IMPACT OF NEW CRIMINAL PROCEDURE CODE OF THE DOMINICAN REPUBLIC AND ITS INFLUENCE ON PUBLIC SAFETY DURING THE PERIOD FROM 2005 TO 2011. (PART ONE)

Fundeimes.blogspot.com

(FREE TRANSLATION)

FOUNDATION FOR DEVELOPMENT AND

IMPLEMENTATION OF STRATEGIC STUDIES

(FUNDEIMES)

TITLE:

IMPACT OF NEW CRIMINAL PROCEDURE CODE OF THE DOMINICAN REPUBLIC AND ITS

INFLUENCE ON PUBLIC SAFETY DURING THE PERIOD FROM 2005 TO 2011.

(PART ONE)

AUTHOR:

RAMIREZ RAUL RODRIGUEZ

DOMINICAN REPUBLIC ARMY COLONEL (DEM)

MASTER IN DEFENSE AND NATIONAL SECURITY

SANTO DOMINGO, DN

YEAR 2014


CLARIFICATION:

"OPINIONS CONTAINED IN THIS TEST ARE

THE SOLE RESPONSIBILITY OF THE AUTHOR AND NOT THE

INSTITUTION

SOLIDARITY WITH THE CONCEPTS NECESSARILY ISSUED".


TITLE

IMPACT OF NEW CRIMINAL PROCEDURE CODE OF THE DOMINICAN REPUBLIC AND ITS INFLUENCE ON PUBLIC

SAFETY DURING THE PERIOD

From 2005 to 2011.


CONTENTS Introductory framework (Introduction of the Bill) i I-Problem 1.1 Statement of the Problem-ii 1.2 -. Systematic Problem Formulation and iv 1.3 -. Demarcation Problem v 1.4 -. Justification Research v 1.5 -. Objectives viii 1.5.1 -. Viii General Purpose 1.5.2 -. Specific Objectives viii II -. Theoretical Framework 2.1 -. Theoretical Background viii 2.2 -. Historical Background .. ix 2.3 -. Setting Context ..... xii III -. Defend Idea xiii .............................................................................. 3.1 -. Variables .. xiv 3.2 -. Indicators .. xiv IV -. Methodological Framework 4.1 -. Research design. xiv

4.2 -. Reasoning type. xiv

4.3 -. Research type. xiv

4.4 -. Analysis techniques. xv

4.5 -. Instruments. . xv

4.6 -. Tools for analysis and presentation of data. xvi

Chapter I Background to the Criminal Procedure Code, Evolution and Public Safety.

1.1 -. Historical Evolution of the Criminal Procedure Law. 01

1.2 -. History in antiquity 02

Historical Process

1.3-Criminal Procedure Code 03

1.4 -. Antecedent Model Code or Type (Latin America) 12

1.5 -. Evolution of Security Forces in the Dominican Republic. 17 Chapter II Legal Nature of the Criminal Procedure Code and the Citizen insecurity.

2.1-Legal Nature of New Criminal Procedure Code Dominican Republic 28

2.2.-The New Criminal Procedure 30

2.3-Legal Phenomenon Citizen Insecurity. 32

2.4.-Theory of Crime and Insecurity Phenomenon 37


Chapter III Basics of Public Safety in the Dominican Republic.

3.1 -. Crime 46

3.2 -. Factors, Causes and Consequences 47

3.3 -. Crime Urban 49

3.4 -. Consequences of Growth of Urban Crime. 49

3.5 -. Democratic Intervention in the Field of Urban Security 53

3.6 -. Security and Civil Defense Armed Forces and the National Police 57

3.7 -.'s Public Safety and Public Safety 58

3.8 -.'s Public Security System in Dominican Republic 63

3.8 1 -.. Problems of Public Safety in the Republic Dominican. 63

3.8.2 -. Judicial Standards Public Safety 69 Chapter IV Influence of the new Criminal Procedure Code in the Public Safety, Military Tribunals and Guarantor character of Human Rights.

4.1 -. Dominican Criminal Procedure Code and the Military Jurisdiction 77

4.2 -. Closure of Hearing and Resolution 81

4.3-Composition of Military Courts 83

4.4 -. Special Committees or Ad-hoc Tribunals 84

4.5 -. Influence the Criminal Procedure Code before the Public Safety in the

Dominican Republic 86

4.6 -. Attribution of Articles 4 and 57 of the Code of Criminal Procedure 87

4.7 -. Spirit of Act 278 of 2004 90 Year

4.8 -. Humanization of Criminal Procedure 91

4.8.1 -. Garantistas Foundations of the Universal Declaration of Human Rights. 92

4.8.2 -. Relevance of Implementation of the Guarantees Fundamental 94

Conclusions

Recommendations

Preliminary Bibliography

Work Schedule

Tentative Budget

Annexes


INTRODUCTORY FRAMEWORK INTRODUCTION

The proposed research topic entitled: Impact of the Criminal Procedure

Code and its Influence in the Public Security System in the Dominican Republic,

which is of great importance, as there have been various approaches regarding the

efficiency or otherwise of Procedure Code regarding the imposition of sanctions.

The importance of the development of this study lies in the feeling that the

population of the code is largely responsible for the high crime rate recorded in the

Dominican Republic, based on the weaknesses of the Code and the impact caused

the public safety system which poses a significant and with the elimination of

analysis courts martial, and the implementation of a system of guarantees of

Human Rights

The realization of this work is the product of painstaking research, which

seeks to describe the impact of the Criminal Procedure Code on public safety, in

terms of their general rules.

General aspects and their roles, as well as the set of factors that seek to

evaluate the determinant role, and the role of each of the actors in the research

process are described.

In the same line is to describe the role of the police in making effective

decisions in criminal investigation and his role as assistant prosecutors.

Assessing the normative aspects of criminal investigation, where it is

necessary to describe the reality of the topic, and what should be the normative

value and particular rules as to propose its overall essence.

The subject of study was focused on four chapters are presented as follows:

Chapter I, describes the background to the Criminal Procedure Code

Antique, historical evolution and Public Safety, history, historical processes of the

Criminal Procedure Code, the Criminal Procedure Code Background Model Type

for Latin America and the evolution of the security forces in the Dominican

Republic.

Chapter II, refers to the legal nature of the Criminal Procedure Code and

Citizen Insecurity, assessing criminal proceedings, legal phenomenon of insecurity

and crime theory as a phenomenon of insecurity.

Chapter III, basic aspects of public safety in the Dominican Republic, factor

in crime, causes and consequences of growth, democratic intervention in urban

security and the roles of the armed institutions of the country.


Chapter IV concerns the influence of the Criminal Procedure Code in the

Public Safety, and guarantor of human rights nature, assessing the role of the

Code Dominicano in special commissions, influence the Criminal Procedure Code

and structural roles in terms of Indeed, relevance and implementation of the

Fundamental Guarantees.

PROBLEM 1.1 -. Statement of the Problem

The enactment of the Criminal Procedure Code in the Dominican Republic, has

been one of the most traumatic periods, resulting from high crime, conceived as a

rule of order and security is of paramount importance for public safety, not denied

in any area that is the responsibility of the state and seeks to avoid disturbance to

the social order, aimed at the harmonious coexistence between citizens and

respect for individual rights.

The fragility of the application system agrees to accept the Public Safety is a

service, and aims, broadly understood, is to maintain public order, protect the

physical integrity of persons and property, prevent crimes and infractions laws and

regulations, assist in the investigation and prosecution of crimes, criminals and

offenders, help the population in case of accidents and disasters.

The country continues to believe that the new Criminal Procedure

Code, which is not so new, could somehow efficiently help control crime, but

it sounds so illusory to think that, through legislation or administrative

decisions can change old procedural practices of criminal proceedings that

has prevailed for centuries, as a faithful heir of the most conservative and

stale cultural models of the colonial era. And the reform of the Code that was

done with the goal of bringing new implementations did not have a

preparatory platform for entities to pursue the offense for which there is

already talk of a new reform in which a broad consensus expected where all

sectors, which proves a commitment to be involved, not only political but of

all sectors related to justice and civil society itself, that somehow commits

them to know and accept the changes implied in this process New Model of

Justice, and after that, there is also consensus for reforms by institutions

that entails. And once you have properly agreed the New Process Model, to

be provided a constitutional and legal framework with a suitable budget can

be implemented gradually. Only then, we can speak of a real process of

criminal justice reform. But it seems that has not been learned in recent

history linked to the criminal justice system in 2002, which was promulgated


and put into effect two years later, due to the formative weakness of the main

performers actors of the new model of criminal procedure that would prevail

in Dominican society.

