New precedent: Supreme Court holds parents responsible for murder committed by son

The Supreme Court of Justice ruled against the parents of a minor who had rejected the annulment of a court ruling that established they were responsible for damages caused by their son in San Francisco de Macorís, Duarte province. The court had ordered the parents to pay an indemnity of RD$750,000 for the death of a woman caused by their son.

The ruling SCJ-SS-22-0038 dated 31 January 2022 establishes that the parents have civilian responsibility for the damages of their minor children when the fault can be attributed to a lack of watch over their offspring on their part.

The Supreme Court ratified the decision of the Court of Appeals of Children and Teenagers of San Francisco de Macorís that suspended the serving of the jail sentence but ordered the parents to pay the victim’s relatives RD$750,000.

The decision was issued by Supreme Court judges Francisco Antonio Jerez Mena, Nancy Salcedo Fernandez, Fran Euclides Soto Sanchez and Francisco Antonio Ortega Polanco.

The Supreme Court based its decision on the provisions of Article 1384 of the Civil Code on the liability for damages caused by the person for whom it is responsible; also, Article 69 of Law No. 136-03, which creates the Code for the System of Protection and Fundamental Rights of Children and Adolescents, on parental responsibility, as well as Article 242 of the before mentioned law on the civil action that falls on the parents, unless the child has his or her own patrimony.

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17 May 2022