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Dominican Republic

1.  Stopped By The Police On The Street, Now What?

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  • Stay calm. It is not a good idea to run. You are always allowed to remain silent if you are arrested. If you decide to speak, speak carefully and clearly. Anything you say can be used against you in a court of law.
  • It is not a good idea to touch the officers. Keep your hands where the police can see them.
  • It is not a good idea to resist, even if you’re innocent or if you think the police are acting unfairly or unlawfully.
  • The police have to identify themselves as police before they are allowed to arrest you.
  • The police cannot detain minors. If you are under 18 years of age, the police can only put you in handcuffs if you are in danger of hurting yourself or other people and there is no other way to stop you from doing that.
  • Police are not allowed to take a statement from you unless you have a defense attorney with you. The police are never allowed to do anything to force you into making a confession.
  • It is not a good idea to resist, even if you’re innocent or if you think the police are acting unfairly or unlawfully.
  • If you are arrested, the police have to let you contact your parents or other people immediately. They are not allowed to stop you from contacting them or anyone else who you want to tell that you have been arrested.
  • If your family cannot afford a defense attorney, the government will provide you with a public defense attorney who has experience with criminal law as it applies to minors.
  • If you are arrested, the police have to turn you over to the Public Prosecutor of Children and Adolescents within 12 hours.
  • Even if you did not do anything wrong, for your own safety, do not resist arrest or argue with the officers. You are considered innocent until you confess to committing a crime or you are convicted of a crime.
  • You have an obligation to give your correct personal information to police, such as your name and age. If you are a child (12 years old or younger) or an adolescent (13 year - 17 years old), you may have additional rights and protections. Therefore it is very important to give accurate personal information to the police. 
 

The Dominican Republic has a civil law system rather than a common law system, so case law does not create binding precedent like it does in the United States. That means that courts are not required to decide a case the same way that a prior court decided a similar case. Therefore, the answers provided rely on statutory references and resolutions of competent courts rather than case law, as well as secondary sources.

2. When Can Police Search You and Your Surroundings?

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  • You have the right to say no to searches of your person. If police ask to search or take a look at your person or belongings, you do not have to consent and you can say “I don’t consent to this search.”
  • You have the right to say no to searches of your car, house or other surroundings unless the police have a warrant (court order).
  • You cannot be arrested for refusing to allow a search if the police do not have a warrant.
  • If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

 

  • If police ask to search or take a look at your person or belongings, you do not have to consent, but remember that even if you refuse consent, officers may still have authority to search you (if they have a reasonable reason). You can continue saying “I do not consent to this search”, but for your safety, it is not a good idea to physically resist the police officer or the search.
  • Unless they have a warrant (an order from a judge giving them permission), the police can only search you, your car, or your surroundings if you are caught committing a crime or there is evidence to show you might have just committed a crime. Before they search you, the police should warn you that they suspect you are holding an item related to the crime, and they should give you a chance to produce it voluntarily.
  • You do not have to let the police search private messages on your phone unless they have a warrant.
  • The police cannot arrest you just because you said no to being searched.
  • The police can only search your home without permission from a judge if it is necessary to stop a crime from happening, if someone asks for help, or if a suspect enters the house. Otherwise, they must get permission from a judge.
  • If the police have warrant, read it carefully before allowing a search. The warrant has to say what area is allowed to be searched and has to provide the reason for the search.
  • If the police arrest you, they may also have the right to search you if the arrest warrant allows them to. A warrant is a court order so you have no choice but to consent to a search. Anything found during this search may be used as evidence against you.

3.  Reasons Police may detain or arrest you

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It is advisable to always review any warrants, orders from a judge, or paper from police carefully to ensure you understand what exactly is covered.

 

  • Children and minors are protected by the Code for the System of Protection and the Fundamental Rights of Children and Adolescents (Código para el Sistema de Protección y los Derechos Fundamentales de Niños, Niñas y Adolescentes). Children under 13 years old are not criminally responsible, and therefore, cannot be detained or sanctioned by the police. Minors 13-18 years of age are subject to the laws imposed by the Code.
  • If you are at least 13 years old but under 18, you can be arrested, but only if the police have a court order. If the police do not have a court order they can only arrest you if you are caught committing a crime, or if there is evidence that you probably just committed a crime that is punishable with jail time. The person ordering the arrest and the person arresting you must have obtained the order before your arrest.

 

4. Do Police need a warrant to arrest you?

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No. Police officers can legally arrest you without a warrant if the crime is committed in front of the police officers; or if the officers have probable cause (a reasonable reason to suspect) that you committed a felony, whether or not the act was done in front of them.

