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212 Dominican Republic

DOMINICAN REPUBLIC1

I. General Information

The Dominican Republic is a unitary state composed of 34 provinces and the National District, with atotal area of 48,730 km2. The country’s population in 2005 was 9,249,970, and an 8.8% increase isexpected over the next five years.2 According to ECLAC figures for 2005, 65.6% of the populationresided in urban areas,3 and the same year population age group distribution was as follows: 31%belonged to the 0-14 age group; 35.6% was between 15 and 34; 18.6% was between 35 and 49; 9.9%was between 50 and 64, and 4.8% was older than 65. Average life expectancy at birth for 2005-2010 is69 years for men and 73.9 for women, or 71.44 years overall.In 2005, 47.5% of the population was living in poverty and 24.6% in extreme poverty, 12.6% and 15.1%less, respectively, than the previous year.5 The Dominican Republic ranks 94th on the HumanDevelopment Index, in the average development range, and 7th in Latin America.6 Income inequality isfairly high, with a Gini Coefficient7 of 0.554 for 1998-1999, 0.544 for 2000-2002 and 0.5269 for 2003-2005. In 2005, the unemployment rate stood at 18.4%,8 while the illiteracy rate was 14.7%9 for adultsover 15.The 2005 GDP was US$ 21.080 billion, an increase of 17.4% over 2002.10 That year, per capita GDPreached US$ 2,370, an increase of 9% during 2000-2005,11 and equivalent to US$ 7,449 in purchasingpower parity. According to ECLAC indicators, the country’s GDP grew 9.2% in 2005 and 8% in 2006,with projected growth at 6% for 2007.

II. Judicial System Highlights

– Following consultation with citizens and majorpolitical parties, the preliminary draft of theConstitutional reform is ready to be sent toCongress for approval.

– The National Ethics Commission was createdFebruary 16, 2005 to fight corruption.

– The Chamber of Deputies passed into law thebill establishing jurisdictional control over theState’s administrative activities, creating theContentious- Administrative and TributaryTribunal.

– Law 437-06 establishing the Action forEnforcement of Rights (Recurso de Amparo)was passed on November 1, 2006.

– The Judicial Career Regulation of the PublicMinistry was approved on January 5, 2006.

– Law 448-06 on Bribery in Business andInvestment was published on December 8,2006 in the Official Gazette under Nr. 10,397,establishing a 10-year maximum prisonsentence for public servants who receive bribesor facilitate actions that affect internationaltrade or investment.

– In 2005, Law 108-05 on the Real EstateProperty Registry was passed, introducingprocedural modifications to the legalregistration of properties and property transfer.Law 108-05 becomes effective in April 2007,replacing Law 1542 of the Land Registry.

III. Institutions

1. Overall Structure and Operation of theJudicial System

The Dominican Republic’s judicial systemconsists of the Judicial Branch, the ConsejoNacional de la Magistratura (National JudicialCouncil) the Procuraduría General de laRepública (Attorney General’s Office) 12 and theOficina Nacional de Defensa Pública (NationalPublic Defense Office). The Comisionado deApoyo a la Reforma y Modernización de laJusticia (Commission Supporting the JudicialReform and Modernization) plays an essentialrole by coordinating most modernizationprocesses.

1 This report was mainly based on information submitted by the Supreme Court (Suprema Corte de Justicia) and the PublicDefender’s Office (Instituto de Defensa Pública).

213Report on Judicial Systems in the Americas 2006-2007

The just ice system is comprised ofinstitutions that belong to the three governmentbranches. The Legislative Branch drafts theConstitution and the laws; the Judicial Branch isresponsible for judging and ruling on disputesby applying the Constitution and the laws. TheMinisterio Público (Public Ministry) hasaccusatory powers in cases of public crime andis charged with administrating the penitentiarysystem.

The Dominican Republic has courts that do notform part of the Judicial Branch but do have theconstitutional or legal authority to resolve certaindisputes. These are the Junta Central Electoral,which rules on electoral disputes; SuperiorAdministrative Tribunal; Police Tribunal andMartial Court.13

2. Judicial Branch

2.1. Institutional Structure

The Judicial Branch manages justice throughthe courts and is responsible for protecting therights established in the Constitution, laws, andinternational treaties.

The basic structure of the Judicial Branch isgoverned by the Constitution14 and Law 821, theJudicial Act, passed on November 21, 1927 andits modifications.15 Law 64-97 confers theJudicial Branch autonomy in its administrativeand budgetary functions and Law 194-04 assignsit a fixed percentage of the national budget.

Its highest authority is the Supreme Court,which has national jurisdiction and includes thefollowing six bodies: the Supreme Court Plenary;the Joint Chambers; the Civil, Criminal, Land,Contentious-Administrative and Contentious-Tributary Chambers; and the Office of the ChiefJustice.

The Supreme Court is composed of 16 justices,each elected as irremovable by the NationalJudicial Council.16 It is charged with hearingcriminal cases filed against members of all publicbranches and operates as the Annulment Court,for which it is divided into three chambers. TheFirst Chamber hears civil and commercial cases;the Second, criminal cases; and the Third hearsland, labor, contentious-administrative andcontentious-tributary cases.

The Supreme Court is responsible for thefollowing:17

– To hear, in sole instance, criminal cases filedagainst the President and Vice-president of the

country, senators, deputies, secretaries of state,undersecretaries, justices of the SupremeCourt, the Attorney General, judges andprosecutors of the Courts of Appeal, stateattorneys before the Land Tribunal, judges ofthe Contentious-Tributary Tribunal, at therequest of the Executive Branch, the presidentof the House of Representatives or the Senateor the interested party.

– To hear appeals for annulment in accordancewith the law

– To hear in final instance cases heard in thefirst instance in the appeals court

The Dominican Republic’s legal systemoperates through 12 judicial departamentos,18

each of which has an ordinary court of appeal thatmay have full jurisdiction or be divided intospecialized chambers (criminal, civil, and/orcommercial). The law recently increased thenumber of courts, establishing more specializedjurisdictions; therefore, some judicialdepartments now have labor and juvenile courtsof appeal, as well as superior land courts. Firstinstance courts are presided over by a singlejudge in general, except for criminal cases, wherethe Criminal Procedure Code establishes thecreation of criminal collegiate courts forviolations that warrant a minimum two-yearsentence.

The second instance courts are usually thecourts of appeal. There are 11 ordinary courtsof appeal. Three have broad jurisdiction andthe o thers a re d iv ided in to e ight c iv i l -commercia l chambers and e ight cr iminalchambers, with the exception of the NationalDistrict, which has two chambers. There arealso five labor courts and five juvenile courts, aContentious-Tributary Court and two superiorland courts with nationwide jurisdiction. Inthose departamentos where there i s nospecialized labor or juvenile court of appeal,these matters come under the jurisdiction of thecivil-commercial chamber of the correspondingcourt of appeal.

The ordinary first instance courts function in35 judicial districts and may have broadjurisdiction or be divided into civil and/orcommercial and criminal chambers.

The Dominican Judicial Branch is composed of518 courts that hear all types of cases in allinstances.


Table 1Jurisdictional Instances in the Judicial Branch

Courts per Instance

Annulment Chamber 1

Courts of Appeal 43

First Instance Courts 261

Peace Courts 214

Total 518

Source: Personnel Records Division of the JudicialCareer Affairs Office.

