Dominican Republic 2010 Constitution

TITLE V. OF THE JUDICIAL POWER

Article 149. The Judicial Power

Justice is administered gratuitously, in the name of the Republic, by the Judicial Power. This power is exercised by the Supreme Court of Justice and the other tribunals created by this Constitution and by the laws.

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The judicial function consists in administering justice to decide concerning the conflicts between physical or moral persons, in private or public law, in any type of process, judging and having judgments executed. Its exercise corresponds to the tribunals and courts determined by the law. The Judicial Power enjoys functional, administrative and budgetary autonomy.

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The tribunals will not exercise more functions than those attributed by the Constitution and the laws.

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Any decision issued by a tribunal may be appealed before a superior court, subject to the conditions and exceptions established by the law.

Article 150. Judicial career

The law will regulate the juridical statute of the judicial career, the entrance, formation, advancement, promotion, dismissal, and retirement of a judge, in accordance with the principles of merit, capacity and professionalism; as well as the regime of retirement and pensions for the judges, functionaries and employees of the judicial order.

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The law will also regulate the National School of the Judicature, which will have as its function the initial formation of the [masculine and feminine] aspirants for judges, assuring their technical training.

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To be appointed a judge of the Judicial Power, every aspirant must submit to a public contest of merits through a system of entry to the National School of the Judicature that to such effect will be established by law and have successfully completed the program of instruction of this school. Only the members of the Supreme Court of Justice that are of free election are exempt from these requirements.

Article 151. Independence of the Judicial Power

The [feminine and masculine] judges who are members of the Judicial Power are independent, impartial, responsible and not removable and are subjected to the Constitution and the laws. They cannot be removed, separated, suspended, transferred or retired, except for any of the causes established by, and with the guarantees provided for, by the law.

1. The law will establish the regime of responsibility and rendition of accounts of judges and functionaries of the Judicial Power. Service in the Judicial Power is incompatible with any other public or private function, except for teaching. Its members are can neither opt for any elective public office, nor participate in partisan political activity;
2. The age of obligatory retirement for the judges of the Supreme Court of Justice is seventy-five years. For the other judges, functionaries and employees of the Judicial Power it will be established in accordance with the law that governs the matter.

CHAPTER I. OF THE SUPREME COURT OF JUSTICE

Article 152. Integration

The Supreme Court of Justice is the superior jurisdictional organ of all the judicial organs. It will be integrated by not less than sixteen judges and may meet, deliberate and decide validly with the quorum determined by the law that establishes its organization. It will be divided into chambers, in accordance with the law.

Article 153. Requirements

To be a [masculine or feminine] judge of the Supreme Court of Justice it is required to:

1. Be a Dominican [feminine] or Dominican [masculine] by birth or origin and be more than thirty-five years of age;
2. Be in full exercise of the civil and political rights;
3. Be a bachelor or doctor in Law;
4. Have exercised for at least twelve years the profession of lawyer, the university teaching of law or to have performed, for an equal time, the functions of judge within the Judicial Power or of representative of the Public Ministry. These periods may be accrued.

Article 154. Attributions

It corresponds exclusively to the Supreme Court of Justice, without prejudice to the other attributions that the law confers on it:

1. To take cognizance in sole instance of the penal causes followed against the President and the Vice-President of the Republic; the senators, deputies; judges of the Supreme Court of Justice, and of the Constitutional Tribunal; the ministers and vice-ministers; the Procurator General of the Republic; the judges and general procurators of the courts of appeal or equivalent courts; the judges of the superior tribunals of lands, of the superior administrative tribunals and of the Superior Electoral Tribunal; the Defender of the People; the members of the Diplomatic Corps and the heads of missions accredited abroad; the members of the Central Electoral Board, of the Chamber of Accounts and of the Monetary Board;
2. To take cognizance of recourses in cassation in accordance with the law;
3. To take cognizance of, in last recourse, of the causes of which cognizance in first instance is the competence of the courts of appeal and their equivalents;
4. To appoint, in accordance with the Law of the Judicial Career, the judges of the courts of appeal or their equivalents, of the courts of first instance or their equivalents, the judges of instruction, the justices of the peace and their substitutes, and the judges of any other tribunals of the Judicial Power created by the Constitution and the laws.

CHAPTER II. OF THE COUNCIL OF THE JUDICIAL POWER

Article 155. Integration

The council of the Judicial Power will be integrated in the following manner:

1. The President of the Supreme Court of Justice, who will preside over it;
2. A Judge of the Supreme Court of Justice, elected by the plenary thereof;
3. A Judge of the Court of Appeal or his equivalent, elected by his peers;
4. A Judge of First Instance or his equivalent, elected by his peers;
5. A Justice of the Peace or his equivalent, elected by his peers.