  • A warrant is generally required if the police want to arrest you. However, the police do not need a warrant if you are caught committing a crime in front of them or if they have evidence to believe you probably just committed a crime, even if they did not see it.
  •  You have a right to privacy on private premises, like your home. Therefore, the police must obtain a search warrant before entering your house or apartment unless it is necessary to stop a crime from happening, if someone asks for help or if they see a suspect enter.

 

5. How do you know if you are under arrest?

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  • You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
  • An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
  • An arrest without warning you of your rights is still a valid arrest. But if you are not warned of your rights before you are arrested, it may mean that evidence collected from it is not admissible in court later.

 

  • If the following happens, you are likely under arrest:
    • an officer handcuffs you;
    • an officer physically restrains you;
    • an officer puts you into the back seat of a police car; or
    • an officer warns you about your rights. 
  • If you are a child or an adolescent, police are not permitted to use physical force against you unless it is absolutely necessary. This means that police should not handcuff you unless it is necessary to prevent you from harming yourself or anyone around you (including themselves). 
  • The Dominican Republic does not have warnings that the police must give at the time of arrest. They are, however, required to notify you of certain rights before you are interrogated, including:
    • To know the reason and details of your arrest, including the time and place;
    • To know who ordered your arrest;
    • To call or notify someone of your arrest;
    • To remain silent; and
    • To ask for an attorney.
  • If you are a child (12 years old or younger) or an adolescent (13 year - 17 years old), you have similar rights, but you must be informed of these rights immediately upon being arrested:
    • To know the reason and details of your arrest, including the time and place;
    • To know who ordered your arrest; 
    • To call or notify a parent or legal guardian of your arrest;
    • To remain silent; and
    • To ask for an attorney.

 

6.  What to do after being warned of your rights?

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  • You can use your right to remain silent or any of your other rights (the right to an attorney, to know who ordered your arrest, or to call or notify a parent or guardian) by saying that you want to use that right.
  • You are also able to waive your rights (that is, not use them) by, for example, saying "Yes, I understand my rights, but I am ready to talk to you." This is not a good idea without an attorney present.
  • If you decide to waive your rights without an attorney present, make sure you know what you're doing. These rights are there to protect you.

  • If you are a child or adolescent (younger than 18 years old), you must be turned over to the Public Ministry of Boys, Girls and Adolescents (Ministerio Público de Niños, Niñas y Adolescentes) within 12 hours of your arrest. This Ministry is a special department with a separate police force (la Policía Judicial Especializada), which is trained to work with children and adolescents.
  • If you are a child or adolescent (younger than 18 years old) and the police fail to inform you of your rights or do not follow the correct process for minors, any related confessions or evidence cannot be used against you. Instead, any confessions or evidence will be considered invalid and it will not be admissible in court. The police officers may also face civil or criminal action.
  • You can use your right to remain silent or any of your other rights (e.g. the right to call someone or to request an attorney) by saying that you want to use that right.
  • You have a constitutional right against self-incrimination (you do not have to say anything that might prove you are guilty of a crime), and the police should not mistreat or pressure you to talk once you say you want to use your rights.
  • Make sure you know what you're doing if you waive or give up your rights. If an attorney is not present, carefully consider if you want to do this. It is advisable not to say anything, sign anything, or make any decisions without an attorney.

 

 

 

7. Police questioning you

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  • You are not required to make a statement, answer police questions or participate in a police investigation.
  • You never have to go anywhere with the police unless they have arrested you.
  • If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.
  • If you are detained by the police, you have the right to ask for your parents, guardians or other person of trust.
 
 
 
 
 
 
 
 
  • You have the right to remain silent. You cannot be forced to make a statement against yourself (that is, you have the right against self-incrimination). In no way can you be forced to tell the truth or incriminate yourself or another person. The use of this right cannot be interpreted as an admission of guilt. The same protection can be extended to your parents (biological or adoptive) and relatives if you are a minor.
  • If you are detained by the police you have the right to:
    • Know why;
    • Know who authorized your detention;
    • Call for your parents, guardians or other person of trust and be able to communicate with them via phone or other electronic means;
    • Be assisted by a public defender (an attorney appointed by the court) and discuss your situation with him/her in strict confidence.
    • Not be subjected to torture or physical harm while in detention.
  • Any evidence the police obtain from you whilst disrespecting your rights will be considered invalid. It cannot be used against you. The police officers who violated your rights will face civil or penal actions. 
  • If you decide to make a declaration, it is a good idea to have your attorney/ public defender present. It is advisable not to say anything, sign anything, or make any decisions without an attorney.
  • If you are forced into making a confession or if you are deprived of your liberty (freedom), you or your representative have the right to a "writ of habeas corpus".