However, approval, promulgation and enforcement of the Criminal

Procedure Code has not meant a change of inquisitorial model has the Dominican

Republic as a result of the same weaknesses that the process of adapting the new

system startup.

This reality, demand for new alternatives, viable, capable of fostering a new

structure of the justice system, whose bases may become a public safety standard

that allows the harmonious coexistence of each of the actors involved in the

process.

While it is true that the Criminal Procedure Code, constituted as a normative

system is intended to modernize the justice system, which nevertheless existing

with some of the actors, discrepancies structural reform, allowing a level of fitness

is required consistent with the needs demanded by society, able to engage society,

the Public Ministry, the National Police and the armed forces as a mechanism to

ensure the effective implementation of a harmonized system and guarantor of

public safety, which is what is sought in this focus.

At present, the answer provided by the criminal justice system to crime is

totally inadequate, not only by the lack of a serious and coherent criminal policy,

but also by the ease with which those who commit the crime out of prisons. In

addition, all response generates the criminal justice system is slow, costly,

ineffective and lack of guarantees, really understand the change proposed by the

new adversarial model, in regards to the new form of response to crime, means

first, break the paradigm of the judicial investigation, practices and entire

administrative apparatus that serves as support, and having done so, consider

organizing the Public Ministry, in form and needs demanded their new roles.

Keep in mind that the public prosecutor handles cases before the judges,

and that such cases are resolved, hearings are scheduled, consequently, one of

the most important things that the prosecution is aware, the rationalization of

resources and control flow cases. If you do not know how to manage the resources

(which are always limited) and the flow of cases (which always tends to grow), the

public prosecutor has shown problems to investigate and defend their cases, while

congestion has generated a hearing , which many are frustrated by the Attorney

inconcurrencia own to address others.


Here it should be clear that the most important to the public prosecutor, is

organized in such a way that allows rationalize resources and control the flow of

cases, as this will allow you to do really good research on major crimes and

prevent the hearing system collapse. In other words, the success of the new

adversarial model depends on how the prosecution made its investigative

processes and well-supported evidence. 1.2 -. Formulation and systematization of the Problem

Problem Formulation

. 1 - What is the impact of the new Criminal Procedure Code in public safety in the

Dominican Republic? Systematization of the Problem

. 2 - What aspects of the Code of Criminal give away with the insecurity?

. 3 - What aspects of the CPP influence on public safety?

. 4 - What affects the Criminal Procedure Code in the deterioration of public

security in the Dominican Republic?

. 5 - How has contributed the new Criminal Procedure Code in fighting crime in the

Dominican Republic? 1.3 -. Demarcation Problem

The approval and launch of the Criminal Procedure Code as a system

of great influence in public safety, brought changes to the system of military

justice yet to see sometimes martial at once, I think the perception of

increased insecurity, and that causes constitutes a key element for the

immediate release of those who have a habit of life crime.

Faced with the legal reality of the enactment of the Criminal Procedure

Code (Act No.76-02), mechanisms of character legal, political and social for

assisting public safety in the state are established.

This reality imposes address the impact of the new Criminal Procedure

Code and its influence on the system of Public Safety in the Dominican Republic

during the period 2005-2010. 1.4.-Research Justification

Pleas

The enactment of the Criminal Procedure Code in the Dominican Republic,

has been one of the most traumatic periods, resulting from high crime, conceived

as a rule of order and security is of paramount importance for public safety, not

denied in any area that is the responsibility of the state and seeks to avoid

disturbance to the social order, aimed at the harmonious coexistence between

citizens and respect for individual rights.


The fragility of the application system agrees to accept the Public Safety is a

service, and aims, broadly understood, is to maintain public order, protect the

physical integrity of persons and property, prevent crimes and infractions laws and

regulations, assist in the investigation and prosecution of crimes, criminals and

offenders, help the population in case of accidents and disasters.

The country continues to believe that the new Criminal Procedure

Code, which is not so new, could somehow efficiently help control crime, but

it sounds so illusory to think that, through legislation or administrative

decisions can change old procedural practices of criminal proceedings that

has prevailed for centuries, as a faithful heir of the most conservative and

stale cultural models of the colonial era. And the reform of the Code that was

done with the goal of bringing new implementations did not have a

preparatory platform for entities to pursue the offense for which there is

already talk of a new reform in which a broad consensus expected where all

sectors, which proves a commitment to be involved, not only political but of

all sectors related to justice and civil society itself, that somehow commits

them to know and accept the changes implied in this process New Model of

Justice, and after that, there is also consensus standards which are imposed

as a viable rule allowing the rule of law in society.

While legal guarantees are presented as general rules that tend to

strengthen the set of evaluative aspects governing the application of the Criminal

Procedure Code and the procedural safeguards existing in society.

Relevance

When referring to public safety urgent strengthening the system of police

protection, since it really is evident that there has been an increase since 2004 of

criminal acts, which discuss their abominations by cause for so theft is cited armed

hands, in quarrel or dispute about distribution and other drug use and theft of

vehicles by others.

The operation of the Criminal Procedure Code as public security mechanism

imposes establish that policing is determined based on propose alternative

mechanisms that can contribute to streamline the institution of the order, and any

other institution that somehow have to do with public safety.

Importantly really agencies responsible for public safety and public need to

walk to hand the company to provide the service expected but it is unfortunate that

despite the everyday experiences and the criminal acts that are committed, even if

the company continues to work leaving only the authorities not understanding that


the work is of the whole society and not just the repressive bodies and its members

are an extract of that society who is expecting a high crime that embraces us.

How can a public body, which takes real effort discrediting without further

action on them what to do is support more policing to fight the transgressors by a

policeman and taken to modernize has the support of society to be motivated and

work hard in preserving the life of the individual as well as their property, and let

pessimism and dissatisfaction with the fight against crime waged by thousands of

law enforcement officers, who often are killed, because they see the daily increase

in crime, insecurity and violence, assaults, murders of civilians and police and

likewise not also forget those who do not adapt to the measures, which becomes a

murderer potential, which does not hesitate to kill anyone who acts opposite her.

The offender is wise and almost never raises his hands in the presence of

police, and his instinctive reaction is to attack if avoidance is impossible,

consequently resulting in the police kill the offender or kill leave him in the attempt

to defend his life way more important than the offender.

Contributions

This research aims to highlight the existing through the change that has

taken place in the justice system of the Dominican Republic problematic

established based on an eminently capable guarantee model, which raises the

modulation of a new research system, strengthen the set of rules that stand as

system standards prevailing law in society. 1.5 -. Objectives

1.5.1.-General Purpose

Analyze the impact of the new Criminal Procedure Code and its influence on

Public Safety. 1.5.2.-Specific Objectives

-Outlining the background to the Criminal Procedure Code and the evolution

of public safety in the Dominican Republic.

-Describe the legal nature of the new Criminal Procedure Code and public

insecurity.

-Evaluate the various aspects of crime and public safety.

- Influence of the new Criminal Procedure Code in the Public Safety, Military

Tribunals and Guarantor character of Human Rights.

II.-Theoretical Framework 2.1 -. Theoretical Background


Dominican criminal policy has been a considerable change in recent years,

so that by the way you are setting the same and for the role they are playing both

Secretary of Interior and police and other state institutions involved so directly and

indirectly to the subject.

Don Luis Jiménez (1987), cited in the book "The Law and Crime" refers to

the Italian philosophical positivism came to the Americas via Argentina, and then

penetrated Mexico, Colombia and Chile, where different writers on each of these

nations became his defenders.

For Professor Felix Damian Olivares (2006), referring to the public safety

defined as a service that should be universal (must reach all people) to protect the

physical integrity of citizens and their property. For this, there are security forces

(including the police), working in conjunction with the judiciary.

Further notes that the forces of public security must prevent and punish

crimes once they are underway. It is also a function of the security forces pursuing

criminals and bring them to justice, which will be responsible for establishing the

appropriate punishment according to law.

2.2 -. Historical Background

In times past was hermetizada democracy and to mention two great

Dominican leaders as were Dr. Joaquin Balaguer and José Francisco Peña Gómez

which stood as mass leaders influencing society which had a repressive system

was not suitable for the Dominican people, because at that time the company was

earning that start humanize justice and there was a belief in political leadership that

a people without democracy was easier to govern a people who can give opinion

between good and bad that happens in a nation. Before concluding with the

historical aspect according to the press of those times and documentaries René

Fortunato, it can be seen that the rate of criminal crime was almost zero in the era

of Trujillo and the cases that the police repressed was always against those who

fought for freedom and against the regime.

