The president of the Senate, Eduardo Estrella (Dominicanos por el Cambio – Santiago) did not include the about 400-article Penal Code on the Tuesday, 3 August 2021 agenda. There had been speculation senators of the ruling Modern Revolutionary Party (PRM), the Dominican Liberation Party (PLD) and the Social Christian Reformist Party (PRSC) had agreed to fast-track the bill received from the Chamber of Deputies. And that the vote would take place on Tuesday, 3 August 2021.
Diario Libre reports that the document with the recommendations for passing the Penal Code as received from the Chamber of Deputies was not drafted in the special Senate committee for this purpose and thus could not be signed. The document required the signature of Ramon Rogelio Genao (PRSC- La Vega), Santiago Zorilla (PRM-El Seibo), Franklin Romero (PRM-Duarte), Virgilio Cedano and Dionis Sánchez (Fuerza del Pueblo- Pedernales). Sánchez is abroad and Santiago Zorilla has tested positive with Covid-19 and is hospitalized. Genao says there is still sufficient time for the bill to pass before the end of the legislature on 15 August 2021.
PRM Senator Antonio Taveras Guzmán complained that the special committee entrusted with reviewing the Penal Code bill received from the Chamber of Deputies had voted to approve it without amendments, despite hundreds of observations of major flaws in the bill. Senator Taveras Guzmán said the vote by Zoom violates the Senate regulations.
Attorney General Miriam German had visited on 3 August 2021 and delivered a list of 11 key points that needed to be changed or the penal code would be unviable. The prosecution department has presented an extensive list of recommendations for changes that have been ignored by the majority of senators.
First Lady Raquel Arbaje has spoken up for children. She is concerned that the Senate pass the Penal Code as received from the Chamber of Deputies when it contains provisions against the welfare of children. The First Lady presides the Children and Adolescents Cabinet.
News analysts alert against the fast-tracking of the bill. The analysts say the rush is to pass the so-called “Pacheco Code” that has reinstated a clause that establishes that military be tried in military courts and sent to military jails.
PRM Senator Antonio Taveras Guzman, Yvan Lorenzo, Pedro Catrain, Faride Raful complain they have had less than a month to review the 400-article code received from the Chamber of Deputies. Taveras Guzman said there are major differences between the Penal Code and the Penal Code Procedures, lenient fines, political parties are exempt from penalties, among others.
Senator Taveras alerted on Tuesday, 3 August 2021 that the intention of several influential senators is to submit the bill to the floor and request that it be fast-tracked without a thorough reading. He says there is no reason to rush and approve a bill that leaves so many doors open to crime. He says the bill can be back on the floor for discussions on 17 August 2021 when the new legislature resumes. He said it is a lack of respect to invite around 20 national and international organizations to make proposals for change and then not consider their recommendations. He said the Senate does not allow Zoom meetings for voting on the issues.
President Luis Abinader always has the possibility of vetoing the fast-tracked bill. Former President Danilo Medina on two occasions vetoed the Penal Code when it passed in both chambers. Medina was an advocate of including the three exceptions for the allowing of abortion in the Dominican Republic.
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Senator Antonio Taveras
El Zol de la Mañana
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Diario Libre
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Listin Diario
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El Dia
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4 August 2021