Luis Abinader's Decrees: Anti Land Invasion: Owner now Only Need to Call the Police: Will it Work?

pinonuevo

Active member
Dec 7, 2020
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Roman

An overview of the criminal law system in the Dominican Republic​




Arrest and detention​

Dominican criminal law is applicable to both citizens of the Dominican Republic and foreigners who commit crimes within the territory of the Dominican Republic. Since foreigners visiting the Dominican Republic usually do not have permanent residence or ties in the Dominican Republic, foreigners accused of a crime may be kept under preventative detention throughout the investigation and trial process to prevent their departure from the country.

Under Dominican law, you may be arrested in a variety of circumstances. If your presence is necessary for an investigation, and there is sufficient evidence indicating that you may flee, hide or destroy evidence, you may be detained. Dominican authorities may confiscate your travel documents, such as your passport, while the investigation is ongoing, until charges are withdrawn or you complete your sentence. Please inform a Canadian consular official if this happens to you.

If you are arrested or detained in the Dominican Republic, you have the right to a lawyer and the right to remain silent. The lawyer can be present during any questioning and at any trial or hearing. If you cannot afford a lawyer, the Dominican government can provide you with a public defender. In the Dominican Republic, the law stipulates you are presumed innocent until proven guilty.

Under the Dominican Constitution, however, you may be held without charges for up to 48 hours while a prosecutor and the police conduct an initial investigation. The prosecutor may press charges against you based on the evidence. You will be released if there is insufficient evidence and the prosecutor declines to press charges.

If you are detained for more than 48 hours without being formally charged with an offence, you (or your representative or lawyer) areentitled to request a hearing to understand the reasons for your detention. At this hearing, you can request your release from prison while awaiting trial. The judge may order your release if you have been detained for more than 48 hours without being charged, or if there is insufficient proof of a crime to justify further detention. The prosecutor may appeal this ruling.

If you are released, you may be required to remain in the Dominican Republic until the conclusion of your case. The length of time you may be detained should not be longer than the minimum prison time under Dominican law for the crime(s) with which you are charged. You should proactively monitor the progress of your case and discuss any concern with your lawyer.

During all arrest and investigation procedures—interrogations, depositions, and court hearings—an official interpreter must be present if your native language is not Spanish. This interpreter is certified by the Supreme Court and appointed by the Dominican government. If an interpreter has not yet been appointed, you should request one. You should ask the interpreter to help you understand any document you may be required to sign. You do not have to pay for official translation services. In the event that you choose to hire a private translator, you will need to cover the fees yourself. The skills of Spanish-English interpreters can vary greatly, and skilled Spanish-French interpreters are not as easily available.



CommentComments:

Jonathan Williams



What else is new! The government does not enforce no laws; only when it benefits them or wealthy foreign land owners!!


Felix Arroyo

Lawless people living in a small island. There is no respect for the law, property and others. High density population is a menace to property! Hispaniola is on the brink of human failure where the mob rules the usage of resources. Good luck with your democracy!

nicholas

i was going to spend 150,000 USD for land but this is the very reason not to invest in the RD…. rent a apartment for 8,000 RD a month…keep your money in your US Bank uless you live here full time…. these Dominicans got this figured out and with no Government control……ummm….good luck


I’ve got people who have land in the DR and those that are interested in possibly investing in real estate in the DR. Those that did buy property are discouraged and are telling other Americans not to buy in the DR because the DR will not give them what is in America is called “clear title”. So how can I or lawyers in the DR honestly advise foreigners to buy property when Dominican Republic government hasn’t written laws protecting land owners or/and the Judiciary will not uphold or enforce those laws. (If any laws are written in the DR.)

Invacion de propiedad: Negocio de Agua y terreno contiguo: Autovia del Este Al lado de Aqua Park
Esta invacion se inicio ayer 10 am / los alejamos y hoy regresaron varios desconocidos incluyendo un tal Ñon, un tal Papa, un tal Antonio el mecanico, un tal Chichi , jairo, el pitri, robinson,coqui, papa,jairo,chichi y Non son los cabecillas ,.....y otros....
La policia de Juan dolio ha sido notificada , ayer y los desconocidos huyeron, hoy regresaron.
Le notificamos al Coronel Estrella y el Sargento Tórrez/Juan Dolio
 

CristoRey

Welcome To Wonderland
Apr 1, 2014
11,985
8,247
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I recommend to anyone who is serious about buying property in this country they come down and rent for at least 3 years before they make a purchase. They can thank me later.
 

johne

Silver
Jun 28, 2003
7,159
3,019
113

An overview of the criminal law system in the Dominican Republic​




Arrest and detention​

Dominican criminal law is applicable to both citizens of the Dominican Republic and foreigners who commit crimes within the territory of the Dominican Republic. Since foreigners visiting the Dominican Republic usually do not have permanent residence or ties in the Dominican Republic, foreigners accused of a crime may be kept under preventative detention throughout the investigation and trial process to prevent their departure from the country.