8. Reporting crimes to the Police

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  • You have the right, but not the obligation, to confess to a crime. You are not required to report to the police a crime that you have witnessed or heard about.
  • It is never a good idea to give false information to the police. 
  • Even if you are responsible for something or have information that the police want, it is not a good idea to share it without your attorney present.
  • You can report a crime in person or anonymously by calling 911 or through the new “Tu PoliciAPP RD” app.

  

  • You do not need to confess to a crime because you have the right against self-incrimination. You are not required to report to the police a crime that you have witnessed or heard about. The police cannot force, coerce or threaten you to admit to any crime. The use of the right to remain silent and against self-incrimination cannot be interpreted as an admission of guilt. The same protection can be extended to the minor’s parents (biological or adoptive) and relatives.
  • If you, as a minor, wish to report a crime, you can make a “denuncia” (denunciation) to report a criminal act witnessed by you or another person, or you can file a “querella” (complaint), a formal charge against another person to report a criminal act against you.
  • The emergency line to report a crime is 911.
  • The National Police has a new mobile application called “Tu PoliciAPP RD” for citizens to anonymously report illegal acts using their cell phones. The app is aimed at combating crime and bringing the institution closer to the public by providing an easy and quick way to report illegal acts. The app can be used for reporting illegal incidents or acts, providing georeferenced locations of the six nearest police units, direct communication with the 911 National System for Attention to Emergencies and Security, and a panic button for real time assistance and localization of victims of gender violence. Citizens reporting violations of the law can include images or video footage in their reports. The police must guarantee anonymity.
 

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

 

9.  Responding to bad treatment by the Police

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  • When interacting with the police, it is not a good idea to lie, physically resist, run away, or threaten to file a complaint. These types of acts could make the situation worse and/or result in your arrest.
  • You can’t fight police misconduct on the street: it’s safer to cooperate, make a note of the bad treatment, and challenge the officer’s actions later.

  

  • If you are being harassed by the police, there are steps you can take to address it:
    • Tell the police you are a minor and would like your parents/ guardians and an attorney or a public defender to be present.
    • Carefully write down each time it happens. Record in your own words the date, time, location, officer details (names, badge numbers, physical appearance), witnesses, conversation and actions of all participants, etc. with as much detail as possible. Your notes will be used as the basis for any formal complaint you may file later.
    • Contact your parents/guardians and request assistance to file a complaint. Have your parent, legal guardian or trusted adult contact law enforcement to learn the process for filing a formal complaint. There is no need to give your name or any identifying information.
    • If the harassment continues, file a formal complaint and demand that an investigation be conducted into the officers' conduct. It is a good idea to involve an adult in this process if you appear in person.
    • If the harassing behavior does not stop after filing a formal complaint, consider filing a civil rights lawsuit. Consult a qualified attorney that specializes in this area
  • If a minor is subject to torture, harassment, pressure, and/or blackmail, the responsible authority will be punished with a penalty of 6 months to 2 years in prison and removal from office, except in the case of police or the public prosecutor, who can be punished with up to 30 years in prison.

 

See also:

 

10. How do I Contact An attorney and When?

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  • It is advisable to always contact an attorney before making any statements to the police or anyone involved in a criminal case or investigation. If you are arrested, you have the right to remain silent and to not speak until your attorney is present.
  • If you cannot afford an attorney, the government will appoint a public defense attorney (a public defender) for you at no cost, via the Oficina Nacional de Defensa Pública (ONDP – National Office of Public Defense).
  •  You have a right to communicate with your attorney freely and privately.

 

  • After an arrest, the police must inform your attorney regarding your arrest and the place where you are being held.
  • If you are a minor, you or your parents, legal guardian or any person you trust can name the attorney you want. The attorney’s presence in the judicial procedure is enough to establish that they are your attorney.
  • If you cannot afford an attorney, the government will appoint a public defense attorney for you at no cost via the Oficina Nacional de Defensa Pública (ONDP – National Office of Public Defense). The public defender should be an expert on the matter. 
  • While you do have to wait until the government appoints a public defense attorney for you if you cannot afford your own attorney, you can still ask for an attorney as soon as you are questioned or arrested by the police. Even in this case, you have the right to remain silent and to not speak until your attorney is present.
  • You have a right to communicate with your attorney freely and privately as soon as the judicial process starts.
  • Your attorney must be present when you make any statements. Your statement will only be valid if made in the presence of the Public Prosecutor (if you are a minor, the Public Prosecutor of Children and Adolescents) and with the assistance of your attorney. If you wish, you can request the presence of your parents, legal guardian or trusted person too.
  • If after the government appoints a public defense attorney you would like to change the public attorney for a new attorney of your choosing, you can do so.
  • If your attorney abandons the case for any reason, you can appoint a new attorney or the government will appoint a public defense attorney for you.The Oficina Nacional de Defensa Pública (ONDP – National Office of Public Defense) provides free legal defense services, through qualified attorneys, to those that lack the financial resources to pay for an attorney or who for any reason do not have one.
  • The Oficina Nacional de Defensa Pública (ONDP – National Office of Public Defense) provides free legal defense services, through qualified attorneys, to those that lack the financial resources to pay for an attorney or who for any reason do not have one. You can contact them here:

 

11. Do Police Always Have To Tell The Truth?

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  • The law is not clear. As a result, the police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
  •  Sometimes police will lie to try and get you to talk more.