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The members of this council, with exception of the President of the Supreme Court of Justice, will remain in these functions for five years, they will cease in the exercise of their jurisdictional functions while being members of such council and may not opt for a new period in the council.

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The law will define the functioning and organization of this council.

Article 156. Functions

The Council of the Judicial Power is the permanent organ of administration and discipline of the Judicial Power. It will have the following functions:

1. To present to the plenary of the Supreme Court of Justice the candidates [masculine] or candidates [feminine] for the appointment, determination of hierarchy and advancement of the judges of the different tribunals of the Judicial Power, in accordance with the law;
2. The financial and budgetary administration of the Judicial Power;
3. The disciplinary control over the judges, functionaries and employees of the Judicial Power with exception of the members of the Supreme Court of Justice;
4. The application and execution of the instruments of evaluation of performance of the judges and administrative personnel that integrate the Judicial Power;
5. The transfer of the judges of the Judicial Power;
6. The creation of the administrative offices of the Judicial Power;
7. The appointment of all the functionaries and employees that depend on the Judicial Power;
8. The other functions conferred by the law.

CHAPTER III. OF THE JUDICIAL ORGANIZATION

SECTION I. OF THE COURTS OF APPEAL

Article 157. Courts of Appeal

There will be the Courts of Appeal and their equivalents that the law will determine, as well as the number of judges that must comprise them and their territorial competence.

Article 158. Requirements

To be a judge of a Court of Appeal it is required to:

1. Be a Dominican [masculine] or Dominican [feminine];
2. Be in full exercise of the civil and political rights,
3. Be a bachelor or doctor in Law;
4. Belong to the judicial career and have performed as a Judge of First Instance during the time that the law determines.

Article 159. Attributions

The following are attributions of the courts of appeal:

1. To take cognizance of the appeals to the sentences, in accordance with the law;
2. To take cognizance in first instance of the penal causes followed against the judges of first instance or their equivalents; the prosecuting attorneys, the titular members of the autonomous and decentralized organs of the State, the provincial governors, and the mayors of the National District and of the municipalities;
3. To take cognizance of the other matters determined by the law.

SECTION II. OF THE COURTS OF FIRST INSTANCE

Article 160. Courts of first instance

There will be the courts of first instance or their equivalents, with the number of judges and the territorial competence that the law determines.

Article 161. Requirements

To be a judge of first instance it is required to:

1. Be a Dominican [masculine] or Dominican [feminine]
2. Be in full exercise of civil and political rights;
3. Be a bachelor or doctor in Law;
4. Belong to the judicial career and have performed as a Justice of the Peace during the time that the law determines.

SECTION III. OF THE COURTS OF PEACE

Article 162. Courts of peace

The law will determine the number of courts of peace or their equivalents, their attributions, territorial competence and the form in which they will be organized.

Article 163. Requirements

To be a justice of the peace it is required to:

1. Be a Dominican [masculine] or Dominican [feminine];
2. Be in full exercise of civil and political rights;
3. Be a bachelor or doctor in Law.

CHAPTER IV. OF THE SPECIALIZED JURISDICTIONS

SECTION I. OF THE ADMINISTRATIVE CONTENTIOUS JURISDICTION

Article 164. Integration

The Administrative Contentious Jurisdiction will be integrated by superior administrative tribunals and by administrative contentious tribunals of first instance. Their attributions, integration, location, territorial competence and procedures will be determined by the law. The superior tribunals may be divided into chambers and their decisions are susceptible of being appealed in cassation.

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The [feminine and masculine] judges of the superior administrative tribunals must meet the same requirements necessary for the judges of the courts of appeal.

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The [feminine or masculine] judges of the administrative contentious tribunals must meet the same requirements necessary for the judges of first instance.

Article 165. Attributions

The following are attributions of the superior administrative tribunals, without prejudice to the others set forth by the law:

1. To take cognizance of the recourses against the decisions in administrative, tax, financial and municipal matters of any administrative contentious tribunal of first instance, or that in essence has that character;
2. To take cognizance of the contentious recourses against the acts, actions and provisions of the administrative authorities that are contrary to the Law, as a consequence of the relations between the Administration of the State and individuals, if these are not heard by the administrative contentious tribunals of first instance;
3. To take cognizance of and resolve in first instance or in appeal, in accordance with the law, the administrative contentious actions that stem from the conflicts arising from the Public Administration and its civil functionaries and employees;
4. The other attributions conferred by the law.

Article 166. General Administrative Procurator

The Public Administration will be represented permanently before the Administrative Contentious Jurisdiction by the General Administrative Procurator and, if it proceeds, by the lawyers that he appoints. The General Administrative Procurator will be appointed by the Executive Power. The law will regulate the representation of the other organs of the State.