Table 2Jurisdictional Instances per Section of the Judicial

Branch

Courts per Section

Criminal Courts 127

Civil Courts 51

Broad Jurisdiction Courts 13

Labor Courts 32

Juvenile Court (Children and Adolescents) 33

Land Courts 34

Sentencing Courts 11

Adolescent Sentencing Courts 2

Contentious-Tributary Tribunals 1

2.2. Government and Management

The Supreme Court Plenary is the maximumadministrative authority and the highestgoverning body of the Judicial Branch. Itsadministrative powers cover the following:19

– Motions to contest declination of jurisdiction– Appointment of judges to the appellate court,

Land Tribunals, first instance courtrooms; alsoinvestigating judges, peace court judges andtheir alternates, judges of the Contentious-Tributary Tribunal and judges from any othercourt as provided for by law of the JudicialCareer and in the Constitution

– Exercises the highest disciplinary authorityover all Judicial Branch members, and mayorder their suspension or dismissal, as legallystipulated

– Challenges and prohibits court of appealjudges, or their equivalent, from hearing casesfor lack of jurisdiction

– Motions to suspend sentence enforcement– Appoints notaries public– Appoints all public servants and employees

under the purview of the Judicial Branch– Establishes salaries of judges and

administrative staff of the Judicial Branch– Swears in new lawyers and notaries– Outlines the judicial procedure in each case

where the law does not establish the procedureto follow

– Hears appeals of cases from the disciplinarytribunals of the Bar Association

– Hears all issues not legally provided for in oneof the Chambers

2.2.1. Supreme Court Chief Justice

The Chief Justice of the Supreme Court isempowered to process a l l adminis t ra t ivemat ters , pursuant to the Judic ia l Act ,Annulment Law, Statutory Law of the SupremeCour t , and Law of Adminis t ra t ive andBudgetary Autonomy.

2.2.2. Judicial Career General Directorate

The Dirección General de la Carrera Judicialcoordinates the Judicial Branch’s managementsystems. The Judicial Career Law and itsregulation mandate that this body provideassistance to the Supreme Court in formulatingprograms, rules, and policies for the judicialcareer. It also manages the processes inherent tothe judicial career, from recruiting judges toassessing their performance, and assists theNational Judicial Academy in coordinating thenational training system for Judicial Branchemployees.

This agency is assisted by the directorates ofJudicial Career Affairs, Administrative Affairs,and Finance.

2.2.3. Disciplinary Control20

The Judicial Career Law and its regulationestablish the following sanctioning institutions:the Supreme Court in cases of dismissal,suspension and reprimand of appeals court judgesand their equivalent; the courts of appeal foroffenses committed by judges immediately belowthem in hierarchical order; and first instancecourts for misdemeanors committed by peacejudges.

The disciplinary procedure21 is initiated by thedisciplinary entity under authorization of thePublic Ministry,22 or by an interested party.


2.2.4. Judicial Inspection Board

This entity comes under the purview of theSupreme Court through the Chief Justice, andoversees the enforcement of the Judicial Branch’sprinciples and objectives as provided for in theJudicial Career Law and regulations, and otherlegal and regulatory provisions.

The Judicial Inspection Board’s mission is tocollect and supply reliable, up to date informationon first instance courts and courts of appeal, tooversee the operation of court administrativeservices, and to improve the management of thecourts, without detriment to the powers assignedby law to the courts of appeal. The Board iscomprised of the Inspector General and a JudicialInspection Unit.

Judicial Inspection Board enquiries must berequested by the Chief Justice of the SupremeCourt. Once the case has been studied, theInspector General shall remit a report to thecorresponding sanctioning institution,23 in whichhe either advises dismissal of the complaint or theinitiation of disciplinary proceedings.24

2.3. Transparency, Accountability, and Access toInformation

The Genera l Audi t ing Depar tment i sresponsible for ensuring that administrative andbudgetary proceedings comply wi th a l lper t inent regula t ions . The Head of th isdepartment reports to the Chief Justice of theSupreme Court. Although the Judicial Branchenjoys ful l adminis t ra t ive autonomy, thecomptroller rules and regulations used by theExecutive Branch are the basis of the JudicialBranch’s budgetary control and monitoringsystem, though the two controlling systems arenot interconnected.

The Supreme Court orders a monthly externalaudit of the resources it administers, with theresults published in the national press and madeavailable on the institution’s website.

2.3.1. Documentation Center

In order to further policies on transparency anddisseminate the work of the Judicial Branch, in2005 the Supreme Court launched the DominicanJudicial Information and Documentation Center(Centro de Documentación e InformaciónJudicial Dominicano, CENDIJD). This technicalentity is in charge of selecting, compiling,ordering, processing, disseminating, andpublishing legal, jurisprudential, and doctrinal

information on the national courts and tribunalsand other public and private legal entities, bothnational and international.

2.3.2. Access to Public Information Office

General Law 200-04 on Free Access to PublicInformation was passed on July 28, 2004, topromote democracy and participation bypublicizing information related to governmentmatters. This legislation recognizes the right ofall people to receive complete, truthful,appropriate and prompt information from anyinstitution of the Dominican State, and from anycorporation or joint stock company fully orpartially owned by the State.25

The law recognizes the public’s right to accessinformation on acts and dossiers of the publicadministration and to be informed of theactivities carried out by the entit ies andindividuals fulfilling public office, as long as thisdoes not affect national security, public order,public health or morals, the right to privacy of athird party or individual honor.

It also includes the freedom to search for,request, receive, and disseminate information onthe government and to consult public institutionsand employees, as well as the right to obtain acopy of documents that summarize the activitiescarried out under its jurisdiction. Since the law’simplementation, the Office on Access to PublicInformation has worked in collaboration with theDominican Judicial Information andDocumentation Center (CENDIJD).

JSCA’s 2006 Index of Online Access toJudicial Information gave the DominicanRepublic a score of 46.9%26 in the provision ofthis service.

2.4. Legal Aid

Resolution 512–2002, passed by the SupremeCourt, creates a judicial defense system intendedfor individuals with low income. However, withthe approval of Law 277-04 creating the NationalPublic Defense Service (Servicio Nacional deDefensa Pública) , the situation changeddramatically; article 5 of this new law stipulatesfree legal aid for all those who do not have themeans to hire a lawyer. At the same time,however, it provides regulations, mechanisms andcriteria to govern the provision of this service,including rates to be applied where the individualis found to have the means to pay, whenrequesting or after having received this freeservice.


Strategic Plan for 2006 drafted.

Proposal presented to the DINAF authorities.

Improvements made to organizational structure, workprocedures and methodology, user assistance.Automation of procedures.

Improvements made to procedures, attention to users,control of timeframes and case movement in theInformation System.

Modular acquisition and installation of sign system.Design of databases. Staff training selection.

Implementation and Monitoring of National ExpansionPilot Program/Program.

Physical structure designed and overhauled accordingto the Management Model of La Vega.

Design and implementation of the OJSAP prototype inLa Vega. Based on Work Shift model. Expansion toSantiago.

5th Chamber Pilot program has not been extended toother civil chambers of the National District.

Layout design of the secretary office areas and theirorganizational structure.

Reprogrammed for 2007. Design proposal for the officeof the Children and Adolescent Courts of the NationalDistrict.

Proposal presented to the authorities.

Forms of the Collegiate Tribunal, Sentencing Judgesand Property Registry designed and implemented.

CCM in operation. Optimization of the InformationSystem (pending).

General outline of profile drawn up and presented toauthorities in Santiago.

Specific quick improvements (Budget, Auditing,Management Indicators and Electronic Docket). Onlythe Electronic Docket has been implemented.

Final stage of diagnosis and proposals forimprovement.

The initial stage will be limited to detecting flaws in thecriminal jurisdiction.

Table 3Reform Projects Underway

Projects 2006 Status Progress

Strategic Planning of the Childhood, Adolescent and FamilyDirectorate.

Organizational and operational structure proposal of theChildhood, Adolescent and Family Directorate (DINAF).

Updating and improvement of management processes of theGeneral Secretariat of the Supreme Court.

