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)

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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

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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)