What are criminal costs and who has to pay them?

In Dominican legal proceedings, a convicted individual may face not only penalties like fines but also the obligation to pay "costas penales," or criminal costs. This measure requires the defendant to reimburse the state for expenses incurred during the judicial process. The decision to impose these costs rests with the judge who declares the defendant guilty and responsible.

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The decision rests with the judge who declares guilt and responsibility and there orders the payment of criminal or civil costs.

It is crucial to distinguish criminal costs from civil costs. While criminal costs are owed to the state, civil costs are awarded to private parties or victims. The scope of criminal costs can be complex to calculate, encompassing the state's significant expenditures, including police custody, prosecutor's time, and judicial extensions. Unlike fixed fines, assessing the total cost of a lengthy judicial process presents a challenge.

In practice, the collection of criminal costs faces significant hurdles. Lawyer Cándido Simó explained that if a convicted person cannot afford to pay or is declared insolvent, the state cannot imprison them for this debt. The constitution prohibits penal persecution or imprisonment for debts. While the state collects fines as a form of punishment, the payment of criminal costs is often considered a symbolic accessory.

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The State has very high costs to process someone, starting with those involved in police custody, the time a prosecutor spends processing, or the hours of a judge on extension, among other expenses covered by the State. But that is one aspect. The practice is that, in costs, the State would have to liquidate them; that is, make an inventory of everything that has been spent.

Simó noted that the state lacks specific mechanisms to enforce payment for criminal costs. "There are no apprehension mechanisms for costs, because the Constitution states that there is no place for criminal prosecution or imprisonment for debts," he stated. This means that while the state may technically be owed these funds, the practical ability to collect them from an insolvent individual is severely limited.

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There are no apprehension mechanisms for costs, because the Constitution states that there is no place for criminal prosecution or imprisonment for debts.