Restoring the 2015 Code of Procedure would be a way out, states Servio Tulio

Santo Domingo.- The vice president of the Institutionalism and Justice Foundation, Inc. (Finjus), Servio Tulio Castaños, said that it could be a way out to re-establish the modification to the Criminal Procedure Code of 2015, with the considerations raised by the Constitutional Court, as suggested by the president of the Justice commission, Wandy Batista. Given the deadline of December 11th to approve a new code, Castaños considered that the Chamber of Deputies should evaluate alternatives so as not to rely solely on the piece approved by the Senate.

You may be interested in: President of the Senate: Today the Criminal Procedure Code will be released

"That is a proposal, approving what was approved in 2015 is a way out of the problem, but look at the prudence that the Chamber of Deputies has wanted to have, that in the face of a situation because the deadline is expiring, they have preferred to evaluate a possibility and not approve what the Senate approved as text, it is a prudent position," expressed Castaños. The jurist has reiterated that the Senate of the Republic approved an "exclusive" Criminal Procedure Code and hopes that the deputies will correct unconstitutional aspects of the document. It is reminded that in case the established deadline is not met, the Criminal Procedure Code approved in 2002 would come back into force, which does not respond to the current legal reality of the Dominican Republic. According to Batista, the text of the 2015 law remains valid except for the articles that the courts have declared unconstitutional through diffuse control. Finjus has submitted its observations to the Lower House regarding the Senate bill, including article 377 on procedural deadlines and the duration of pre-trial detention, and article 303 on the purpose of the preliminary hearing.

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