For governments Balaguer was almost the same, the only difference to

be found, is that in this period and the population begins to grow, and now

enters a process of social change, which results in a loss of absolute fear as

when Trujillo, and new neighborhoods that eventually were reddening, due to

neglect, the situation left by the triumvirate and the revolution of 1965 and

the lack of opportunities generated by these causes arise. ZOOM


At the time the criminal policy was directed by the national police, and

notwithstanding that a police unprepared that all he could do to prevent what is

considered crime was hidden fend penal system.

In times past was hermetizada democracy and to mention two great

Dominican leaders as were Dr. Joaquin Balaguer and José Francisco Peña Gómez

which stood as mass leaders influencing society which had a repressive system

was not suitable for the Dominican people, because at that time the company was

earning that start humanize justice and there was a belief in political leadership that

a people without democracy was easier to govern a people who can give opinion

between good and bad that happens in a nation. Before concluding with the

historical aspect according to the press of those times and documentaries René

Fortunato, it can be seen that the rate of criminal crime was almost zero in the era

of Trujillo and the cases that the police repressed was always against those who

fought for freedom and against the regime.

For governments Balaguer was almost the same, the only difference to

be found, is that in this period and the population begins to grow, and now

enters a process of social change, which results in a loss of absolute fear as

when Trujillo, and new neighborhoods that eventually were reddening, due to

neglect, the situation left by the triumvirate and the revolution of 1965 and

the lack of opportunities generated by these causes arise. ZOOM

At the time the criminal policy was directed by the national police, and

notwithstanding that a police unprepared that all he could do to prevent what is

considered crime was hidden fend penal system.

Democratita security plan is justified by his predecessors saying: "That in

the country as elsewhere in Latin America, prevention policies are often

characterized by unpredictability and improvisation, with the logical results they

usually prepare." (Felix Damian Olivares, Dominican Criminal Procedural Law,

2000, p.65).

It contributes to several factors: a) the actual crime in the country is

unknown, because there is no estimate of the black figure (offenses not reported)

and faulty measuring the official crime (alleged infringements) largely the product

of institutional weakness; b) There is no field work on the most serious types of

crimes or higher social impact; c) does not have specific programs that act on

factors associated with crime and violence; d) The system of investigation and

prosecution of the offenses is too inefficient, so that most of the authors are not

identified and a high percentage of individualized evade the course of justice; e)


the prison system, instead favoring the rehabilitation of perpetrators of violations,

represents a powerful additional criminological factor.

Develop an effective plan requires, first reliable information related to the

phenomenon on which it proposes to act, and on the other, take care of the

complexity of this phenomenon and levels of intervention, all of which calls for a job

and joint set of state agencies with direct responsibilities, but also those that can

act on the underlying factors associated with crime (poverty, marginalization,

homelessness, employment, access to education, etc.). (Felix Damian Olivares,

Dominican Criminal Procedural Law, 2000, p.67).

Since the pronunciation of the Democratic Security Plan in February 2005,

the formulation of the Dominican Criminal Policy is divided into three types of

actions to combat the evil of crime in the Dominican territory. 2.3 -. Contextual Framework

Security is not an issue of the moment act, where the problem of public

security has become one of the great challenges of the state, which should

promote and ensure effective community participation in the design,

implementation and monitoring of strategies and measures own criminal policy.

Democratize public security policy, as part of state policy, involves

abandoning the approach taken so far and characterized American Institute of

Human Rights as "institutionally segmented settled exclusively in the development

of specific and reactive measures against specific and institutional framework

marked by duplication of agencies, weakness in the interstate coordination and the

absence of involvement of other stakeholders on strategies to address the issues

in question "problems. (I. Camacho and Criminal Practice Guide First Instance,

2003, p 165).

Democratizing security policy involves complete with improvisation and with

excessive autonomy of policing (policialización security), developing a genuine

state policy that considers the problems in their entirety and be respectful of

democratic values.

The Democratic Security Plan in the Dominican Republic was implemented

through the Barrio Seguro program, this program can be defined as the process

that is triggered from the criminal policy formulation by the attorney general of the

republic in the Compendium of the outline of the criminal policy within the

parameters of the Democratic Security Plan for the Dominican Republic. Safe

neighborhood began on August 31, 2005, by decision of the President of the

Republic Dr. Leonel Fernandez, on the iconic pilot had the perception that citizens


in this neighborhood were higher crime rates. After the success of the program

tested in cape spread to 12 districts that complete the note part of the National

District.

After the success obtained in the districts intervened in the national District

over the northern region of the country program, specifically in Santiago, 14 of her

hottest neighborhoods in a ceremony which was spearheaded by the President

and the Secretary of Interior Police and Mr. Franklin Almeida, a hundred fires in the

neighborhood. Then in 17 neighborhoods of the city of Santiago.

Safe neighborhood currently (January 2009) is being implemented in 103

districts of the capital and Santiago, in which more than 7 sub-programs which

develop spoken in section 5.5, in order to ensure the exercise of the citizen rights

and overcome the absence that the State had excluded communities, creating

opportunities for participation and solidarity and co-publications of physical and

material security for community organizations and society regain their social space.

The democratic security plan is the product of a team effort by the Ministry

of Interior and Police, the Attorney General's Office and the National Police. At the

time of its formulation was advised by a group of national and international experts

who worked on the diagnosis of the problem of security in the Dominican Republic

and suggested courses of action.

The democratic security plan has two main purposes. The first is to restore

the authority of the Dominican State, through a thorough reform of the National

Police. This step seeks to achieve not only the permanent presence of security

forces in the cities and towns of the country but also restore public confidence in

this institution. The second purpose is to ensure the basic rights of each and every

Dominican Dominican so that the city becomes the main actor of democratic

security in the Dominican Republic. III-Idea to Defend

The implementation of the new Criminal Procedure Code adversely affects

public safety in the Dominican Republic during the period 2005-2011, as a system

of Situational Crime Prevention.

3.1-Variables

Negative influence

P ublic Safety


3.2-Indicators

Unwillingness pol í policy on public safety

A c guarantor or say very procedural criminal

Increased Crime

IV.-Methodological Framework

4.1 -. Design Research

The research is descriptive, as it seeks to describe the legal formalities of

the Criminal Procedure Code as situational legislation that seeks to establish a

control system in reducing crime.

According to the strategies used in the investigation is documentary or

bibliographic, since in the same texts and documents shall consult, as well as laws,

constitutions, law of public safety, interviews by which it seeks to address and

explain all the legal aspects establishing the basis of the subject.

4.2 -. Reasoning Type

Logical reasoning, based on the need to assess and describe the general

rules of the analysis process is used.

4.3 -. Type Research

Depending on the time of occurrence of events and records information,

research is: Foresight, because it records events that relate to the functions of the

Code as a crime prevention situation.

According to the sequence of the study period, the research is: Longitudinal,

since the problem is studied in terms of the general rules that describe the

functions and powers of the law.

The research used in the study process is bibliographic and descriptive,

because it is a desk research the various documents are analyzed and the various

phenomena related to the subject under investigation are described. The research

is documentary or bibliographic used in the same texts and consult documents and

interviews by which it seeks to address and explain all the legal aspects that are

established as a base theme.

4.4 -. Analysis techniques

The various methods, such as surveys, interviews, analysis to describe the

importance of the approach seeks to present, and will be used in the analysis:


Monographs: We would verify the analysis on topics that deal with

extradition.

Legal vocabulary is utilized as an aid for conceptualizing legal terms.

Codes and Laws: Will be used as a starting point for research. 4.5 -. Instruments

Interviews, surveys and other elements that serve as benchmark for general

information generating process study was used.

Interviews: Interviews are used to legal specialists in order to get feedback

on how this issue is treated in practice ahead of what is written.

4.6 -. Tools for analysis and presentation of data.

Will be presented and evaluated after analyzed and assessed each of the

elements of the subject under study.


CHAPTER I

Background to the Criminal Procedure Code and the Evolution of Public Safety.


CHAPTER I

BACKGROUND TO THE CRIMINAL PROCEDURE CODE AND THE EVOLUTION OF PUBLIC SAFETY.