Survey of work procedures and methodology in the SecondChamber of the Supreme Court and ImprovementProposals.

Citizen Information and Orientation Center (CIOC),Santiago.

Design and implementation of a management model for theCriminal Office in the Judicial District of La Vega.

Implementation of the Physical Structure of the ManagementModel of the Criminal Office.

Permanent 24-hour Legal Services Office (OJSAP) in theJudicial District of La Vega.

Speeding up Civil and Commercial Administrative-Jurisdictional Processes.

Redesigning the Administrative Management ofContentious-Tributary Tribunals.

Designing the Shared Court Management Office forChildhood and Adolescent Courts of Santo DomingoProvince.

Diagnosis and Proposal to Improve Processes and Servicesin the Property Registry of the National District.

Introduction of forms to collect information in the courts andtraining in filling them out.

Completion of the Message and Correspondence Center ofthe Supreme Court (CCM).

Implementation of the Message and Correspondence Centerof the Law courts of Santiago.

Implementation of proposals for quick improvementsidentified in the Project: “Diagnosis and proposals toImprove Processes, Organizational Structure andSupporting Systems of the administrative and financial areaand the design of an implementation plan” financed by theUNDP.

Restructuring of the Judicial Statistics Division (AECI).

Project to Monitor Judicial Management.

Completed

Completed

Underdevelopment

Final Stage

Final Stage

Completed

Completed

Completed

Stopped

Underdevelopment

Not Started

Completed

Completed

Completed

Underdevelopment

Stopped

Underdevelopment

Underdevelopment


2.5. Reform Projects Underway

According to information from the SupremeCourt Project and Planning Department, thefollowing projects and improvements are beingimplemented soon will be: See table 3 (p. 216).

2.6. Budget27

The Judicial Branch enjoys administrativeautonomy but its budget is assigned by theLegislative Branch under the Public ExpenditureLaw. According to Law 194-04, the JudicialBranch receives 2.65% of the total fiscal budget.28

In 2006, the total budget assigned to the justicesector was RD$ 4,689,090,000 (US$140,942,764), of which RD$ 3,177,000,000 wasearmarked for the Judicial Branch and RD$1,512,090,000 for the Attorney General’s Office.

Between 2000 and 2006, the budget increasedby a yearly average of 21%. However, measuredin U.S. dollars it decreased in 2003 and 2004 dueto currency devaluation.

2.7. Human and Material Resources

Table 5Judicial Branch Staff

Item 2006 2005 2004

Total number of judges 572 553 561

Number of employees workingdirectly in the courts 3,225 3,065 2,870

Number of employees working insupport areas (other than the courts). 2,164 1,678 1,365

Source: Supreme Court.

The number of judges in 2006 was just 2%higher than in 2004, in contrast to the increase incourt staff and other support staff, which rose by12% and 59%, respectively.

Table 4Judicial Branch Budget

Annual Budget in RD$ , US$ (both millions)

� 2006 2005 2004 2003 2002 2001 2000

Pesos 3,177.70 2,203.90 1,372.50 1,184.70 1,022.80 966.4 714

Dollars (millions) 95.529 72.830 32.731 40.332 58.133 57.934 44.135

Increase 31% 38% 14% 14% 6% 26% -


Figure 1Percentage of Fiscal Budget Allocated to the Justice Sector 2000-2006

Source: JSCA, based on data supplied by the Supreme Court.

2,5

2

1,5

1

0,5

02000 2001 2002 2003 2004 2005 2006

2,312,18

1,99 2,05

1,68

1,6

1,97

Year

Po

rcen

tag

e


The number of computers in the JudicialBranch rose 89% in 2005 over the previous yearand 3% in 2006. According to informationsupplied by the Judicial Branch InformationOffice, in 2006 there were 3,225 computersacross all judicial departamentos.36

In 2003, there was a rate of 7 judges per100,000 inhabitants,37 and by 2005 this figurehad dropped to 6 judges per 100,000inhabitants.

In 2006, the annual average salary of a firstinstance judge reached RD$ 980,000 (US$29,445.97), 38 while second instance judges

earned RD$ 1,400,000 (US$ 42,079) and highcourt judges received RD$ 2,669,59039 (US$80,240.16).

2.8. Case Movement

The Jud ic i a l S t a t i s t i c s D iv i s ion i s i nc h a r g e o f c o m p i l i n g a l l d a t a o n c a s emovement.40 It is comprised of one generaloffice, filing and reception, validation, datacapture, and report preparation. The Divisionmust also define the methodology used tocollect statistical data from each jurisdiction,

Table 6Judges, by Gender and Section

2006 2005 2004

Court Female Male Total Female Male Total Female Male Total

Supreme Court Plenary 5 11 16 5 11 16 5 11 16

Criminal Chamber, Court of Appeals 18 34 52 17 32 49 14 30 44

Criminal Chamber, First Instance Court 17 28 45 13 21 34 17 28 45

Collegiate Tribunals 26 19 45 21 12 33 - - -

Preliminary Investigation Court 22 26 48 18 27 45 16 32 48

Civil Chamber, Court of Appeal 13 33 46 14 31 45 13 25 38

Civil Chamber, First Instance Court 16 23 39 14 23 37 13 25 38

Court of Appeal, Broad Jurisdiction 5 10 15 5 9 14 2 6 8

First Instance Court, Broad Jurisdiction 4 6 10 2 6 8 3 5 8

Labor Tribunal 11 25 36 7 24 31 7 22 29

Labor Court 13 8 21 15 7 22 14 9 23

Court of Appeal, Children and Adolescents 10 5 15 10 5 15 11 4 15

Sentencing Tribunals 2 0 2 2 0 2 - - -

Children and Adolescents Tribunal 2 9 11 1 9 10 12 5 17

Children and Adolescents Tribunal, Criminal Chamber 5 3 8 4 2 6 - - -

Children and Adolescents Tribunal, Civil Chamber 6 1 7 6 0 6 - - -

Children and Adolescents Tribunal, Broad Jurisdiction 8 5 13 9 3 12 - - -

High Court of Land 7 11 18 5 7 12 6 7 13

Land Court, Original Jurisdiction 16 15 31 15 16 31 13 16 29

Contentious-Tributary Tribunal 3 2 5 3 2 5 3 2 5

Peace Courts 30 33 63 39 51 90 61 77 138

Peace Courts, Municipal Affairs 4 4 8 6 1 7 7 2 9

Special Traffic Peace Courts 13 5 18 14 9 23 24 14 38

TOTAL 256 316 572 245 308 553 241 320 561

Percentage 45% 55% 100% 44% 56% 100% 43% 57% 100%

Source: JSCA, based on data provided by the Supreme Court.


train judges on how to accurately fill out thed a t a c o l l e c t i o n f o r m s , a n d d e f i n e d a t ap r o c e s s i n g m e t h o d o l o g i e s , a m o n g o t h e rresponsibilities.

The Division publishes four quarterly bulletinsper year that are distributed to judges across thecountry and made available to citizens in general.They are also available on the Judicial BranchWebsite.

Since 2003, the jurisdictions with the mostcases filed include the civil, commercial andfamily courts, with 42% of the total, while the

smallest caseload (1%) was filed before thecontentious administrative court.

Of all cases filed since 2003, 42% of thosedisposed were in the civil, commercial, andfamily jurisdictions, followed by traffic cases,with 30% disposal. The lowest number of casesdisposed was recorded by the contentiousadministrative courts, with 1%.

The annual clearance rate per subject matter isshown in the following figure and table. Averagerates have evolved from 85% in 2003 to 91% in2006 (as of June).