Under Dominican law, you may be arrested in a variety of circumstances. If your presence is necessary for an investigation, and there is sufficient evidence indicating that you may flee, hide or destroy evidence, you may be detained. Dominican authorities may confiscate your travel documents, such as your passport, while the investigation is ongoing, until charges are withdrawn or you complete your sentence. Please inform a Canadian consular official if this happens to you.

If you are arrested or detained in the Dominican Republic, you have the right to a lawyer and the right to remain silent. The lawyer can be present during any questioning and at any trial or hearing. If you cannot afford a lawyer, the Dominican government can provide you with a public defender. In the Dominican Republic, the law stipulates you are presumed innocent until proven guilty.

Under the Dominican Constitution, however, you may be held without charges for up to 48 hours while a prosecutor and the police conduct an initial investigation. The prosecutor may press charges against you based on the evidence. You will be released if there is insufficient evidence and the prosecutor declines to press charges.

If you are detained for more than 48 hours without being formally charged with an offence, you (or your representative or lawyer) areentitled to request a hearing to understand the reasons for your detention. At this hearing, you can request your release from prison while awaiting trial. The judge may order your release if you have been detained for more than 48 hours without being charged, or if there is insufficient proof of a crime to justify further detention. The prosecutor may appeal this ruling.

If you are released, you may be required to remain in the Dominican Republic until the conclusion of your case. The length of time you may be detained should not be longer than the minimum prison time under Dominican law for the crime(s) with which you are charged. You should proactively monitor the progress of your case and discuss any concern with your lawyer.

During all arrest and investigation procedures—interrogations, depositions, and court hearings—an official interpreter must be present if your native language is not Spanish. This interpreter is certified by the Supreme Court and appointed by the Dominican government. If an interpreter has not yet been appointed, you should request one. You should ask the interpreter to help you understand any document you may be required to sign. You do not have to pay for official translation services. In the event that you choose to hire a private translator, you will need to cover the fees yourself. The skills of Spanish-English interpreters can vary greatly, and skilled Spanish-French interpreters are not as easily available.



CommentComments:

Jonathan Williams



What else is new! The government does not enforce no laws; only when it benefits them or wealthy foreign land owners!!


Felix Arroyo

Lawless people living in a small island. There is no respect for the law, property and others. High density population is a menace to property! Hispaniola is on the brink of human failure where the mob rules the usage of resources. Good luck with your democracy!

nicholas

i was going to spend 150,000 USD for land but this is the very reason not to invest in the RD…. rent a apartment for 8,000 RD a month…keep your money in your US Bank uless you live here full time…. these Dominicans got this figured out and with no Government control……ummm….good luck


I’ve got people who have land in the DR and those that are interested in possibly investing in real estate in the DR. Those that did buy property are discouraged and are telling other Americans not to buy in the DR because the DR will not give them what is in America is called “clear title”. So how can I or lawyers in the DR honestly advise foreigners to buy property when Dominican Republic government hasn’t written laws protecting land owners or/and the Judiciary will not uphold or enforce those laws. (If any laws are written in the DR.)

Invacion de propiedad: Negocio de Agua y terreno contiguo: Autovia del Este Al lado de Aqua Park
Esta invacion se inicio ayer 10 am / los alejamos y hoy regresaron varios desconocidos incluyendo un tal Ñon, un tal Papa, un tal Antonio el mecanico, un tal Chichi , jairo, el pitri, robinson,coqui, papa,jairo,chichi y Non son los cabecillas ,.....y otros....
La policia de Juan dolio ha sido notificada , ayer y los desconocidos huyeron, hoy regresaron.
Le notificamos al Coronel Estrella y el Sargento Tórrez/Juan Dolio
In the article above who is it that wrote the "comments comments"? Reason I ask: The article that is well written alludes to a government agency and the OP title brings Luis and company into the picture. The "comments comment" part was written by someone with poor english grammar and expresses a contrary view of the law without any substantiation. That part should be separated by the OP and made to be" comments from DR1 members" . Those comments as it now stand are intertwined with the subject title.Not right.

My comments are IMO ONLY and may be viewed by others with a contrainian viewpoint .
 
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