Dominican lawyers question new penal code's sentence accumulation

Dominican lawyers are divided over the new penal code's "cúmulo de penas," a provision allowing the summation of sentences for multiple convictions. While some see it as a progressive step to deter crime, others argue it represents a significant setback for the justice system.

One prominent concern is that sentence accumulation could effectively result in life imprisonment. A lawyer cited the example of a 30-year-old individual sentenced to 60 years, arguing such a lengthy term is practically equivalent to a life sentence. This perspective suggests the measure could disproportionately impact individuals and strain the penitentiary system.

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For me, it is a total step backward for the criminal process in this country.

Conversely, some legal professionals defend the provision, viewing it as a necessary tool to instill fear of justice in offenders. They point to similar systems in countries like the United States as evidence of its potential effectiveness. However, they acknowledge that implementing this new legal framework will require a learning curve for legal practitioners.

Several legal challenges have been filed with the Constitutional Court, seeking to overturn the penalty accumulation clause entirely. The outcome of these cases remains pending, leaving the future of this controversial aspect of the new penal code uncertain.

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The legislator has sought with the accumulation of penalties that offenders fear justice.