Table 7Cases Filed by Subject Matter (2003-2006)

Cases Filed

Matter 200641 2005 2004 2003

Civil, Commercial and Family 39,909 80,469 114,814 130,680

Criminal 2,540 7,575 18,754 30,751

Children and Adolescent, and Youth Offender 30,584 48,589 6,713 4,879

Traffic 33,194 121,630 65,640 78,501

Contentious Administrative 19 39 32 82

Labor- Social 7,384 14,005 13,575 12,872

Total 113,630 272,307 219,528 257,765


Table 8Cases Disposed per Subject Matter (2003-2006)

Cases Disposed

Matter 200642 2005 2004 2003

Civil, Commercial and Family 40,169 78,614 106,957 117,608

Criminal 2,190 5,327 29,781 78,310

Children and Adolescent, and Youth Offender 24,285 51,723 7,022 3,272

Traffic 33,422 122,735 69,770 12,084

Contentious Administrative 85 105 70 85

Labor- Social 3,462 6,618 6,506 6,596

Total 103,613 265,122 220,106 217,955



Figure 4Evolution of Clearance Rate 2003-2006

105%

100%

95%

90%

85%

80%

75%2003 2004 2005 2006

Evolution


Figure 3Cases Disposed per Subject Matter (2003-2006)

42%3%1%

30%

10%14%


Figure 2Cases Filed per Subject Matter (2003-2006)

1%

34%

10% 7%

42%

6%

Civil, Commercial and Family

Criminal

Children and Adolescent, and Youth Offenders

Traffic

Contentious-Administrative

Labor-Social


Civil, Commercial and Family

Criminal

Children and Adolescent, and Youth Offenders

Traffic

Contentious-Administrative

Labor-Social


A total of 29 procedures43 are required toenforce a contract in the Dominican Republic.The process lasts approximately 460 days andcosts about 35% of the debt claimed.

3. Public Ministry (Ministerio Público)

The Attorney General’s Office, known as theProcuraduría General de la República orMinisterio Público, plays a key role in criminalprocesses from the investigation stage to theenforcement of judgment. Prosecutors investigateinfractions of the criminal, taxation, environment,land, labor, intellectual property, family andjuvenile legal codes and prosecute those chargedwith offenses under those codes.

The institution is responsible for directing theinvestigation of punishable acts, bringing formalcharges or requesting case dismissal; criminalprosecution before the courts; assisting victimsand witnesses; guaranteeing the public peace; andfostering protection of human rights.

The Public Prosecutor’s Office carries out itsfunctions through attorneys appointed as

prosecutors by the Executive Branch. The term usedto identify them varies from court to court. They arefiscalizadores in the peace courts, procuradoresfiscales in the first instance courts, andprocuradores generales in the courts of appeal. Thehead of the agency is the Procurador General de laRepública (National Public Prosecutor or AttorneyGeneral), who is the highest authority of both theMinisterio Público and the Judicial Police.

Each judicial department has a court prosecutor(Procurador de Corte) and each judicial districthas a district prosecutor (Procurador Fiscal). Eachhas a team of attorneys with similar powers.44 ThePublic Prosecutor’s Office (Procuraduría Generalde la República) also has a cadre of attorneys whocarry out strictly administrative functions such assupervising juvenile and family matters or courtmanagement duties.

3.1. Access to Information

According to JSCA’s 2006 Index of OnlineAccess to Judicial Information, the DominicanRepublic achieved a score of 20% in this area.45

Table 9Average Clearance Rate per Subject Matter 2003-2006

Matter 2006 2005 2004 2003 Average ClearanceRate (2003-2006)

Civil, Commercial and Family 101% 98% 93% 90% 96%

Criminal 86% 70% 159% 255% 143%

Children and Adolescent, and Youth Offender 79% 106% 105% 67% 89%

Traffic 101% 101% 106% 15% 81%

Contentious Administrative 447% 269% 219% 104% 260%

Labor- Social 47% 47% 48% 51% 48%

Total 91% 97% 100% 85% 93%


Table 10Budget of the Public Ministry

Budget in RD$ and US$ (millions)

� 2006 2005 2004 2003 2002 2001 2000

Pesos 1,512.1 1,094.8 665.2 512.7 450 452.3 450.0

Dollars 45.4 36.2 15.9 17.5 25.6 27.1 27.8

Increase over previous year 38.11% 64.60% 29.73% 13.94% -0.50% 0.50% -



1.96%

1.33%

0.63%

AGO + SC

SC (Supreme Court)

AGO (Attorney General's Office)

3.2. Budget

The budget assigned to the Judicial Branch andthe Public Ministry is 4.1% of the total fiscalbudget, and 35% of the amount is earmarked forthe Attorney General’s Office. In 2006, thebudget justice sector allocated was RD$4,689,090,000 (US$ 140,942,764), of which RD$1,512,090,000 was allocated to the AttorneyGeneral’s Office.

The nominal budget increased 38% between2006 and 2005, and overall the budget increasedan average of 24% annually between 2000 and2006. However, between 2003 and 2004 thebudget actually decreased when measured in USdollars, due to the devaluation of the Dominicanpeso.

The 2006 budget of the Public Ministryrepresented 0.63% of the total fiscal budget, anincrease over 2005, when the budget was 0.53%of the total fiscal budget.

4. Public Defender’s Office (OficinaNacional de Defensa Pública)

4.1. Institutional Structure

Resolution 512-2002, passed by the SupremeCourt plenary in April 2002 constituted thejudicial defense system for low-incomedefendants, but it was not until the approval ofLaw 277-04 that the Public Defenders’ Officewas created. The main purpose of this body is toprovide technical legal defense and counsel on apermanent and ongoing basis, thereby promoting

access to justice, respect for basic rights and dueprocess to low-income defendants who lack themeans to hire private counsel. The publicdefender’s mission is to reach the most favorablesolution for the defendant.

The Public Defender’s Office hasadministrative, functional, and financialautonomy with a differential budget and technicalindependence in line with its functions. However,it must remain organically attached to theSupreme Court, though functionally independent,for a five-year period from the date the law ispublished.47 In other words, by 2008 the PublicDefender’s Office will no longer be attached tothe Supreme Court, obtaining its own legal publiclaw status, budget allocation, and item in thePublic Expenditures Law.

At present, there are 11 public defender’soffices in the provinces of the National District,Santiago, Santo Domingo, San Pedro de Macorís,San Cristóbal, La Vega, San Juan de la Maguana,Barahona, San Francisco de Macorís, Monte Plataand Montecristi. Offices are being opened in thejudicial department of Puerto Plata and in ninejudicial districts as well.

4.2. Government and Management

4.2.1. Eligibility Requirements

The Public Defense Office has its own careersystem that encourages public defenders toremain in the institution, where they arepromoted by seniority and performance,measured by a “360-degree evaluation method,”

Figure 5Share of the Fiscal Budget46

5.00%

4.00%

3.00%

2.00%

1.00%

0.00%2000 2001 2002 2003 2004 2005 2006

2.31%

1.42%

0.89%

2.17%

1.48%

0.69%

1.99%

1.38%

0.61%

2.05%

1.43%

0.62%

1.68%

1.13%

0.55%

1.60%

1.07%

0.53%


so named because it covers all functional aspectsof public defenders, coordinators and court-appointed counsel, considering technicalfunctions, abidance with institutional policies,administrative aspects, attitude and training.

To be recruited into the public defender career,in addition to general requirements, including twoyears in legal practice, the candidate mustundergo a public, merit-based competitionorganized by the General Directorate of theJudicial Career.

Upon entering the Office all new staff,including public defenders, public investigators,social workers, paralegals and/or court-appointedcounsel, undergo induction to the strategic andethical institutional guidelines of the PublicDefender’s Office.

