republic, Miriam Germán Brito, ordered that the members of the Public Ministry must ensure that citizens who violate the health regulations established in the curfew are submitted to the Justice of the Peace of the corresponding jurisdiction that hears misconduct matters.

The Public Ministry must continue to ensure that, based on the legal system, the fines imposed on citizens never exceed between one and ten minimum wages, as established in the General Law of Public Health, No. 42-01.

The magistrate guaranteed the public that the Public Ministry will never stop fulfilling its functions and its obligation to pursue sanctions against those who fail to comply with the measures adopted by the competent authorities to guarantee public health.

Article 153 of the General Health Law stipulates penalties of between 1 and 10 minimum wages (between RD $ 10,000 and RD $ 100,000) for those who fail to comply with the measures adopted by the health authorities to prevent and control communicable diseases.

"They are considered violations of this law and will be sanctioned with fines ranging between one and ten times the national minimum wage established by the legally competent authority," states the aforementioned legal regulations.

The fixation of previous amounts was due to the interest of the Public Ministry to offer a kind of opportunity criterion to mitigate the taxable sanction in the case of behaviors that are considered less harmful, as well as a common parameter to proceed and avoid discretion.

The Attorney General's Office reinforces its interest in strengthening the rule of law and reminds the legal community and the political leadership of the need for a constructive debate that provides solutions, the entity maintains.

He recalled that at the time of initiating the state of emergency a year ago, the Dominican Republic, like many countries, found itself faced with the need to act in the face of a pandemic that surprised the whole world. For that reason, he intuits, the rules applicable to those who violate measures against the pandemic.

 

windeguy

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Jul 10, 2004
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At the time of initiating the state of emergency-

A year go.

Time flies now like Chinese Covid torture.
 

JD Jones

Moderator - Covid 19 in DR & North Coast
Jan 7, 2016
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If you're gonna play.. you're gonna pay.

Hey! So far over 92 Million into the General Funds account. Some politician saw that, their eyes lit up and thought, "Hey, we're onto something here."
 

Caonabo

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Sep 27, 2017
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"When revoking the general instruction on prosecution and sanctions for non-compliance with the curfew, the Attorney General of the Republic, Miriam Germán Brito, ordered that the members of the Public Ministry must ensure that citizens who violate the health regulations established in the curfew are submitted to the Justice of the Peace of the corresponding jurisdiction that hears misconduct matters."

This is the overlooked key takeaway from this new directive.
Previously, these fines (multas) were collected in the police barracks (cuarteles policiales), which was a subject of conversation not only nationwide, but here within DR1 as well.
The Attorney General (Procurador General) Miriam Germán Brito reversed course, and has correctly revoked this process, which was contested by the Institutional and Justice Foundation (Fundación Institucional y Justicia) because those accused of alleged curfew violations were not given the opportunity to defend themselves before a judge (Juzgado de Paz/Justice of the Peace) as required by RD law. As well, only judges possess the legal authority to rule and issue such fines, not the Public Ministry.
All those detained for violating the toque de queda, must now be brought before a judge.
Violations can still be met with fines (multas), but not to exceed one and ten minimum wages (uno y diez salarios mínimos), as established by the General Law of Public Health 42-01 (la Ley General de Salud Pública 42-01).

.
 

JD Jones

Moderator - Covid 19 in DR & North Coast
Jan 7, 2016
3,568
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"When revoking the general instruction on prosecution and sanctions for non-compliance with the curfew, the Attorney General of the Republic, Miriam Germán Brito, ordered that the members of the Public Ministry must ensure that citizens who violate the health regulations established in the curfew are submitted to the Justice of the Peace of the corresponding jurisdiction that hears misconduct matters."

This is the overlooked key takeaway from this new directive.
Previously, these fines (multas) were collected in the police barracks (cuarteles policiales), which was a subject of conversation not only nationwide, but here within DR1 as well.
The Attorney General (Procurador General) Miriam Germán Brito reversed course, and has correctly revoked this process, which was contested by the Institutional and Justice Foundation (Fundación Institucional y Justicia) because those accused of alleged curfew violations were not given the opportunity to defend themselves before a judge (Juzgado de Paz/Justice of the Peace) as required by RD law. As well, only judges possess the legal authority to rule and issue such fines, not the Public Ministry.
All those detained for violating the toque de queda, must now be brought before a judge.
Violations can still be met with fines (multas), but not to exceed one and ten minimum wages (uno y diez salarios mínimos), as established by the General Law of Public Health 42-01 (la Ley General de Salud Pública 42-01).