1.1 -. Historical Evolution of Criminal Procedure

In the Babylonian Empire the person suffering damage simply exercised

prosecution. These were times where private vengeance avenged one who was

considered by society as he had failed in his duty, (p4 foundation of criminal law),

in that historical period man defended himself their rights. There was also the law

of retaliation which stated that the offender will be applied just as he had done to

the victim.

But they were later problems with respect to certain crimes in which types

could not apply the law of retaliation, such as those committed against honesty or

lascivious. The law of retaliation was the similarity of vengeance, so that a person

is what he did to the other person. (P. Arellano Law Criminal Procedure, 2004, p

243)

In Greece also in the twelfth century BC, Dacron opted to impose the death

penalty for all crimes. There were periods where he ignored the law of retaliation,

but a century after Solon reset again.

In time later, in Rome, however, turned to restoring law of retaliation but with

a legal sense, if anyone breaks one member to another and was not settled with

him, do yourself the same, the formula is subordinated to the composition or

settlement of the parties. (Momethiano S. Law Criminal Procedure, 2001, p 431).

The retaliation is objective limitations of revenge, first by the ratio of

punishment to the materiality of the offense. The second objective limitation of

vengeance was the composition. This is a monetary penalty as compensation is

bound to accept the victim.

You must set this figure that by the citizens had in their hands the exercise

of stock, not only the victim of the crime, but also to the citizens requesting the

suppression of unlawful authority. As crimes engendered an evil in society, citizens

who were victims or not those were responsible for bringing proceedings.

This figure born in Rome. Appointing a citizen to bring before the Court the

voice of the people of the indictment. Temosteti existed in Greece, whose duty was

to report crimes to the Senate. During the Middle Ages, as were the feudal lords

who exercised such action. (Momethiano S. Law Criminal Procedure, 2001, p 431).


There the idea that the victim of the offense was responsible for prosecuting

and the exercise of the stock placed in the hands of an independent citizen is

abandoned, thus reforming the procedure whenever a third party, not the victim of

the offense was who persecuted him and sought responsible punished. 1.2 -. History in antiquity

In Greek law, the King, the Council of Elders and the People's Assembly, in

some cases, oral trials carried out of a public nature to punish those who were

carrying out acts that violated the uses and customs. In these cases the victim, or

any citizen, or had held his indictment before the Archon, which, when it was not

private crimes and, as appropriate, to the Court of Areopagus summoned at the

Ephetas and heliasts, ayi the accused defended himself, though at times they were

helped by some people.

The Romans eventually were slowly taking institutions to make major

changes to Greek law, which gave him very peculiar characteristics that later would

be used to mold classic way to establish the modern Law of Criminal

Procedure. (Bacigalupo, E. Studies on the Special Part of the Criminal Law, 1999,

p 256).

In criminal matters in the share of actiones legis (Lay) stage, state activity

manifested in criminal proceedings public and private. In the private process, the

state was a kind of arbitrator who heard the parties and based on what they

exposed to settle the case.

Subsequently this type of process fell into disrepute, so the public criminal

proceedings was adopted, so called because the state only intervened in crimes

that were a threat to the order and political integrity.

Later, during the monarchy fell in the inquisitorial procedure, beginning the

use of torture applied to the accused and even witnesses, judged the praetors,

proconsuls, prefects and some other officials.

The criminal case was of public two fundamental ways: Cognitio which was

conducted by state organs, and Accusatio, which sometimes was in charge of a

citizen.

1.3 -. Historical processes of the Criminal Procedure

The Cognitio

She was considered the oldest form in which the state ordered

investigations to know the truth of the facts, and did not take into consideration the


defendant, because he is only giving interference after he had pronounced the

judgment, to ask the people will annulled the judgment.

The accusatio emerged in the last century of the Republic and evolved

earlier forms; during its term, the investigation and bringing proceedings to a

representative of the company accuser was entrusted, whose functions were not

really official. The statement of the law was a matter for the elections, the

questiones and a magistrate. "(Duarte, Pedro J. Opinions of the Attorney General,

2003, p 159).

At the beginning of the imperial era, the Senate and the emperors were

those who administered justice, and the criminal courts, corresponded to the

consuls to preliminary information, the conduct of legal proceedings and the

judgment.

Under the rule, the adversarial system is not adapted to the new political

forms as private prosecution came to leave by stakeholders, the extraordinary

process was established for the judges, in the absence of private prosecution,

necessarily take him out .

Canonical Process

It is relevant to establish that the Church developed its own body of criminal

law, which also built a special kind of process that was based primarily on the basic

elements of the Roman trial, and later acquired characteristics. It was the Church

who built and fixed the exchange inquisitorial process, and introduces the

principles, which became fundamental inquisitio of ex officio and the independence

of the judge to the investigation of truth. In canon law, the procedure was as

inquisitive, was established in Spain by the Visigoths and then generalized to the

French Revolution (Duarte, Pedro J. Opinions of the Attorney General, 2003, p

162).

Among the features of the inquisitorial trial system is that it was common in

the use of torture to extract confessions from the accused, who was held

incommunicado and had no defense, as in the person of the judge functions

prosecution and defense met decision. (Matthew Calderon F. The New Criminal

Procedure, 2004, p 45).

Commissioners, who were in charge of the investigation practice to let the

tribunal of the Inquisition behavior of individuals in relation to the impositions of the

Church itself were instituted. When operation of the Episcopal Inquisition was

regulated, was entrusted to two lay persons the investigation and reporting of

heretics;and acts and procedural functions were attributed them to the inquisitors.


Common or Joint Criminal Procedure:

Considering the Romans and canonical elements born and unfolds in Italy

ordinary criminal process (XII century), mainly due to the work of the Bolognese

jurists. This process quickly spread outside Italy and dominated until the

reform. This process was primarily inquisitive.

The joint or common criminal procedure; was introduced in Germany in 1532

and France in the Criminal Ordinance of Louis XIV in 1670.

Its features are:

a. During the summary forms the inquisitorial system (secret writing) were

observed,

b. For the plenary, advertising and orality were observed,

c. To assess the evidence, the judge enjoyed absolute freedom; except in special

cases in which governed the legal system or appraised. Refurbished Process:

The reforms of the criminal process and political institutions are historically

linked, which explains that the rationalist philosophy arise and manifest impulses of

freedom that took shape in the second half of the eighteenth century, there were

aspirations for reform of the criminal process, and was inadequate to the new

requirements and the protection of human rights were vindicated. (Matthew

Calderon F. The New Criminal Procedure, 2004, p 47).

This reform movement was embodied in procedural laws enacted during the

French Revolution (1789-1791) and years later in the German reformed process

(1848).

French law

The Criminal Procedure Law has its origins based on the barbaric law in

which there was no legislation or codification and where the most notable influence

were taken from the Roman criminal law, the German criminal law and canon

criminal law which endured public vengeance, arbitrariness of sanctions and

indictments against the divine majesty and human lese majesty, being impersonal

sentences with a unequal application. (Hector Dotel. Basis of criminal law, 2004, p

4).

The Criminal Procedure Law has its own characteristics that differentiate it

from other areas of law. When the characteristics of the Criminal Procedure Law

are mentioned during their evolution could cite many authors classified some

differences with each other to Criminal Procedural Law, but in many cases, these

classifications are more evolved Criminal Procedural Law and the the classification


of its features has been done analyzing the current concepts and principles that

govern this area of law.

It is therefore necessary that the doctrine of classical law which appeared

mid-eighteenth century, from 1748 is known, this theory was classic called

because it was traditional and contained certain logic and a whole series of ideas

that would or would give rise harmonies contemporary law solutions aimed at the

fight against an arbitrary system and its cruelty, it was to protect and educate

individuals. That historical evolution that occurs through the times before to

analyze the existing definitions of modern features current Criminal Procedure

Law, and also would have to meet so essential about the three historical functions

of which are forms universally known as the adversarial system, inquisitorial

system and mixed system. Since ancient times it has had the triple character of the

Criminal Procedure Law, based on the adversarial, inquisitorial and mixed system

Adversarial System

The primitive conception of the prosecutor demanded a criminal trial, where

the prevailing private interest, the victim; subsequently evolves and this person

was either the village, procedure turn evolves to introduce advertising and orality.

The decay of this system is basically that to work is required to occur in a

people eminently educated in civic virtue.

In the adversarial system, the judge is not a representative of the State or a

judge elected by the people. The judge is the people themselves, or a part of it.The

action relates to the company by the prosecution that the exercise is free and is

conferred not only offended and relatives, but to every citizen.

