2024News

President Abinader unveils legislative initiatives to combat organized crime and protect victims and witnesses

On Tuesday, 3 December 2024, President Luis Abinader presented two key legislative initiatives to the National Congress via the Senate, aimed at strengthening the criminal justice framework in the Dominican Republic.

The proposed laws are the Bill on the Prosecution and Judicialization of Criminal Organizations and the Bill on the Care, Legal Representation, and Protection of Victims, Witnesses, and Persons at Risk.

In the accompanying submission to Congress, the President emphasized that the first initiative addresses one of the region’s most pressing challenges—the fight against organized crime in all its forms. The goal is to safeguard the integrity of the social and democratic rule of law in the country.

The proposed law aims to establish clear, effective rules for detecting, prosecuting, judicializing, and penalizing organized crime, in line with international standards. The bill specifically defines criminal organizations as two or more individuals who form or promote a group with specific roles to secure economic or other benefits for themselves or others through a range of criminal activities. These include money laundering, terrorism financing, weapons proliferation, human trafficking, drug trafficking, arms smuggling, financial crimes, environmental offenses, contract fraud, and organized assassination, among others.

Additionally, the bill addresses offenses related to power structures, conspiracy, influence peddling, fraud, and obstruction of justice.

The second initiative responds to the social reality faced by victims, witnesses, and persons at risk in the aftermath of criminal acts, many of whom face economic and social barriers to accessing justice. The proposed law seeks to ensure the protection and legal representation of these individuals, addressing the gap in the current legal framework for supporting those affected by crime.

If approved, this law would represent a significant step forward in modernizing the country’s legislation, fulfilling a historical debt by ensuring equity between the accused and the victim in judicial proceedings. It would also meet the constitutional mandate for free legal assistance to those who cannot afford legal representation, particularly for the protection of victims’ rights.

A press release issued by the Presidency also reiterated the government’s commitment, particularly through the Executive Legal Advisory Office, to continue working on outstanding legislative reforms from the 2010 constitutional amendments, as well as those stemming from the new Constitution proclaimed on 27 October 2024.

These two new bills are part of a broader set of legislative initiatives that the government has been developing in collaboration with the Public Ministry to enhance the state’s legal framework in its fight against crime.

It is also worth noting that in October 2023, President Abinader introduced two significant bills on the illegal transfer of public or private real estate property and the full range of kidnapping offenses. Both are currently under review by the Senate.

An editorial in Diario Libre called the new initiatives “a significant stride in bolstering the Dominican Republic’s criminal justice framework.” The editorial says that the proposed anti-organized crime bill comprehensively addresses one of the nation’s most pressing challenges, criminalizing complex offenses such as money laundering, human trafficking, and contract killing, aligning with international standards. This initiative is not only intended to uphold the rule of law but also to dismantle criminal networks that undermine social and economic stability.

“Moreover, the proposed legislation to protect victims and witnesses addresses a longstanding issue within the Dominican judicial system. By providing safeguards for vulnerable individuals, the bill promotes greater procedural fairness and access to justice—fundamental pillars of any democratic society,” as per the editorial.

“If enacted, these laws would place the Dominican Republic among regional leaders in criminal legislation, solidifying the nation’s commitment to security and justice,” concludes the editorial writer.

Read more in Spanish:
Presidency
Diario Libre

4 December 2024