Over the weekend, Dominicans became aware that the quest for more impunity for legislators and government officials, the Church and the military, is behind the fast-tracking of a Penal Code Bill that passed in the Senate on Wednesday, 3 July 2024, moving to the Chamber of Deputies.
Once a selection of ludricous articles contained in the Penal Code that passed in the Senate were made public, journalists such as Huchi Lora on his Esta Misma Semana were prompt to blast the Senate-approved bill.
The three grounds for abortion have always been the smoke screen for the Penal Code, but as outgoing deputy Jose Horacio Rodriguez said he discovered in his short term in Congress, what is most important for the legislators is to insure their continued impunity.
This time around, the ruling party legislators have received the most criticism. The ruling PRM party is majority in Congress. PRM president of the Senate, Ricardo de los Santos defended the bill that passed in the Senate on grounds it includes 70 new clauses to combat crime.
Minister of the Presidency Joel Santos had announced weeks before that the Presidency would be submitting a new Penal Code, but Ramon Rogelio Genao (PRSC-La Vega), with the support of the president of the Senate Ricardo de los Santos (PRM-Sanchez Ramirez) beat him to the gun and submitted to the floor a version of the Penal Code that had stagnated him Congress, with or without some changes. The bill would receive the positive vote of 20 senators and pass in a second reading. The present Senate ends its term in office on 26 July 2024.
The Children and Teenager Cabinet (head by First Lady Raquel Arbaje) and the Conani, the government body in charge of protecting vulnerable children, were prompt to speak out against the Penal Code as passed in the Senate. The statement makes it unlikely to be enacted by the President in the unlikely case it passes in the Chamber of Deputies with the controversial clauses.
Huchi Lora in his “Esta Misma Semana” weekly news wrapup program blasted the bill calling it a setback in civil advances that had been made in the country. He mentions crimes by the military would be moved to military courts. He highlighted the including of a 20-year expiration period for corruption crimes would make the Odebrecht bribe crimes in the Dominican Republic one of the crimes to immediately expire.
Social media was on fire with posts, as the passed Penal Code was shared with the general public, including a listing by Soberano Awards make-up artist Jhonaly Guzman with several of the controversial articles and his remarks on Tik Tok:
“Article 14 exempts churches from criminal liability. This means that if your son or daughter is raped by a priest or pastor, the bishop who kept the aggressor in their position and covered up their crimes cannot be sued, and the church does not have to compensate the victim.
“Article 123 on domestic violence does not penalize violence by parents and guardians against children when there is “no pattern of violence or physical abuse,” under the argument of discipline and correction. This means you can beat a child to the point of hospitalization, but if you claim it’s not a pattern, there’s no issue.
“According to Article 134, without penetration, there is no sexual assault, which allows the rapist to opt for other forms of aggression, such as forcing the victim to masturbate them. Additionally, if sexual assault is committed by a partner, the punishment is reduced by half.
“Article 185 eliminates discrimination based on sexual orientation. This means that simply being gay or lesbian could lead to denial of employment, arbitrary dismissal, refusal of entry to public or private places, eviction from one’s apartment, denial of medical care, etc.
“According to Article 302, excessive and irrational use of police or military force resulting in injuries or permanent disability is punishable by one to two years in prison. This means that even if the victim is left blind or paralyzed, the military aggressor faces the same penalty as someone who steals a cow (see Article 244 on cattle rustling).
“Article 303 grants privileged jurisdiction to the military, allowing them to judge themselves using their own codes of justice when crimes occur within the military sphere. This implies, for example, that a female military member harassed by a superior or raped by fellow guards cannot seek justice through regular courts.
“Article 130 regarding protection measures for victims of domestic violence excludes the seizure and custody of firearms owned by the aggressor. Hundreds of Dominican women have been victims of femicide because authorities allowed their aggressors to remain armed.
“Article 328 establishes a 20-year statute of limitations for corruption against public assets. This means that officials who embezzle from the state cannot be prosecuted after the established period, regardless of circumstances or evidence.
“Theocracies enforce religious dogmas by law; Article 109 shows that some “democracies” do too.
“According to Article 187, discrimination will only be pursued “upon public action at private instance.” This means authorities cannot independently pursue discrimination cases, even with complaints, which disproportionately affects poor individuals who cannot afford legal proceedings.
“Article 109, which penalizes abortion without exception, grants the worst of our political class the right to decide on the lives, bodies, and dignity of women.
“Article 109, which penalizes abortion without exception, places us to the right of Iran, Saudi Arabia, and Afghanistan in terms of reproductive rights.”
Read more:
Esta Misma Semana – Codigo Penal 1
Esta Misma Semana – Codigo Penal 2
Esta Misma Semana – Codigo Penal 3
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El Caribe
8 July 2024