The judge did not base its judgment. Limited to give a yes or no. The judge

therefore gives no justification or motivates their judgments, because of their

sovereign power as it did not have to answer to anyone.

The rulings were appealed. The verdict was only likely to appeal by a court

only had authority to consider whether they had observed the rules of rigor or if the

law had been applied.

This system was like a duel between the accuser and the accused where

the judge sat idle. The adversarial trial stage was done with absolute equality of

rights and powers between accuser and accused.

For this system if there is no criminal prosecution could not be a trial, that is,

in these cases there were allegations of office. In the process the formal value of

the test is judged, which rests on the accuser and the judge evaluates only the


form and it is based to issue its decision. The presentation of evidence is a load of

exclusive parties.

The personal liberty of the accused is respected until such time that the

sentence is handed down. The verdict is based on the belief free. In the first stage

of this system, the prosecution was private and belonged mainly to the victim. This

is the classic days of the law of retaliation, judgment expressed in the eye for eye,

tooth for tooth, as was raised earlier. Later, with the emergence of public penalties,

private prosecution was replaced by the popular, which could be exercised by

anyone. If there was no accuser could not be done and the process went

unpunished.

In this system, based on the adversarial, accuser and accused are in

principle equal and judges were limited to act as arbitrators. The characteristic

features of this process are orality, publicity and contradiction. The doctrine

identifies as advantages of the adversarial system:

A. - The fact that people are on an equal footing;

b - The oral hearing.;

c -. advertising trial.

Inquisitive System

The inquisitorial system born from the moment that the first investigation of trade

shows and this happens when revenge disappears and when the State, ensuring

their conservation, understands the need to gradually suppress certain crimes and

that's how was born in Rome and Christian monarchies in the twelfth century,

which causes disuse of the adversarial system which was practiced until the

thirteenth century.

Under the influence of the Inquisition received the changes that completely

transformed slings criminal proceedings. Thus, in some countries like Spain, the

inquisitorial system flourished thanks to the commitment of some kings with the

Catholic Church, as with the installation of court of the Holy .

In this system the judge is that complaint, complaints, rumors, starts the

process of craft, is dedicated to finding the evidence, examining witnesses, all kept

secret. No accused person is arrested and placed in a dungeon. This system lasts

until the onset of the French Revolution, whose influence spread across Europe,

the innovative spirit of the revolutionaries who created a critical awareness of

everything that came from the old feudal society.

This system had its origins in the "extraordinary" procedure of the Roman

Empire, so called because the process does not develop according to the rules of


the adversarial process, which was the ordinary. By the thirteenth century, would

be introduced in ecclesiastical jurisdictions by Pope Innocent III, concerning

religious offenses. .

The secret inquisitorial procedure is written and not contradictory. In this

system the judge is a technician. During the proceedings, the defendant is

segregated from society by the institution called preventive detention.

Mixed System

Due to the drawbacks and advantages of the adversarial and inquisitorial

processes and so a combination of both the mixed form was born. Which

originated in France . Constituent Assembly devised a new and divided the

process into two phases: a secret which included instruction and other public

comprising orality.

This form becomes reality with the Code of Criminal Procedure of 1808 and

from there spread to all modern legislation, but always maintaining the basic

principle of the combination of the two traditional forms.

The mixed process comprises two periods, the first has a greater influence

inquisitorial and the second when it appears with the decree of shipping.

Modern Coding

The penalty in the civilized peoples currently process is regulated by special codes,

some of which have exercised a decisive influence others and have even served

them as a model.

Modern criminal procedure coding is dominated by three main codes:

1. The French Criminal Procedure Code (1808)

Two. The Austrian Criminal Rules (1847)

Three. The regulation of German criminal procedure (1877).

In the old Spanish law, criminal procedure not reached a proper institutional,

however, in some jurisdictions (such as the jurisdiction I judge) very important

provisions of a procedural nature were issued.

The torment was instituted in general, with the exception of children under

fourteen knights teachers know or other laws, the directors of the King and other

characters.

Jurisdiction of Old Castile (XIV century) points out some rules of criminal

procedure, such as those relating to the investigation and charges the officers

conduct inspections in the field of justice (media), and composition.


The Latest Compilation is the ecclesiastical jurisdiction of integration and

operation, police organization, powers of the Supreme Council of Castile,

Chambers of the Court and Mayors.

Background and Evolution of the Courts.

The Military Justice, dates back to the time of the Colonies, from the arrival of

the conquistadors, who came invested with civil and military control by the kings of

Spain leaning their legal decisions in the compilation of the Laws of the

Indies. Later in the years of 1740 and 1748 ordinances of the Navy and Army,

promulgated by King Carlos III and later in 1793 was published, Charles IV, King

they passed the Ordinances of the Navy, effective in Viceroyalties, Municipalities

and Captains of America.

In Spain, in the year 1812 (1812), was the Military Penal Jurisdiction or

military courts, these courts possessed the power to hear about offenses

committed by civilians and military people may refrain from prosecuting cases of

crimes politicians. Losing later, in 1874, the faculty of judging or know of acts

committed by persons not related to military jurisdiction, limiting it only to persons

subject to military jurisdiction.

These ordinances were determined and clearly express the guidelines and

procedures to be followed in the application of military justice, appearing thus what

is known by the name of "military courts". This means that although the civil

authority could stop a soldier who committed a crime, was forced to spend the

cause immediately to Martial, so that they give their views on the case, or to

communicate the new Judge Advocate, who advised the Captain General, who

knew this character appeals from the judgments of Courts Martial.

During the colonial era operating in Venezuela the following Military Courts:

Council of War and Navy War Council of General Officers and Boards of Ordinary

War.Judges Trainers (Courts Instrumental). "The military courts jurisdiction

attributed to the military courts to try actions followed the military, whether military

or ordinary crime a crime the act committed.''

Also attributed jurisdiction to these courts to try civilians who committed military

offenses. Since the advent of the First Law of Military Justice, to this day, have

enacted laws and modifying decrees, until the current military code dating from

July 17, 1938, amended on November 6, 1945 and receive the other reform


October 4, 1958. Today its mission is to organize, supervise, inspect and ensure

the proper administration of military justice as Directional and liaison body between

the Jurisdictional Agencies and the Ministry of Defense, in accordance with

Organic Law of the National Armed Forces Code of Military Justice and other

relevant Legislation Regulations.

In the Dominican Republic in 1844, with the creation of the Republic in the voted

constitution in the same year, Article 139 stated: "The military will be tried by court-

martial for the crimes committed in the cases provided by the Penal Military Code,.,

and according to the rules set out therein In all other cases, or if they are co-

defendants to one or many individuals of the civil class, shall be tried by the

ordinary courts. " Thus were created the War Council, establishing the Special

Military Jurisdiction to try members of the armed forces for crimes later specified in

the Code of Military Justice.

This same Constitution that in his latest article 211, had listed the laws that should

govern the organization of the state as were the Electoral Act, the Public Finance

and the Organization of the Judicial Code of Military Justice among others. Legal

organization has maintained slight modifications getting through complementary

laws that Military Jurisdiction.

Military justice in Dominican Republic begins with a decree dated 18

January 1845, by which special courts were created. The decree ordered the

formation of four military to judge events that attempted against the public peace

commissions.

The above fees would be located in Santo Domingo, Santiago, Puerto Plata

and Azua, must each be composed of seven military, led by a colonel and a

captain who would serve as prosecutor. These Commissions were given

exclusivity to hear and judge a series of attacks considered in the decree as

agitators to stability in the country, committed by both civilian and military.

They included: Spying for the enemy, the circulation of leaflets and anonymous

defamatory letters and papers "seditious" disseminating news intranquilizaran

public opinion; disclosure that will inspire the idea that slavery would be restored in

the country; all criticism of the government or religion; attempts conspiracies to


overthrow the government or religion; and fomenting sedition and civil war. As will

be appreciated, so common here as political offenses were included, and even

facts or opinions that might be considered negative for the government.

In the same decree the oversight of a High Police for the investigation of the

offenses established therein, and to the arrest of suspects and their presentation

before these military commissions. That decree was subsequently repealed in

1846, leaving those remaining to the jurisdiction of ordinary courts, a measure that

was applied to cases citizens.

It is important to note the difference between Special Military Military Commissions

and Courts-martial or. As observed in the above indicated on Military Commissions

and later captured concerning military tribunals. As can be seen the coming to

power of the Constitutional President Pedro Santana and his family in 1845, there

was the Code of Military Justice, and anticipating Santana "crimes" being

committed in the country created the Special Military Commissions.