4.2.2. Internal Disciplinary Control

The Office of Control of the Public Defender’sOffice is responsible for the institutionaldisciplinary system, which oversees anyinfringement of duty. This office appliesdisciplinary procedures provided for by law andensures compliance with institutional norms. Itmay also propose actions to improve the service.

The Control Office received 59 cases duringthe first six months of 2006.

4.3. Transparency and Probity

As a public employee and member of theJudicial Branch, the Public Defender must makean annual sworn declaration of assets. Inaddition, the National Council of the PublicDefender’s Office has passed Resolution 5 on theEthical Regulation of the Public Defender’sOffice, outlining the ethics that govern thisOffice.

4.4. Reform Projects Underway

Multi-sectoral Roundtable: The purpose of thispanel is to create an opportunity for dialogue

among criminal justice operators (settlementjudges and judges of new criminal proceedings,prosecutors, defenders, police, the prisonadministration, among others), so that eachwithin their role may seek ways of providingquick and effective responses to the citizens’justice system. The project began in 2005 in theNational District with excellent results, and in2006 was implemented in several children’s andadolescent jurisdictions.

In April 2006, the National Council of thePublic Defender’s Office passed the ControlOffice regulation via Resolution 01/2006,enabling this office to control and follow up onthe quality of defense service.

4.5. Budget

Currently, the Supreme Court assigns theannual budget of the Public Defender’s Office.The amount allocated may not be reduced afterthe second year.

From 2005 to 2006 the budget of this Officeincreased 255%.

4.6. Human and Material Resources

The Public Defender’s Office currently has251 employees and 73 public defenders, 25 ofwhom specialize in youth offender matters. Thereare also 80 court-appointed attorneys in judicialdistricts without operating public defender’soffices, 16 public investigators and 12 socialworkers.

Table 12Human Resources

Data 2006 2005 2004 2003

Total number ofpublic defenders 7348 73 21 14

Number of other staff 251 189 - -

Source: Public Defender’s Office.

Table 11Budget Allocation

Description Budget Requested Budget Approved Budget Approved

2007 2006 2005

Total RD$ 180,545,035 RD$ 109,957,610 RD$ 30,933,452

Source: Public Defender’s Office.


Up to 2006 the Office had 92 computers. Today,each branch office has a computer connected to theInternet, and the head office has 24.

4.7. Case Movement

The Office handles 37.2% of cases filed andoffers free legal aid to 4,733 inmates in the prisonsystem, for a total coverage of almost 40% of allcriminal cases.

In the first half of 2006 (January to June), thePublic Defender’s Office handled 8,436 cases inordinary criminal jurisdiction, resolving 5,201; and802 cases (plus 698 cases carried over from 2005)in the children and adolescent jurisdiction,

resolving 817. These figures represent an increaseover 2005, when the Public Defender’s Officehandled 11,920 cases from January to December.49

Table 13Public Defense Service by Crime Type 2005-2006

Crime Type 2006 2005

Homicide 948 1,040

Other Crimes against Persons 634 456

Crimes against Property 3,294 2,863

Domestic Violence - 120

Drug Offenses 1,621 1,194

Figure 6Public Defense Coverage


No answer

Public

Private

None

0% 10% 20% 30% 40% 50%

9,000

8,000

7,000

6,000

5,000

4,000

3,000

2,000

1,000

0

Accepted Resolved

8,436

5,201

802 817

Ordinary Jurisdiction

Children andAdolescents Jurisdiction

Figure 7Cases Handled and Resolved by the Public Defender’s Office (January-June 2006)

Source: JSCA, based on data provided by the Public Defense Office.


5. National Judicial Council (ConsejoNacional de la Magistratura)

This body is responsible for replacing SupremeCourt justices in cases of death, disqualificationor resignation. The Council has seven members,including its Chair, the President of theRepublic,50 the Speaker of the Senate and oneother senator; the Speaker of the Chamber ofDeputies and one other deputy; the SupremeCourt Chief Justice and one other Supreme Courtjustice chosen by this Court, who acts asSecretary.

The Council was created in the ConstitutionalReform of 1994 and is governed by Law 169 ofAugust 2, 1997. Under Article 64 of theConstitution, the Council convenes for the solepurpose of appointing Supreme Court Justices.

IV. Criminal Procedure

1. Description

The approval and enactment of the newCriminal Procedural Code in the DominicanRepublic modified the criminal court system byestablishing an adversarial system, replacing theold inquisitorial model that was formerly inplace. In 2002, the National Commission toImplement the Criminal Procedural Reform51

(Comisión Nacional de Ejecución de la ReformaProcesal Penal (CONAEJ)) was created toimplement the reform, and would thereafter holdregular meetings to evaluate the system andmake any subsequent modifications, whererequired.

Special settlement courts were set up toresolve cases pending that had been filed underthe old system. These tribunals are expected to bein operation for two years.

The new criminal procedure separates thefunctions of investigation and judgment, with thefirst coming under the purview of the prosecutorand the second under that of the judge, who isresponsible for safeguarding basic rights andensuring the legality of the investigative actionsof the prosecutor.

The first stage of the investigation is theprepara tory s tage , where the Publ icProsecutor’s Office and the victim formulatecharges . The ac tors involved col lec t theevidence necessary to prove the accusation andthe prosecutor determines whether there aregrounds for a trial.

The second phase is the preliminary hearing,the purpose of which is to examine the results ofthe investigation and guarantee the legality of theprosecutor’s actions up to this point. It concludeswith a ruling by the investigative judge, whoallows and sets the charges, orders a shortenedprocedure or a stay of proceedings, issues arestraining order, or approves the settlementagreed to by the parties. The judge may also issuea writ of dismissal if he or she finds that the actwas not committed by the defendant or was notcommitted at all, if the prosecution withdraws thecharges, if the act in question does not constitutea crime, if the defendant cannot be heldcriminally responsible, or if there is insufficientevidence.

The third stage is the trial, which is governedby the general principles of orality, immediacy,and public access. The first instance courts areeither unipersonal (presided by a single judge) orcollegiate, depending on the seriousness of thepunishable act: one judge is required for crimesinvolving monetary sanctions or those carryingnot more than two years imprisonment, or both.Matters that carry a sentence of more than twoyears imprisonment come before a three-judgetribunal. Finally, cases involving criminalcharges that carry a sentence of more than tenyears’ imprisonment are processed through aprocedural system that includes separate hearingsfor determining guilt or innocence and forsentencing.

Eventually, in the fourth stage the defense maychallenge or appeal the result of the trial and theruling handed down.

The fifth stage of a criminal proceeding is theenforcement of judgment. This takes place whenthe judge issues a final ruling. In this case, thesentence enforcement judge ( juez de laejecución) oversees the fulfillment of the termsof the sentence and guarantees the rights ofthose convicted. This judge also arrangesinspections and visits to prisons as required;ensures compliance with condit ions fordismissal; presents sentence review requests;hears matters related to the enforcement andrules related to the parole of those convicted,where appropriate.

2. Crime Rate

In 2005, 2,403 homicides were committed inthe Dominican Republic, or 25.97 per 100,000inhabitants. This represents an increase of 102%since 1999 and 37% compared to 2004.


3. Prison Situation

The Dirección General de Prisiones (PrisonAdministration) is a centralized agency of theAttorney General’s Office that supervises andmanages all penitentiary establishments in thecountry.