 

  • The laws of the Dominican Republic do not expressly permit the police to lie to the detainee to obtain certain information, but they do not expressly prohibit it either.
  • The police cannot charge minors with any crimes obtained through illegal methods. If they do, the charge to be nullified (cancelled) and the police will face administrative or criminal responsibility.

 

See also:

Shut up if you don’t want to be killed – Human Rights Violations by Police in the Dominican Republic, by Amnesty International (2011) - https://www.refworld.org/pdfid/4ea7d97d2.pdf 

 

12. How do I make a compliant if I have questions or feel my rights have been violated?

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  • If you feel your rights have been violated by the National Police, you can file a complaint with the Inspector General of the National Police or the Office of Internal Affairs of the National Police.
  • You can also make a report with the Human Rights Observatory for Vulnerable Groups of the Dominican Republic.

 

  • If you feel your rights have been violated by the National Police, you can file a complaint with the Inspector General of the National Police or the Office of Internal Affairs of the National Police.
  • The National Police officer’s superior, the Attorney General or the Public Defender, can also file a complaint of misconduct by a National Police officer with the Inspector General of the National Police or the Office of Internal Affairs of the National Police.
  • The Superior Police Council, with the recommendation of the Inspector General of the National Police and/or the Office of Internal Affairs of the National Police, is in charge of determining the manner in which the complaint will be handled and the appropriate disciplinary action.
  • In the event the actions of the National Police officer constitute criminal activity, the District Attorney will undertake a separate investigation, in which case the National Police officer will be suspended from his or her duties.

 

  • Law No. 96-04, Institutional Law of the National Police

13. What can you do if the police perform an improper search? Or I was improperly detained?

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  • Carefully write down when you notice that something improper occurs. Record in your own words the date, time, location, officer details (names, badge numbers, physical appearance), witnesses, conversation and actions of all participants, etc. with as much detail as possible. Your notes can be used as the basis for any formal action you may file later.
  • If you are improperly arrested (without the proper legal formalities), the police officer that conducted the arrest will be subject to disciplinary action, including civil and criminal charges.

     

  • If the police perform a search without the proper legal formalities, the evidence collected from it will not be admissible in court later.

  • The following are examples of improper arrests of minors and the penalty for the violation:
    • If you are arrested without an order from a judge or without being caught committing a crime or without evidence that you probably just committed a crime, the penalty for the responsible police officer is 1 year in prison and a fine of 3 to 5 minimum wages at the time of the infraction.
    • If you are physically and/or psychologically abused at the time of the arrest, the penalty for the responsible police officer is 2 to 5 years in prison and a fine of 3 to 10 minimum wages at the time of the infraction.
    • If you are not brought to the Public Prosecutor within 12 hours of your arrest, if you are not informed of your rights at the time of your arrest, or if the arrest is not brought to the attention of the Public Prosecutor to the Court, your parents, legal guardian or person of trust; the penalty for the responsible police officer is 6 months to 2 years in prison and the police officer will be removed from office.
  • If you are improperly arrested (without the proper legal formalities) or if you are in imminent threat for this to happen, you have the right to file an "injunction of habeas corpus" with the Court for Children and Adolescents, so that such Court decides, without delay, on the legality of the arrest or such threat.
  • There are no requirements for the filing of an injunction of habeas corpus. It may submitted in writing or by statement at the secretariat, by you or any person on your behalf. Your filing for an injunction of habeas corpus should include the following:
    • name of the person on whose behalf it is requested;
    • place where you are;
    • name/title of the official or person who took the actions depriving, inhibiting or threatening your physical freedom or the name of the person in charge of the premises in which he/she is located;
    • a brief statement of the reasons why the recourse is invoked; and
    • mention that there are no ordinary resources available.

If you feel like any of your rights protected by the Constitution, international treaties and the Law 136-03, Code for the System of Protection and the Fundamental Rights of Children and Adolescents, have been violated, you have a right to file a protective injunction (recurso de amparo) with the Court for Children and Adolescents.