It is also why a decree, were dissolved in June 1846 the said committees,

because on July 5 1845 had enacted the Uniform Code of Military Justice,

becoming the first Purely Code Dominican and not a translation none

abroad. Under its provisions were created or military courts-martial. These were of

three categories: Administrative Councils, one for each regiment; War Councils

with provincial jurisdiction and Review Board national jurisdiction, all compounds

being for Military Officers.

Your competition had the exclusive cognizance of military offenses, which were

out of the ordinary courts, except in cases of offenses that have as co-defendants

in civil; these would be known by ordinary courts and placed under military

jurisdiction crimes and offenses committed by military personnel on active

duty;responsibilities within military compounds

warships or by members of the Armed Forces; the excesses of power by military

superiors over subordinates, and cases of espionage committed by foreigners or

Dominican civil or military class. They also came under military jurisdiction over

acts committed by persons in the civil class, but in places, squares and cities

declared a state of siege.

The competition was extended to acts committed by military regardless of rank or

assimilated to the Armed Forces; rebellion, treason to the enemy or disclosure to

that of military secrets, espionage, lack of respect for civil or ecclesiastical

authorities, falsifying military orders and permits, insubordination, disobedience,


looting and devastation of private property, theft, murders and other common

crimes committed by military, abuse of power against a lower-ranking soldier or

civilian and misconduct.

Criminal sanctions were to: death, work in perpetuity, work for a while, prison,

expatriation, dismissal and submission to high police surveillance. These events

were initially judged by the Administrative Councils in the first degree, whose

rulings were appealed to the Board of War in the second degree, and this in turn

could be appealed to the Board of Review which not decided on the merits, and I

then sent to another court martial, a lot like delivering appeal procedure, the

current legal system. That is, by the Supreme Court and other courts of Judicial

Order created by the Constitution and laws.

It must then be concluded that although the instrument of judicial

organization of choice for the Military Tribunal of Justice is the Code of the Armed

Forces, this aspect is silent, we must resort to other sources, ie; to the Constitution

of the Republic, the Penal Code, the Criminal Procedure Code and the Law on

Judicial Organization, these legal instruments that function as a supplementary.

As for the Constitution of the Republic, two important rules of judicial

organization are contained in the substantive law. The first is contained in Article

128 letter c, which deals with the powers of the President to appoint or remove

members of the Board of War of the Armed Forces and the National Police. As to

the second, is contained in Article 149 of the Constitution the latter referring to the

judiciary which is vested in the Supreme Court and other judicial courts created by

the Constitution and laws.

1.4 -. Antecedent Model or Type Code for Latin America

The reforms in criminal procedure in countries such as Costa Rica,

Dominican Republic, Chile, Honduras, among other Latin American states

began to be studied from a common origin: the Criminal Procedure Code

type or model for Latin America. Which one can say it was the ideology of

model rules which the eminent jurist Don Niceto Alcalá Zamora and

Castillo-one who broke the news, this eminent jurist who came to America

as an exile from Spain in the Franco era was the first president of the


American Institute of Criminal Procedural Law NGO, formed by litigators

from Latin America, Spain and Portugal, dedicated to the study of

procedural law in several areas, with the aim of promoting the legislative

unification Ibero-American level, whose statutes were approved in days of

the first Latin American procedural law in 1957.

One question that some jurists still made is what led to this and other

prestigious jurists such as Claria Jorge Olmedo, Alfredo Vélez Marizconde and

Sebastian Soler, the drafting of a criminal procedure code type? The preamble of

this body of law gives us the answer:

Some of the reasons were cultural as well stay embodied in the reference

code in the sense that: "Latin American legislative uniformity is an old aspiration of

many jurists of the continent and also because this was the dream of some great

men and founders of countries or political societies. " This "dream" of these

lawyers was based on the countries of the region and the same problems

mentioned before as a result of the enforcement of inquisitorial systems or mixed

type, as in the case of country, culture and way of shared Similar life.

Other political and economic integration unit, with the understanding that the

Latin American peoples were mired in structural crisis that conditioned any

prospect of development for what constituted a threat to the chances of

survival. This political unit of economic integration was seen as the way to

overcome the serious social conflicts that affected nations. This, coupled with a

process of legislative unity would also help reinforce these political and economic

ties. So, develop a model code meant the creation of an institutional model, a set

of mechanisms designed to resolve social conflicts in a peaceful way and through

judicial institutions.

The question was a criminal justice system in the area where the most

complex social conflicts considered ineffective develop, such conflicts multiplied

and thus deepened the crisis situation. That was the root of the matter, because in

the countries justice was considered inoperative or ineffective, this has the

preamble of the Code Type: "The criminal justice had run away from popular

democratic control and transparency."

Consequently, the most severe criticisms of criminal procedures aimed both

addiction and the old ritualism and inquisitorial formulas: considered in the

universal culture as: "Historical curiosities": So are aspects that are characteristic

of the inquisitorial system where papers and records were the most important,

where the parties were not in equality of arms or conditions.


As an example of this situation in the country as was the activity of the

Coroner who investigated while the complaints brought to its attention, through the

so-called introductory requirement of the relevant prosecutor, was in charge of

validating the merits of his research, which was subjectively committed, and output

the corresponding qualifying Providence to send the "subject" to trial.

This step not only violence to the principle of separation of functions

indelegabilidad or contained in the Constitution, but violated the rights of the

parties to intervene in the process in which these were the main

protagonists. Consequently, you are depriving the accused and his defense of the

opportunity to challenge the relevance, materiality and legality of the items

collected by the judge in charge of the investigation, but the victim or victims of

their right relegated active intervention at such a vital stage as the production of

evidence in criminal procedure 2002

Disrespect for human dignity is one of the more severe the inquisitorial

model reviews. It was the violation of the most basic rights of citizens subject to

criminal prosecution. As such, they stand in the country arrests and unreasonable

searches without court reasoned and written, as required by the

constitution;receiving the defendant's statement without the assistance of counsel

which was later used as evidence of his own charge; display detention as an early

penalty, not as a precautionary measure; exposure of citizens to the media since

he asked himself against a coercive measure, thus violating the presumption of

innocence, and finally meeting without proper supervision and control of the

sanctions imposed.

Finally, another motivation that led to the drafting of the code was the

delegation of judicial power: Figures researcher and judge in the same person,

violating the principle of separation of functions Indelegabilidad or referenced to.

All these negative factors were regarded as a form of political and cultural

backwardness what motivated the reform process almost continental level.

Faced with this problem the choice of which sources to use for the

writing of the code is presented. To Alcalá Zamora, the main basis for the

drafting of this model code it was the Code of Argentina Córdoba

Province, considered by him as the best in America and one of the best in

the world. This procedure code had been written by Argentine Alfredo

Velez teachers and Sebastian Mariz Conde Soler.

Code of the Province of Córdoba.


The main sources of the Code of Córdoba 1939, Italians were the codes

1913 and 1930. At the start of implementation in Argentina, this code had

its detractors, it was emphasized that it was primarily the Italian model

code 1930, called Rocco by the fascist regime of the era that promoted its

implementation.

According to Javier Llobet Rodríguez Latin American doctrine has

held that the code was not directed primarily Córdoba Rocco source code

in terms of content device, but continued the Italian code of 1913,

characterized as democratic and liberal. After the successful enactment

of this legislation in Cordoba, transferred its borders to serve as a model

for countries like Costa Rica, Honduras, Chile, Dominican Republic,

among others. (Llobet, J. The New Criminal Procedure, 2003, p 264). 1.5 -. Evolution of Security Forces in the Dominican Republic.

The earliest history of the Public Security Force dictates of the colonial

era. Spain, a country that discovered and colonized the island, from the moment of

discovery imposed their laws and customs. Colonization began properly with

NICOLAS DE OVANDO said, ten years after the discovery by CRISTOBAL

COLON.Nicolas de Ovando, the Spanish arrived in the April 15, 1502, with precise

instructions of the Catholic Monarchs to consolidate colonial power in the island

The period following the conquest was tempered by the abandonment of the

island by the metropolis, and loss of interest in the colony to new discoveries of

riches on land, that led to the islanders had to assume their defense based on the

creation of Creole militia or conscripts.

Another feature that ultimately brought this organization was the shift of the center

of gravity of the purposes and loyalties. Well entering the eighteenth century and

the Spanish political system and its small military establishment had actually lost

effective control of native militias have purposes, often divorced from the

dissipation of the authorities.