The new penitentiary system is currentlyoperating ten correctional and rehabilitationcenters52 across the country (Najayo-Women,Rafey-Women, Rafey-Men, El ías P iña ,Dajabón, Haras Nacionales, Valverde, Mao,San Felipe de Puerto Plata and Monte Plata).These centers a re equipped wi th newinfrastructure, surveillance and managementsystems, offer educational, rehabilitation, andrecreational programs, and access to physicaland mental health services, among othersprograms.53

Modifications in custody and securitymeasures have also been made, replacingtraditional military and police staff withPenitentiary Surveillance and Treatment Agents(Agentes de Vigilancia y TratamientoPenitenciario (VTPs)), trained at the NationalPenitentiary Administration Academy (EscuelaNacional de Administración Penitenciaria(ENAP)). This institution trains not only VTPsbut also management and administrationpersonnel who will be working in centersoperating under the new prison model. Thisprogram receives financial support from theEuropean Union through the National Office ofEuropean Development Funds and technicalsupport from the Supporting Program on StateReform and Modernization (Programa de Apoyo

a la Reforma y Modernización del Estado(PARME)).

The Public Prosecutor’s Office has also built aModel Open Penitentiary Center with a holdingcapacity of approximately 200 inmates servingconditional sentences or first-time offendersconvicted in special cases.

According to data provided by the PublicProsecutor’s Office, in March 2006 there were12,725 individuals held in custody in theDominican Republic, a rate of approximately 141prisoners per 100,000 inhabitants. See table 14.

V. Civil Procedure

Civil procedures are mostly written (the onlyoral stage of the process is the reading ofconclusions during hearings) and consist of threestages.

The process general ly begins with theplaintiff filing a suit, which is prepared by abailiff before the first instance court. This stageinitiates the legal relationship between thecomplainant and respondent, but the court doesnot participate in this action. In all mattersbefore the first instance civil court the case ispresented to the presiding judge of the court inquestion, who then assigns the case to a specificcourtroom. After such assignment one of theparties must request the presiding judge toschedule a first hearing, during which only thenames of the parties, their addresses and thenature of the lawsuit are heard briefly. With theright conditions a ruling may be made at thisfirst hearing, but this will not occur if one of the

3000

2500

2000

1500

1000

500

01 2 3 4 5 6 7

Figure 8Evolution of Homicide Rate 1999-2005


Table 14Status and Ratio of Convicts/Defendants by Prison Center54

Pretrial Detention Convicted

Judicial District Total Inmates Number % Number %

Integral Attention Center for Adolescents in Conflict with the Law 100 67 67% 33 33%

Special Prison for Police Officers 49 37 76% 11 22%

Najayo Correctional and Rehabilitation Center for Women 232 136 59% 89 38%

San Felipe Correctional and Rehabilitation Center, Puerto Plata 88 49 56% 35 40%

Haras Nacionales Correctional and Rehabilitation Center 11 3 27% 8 73%

San Francisco de Macorís Departmental Prison 181 109 60% 45 25%

San Pedro de Macorís Departmental Prison 218 91 42% 87 40%

Monte Plata Model Prison 295 195 66% 87 29%

Najayo Model Prison 968 303 31% 647 67%

National Penitentiary of La Victoria 3,734 2,214 59% 1,398 37%

Public Prison of Azua 142 78 55% 61 43%

Public Prison of Baní 403 155 38% 228 57%

Public Prison of Barahona 334 239 72% 84 25%

Public Prison of Cotuí 278 137 49% 66 24%

Public Prison of Dajabón 90 48 53% 37 41%

Public Prison of El Seybo 336 201 60% 105 31%

Public Prison of Elias Piña 91 60 66% 24 26%

Public Prison of Higuey 432 376 87% 50 12%

Public Prison of Jimaní 61 21 34% 40 66%

Public Prison at Km 15 of Azua 171 53 31% 112 65%

Public Prison of La Romana 440 193 44% 225 51%

Public Prison of La Vega 448 210 47% 165 37%

Public Prison of Moca 318 216 68% 82 26%

Public Prison of Montecristi 205 103 50% 95 46%

Public Prison of Nagua 120 76 63% 42 35%

Public Prison of Neyba 165 78 47% 70 42%

Public Prison of Pedernales 59 36 61% 20 34%

Public Prison of Puerto Plata 251 225 90% 18 70%

Public Prison of Salcedo 90 40 44% 41 46%

Public Prison of Samaná 133 98 74% 28 21%

Public Prison of San Cristóbal 308 216 70% 88 29%

Public Prison of San Francisco de Macorís 291 186 64% 78 27%

Public Prison of San Juan de la Maguana 271 84 31% 142 52%

Public Prison of San Pedro de Macorís (México) 299 200 67% 81 27%

Public Prison of Santiago (Rafey) 773 518 67% 232 30%

Public Prison of Santiago Rodríguez 56 36 64% 17 30%

Public Prison of Valverde 284 209 74% 70 25%

Total 12,725 7,296 57% 4,741 37%

Source: Prison Administration.


part ies presents an object ion or requestsadditional evidence, in which case a new hearingwill be scheduled or the additional proceduresordered, as appropriate. The court’s work isconcluded when a final ruling is handed down,and the winning party must then official informthe losing party of the decision in order toinitiate the time limit for filing an appeal.

Under this system, the judge plays a passiverole until he or she pronounces judgment.

Either party may present an appeal before therespective court of appeal, and the losing partymay file for annulment in special instance beforethe Supreme Court. If the case is accepted, theSupreme Court may reject the second instanceruling and annul the sentence if it determines thatit violates or fails to apply the law properly.

Table 15Civil Cases as a Percentage of Cases Filed

Specialized civil ambit as a percentage of cases filed in allmatters nationwide

Year Total cases filed Civil Ambit Percentage

2005 272,307 30%

2004 219,528 52%

2003 257,765 51%

Source: Preliminary Report on Civil Justice (JSCA).

In 2005, the number of pending casesrepresented 2% of total civil cases filed, downfrom 10% in 2003.

At present, a bill for a new Civil ProcedureCode is being reviewed and will be presented toParliament for approval in 2007. Drawn up by acommission appointed by the President of theRepublic in 1997, the bill was submitted toCongress in 2000. The document is based on theFrench Civil Code (1976) and stipulates thefollowing basic provisions: the process isconducted by the judge, due process andprocedural equality as guiding principles, andwritten proceedings as the norm.

VI. Legal Profession

1. Education

Law programs vary among universities, buttend to last eight to 10 semesters, with eight

semesters being the most common. The Statedoes not regulate the content of such programs,nor are bar exams necessary to obtain the title ofattorney at law.

2. Legal Practice

In order to practice law, an attorney must beregistered with the Bar Association.

In 2004, there were 25,871 lawyers registered,or 296 per 100,000 inhabitants. By 2005 thisfigure had increased to 32,158 lawyers registered,or 348 per 100,000 inhabitants.55

VII. Related Areas

1. Alternative Dispute Resolution (ADR)

Alternate Dispute Resolution (ADR)mechanisms are highly important to the nationaljustice system as they help to decongestDominican courts of minor offense cases. Reformin this area has granted judges conciliatory andmediation powers, which led to the creation ofconciliation, mediation and arbitration centers.Conciliation and mediation have only beenintroduced in some areas since 2000, such as thelabor and family courts, and they can beconducted in or out of court.

There is a Conciliation and ArbitrationCounci l a t tached to the Santo DomingoChamber of Commerce and Manufacturing. Thecouncil is elected by the Chamber’s board ofdirectors and operates out of the institution’sheadquarters.

Legal contractual matters, commercial orotherwise, may be sent to conciliation orarbitration. Arbitration may be used by membersof the Chamber, the state or any of i tsinstitutions, including city halls, municipalities,public agencies, corporations and institutions,both autonomous and decentralized from thestate, and by public administration agencies ingeneral.

2. Ombudsman

Law 19-01 passed in February 2001, institutedthe role of Ombudsman as an independentauthority not subject to any limitations except tothose provided by law. Hence, the Ombudsmanhas functional, administrative, and budgetaryautonomy.