Article 167. Requirements

The General Administrative Procurator must fulfill the same conditions required to be the Procurator General of the Court of Appeal.

SECTION II. SPECIALIZED JURISDICTIONS

Article 168. Specialized jurisdictions

The law will establish the creation of specialized jurisdictions when reasons of public interest or of efficiency of service for the treatment of other matters require it.

CHAPTER V. OF THE PUBLIC MINISTRY

Article 169. Definition and functions

The Public Ministry is the organ of the system of justice responsible for the formulation and implementation of the policy of the State against criminality, it directs the criminal investigation and exercises the public action in representation of society.

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In the exercise of its functions, the Public Ministry will guarantee the fundamental rights that assist the citizens [masculine] and the citizens [feminine], it will promote the alternative resolution of disputes, it will establish the protection of victims and witnesses and will defend the public interest guarded by the law.

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The law will regulate the functioning of the system of penitentiaries under the direction of the Public Ministry or another organ that is constituted for such effect.

Article 170. Autonomy and principles of action

The Public Ministry enjoys functional, administrative and budgetary autonomy. It exercise its functions in accordance with the principles of legality, objectivity, unity of actions, hierarchy, indivisibility and responsibility.

SECTION I. OF INTEGRATION

Article 171. Designation and requirements

The President of the Republic will appoint the Procurator General of the Republic and also half of his adjunct procurators. To be the Procurator General of the Republic or an adjunct, the same requirements to be a judge of the Supreme Court of Justice are required. The law will set forth the form of appointment of the other members of the Public Ministry.

Article 172. Integration and incompatibilities

The Public Ministry is integrated by the Procurator General of the republic, who directs it, and by the other [feminine or masculine] representatives established by the law.

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The Public Ministry will be represented before the Supreme Court of Justice by the Procurator General of the Republic and by the [feminine and masculine] adjunct procurators, in accordance with the law. Its representation before the other judicial instances will be set forth by the law.

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The function of representative of the Public Ministry is incompatible with any other public or private function, except for teaching and, while retaining the exercise of their functions, they cannot opt for any other public elective office or participate in any political partisan activity.

SECTION II. OF THE CAREER OF THE PUBLIC MINISTRY

Article 173. System of career

The Public Ministry is organized in accordance with the law, which regulates its non-removability, the disciplinary regime and the other precepts that govern its acts, as well as its school of formation and its organs of government, guaranteeing the permanence of its career members until reaching seventy-five years of age.

SECTION III. OF THE SUPERIOR COUNCIL OF THE PUBLIC MINISTRY

Article 174. Integration

The internal government organ of the Public Ministry is the Superior Council of the Public Ministry, which will be integrated in the following manner:

1. The Procurator General of the Republic, who will preside over it;
2. An Adjunct Procurator General of the Republic elected by his peers;
3. A Procurator General of the Court of Appeal elected by his peers;
4. A Prosecuting Attorney or his equivalent elected by his peers;
5. A Supervisor elected by his peers.

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The law will define the functioning and organization of this council.

Article 175. Functions

The functions of the Superior Council of the Public Ministry are the following:

1. To direct and administer the system of the career of the Public Ministry;
2. The financial and budgetary administration of the Public Ministry;
3. To exercise the disciplinary control over the representatives, functionaries and employees of the Public Ministry, with exception of the Procurator General of the Republic;
4. To formulate and apply the instruments of evaluation of the representatives of the Public Ministry and of the administrative personnel that integrate it;
5. To transfer the representatives of the Public Ministry, provisionally or definitively, from one jurisdiction to another when it is necessary and useful for the service, with the conditions and guarantees set forth in the law, with exception of the [feminine and masculine] adjunct attorneys of the Procurator General of the Republic;
6. To create the administrative offices that are necessary by which the Public Ministry may fulfill the attributions conferred on it by this Constitution and the laws;
7. The other functions conferred on it by the law.

CHAPTER VI. OF THE PUBLIC DEFENSE AND OF THE GRATUITOUS LEGAL ASSISTANCE

Article 176. Public Defense

The service of Public Defense is an organ of the system of justice provided with administrative and functional autonomy, which has as its objective guaranteeing the effective guardianship of the fundamental right to defense in the specific areas of its competence. The service of Public Defense will be offered in the entire national territory attending to the criteria of gratuity, ease of access, equality, efficiency and quality, for the accused persons that for any reason are not assisted by a lawyer. The Law of Public Defense will govern the functioning of this institution.

Article 177. Gratuitous legal assistance

The State will be responsible for organizing programs and services of gratuitous legal assistance in favor of the people that lack the economic resources to obtain the judicial representation of their interests, particularly for the protection of the rights of the victim, without prejudice to the attributions that correspond to the Public Ministry within the scope of the penal process.