Following the signing of the Treaty of Basel on July 22, 1795 between

France and Spain, treaty establishing that France would return to Spain all the

territories it had conquered the north of the Iberian peninsula, in exchange for the

second, ceded the eastern part of the island of Santo Domingo.

The occupation of the eastern part of the island in 1801, initially at the hands

of Francois Toussaint Louverture, black leader, and later the French army led to

the adoption of a series of measures and arrangements, similar to those applied in

the western part, administratively and financially reorganized the colony, including


changing the existing police structure and establishing an existing police force in

the western part of the island (Haiti), the gendarmerie.

Its structure was similar to the gendarmerie FRENCH, was established in

the few cities where there was trade movement, and its function was to maintain

order, in addition to mailing or population within the territory, and was governed by

French regulations.

Organization, Regulation and Functionality

The creation of the security forces, mainly in the Armed Forces is not

motivated, as in the case of other nations in the area, breaking the existing

Spanish colonial military establishment, or by the development of Haitian

occupation forces, quite advanced reformist revolution after 1843, but rather by the

rebellion of the national guard of natives, although it was a body set up by the

Haitian authorities to control the entire country.

Security forces during the First Republic (1844-1861)

The proclamation of the Dominican Republic occurred at a time when the

east was the commander DESGROTE old general, who had war as commissioner

Hérard Deo, son of Haitian President.

Nearly nine (9) months, the proclamation of national independence, was

drafted the Constitution of St. Kitts (November 6, 1844). On 29 November of that

same year he began an interesting and complete functional regulation of the first

security forces of the nascent republic with 23-44 complement decree decree

number 61 of 1845, and regulations issued by Decree number 66 of the same

year, a pension law enacted on May 16, 1846, the law of reservations, the Military

Judiciary after the creation of the first Military Code, July 5, 1845, and the military

health with the creation of the first Military Hospital in September 1845.

These regulations originated during the government of General PEDRO

SANTANA, President and the Secretary of War and Navy led by General Manuel

Jiménez, which ensured the early years of the Republic.

The model of organization and distribution of the security force at the time

was fairly objective and functional according to needs. Basically there were two

levels of operational forces, responsible for two regional theaters of war: the

expeditionary army south, southwest, and the northern army in the northwest. Both

responsible for conducting and maintaining operational war effort.

In 1848 the Dominican Republic was a rural country, calls urban areas are

circumscribed to small villages, is when you resolve to implement the mandate of


Article 188, and URBAN POLICE AND RURAL is created , said body was put into

operation May 2, 1845, with the enactment of the law of local councils and this law

gives the role of police prosecutors the trustees, these trustees attorneys function

in addition to police, exercised administrative functions.

The Executive had at the time the prerogative to appoint Commissioners

(Chief of Police) as well as agents that may be necessary. It creates 17

octubre1846 the first rules of the urban and rural police, and the first uniform

regulations, and is established in each province common head (Today

municipalities) companies of 50 men. The function of the police was to maintain

order in the urban and rural areas.

Security Forces during the Second Republic (1856-1916)

By then the disappearance of the Corps Watchmen De SANTO DOMINGO

displayed, reemerging Urban Police and Rural, after the evacuation of the Spanish

troops in 1865 was restored and enforced again Urban Police and Rural, led by a

Police Commander.

This police force remained limited to larger cities, so in border and rural

remote areas imposed order the village headman and the Dominican Army. Its

function was to maintain public order was also very similar to the current times

police in maintaining hygiene, use of weapons, control games and raffles,

entertainment, cutting wood, among other functions. This police force arises

restitution and enforcement of the law of urban and rural police July 2, 1865. This

law remained unchanged until March 27, 1911, when it enters into force new year

the Municipal Police 1847, keeping running until the American occupation of 1916 .

American Military Occupation (1916-1924)

The political instability in the Dominican Republic, the institutional chaos and

lack of punishment apparatus that ensured public order and peace, to create the

conditions so that they could not develop the productive activities making it

impossible to fulfill its obligations to the United States two years before, so the U.S.

President Wilson, on a draft provided to solve the Dominican crisis, makes mention

of the military problem and says to license existing Dominican armed forces, to

return to their peaceful occupations, of which depends the welfare of the

people. (U.S. Intervention in the Dominican Republic 1988).

With AMERICAN MILITARY OCCUPATION , in 1916, was dismantled all

military and police system of the Dominican nation, where the Republican National


Guard, known as "LA GUARDIA DE MON" disappears and the MUNICIPAL

POLICE . In 1917, instead of the MUNICIPAL POLICE, the

SurgeCONSTABULARY, whose organization the American model corresponded

and its function was to maintain internal order and to enforce the executive

regulations of the U.S. government, its legal structure is based on orders American

executive.

The April 7, 1917, by order from the U.S. Military Governor Captain

WILLIAM KNAPP ship , renamed DOMINICAN NATIONAL GUARD , military in

nature as its name suggests, but that time maintained public order and security of

statehood , and its similar to the functions CONSTABULARY and is also governed

by U.S. executive orders.

On July 2, 1921 DOMINICAN NATIONAL POLICE , POLICE SYSTEM

EIGHT , by executive order number 631, Rear Admiral THOMAS SNOWDEN,

however, this name did not alter in any way the operation of the armed forces. This

was created by the Military Governor of Santo Domingo Admiral THOMAS

SNOWDEN, army officers Marines U.S. and Dominicans had the same

organization CONSTABULARY and its function was to be aimed at police,

missions patrol, and public order and custody of prisons has to be done except that

had military structure, that the role of police, was granted legally, through the

General Police Regulations, which came into force by decree Executive power was

then interim president industrial Don Juan Bautista Vicini Burgos, allowing for its

entry into force of this Regulation Act 2128 of 1911 and U.S. executive orders.

Security Forces during the Third Republic (1924-1965)

National Guard or National Police itself faced the evil conspiracy of the

military establishment prevailed over the past 60 years, contributing to the

sorrowful end of the First Republic and the failure of the Second Republic. Since

the withdrawal of U.S. troops establishing security forces 1924 was aimed primarily

as a gendarmerie force, not an army, which led to disappear conscription.

On August 9, 1927, the Dominican National Police , becomes NATIONAL

BRIGADE and May 17, 1928 in the National Army, by law No. 928. was so strong

the influence of the National Guard, in rural areas and urban Dominicans still

named "THE GUARD" supreme command was held by the President, the

immediate command of the Army Chief, and depended on the Ministry of War,

Navy and Interior and Police. Its function was to defend the integrity of the state.


The December 12, 1924 the new national government amounted to Horacio

Vásquez Mayor Rafael Leonidas Trujillo Tte. Colonel, Chief of Staff of the

PND.Trujillo was commander in the Army until 1930.

Although this armed body was the support and warranty of the new

Dominican government, existed from the beginning a cardinal issue, which

consisted of the old ancient and modern police guard would become national guard

in their functions.

The February 23, 1930, a civil-military movement, born in the city of

Santiago, San Luis assaults Fortress North headquarters Department of the Army,

said movement spread to the city of Santo Domingo, thus forcing the resignation

President Horacio Vásquez, by express order of the Chief of the Army, who was

the ideological head of the civil-military movement already mentioned, was

decommissioned and dismantled the Municipal Police of Santiago, Dajabón, Moca

and Santo Domingo, considering that these bodies were disaffected to the

intentions of the political movement of February 23 (José Miguel Soto Jiménez

Military leaders of the Independence 1992 Pg 149). The National Congress on

November 5, 1930, by Law 14, gives the Executive Branch the power to appoint,

dismiss and transfer municipal commissioners Chiefs of Police (Armed Forces in

the Dominican Republic, Jose Miguel Soto Jimenez p.162)

Three years later, ie 1933, the air arm is created within the Army, through

Decree 297, but previously, in 1928 the law 904 for the creation of an aviation

school was passed. For the 1934 and this body had three "Corsairs" aircraft. In

1948 became Dominican Military Aviation, which was created mainly for defense

work and recognition of the revolutionary uprisings against Arias and then

Bencosme (Military Forces in the Dominican Republic, Jose Miguel Soto Jimenez

p.162)

On March 2, 1936, was created by Decree No.1523 NATIONAL POLICE, as

a body with national jurisdiction, with the mission of maintaining order, public

peace, safety of persons and property, prevention of the offenses, the

apprehension and prosecution of offenders and submission to the course of

justice. For 1937 the authorized strength was 627 police members.

