Constitution

Dominican Republic 2010 Constitution

Table of Contents

TITLE XII. OF THE ARMED FORCES, OF THE NATIONAL POLICE AND OF SECURITY AND DEFENSE

CHAPTER I. OF THE ARMED FORCES

Article 252. Mission and character

The defense of the Nation is the responsibility of the Armed Forces. As such:

  1. Its mission is to defend the independence and sovereignty of the Nation, the integrity of its geographic spaces, the Constitution and the institutions of the Republic;
  2. They can, as well, intervene when so ordered by the President of the Republic in programs destined to promote the social and economic development of the country, to mitigate situations of public disaster and calamity, and to assist as auxiliary of the National Police to maintain or reestablish the public order in exceptional cases;
  3. They are essentially obedient to the civil power, nonpartisan and do not have the faculty, in any case, of deliberating.

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The custody, supervision and control of all the arms, munitions and other military equipment; war materiel and equipment that enters the country or that is produced by the national industry, corresponds to the Armed Forces, with the restrictions established by the law.

Article 253. Military career

The entrance, appointment, promotion, retirement and other aspects of the regime of the military career of the members of the Armed Forces will be conducted without any discrimination, in accordance with its organic law and the complementary laws. The reinstatement of its members is prohibited, with exception in the cases in which the dismissal or retirement has been conducted in violation of the Organic Law of the Armed Forces, with prior investigation and recommendation by the corresponding ministry, in accordance with the law.

Article 254. Competence of the military jurisdiction and the disciplinary regime

The military jurisdiction alone has competence to take cognizance of the military infractions set forth in the laws concerning the matter. The Armed Forces will have a disciplinary regime applicable to those faults that do not constitute infractions of the military penal regime.

CHAPTER II. OF THE NATIONAL POLICE

Article 255. Mission

The National Police is an armed corps, technical, professional, of policing nature, under the authority of the President of the Republic, obedient to the civil power, nonpartisan and without faculty, in any case, of deliberating. The National Police has as its mission:

  1. To safeguard the security of the citizenry;
  2. To prevent and control crimes;
  3. To prosecute and investigate the penal infractions, under the legal direction of the competent authority;
  4. To maintain the public order to protect the free exercise of the rights of persons and of peaceful coexistence in accordance with the Constitution and the laws.

Article 256. Police career

The entrance, appointment, promotion, retirement and other aspects of the regime of the police career of the members of the National Police will be conducted without any discrimination, in accordance with its organic law and complementary laws. The reinstatement of its members is prohibited, with exception of the cases in which the dismissal or retirement has been conducted in violation of the Organic Law of the National Police, with prior investigation and recommendation by the corresponding ministry, in accordance with the law.

Article 257. Competence and the disciplinary regime

The police jurisdiction alone has competence to take cognizance of the police infractions set forth in the laws concerning the matter. The National Police will have a disciplinary regime applicable to those faults that do not constitute infractions of the police penal regime.

CHAPTER III. OF THE SECURITY AND DEFENSE

Article 258. Council of Security and National Defense

The Council of Security and National Defense is a consultative organ that advises the President of the Republic in the formulation of the policies and strategies concerning this matter and in any other matter that the Executive Power submits to its consideration. The Executive Power will regulate its composition and functioning.

Article 259. Defensive character

The Armed Forces of the Republic, in the development of their mission, will have an essentially defensive character, without prejudice to what is provided for in Article 260.

Article 260. Objectives of high priority

The following constitute objectives of high national priority:

  1. To combat transnational criminal activities that endanger the interests of the Republic and of its inhabitants;
  2. To organize and sustain efficient systems that prevent or mitigate the damages caused by natural and technological disasters.

Article 261. Bodies of public security or of defense

The National Congress, at the request of the President of the Republic, can provide for, when so required by the national interest, the formation of permanent bodies of public security or of defense with participants from the Armed Forces and the National Police who will be subordinated to the ministry or institution within the scope of its respective competences by virtue of the law. The system of intelligence of the State will be regulated by law.

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