He explains that this civil procedure must wait more than 4 years to be initiated.
Holy Sunday.- The lawyer Cesar Amadeo Peralta, explained that the request by Subbarayudu Konanki and Sreedevi Komamki, parents of the young medical student Sudiksha Konanki, who disappeared in the early hours of March 6 on a beach in Punta Cana, to have her declared dead, does not proceed legally.
Amadeo Peralta indicated that, in light of the Dominican criminal procedural order, the petition lacks legal value, as it is inadmissible without the existence of the body that can certify with an autopsy that it is the person who has disappeared until now. Sudiksha Konanki so that she can be declared dead accurately.
The lawyer maintains that The Public Ministry and all the authorities involved in the investigation and search for the missing young woman will not rest until they find the truth. This is a matter of public action that must be concluded even without the participation of the missing woman's family, especially since it is an incident that is causing serious reputational damage to the tourism industry, especially since it is a matter of national security that cannot be left unresolved.
Amadeo Peralta, expressed that in the civil code of the Dominican Republic there are provisions contained from article 112 to 140 that speak of the declaration of absence of a missing person and that it is a civil procedure that will take more than 4 years to start, that the absence must be declared by a motivated sentence of a civil judge, never declaring the death and that this is done to allow the family in the Dominican Republic to access the administration and disposition of the assets of the missing person and allows the husband or wife to enter into a new marriage, which is not the case with the young woman who is still missing today.
For this the Civil Code It provides, among other things, the following.
Art. 115.- When a person has been absent from a home or residence and has not been heard from for four consecutive years, the interested parties may request the court of first instance to declare the absence.
You may be interested in: Sudiksha Konanki's family requests a legal declaration of death from the National Police.
Art. 116.- To establish the absence, the court, after examining all the documents submitted, will order a contradictory report to be filed with the prosecutor in the district to which the address belongs and in the district of the residence, if they are different from each other.
Art. 117.- When ruling on the claim, the court will take into account the true reasons for the absence and the reasons that prevented it from receiving news from the individual presumed to be absent.
Art. 118.- The Prosecutor will forward the rulings to the Attorney General of the Republic, who will make them public, as soon as they are issued.
Art. 119.- The ruling on the declaration of absence will not be issued until one year after the judgment ordering the information.
Please note that the parents, in the letter, express their willingness to comply with the legal procedures required to formalize the application. They assure that they are prepared to provide any documentation or comply with the formalities required in the process.
This case remains under investigation by local authorities, who remain hopeful of clarifying the facts surrounding the young woman's disappearance, while her family faces the harsh reality of a possible tragic outcome.