The main role of the Ombudsman is tosafeguard the personal and collective rights of thecitizenry enshrined in the Constitution, wherethese are violated by any public servant. In theperformance of his duties the Ombudsman is fullyempowered to initiate any investigation at therequest of the court or the affected party.

The Ombudsman’s Office receives funds fromthe Revenue Budget of the Public ExpendituresLaw. This budgetary allocation may not bereduced after the second year.

The Ombudsman is appointed by the Senatefrom a shortlist of three candidates proposed bythe Chamber of Deputies, with a favorable voteof two-thirds of the senators. The Ombudsmanhas a six-year term, and may be re-elected onlyonce.

It is important to note that the lower housedrafted several shortlists but these were neversubmitted to the Senate plenary, leaving theOmbudsman’s appointment still pending.

VIII. Reform Projects Underway

1. Self-Financed Projects

Digitalization of Dossiers

At the end of 2005, the Planning and ProjectsDepartment of the Supreme Court’s GeneralTechnical Office began to redesign the internalprocedures and work flow of the Court’s GeneralSecretariat.56 The dossier management systemallows digital images to be stored and retrieved.In addition, a scanner and dossier storage unitwas installed.

As of May 2006, all cases filed with theGeneral Secretariat are being digitalized. Theimprovement module to redesign work flow iscurrently at the pilot stage.

Recording System for Hearings

The Supreme Court has set up a digital systemto transmit, store, and reproduce the audioportion of hearings held in the Criminal Chamberof the Supreme Court to facilitate citizens’ accessto their content, to increase transparency and trustin the Judicial Branch, and to maintain an audiorecord of the hearings. The audio tapes are storedtogether with the dossier inside the system’sdatabase for future consultation.

The Information Office continues to developnew stages of this ongoing project, includingOnline Hearings that digitally transmit, store andreproduce real-time videos and audio of hearingsheld in the Chambers of the Supreme Court.

WiFi Internet

The Supreme Court has installed a wirelessnetwork for Internet access in its main office andat the National District Courthouse.

Virtual Administrator

The Virtual Administrator system integratesall key Judicial Branch geographical, judicialand administrative information, placing theinstitution’s upper management “at a clickaway f rom each sec t ion of the Judic ia lBranch.”

A pilot program for this system has beenimplemented in the General Judicial CareerDirectorate, the Administrative Affairs Office,and the Public Policy Office. It will soon beimplemented in the Office of the Supreme CourtChief Justice, the General Technical Office, thePlanning and Projects Office, the JudicialInformation and Documentation Center, StaffRegistrat ion Division, and Fixed AssetsDivision.

Figure 9Status of Arbitration June 2006

Source: Available on the Website of the Chamber of Commerce and Manufacturing.

59%

19%

22%

Cases currently inprogress

Dismissed or cancelledcases

Cases resolved by arbitralaward


Implementation of SupremoPlus in the JusticePalace of La Vega

This system allows cases to be filed, sortedand accessed, time limits monitored, electronicnotifications sent, hearings scheduled, rulingsrecorded and other functions. The systemoperates with a navigator (Internet Explorer,Netscape, etc.) that allows for dossiermanagement in the courts, provision ofinformation to citizens on cases and their presentstatus, and generation of worksheets for courtdocuments.

The SupremoPlus system will be implementedin all criminal jurisdictions across the country. In2006, a pilot program was created in the NationalDistrict of La Vega.

Contract Management System

This system was created to facili tateclassification and control of contracts signed bythe Supreme Court for staff hiring, buildingmaintenance, security services, and others.

Management System of the Public Defense Office

The purpose of this management system for thePublic Defense Office is to allow defenders torecord and control their casework in the courtsthroughout the country.

Judicial Assistants

This multimedia tool allows users to obtaininformation from the Judicial Branch website,consult case status, take virtual tours of theSupreme Court building, and consult aninformation digest through the DataSuprema. Todate, one is installed in the lobby of the SupremeCourt building and another one at the entrance ofthe General Secretariat. These assistance moduleswill be expanded to other courthouses.

At the same time, hearing lists have beenreleased using information digitalized in thedossier database. These lists inform visitors to thecourt of the date, location and docket number ofcases of interest.

Criminal Process Management Model

In June 2006 the pilot program of the CriminalProcess Management Model was launched in theNational District of La Vega. Among otherthings, the model defines the criteria and mission

of the judge at each stage of the criminal process:Preliminary, Intermediate, Ruling and Appeal. Italso includes a Permanent 24-hour Legal ServicesOffice (OJSAP) that deals with matters andproceedings that cannot wait, operating 24 hoursa day, seven days a week.

2. Projects Financed with InternationalCooperation

Creation of the Dominican Judicial Informationand Documentation Center (Centro deDocumentación e Información JudicialDominicano, CENDIJD)

Financed by the Spanish Agency forInternational Cooperation AECI (AgenciaEspañola de Cooperación Internacional), theDominican Judicial Information andDocumentation Center was created as aclearinghouse for the registration andcommunication of information anddocumentation produced by the Judicial Branch.It also compiles legal and judicial informationthat may be of interest to the local andinternational legal community.

Citizen Information and Orientation Center(Centro de Información y OrientaciónCiudadana (CIOC))

Financed by the Spanish Agency forInternational Cooperation AECI (AgenciaEspañola de Cooperación Internacional), theCitizen Information and Orientation Center willbe launched in the Courthouse of Santiago, givingcitizens personalized information and orientationonline or by phone. This should redirect visitorflow and lighten court clerks’ workload.

IX. Websites

Supreme Court (Suprema Corte de Justicia)www.suprema.gov.do

This site contains institutional information on theJudicial Branch and the Supreme Court, includingtheir history, organizational structure, a directoryof judges, press summaries and releases, judicialnewsletters and other publications. It alsoincludes discussion forums, listing of events,enquiries format and multimedia archives, as wellas Supreme Court resolutions and rulings.Available in Spanish.


Attorney General’s Office (ProcuraduríaGeneral de la República)www.procuraduria.gov.do

Users may access institutional information, anorganizational chart, a list of the functions of theMinisterio Público and data on cases, rulings, andstatistics on this website, which also publishes aninformative newsletter and contains links to sitessuch as the Dirección General de Prisiones,which provides statistics on the prisonpopulation.

Commissioner for the Reform andModernization of Justice (Comisionado deApoyo a la Reforma y Modernización de laJusticia)www.reforma-justicia.gov.do

Contains publications, project documents andpapers on judicial reform in the DominicanRepublic. Documents available on the siteinclude Hacia un nuevo proceso penal, and thestudy Participación ciudadana en la reformajudicial, a comparative analysis of this issuein Bolivia and Argentina. Spanish-languageonly.

National Judicial Academy (Escuela Nacionalde la Judicatura)www.enj.org

This Website offers information on theAcademy’s mission, vision, and values as well ascourses for judges and defenders and onlinecourses open to the legal community. It alsoincludes information on conferences and talksoffered, articles from the Justicia y Razónjournal, and a virtual library.

Iberian-American Network of JudicialAcademies (Red Iberoamericana de EscuelasJudiciales)www.riaej.org

RIAEJ was founded in May 2001 in the contextof the VI Iberian-American Summit of Presidentsof Supreme Courts and Tribunals, held in theCanary Islands, Spain. The National JudicialAcademy oversees this organization’s ExecutiveOffice. The RIAEJ Website includes informationon membership, newsletters describing thenetwork’s activities, links and a news sectionwith a member organization events calendar.Spanish-language only.

National Statistics Office (Oficina Nacional deEstadística)http://www.one.gob.do

This Website provides statistics on demographic,economic, education and public health indicators.Users may also request data on more specifictopics through an online request form. Spanish-language only.

Office of the President (Presidencia de laRepública)www.presidencia.gov.do

This Website contains general information on thecountry, an official schedule of activities, andpublications of the government as well asnewsletters and descriptions of governmentoffices and agencies.