.
it's gonna be tough to manage. I've only seen one judge named to hear these cases. Have you seen any?

Will we be trading hundreds of people being detained for hundreds of people waiting in line to see a judge?
 
Feb 7, 2007
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"When revoking the general instruction on prosecution and sanctions for non-compliance with the curfew, the Attorney General of the Republic, Miriam Germán Brito, ordered that the members of the Public Ministry must ensure that citizens who violate the health regulations established in the curfew are submitted to the Justice of the Peace of the corresponding jurisdiction that hears misconduct matters."

This is the overlooked key takeaway from this new directive.
Previously, these fines (multas) were collected in the police barracks (cuarteles policiales), which was a subject of conversation not only nationwide, but here within DR1 as well.
The Attorney General (Procurador General) Miriam Germán Brito reversed course, and has correctly revoked this process, which was contested by the Institutional and Justice Foundation (Fundación Institucional y Justicia) because those accused of alleged curfew violations were not given the opportunity to defend themselves before a judge (Juzgado de Paz/Justice of the Peace) as required by RD law. As well, only judges possess the legal authority to rule and issue such fines, not the Public Ministry.
All those detained for violating the toque de queda, must now be brought before a judge.
Violations can still be met with fines (multas), but not to exceed one and ten minimum wages (uno y diez salarios mínimos), as established by the General Law of Public Health 42-01 (la Ley General de Salud Pública 42-01).

.

I see it the same way. Now if you are legally astute, you can argue your way out. Possibly postpone the hearing and prepare a legal challenge to the accusation for your defense.

I did that at a traffic court and I won. A 1200 pesos fine dismissed with 8 page ruling . It's the same Juez de Paz that will now handle this (same as traffic cases).
 
Feb 7, 2007
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it's gonna be tough to manage. I've only seen one judge named to hear these cases. Have you seen any?

Will we be trading hundreds of people being detained for hundreds of people waiting in line to see a judge?

No I don't think it works that way. You are detained for the night and then given a citation to appear in court. But I guess I will find out on Monday with my lawyer friends. In any case you can not be legally held more than 24 hours without seeing a judge.
 
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JD Jones

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No I don't think it works that way. You are detained for the night and then given a citation to appear in court. But I guess I will find out on Monday with my lawyer friends. In any case you can not be legally held more than 24 hours without seeing a judge.
Exactly. You'll be standing in a line at the court. A line is a line. It would be great if they had a lot of judges, but I don't believe that will be the case.

Let us know how it goes pls..
 
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Feb 7, 2007
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Exactly. You'll be standing in a line at the court. A line is a line. It would be great if they had a lot of judges, but I don't believe that will be the case.

Let us know how it goes pls..

I'll ask them what will be the process and will let you know. They probably won't know till Monday afternoon or so, as this was just announced last night.
 
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CristoRey

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I can't think of a better way to punish the average Dominican citizen.
They do this and I guarantee you Luis will be a one term President.
 

Caonabo

27 de Febrero
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I can't think of a better way to punish the average Dominican citizen.
They do this and I guarantee you Luis will be a one term President.

Actually, it was the Institutional and Justice Foundation (Fundación Institucional y Justicia) and local provincial chapters of Human Rights Organizations (Organización de Derechos Humanos) that have been seeking this change/adjustment, in accordance with RD law.
 

CristoRey

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Actually, it was the Institutional and Justice Foundation (Fundación Institucional y Justicia) and local provincial chapters of Human Rights Organizations (Organización de Derechos Humanos) that have been seeking this change/adjustment, in accordance with RD law.
Understood but try telling that to the average Dominican.
No one I know (and I know a lot of people down here)
is happy with El Jefe at the moment. Ultimately he will take
the blame for better or worse.
I don't vote down here so that's all I say about it.
 
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Caonabo

27 de Febrero
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Understood but try telling that to the average Dominican.
No one I know (and I know a lot of people down here)
is happy with El Jefe at the moment. Ultimately he will take
the blame for better or worse.
I don't vote down here so that's all I say about it.

Yes, acknowledged and understood....BUT....to those same people, THEY are the ones running to the local provincial chapters of the Derechos Humanos and complaining every hour of the day, for their 2 minutes of fame on tv and radio.
All the social media posts (too many various editions to mention) have all been moaning about the same thing. Some very valid, others not so much. This was the legal result of what transpired.
Again, fully in agreement that a person in Monte Cristi, Neyba, or San Jose de las Matas could give a rat's arse about President Abinader's friends or holdings within Punta Cana.
 
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