Age of Criminal Responsiblity in the DR?

Naufrago · #1 03-23-2005, 08:55 AM

Just wondering. My last job in NYC was working with kids in jail, age 6-15. In NY kids can be arrested from age 6 up. Until age 15, except for some more heinous crimes, their cases are managed in Family Court. Some are sent to Group home settings, or Juvenile Jails, which treat them as children with a lot of social work and full-time schooling. Many are also sent home, and may be mandated to special schools and made to attend counseling and other violence reduction programs.

Reversing the criminal tendencies of an individual has a much greater chance of success if you start young. Most of the kids in the system will change, if you get to them early enough.

Questions: What is the age of Criminal Responsibility in the DR? and, How are the little Delinquents processed once the system becomes aware of a problem?

Mirador · #2 03-23-2005, 10:33 AM

One thing's for sure, it doesn't work in the DR like in NYC. For example, about two months ago I received a phone call from a distant cousin who told me that his mother and three sisters (ages about 11 to 15) were in jail at the San Juan de la Maguana police headquarters (el cuartel). He sounded very distressed, mentioning that they had been arrested the day before, over a fight outside the local school. I told him to call me back in about an hour. In the mean time, I found out the cell phone number of the Judge in charge of family affairs in San Juan, and proceeded to call her with a tone of voice that left no doubt about my authority. The Judge told me she had not been notified of the arrests by the local prosecuter. I told her of course not, since the police were trying first to sell the prisoners to the highest bidders (from among the local lawyers). I advised her about the new legal procedure, that their arrest was illegal, and that children were involved... When my cousin called me back in an hour, he confirmed that his mother and sisters had just been released. By the way, I'm not a lawyer

Naufrago · #3 03-23-2005, 01:24 PM

Quote:

Originally Posted by Mirador

The Judge told me she had not been notified of the arrests by the local prosecuter. I told her of course not, since the police were trying first to sell the prisoners to the highest bidders (from among the local lawyers).

Interesting. What exactly do you mean? For prostitution? or Slavery? Please tell me more? I'm very interested in how Children are treated by the police in this country. Has anyone else heard about such abuses?

Mirador · #4 03-23-2005, 02:31 PM

Before the new Penal Code (Código Procesal Penal), when visiting a police station, it was difficult to get past the wake of buzzards (I mean lawyers ;-) hovering about... When my cousin called me from San Juan, two lawyers got on the phone offering their services. Traditionally, the police get a first shot at a prisoner, which means you can 'buy' the prisoner's freedom by paying a 'fine'. Once the police reports the prisoner to the prosecuter, then the 'fine' jumps several-fold, payable to the prosecuter plus the police, and if it gets all the way to the judge, then you're talking about big-money, all the while the buzzards (I mean the lawyers ;-) are picking at the carcass for what they can get... The new Penal Code tries to put a stop to this, and that's why most lawyers are against it. In many instances, children are locked up with the adult prisoners, and this is a very sad situation indeed.

Fabio J. Guzman · #5 03-27-2005, 05:01 PM

The age of criminal responsibility in the DR is 13 (Article 223 of the Code of Minors). Children under that age cannot be charged with a criminal offense.

Actually, Dominican law defines as a “child” any person under the age of 13 (Principle II of the Code of Minors). Therefore, children as legally defined in the Dominican Republic are not criminally responsible for their acts.

Adolescents, defined as persons 13 years or older but not yet of legal age (18) are criminally responsible. However, their cases come under the jurisdiction of special courts and the sentences they may receive are capped at 3 years for ages 13 to 15, and 5 years for ages 16 to 17.

Rick Snyder · #6 04-14-2005, 02:30 PM

Mr Guzman, what would happen if a ten year old child were to break a vehicle window to gain entrance to the vehicle and were caught inside the vehicle. If he is unable to be charged are his parents then obligated to pay damages?

In reference to the 1,143 students in the politécnico in Invivienda who have had no classes for a month due to no electricity which is caused by the State failing to pay their bill. Does the Dominican law allow the people to file suit against the State for violation of Section 1, article 8 paragraph 16 of the Constitution of the DR and Ley 66-97, Título I, Capítulo I, Art. I – Ley Orgánica de Educación de la República Dominicana?

Fabio J. Guzman · #7 04-17-2005, 10:14 AM

Parents are responsible for the damages caused by their children (Art. 1384 of the Civil Code).

You may file suit against the State and even obtain a favorable judgment. The problem lies in enforcing it.

Mirador · #8 04-17-2005, 11:06 AM

what about when children are the 'damaged party', and the 'damaging party' is the State. For example, children in public schools in the Province of Baní haven't had classes for the last two weeks, something about the teachers being on strike for back pay or pay raise. Can the children sue? and how?

cuplhuang · #9 04-20-2005, 10:05 AM

What can be done to a kid below the age of Criminal Responsibility in the U.S. to prevent him or her from more dangerous acts?
Thanks

Eddy · #10 04-20-2005, 10:41 AM

Quote:

Originally Posted by cuplhuang

What can be done to a kid below the age of Criminal Responsibility in the U.S. to prevent him or her from more dangerous acts?
Thanks

U.S.?