Dominican Republic 2010 Constitution

TITLE XIII. OF THE STATES OF EXCEPTION

Article 262. Definition

States of exception are considered those extraordinary situations that gravely affect the security of the Nation, of the institutions and of persons, when confronted by which the ordinary faculties are insufficient. The President of the Republic, with the authorization of the National Congress, can declare the states of exception in these three modalities: State of Defense, State of Internal Commotion and State of Emergency.

Article 263. State of Defense

In case the national sovereignty or the territorial integrity are placed in grave and imminent danger due to external armed aggressions, the Executive Power, without prejudice to the faculties inherent to its office, can solicit from the National Congress the declaration of the State of Defense. During this state the following cannot be suspended:

1. The right to life, in accordance with the provisions of Article 37;
2. The right to personal integrity, in accordance with the provisions of Article 42;
3. The freedom of conscience and of belief, in accordance with the provisions of Article 45;
4. The protection of the family, in accordance with the provisions of Article 55;
5. The right to one’s name, in accordance with the provisions of Article 55, numeral 7;
6. The rights of children, in accordance with the provisions of Article 56;
7. The right to nationality, in accordance with the provisions of Article 18;
8. The rights of citizenship, in accordance with the provisions of Article 22;
9. The prohibition of slavery and servitude, in accordance with the provisions of Article 41;
10. The principle of legality and of non-retroactivity, in accordance with what is established in Article 40, numerals 13) and 15);
11. The right to the recognition of juridical personality, in accordance with the provisions of Articles 43 and 55, numeral 7);
12. The judicial, procedural and institutional guarantees indispensable for the protection of these rights, in accordance with the provisions of Articles 69, 71 and 72.

Article 264. State of Internal Commotion

The State of Internal Commotion can be declared in all or in part of the national territory, in cases of grave disturbance of the public order that infringe in an imminent manner the institutional stability, the security of the State or the coexistence of the citizenry, and that cannot be averted through the use of the ordinary attributions of the authorities.

Article 265. State of Emergency

The State of Emergency can be declared when events different from those specified in Articles 263 and 264 occur that disturb or threaten to disturb in a grave and imminent form the economic, social, and environmental order of the country, or that constitute public calamity.

Article 266. Regulatory provisions

The states of exception will be subject to the following provisions:

1. The President must obtain the authorization of the Congress to declare the corresponding state of exception. If the Congress is not meeting, the President can declare it, which will give rise to the immediate convocation of it, so that it may decide in that regard.
2. While the state of exception remains, the Congress will meet with the plenitude of its attributions and the President of the Republic will report to it in a continuous form concerning the provisions that have been taken and the evolution of the events;
3. All of the authorities of elective character maintain their attributions during the validity of the states of exception;
4. The states of exception do not exempt compliance with the law and the responsibilities of the authorities and the other servants of the State;
5. The declaration of the states of exception and the acts adopted during them will be subject to constitutional control;
6. In the States of Internal Commotion and of Emergency, only the following rights recognized by this Constitution may be suspended:
   1. Remission to prison, in accordance with the provisions of Article 40, numeral 1);
   2. Deprivation of liberty without cause or without the legal formalities, as set forth in Article 40, numeral 6);
   3. Times for the submission to the judicial authority or to be set free, established in Article 40, numeral 5);
   4. The transfer from prison facilities to other places, as established in Article 40, numeral 12);
   5. The presentation of detainees, established in Article 40, numeral 11);
   6. That concerning habeas corpus, regulated in Article 71;
   7. The inviolability of the domicile and of private premises, as set forth in Article 44, numeral 1);
   8. The freedom of transit, set forth in Article 46;
   9. The freedom of expression, in the terms established by Article 49;
   10. The freedoms of association and of meeting, established in Articles 47 and 48;
   11. The inviolability of correspondence, established in Article 44, numeral 3).
7. As soon as the causes that gave rise to the state of exception have ceased, the Executive Power will declare the lifting of it. The National Congress, the causes that gave rise to the state of exception having ceased, will provide for its lifting if the Executive Power fails to do so.