Deputies approve 75 changes to Penal Process Code

[NewsWhore]

After just one reading, the Chamber of Deputies approved the changes to the Penal Process Code yesterday, modifying 75 articles in order to bring it in line with the reality of Dominican society, which is faced with growing criminality. The initiative, submitted by the spokesman for the PLD deputies, Victor Suarez, was approved by 129 deputies and will be reviewed in a second reading next Tuesday. Within the changes, the maximum preventive custody term was raised to three years in order to apply the criteria of opportunity by the Justice Department, bruises and wounds caused by domestic violence are moved into the criminal arena, also being moved from the criminal arena to private action is the invasion or occupation of property as well as writing bad checks. The time limit for preventive prison increases to 36 months in cases that are declared complex, the status for the investigators under reserve for cases whose possible sentence is equal to or greater than three years is broadened, and the reservation of identities is increased to 18 months. The deadline to answer an appeal is extended to 10 days in ordinary cases and the deadline to present the appeal of a sentence to 20 days, and the answer to the appeal of a sentence to 10 days. The Justice Department is authorized to capture the person convicted and send him to the Judge for Execution of Sentences for remand. The application of plea-bargaining is prohibited in cases such as illegal possession of a firearm or a violation of the Drug Law, and conciliation in domestic violence cases is only allowed if there is no danger to the physical and psychological integrity of the victim. Moreover, the request for a conditional suspension of the sentence in cases of domestic violence is prohibited, although the sentence does not exceed the limit established in the Code, free legal assistance is assigned to the victim and her right to be present at the hearing, is preserved, although the Justice Department withdraws the case, the right of the plaintiff to request a declaration of contempt by the defendant is recognized. The additional deadline for the duration of all ordinary penal cases is expanded, and the beginning of the timeframe is marked as beginning with the request for coercive measures or the presentation of the charges. The judge is authorized to issue search warrants of places during the night in drug trafficking, kidnapping or terrorism cases and the authorization held by the National Police to request authorization for search warrants for private houses in the absence of the Justice Department or due to urgency is withdrawn. Preventive custody is automatically enforced for crimes whose possible sentence is 20 years or longer. Preventive custody is also automatic after the sentence of conviction is read in the first instance for crimes that involve depriving the victim of freedom, the immediate payment of a fine or travel restrictions when the court is dealing with monetary crimes and the suspension of a driver's license when the infraction is of the traffic laws.

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