In terms of security policy in the strategic, Trujillo in the early years did not

change the military establishment based on the national presence of the force, a

police scheme, but rather reinforced it to maintain tight political and military control


of the territory national, but with considerable concentration in the capital of the

Republic. In this case the Army played a leading and effective role, especially for

the higher weight of your organization and the relative modernity of its weapons.

The decade of the 50s brought about the growth of naval weapon so

intensively that caused him to become one of the most important Latin American

armed with a fleet of approximately 70 units, including destroyers, frigates and

corvettes.

On June 9, 1958, he was appointed the first police chief, out of the bowels of

the National Police, was Colonel Ramón Soto A. Echavarria PN (09/06/58 to

08/03/59), we must stress that this police chief comes from the ranks of the

institution, as all previous police came Heads of the Armed Forces, by decree

No.3837 dated June 9 of that year, creating a precedent with this appointment.

When Trujillo dies, the May 30, 1961, the security forces did not suffer

oriented sense of force, according to the new realities that the country lived

rearrangement. Rather, the first impulse was to remove officials trujillismo frontline

commanders, following the disintegration of the Military Intelligence Service "SIM",

among other measures to dismantle the military-police apparatus that served the

regime (Armed Forces in the Dominican Republic, Jose Miguel Soto Jimenez

Pag.221).

Another feature of this period is the remarkable ancestry, growth and rise of

the National Police, as an instrument of political establishment facto ruler, under

American advice during the Kennedy administration, displayed in eliminating

military influence in the State, with a force I could take the uncomfortable task of

repression, without the ever present danger of a coup drawback of Trujillo bill.

It is clear that the years 61, 62 and 63, security forces were organized,

creating a new status for the military profession and correcting distortions of a

security apparatus that no longer corresponded to the new realities of the country

(Forces military in the Dominican Republic, Jose Miguel Soto Jimenez Pag.235).

In 1963, the constitutional government of Juan Bosch, security forces found

uprooted controls with reality and political situation of the country, with a strong

heritage of the conservatives in the nation, totally imbued Trujillo methodology and

ideology, not democratic vocation dam and great confusion within the initial

rumblings of the Cold War and the Communist position. Besides the fear in some

quarters that housed security, the electoral victory of Bosch, affected by the same


interests, for a rethinking of the security forces, a redefinition of the roles and

changing image repressive feared.

The war episode of post-coup period of 1963, the guerrillas called Manaclas

starring motion June 14, showed first the lack of military preparation of this

movement, the romantic innocence of its leaders and lack of public

support. Although the Army saturated areas of operations, using the force of their

number, was the Air Force infantry tactically suppressed the outbreaks. The

National Police for their part, held a powerful repressive escalation nationwide.

Security Forces during the Fourth Republic (1966)

A tortuous but continuous change in different political, economic, social

aspects, which had many impacts on the functioning and role it should play the

security forces in that period of the republican process started in the

country. Marked this mainly to the event April 24, 1965 (Military Forces in the

Dominican Republic, Jose Miguel Soto Jimenez Pag.253)

Many understand that without the division that existed in the bodies

composing the security forces as a direct result of internal contradictions,

overwhelmed by the phenomenon of the 63 coup, and excited by the struggle

between the power poles military and police The political class could not have

never cause an event as April.

Security forces were divided into two camps, the abiding constitution of

1963, in disagreement with the military coup that overthrew Juan Bosch, and the

other side, those who saw Bosch, and the movement itself, amid of the Cold War,

the Communist danger hint, and even more, the reappearance of anarchy, whose

denial, for years had been a central reason for the existence and validity of such

armed forces.

The political crisis that broke out in the country, led to the military

intervention, a second time, the United States, the operations of peacekeeping on

the grounds that they were necessary, but that it was motivated, according to the

particular understand, the defeat of Batista in Cuba and the triumph of Castro's

revolution, extremes his perceived Communist threat in the hemisphere, devising a

way around it was somehow punishing the dictatorial regimes in Latin America.


Security forces today

While it is true that the security forces, at times, have been made about the

name of political, cultural and social organizations and not a few individuals of the

political and intellectual life, it is also true that they come, from the beginning, to

avoid the chaos that would inevitably submerged Republic. The very fact that the

security forces leave virtually intact from the war in April, and the U.S. intervention

that successfully rid themselves counterinsurgency war and airy enough to survive

the vicissitudes of an experimental democracy and, therefore, defective, is proof of

its intrinsic value.

The modern state itself, born under the ruling enforcing security forces

designed by the occupation authorities to pacify and maintain order, it somehow

shows its usefulness, always based on its ability to fulfill its constitutional mission

and function social beyond the flow of time and history.

Today in the XXI century, after so many landslides and falls, at the time that

are available without a doubt and yet, with the best conditions of republican history,

you should reflect on the lessons learned from the events of past, determine what

new threats posed to the nation and in line with the goals set by the political power,

condition and re-issue the security forces in line with the constitutional canons,

rejecting any hint of procedure which does not correspond to the current

circumstances.

CONTINUED ...


REFERENCES


REFERENCES

A) Content

Books Acevedo, Ramon. -. Criminal Law Handbook /. - Ramon Acevedo; Bogota, 2nd Edition, Editor Themis, 1985 -. 345 p. Arroyo, Jose Manuel -. Penal System before the Dilemma Alternatives /. José Manuel Arroyo; San José, Costa Rica, Printers Graphic Brenes, 1995 -. 231 p. Arellano García, Pablo -. Litigation Criminal /. Arrelano Pablo Garcia, Mexico, 5th Edition, Porrúa, 2004 -. 435 p. Bautista Castillo, Norma -. Adversarial Criminal Process in the Dominican Republic /. National Judicial College, Dominican Republic 2001 -. 449 p. Bacigalupo, Enrique -. Studies on the Special Part of the Criminal Law /. Madrid, Ediciones Akal, 1994 -. 400 p. Canocca, Alex, Maurice Duce. New Criminal Procedure /. Editora Digital Workshops (RIL), Caracas, Venezuela, 2000 -. 408 p. Camacho, Ignacio . - Guide and Practice in Criminal First Instance /. Ignacio Camacho; Santo Domingo, Editorial Universitária, 2003 -. 359 p. Cannan Duarte, Pedro J. - Opinions of the Public Prosecutor /. Santo Domingo, 2nd Edition, Legal Issues Potentini Trajano, 2004 -. 203 p. . M. Del Castillo Pellerano Luis R. Herrera, Juan Ml - . Litigation Criminal / Luis R. del Castillo, Juan Manuel Herrera, Volume II, Santo Domingo Ediciones Capeldom; 1991 -. 986 p. Matthew Calderon, Freddy R. - The New Criminal Procedure. Guide for the correct application. / Freddy Mateo Calderón. Legal Issues, Potentini Trajan, 2nd Edition, Santo Domingo, Dominican Republic, 2004 -. 438 p.

Magazine

Newspaper; Diario Libre -. Various articles on the new penal code and its influence on safety.

Documents -. Penal Code of the Dominican Republic, 2004

B) Methodology

• Cea d'Ancona Angeles, Methods and Techniques of Quantitative Research "Editorial Synthesis Madrid 1997 • Festinger and Katz. "Research Methods in Social Sciences". Piados 1992 • Flórez Ochoa and Rafael Alonso Tobon Restrepo. Education and

Educational Research. Bogota: McGraw Hill. 2001 • Grawitz M. "Methods and Techniques of Social Sciences I-II." Editorial Mexicana 1984 Mexico • Hernández, Fernández Baptista. "Research Methodology". McGraw Hill 1994. Colombia.


• Made Serrano, Nicolás. "Research Methodology". Santo Domingo, 2006 • Padua J. "Research Techniques" FCE-1982 College of Mexico, Mexico. • Sabino, Carlos A. The Research Process. Buenos Aires: Edit. Lumen.1996 • Salkind, Neil J. Research Methods. Mexico: Prentice Hall. 1999. • Techniques Sierra Bravo R. Social Theory and research exercises, Tenth Edition, 1995 Publisher Auditorium Madrid • Taylor, SJ and R. Bogdan. Introduction to qualitative research

methods. Barcelona: Polity Press. 1987 • Internet Research and Thesis

News & Politics

IMPACT OF NEW CRIMINAL PROCEDURE CODE OF THE DOMINICAN REPUBLIC AND ITS INFLUENCE ON PUBLIC SAFETY DURING THE PERIOD FROM 2005 TO 2011. (PART ONE)