New Penal Code in Dominican Republic Could Debut with Recent Violent Cases

A week after its implementation, the Dominican Republic's new Penal Code is poised to make its debut in the courts with cases stemming from recent violent incidents across the nation. Promulgated by President Luis Abinader via Law 74-25, the legislation took effect on Monday, August 3, following a year-long period of vacatio legis.

All offenses committed on or after August 3 will be adjudicated according to the new code's provisions. This updated legislation introduces specific penalties for violating restraining orders, formally defines femicide, and imposes harsher sentences for administrative corruption. Among the incidents falling under this new purview are a double homicide in Villa Jaragua, a reported femicide in Montecristi, and a shooting during a basketball tournament in Santo Domingo Este that injured a teenager.

Conversely, cases that occurred before August 3 will continue to be prosecuted under the previous legal framework, dating back to 1884. This adherence to the principle of non-retroactivity, enshrined in the Dominican Constitution, ensures that individuals are judged by the laws in effect at the time of their alleged offenses.

The new code's potential application is highlighted by a double homicide in Villa Jaragua on August 8. The incident at the Drink La Trampa establishment resulted in the deaths of Jerinton Paulino Pérez Méndez, 54, and Juan Diego Sena Matos, 20, with two others injured. Durvín Méndez Peña, alias "Kekero," is implicated and has surrendered to authorities. Under Article 92 of the new code, this case could be classified as aggravated homicide, carrying potential sentences of 30 to 40 years imprisonment and a fine equivalent to 50 to 1,000 minimum public sector wages if the prosecution proves the elements of the crime.

Another case potentially subject to the new Penal Code involves a femicide in Montecristi, where Nelqui Alejandra Rodríguez García, 28, allegedly died at the hands of her partner. Alan de Jesús Guzmán Castellanos, 30, has been arrested by the National Police in connection with the incident. The new code explicitly recognizes femicide as an autonomous offense under Article 93, penalizing anyone who causes the death of a woman because she is a woman, regardless of age, relationship status, or location. The penalty for this crime is also set at 30 to 40 years imprisonment.