In an interview with El Día, corporate law specialist Eduardo Tavárez Guerrero urged business pay attention to new provisions in the Penal Code. He highlighted clauses under Article 8 of the new Dominican Penal Code introduce criminal liability for companies and can alter business operations across the Dominican Republic.
Under this updated framework, companies can now be held criminally responsible for offenses committed by their employees. Tavárez Guerrero explained that in corporate law, the traditional concept of an “offender” (delincuente) is replaced with “infractor” (infractor) to reflect modern corporate justice standards.
Businesses must have their internal control systems fully aligned before the transition period ends on 5 November. Regardless of revenue size, all enterprises are required to maintain active compliance programs to avoid asset liability resulting from employee omissions. Non-compliant organizations face steep financial penalties ranging from 100 to 1,500 minimum wages, alongside administrative disqualification from state contracting and public procurement. In cases involving severe criminal acts, courts hold the authority to order the total cessation of commercial operations—a measure described as “corporate death.”
To mitigate these severe penalties, companies can demonstrate judicial good faith by establishing effective internal controls. Courts may reduce sentences if a firm proves the existence of anonymous ethics reporting channels, anti-extortion protocols, and internal fraud prevention mechanisms.
The mandate applies to organizations of all sizes, placing an added administrative burden on small and medium-sized enterprises (MSMEs). To address personnel constraints in smaller entities, the law allows micro and small business managers to act as their own compliance officers. However, to safeguard company assets against rogue executives who misuse this authority, the law protects corporate leadership if they discover administrative irregularities, immediately terminate the involved manager, and file a formal legal complaint with the authorities.
Read more in Spanish:
El Dia
24 August 2026