Institutionality and Justice Foundation(Fundación Institucionalidad y Justicia,FINJUS)www.finjus.org.do

A group of local jurists and businesspersonslaunched the project “Institutionality and Justice”to promote democratic development in thecountry through judicial reform and theconsolidation of the rule of law, foundingFINJUS in 1990. The organization’s site containsinformation on the institution, its history anddevelopment, agreements and conventions,programs and a list of executive directors.Spanish-language only.

X. Directory

Suprema Corte de JusticiaAddress: Calle Juan de Dios Ventura Simó esquina EnriqueJiménez Moya,Centro de los Héroes, Constanza, Maimón y Estero Hondo.Santo Domingo, D.N.,Apartado Postal 1485.Phone: (809) 533-3191Fax: (809) 508-2724

Procuraduría General de la RepúblicaAddress: Calle Juan de Dios Ventura Simó esquina EnriqueJiménez Moya,Centro de los Héroes, Constanza, Maimón y Estero HondoSanto Domingo, D.N.Phone: (809) 533-3522Fax: (809) 533-4098


Escuela Nacional de la JudicaturaAddress: Avenida César Nicolás Penson Nro. 59Esquina Rosa Duarte, GazcueSanto Domingo, D.N.Phone: (809) 686-0672Fax: (809) 689-0200

Oficina Nacional de EstadísticaAddress: Av. México esq. Leopoldo NavarroEdif. de Oficinas Gubernamentales Juan Pablo Duarte, Piso 9,Santo Domingo, D.N.Phone: (809) 682-2002

Presidencia de la RepúblicaAddress: Av. México esquina Doctor DelgadoSanto Domingo, D.N.Phone: (809) 695-8000

Notes

2 National Statistics Office of the Dominican Republic(Oficina Nacional de Estadíst icas de RepúblicaDominicana). See: http://one.gob.do/

3 ECLAC, Statistical Yearbook for Latin America and theCaribbean, 2005.

4 ECLAC, Social Panorama of Latin America, 2006.5 Ibid.6 The UNDP’s Human Development Index (HDI) classifies

countries into three groups: high human development(index equal or higher than 0.80), average humandevelopment (index between 0.5 and 0.8) and low humandevelopment (index lower than 0.5). According to theHuman Development Report, 63 countries are in the firstgroup, 83 in the second and 31 in the third. Informationavailable on: http://undp.org

7 The Gini Coefficient is used to measure incomeinequality. Income distribution is expressed as a valuebetween 0 and 1, where 0 is perfect equality (everyonehas the same income) and 1 is perfect inequality (oneperson has all the income while everyone else has noincome). Information available on: http://www.eclac.cl/publicaciones/xml/0/27480/Cuadros_Anexo_PS2006.xls

8 ECLAC, Statistical Yearbook for Latin America and theCaribbean.

9 Ibid.10 World Bank, World Development Indicators. Available

on: http://devdata.worldbank.org/data-query11 ECLAC, Social Panorama of Latin America, op. cit.12 This institution oversees the Secretaría de Estado de

Justicia (Secretary of Justice), Ministerio Público (PublicMinistry) and Administración Penitenciaria (PenitentiarySystem Administration).

13 Law 1,494 passed in 1947, Law 285 passed in 1966 andits amendments, and Law 3,489 passed in 1953,respectively.

14 Articles 63 to77 of the Constitution.15 The last amendments are set forth in Law 50-00, passed

on July 26, 2000 and Law 141-02, passed on September4, 2002.

16 Before the Constitutional reform in 1994, Congressappointed judges and approved the Judicial Branchbudget; this function is now fulfilled by the NationalJudicial Council.

17 See the Website of the Presidency of the DominicanRepublic: http://www.presidencia.gov.do

18 Eleven departamentos are currently in operation.19 As provided for by the Constitution, Law 821 of the

Judicial Act, Statutory Law of the Supreme Court and theJudicial Career Law (Law 327-98).

20 Disciplinary rules for Judicial Branch members aredescribed in Chapter VIII of Law 327-98 on the JudicialCareer and in Chapter VII of the Judicial Career regulationand its modifications, approved by the Supreme Court, asprovided by Article 58 of the aforementioned law.

21 According to Article 170 of the Judicial Careerregulation.

22 Before the disciplinary procedure was modified throughresolution 942-2004, the Public Ministry onlyparticipated in disciplinary procedures it initiated on itsown. Now that the modification has come into force, thePublic Ministry part icipates in al l disciplinaryproceedings filed against judicial public servants.

23 Depending on the type of misdemeanor.24 Nevertheless, the decision as to whether to dismiss the

compliant or initiate proceedings is exclusive to thesanctioning institution for the corresponding type ofmisdemeanor, as provided by section 6.

25 The Dominican Republic, General Law on the FreeAccess to Public Information, Article 1, letter hstipulates its scope on the administrative activities of theJudicial Branch.

26 JSCA, Index to Online Access to Judicial Information,2006 . Available on the inst i tut ional website:www.cejamericas.org

27 Information in this section was taken from centralgovernment revenue and expenditures published in theFiscal Budget by the National Budget Office of theTechnical Secretariat of the Presidency. Budgetspublished in 1998, 1999, 2000, 2001, 2002, 2003, 2004,2005 and 2006 were consulted.

28 Excluding funds originating from external financing asoutlined in the budget, funds originating from specialtaxes (taxes assigned for specific acts), and funds fromMunicipalities.

29 Calculated using an exchange rate of 33.27 Dominicanpesos per U.S. dollar.

30 Calculated using an exchange rate of 30.28 Dominicanpesos per U.S. dollar.

31 Calculated with an exchange rate of 41.93 Dominicanpesos per U.S. dollar.





36 Judicial Branch Information Office.37 Includes judges of first and second instance and high

courts. (JSCA, Report on Judicial Systems of theAmericas 2004-2005).

38 Calculated with an exchange rate of 42 Dominican pesosper U.S. dollar, annual average reported by the SupremeCourt.

39 According to information in the questionnaires submittedby the Supreme Court.


40 This division was created in 2000 and is supervised bythe Project and Planning Department.

41 Information to June 2006.42 Ibid.43 World Bank, see: www.bancomundial.org44 Domínguez Bri to , Francisco Javier and Fulcar ,

Cristiana, Preparación de un sistema integral derecolección y procesamiento de datos para lageneración de estadísticas e indicadores judiciales.Final Report on the Dominican Republic. JSCA,December, 2002.

45 JSCA, Index to Online Access to Judicial Information,2006, op. cit.

46 The abbreviation PGR in the figure below stands forAttorney General’s Office and SCJ for the SupremeCourt of Justice.

47 See Article 87 of Law 277-04.48 39 more cases were filed in January 2007.49 Public Defense in figures, January-June, 2006. Public

Defender’s Office.

50 In his absence, the Council is chaired by the Vice-president of the Republic, and in the absence of both, bythe Attorney General of the Republic.

51 Comprised of representatives from the Executive,Legislative, and Judicial branches, the Public Defender’sOffice, the Public Ministry, National Police, FINJUS,Bar Association, the Church, and the Academies of theJudicial Branch.

52 Out of 35 penitentiary centers.53 See the Procuraduría General de la República Website,

Dirección General de Prisiones link.54 Information to March, 2006. Available on the official

Website of the Dirección General de Prisiones.55 This information was provided by the Supreme Court

Division of Officials. During 2004-2005 and up toSeptember 2006, there were 6,287 new lawyers sworn in.

56 Apart from the Supreme Court General Secretariat, thesystem is being used in the Criminal Chamber of theSupreme Court and will be implemented in the otherSupreme Court chambers in the near future.