Dominican Republic 2015 Constitution

Title XIII. On the States of Exception

Article 262. Definition

Those extraordinary situations that gravely affect the security of the Nation, of the institutions and of the people before which the ordinary abilities are insufficient are considered states of exception. The President of the Republic, with the authorization of the National Congress, may declare the states of exception in three modalities: State of Defense, State of Interior Commotion and State of Emergency.

Article 263. State of Defense

In the case of the national sovereignty or the territorial integrity being seen as in grave and imminent danger by external armed aggressions, the Executive Power, without prejudice to the inherent abilities of his office, may request from the National Congress the declaration of State of Defense. In this state the following may not be suspended:

1. The right to life, following the provisions of Article 37.
2. The right to personal integrity, following the provisions of Article 42.
3. Liberty of conscience and religions, following the provisions of Article 45.
4. The protection of the family, following the provisions of Article 55.
5. The right to one’s name, following the provisions of Article 55, number 7.
6. The rights of the child, following the provisions of Article 56.
7. The right to nationality, following the provisions of Article 18.
8. The rights of citizenship, following the provisions of Article 22.
9. The prohibition of slavery and servitude, following the provisions of Article 41.
10. The principle of legality and of non-retroactivity, following that established in Article 40, numbers 13 and 15.
11. The right to the recognition of juridical personality, following the provisions of Articles 43 and 55, number 7.
12. The judicial, process, and institutional guarantees indispensable for the protection of those rights, following the provisions of Article 69, 71, and 72.

Article 264. State of Interior Commotion

The State of Interior Commotion may be declared in all or in part of the national territory, in the case of grave disturbance of the public order that makes an attempt against institutional stability, the security of the State or citizen coexistence in an imminent manner or that may not be avoided through the use of the ordinary powers of the authorities.

Article 265. State of Emergency

The State of Emergency may be declared when facts different from those discussed in Articles 263 and 264 occur that disturb or threaten to disturb in a grave an imminent manner the economic, social environmental order of the country or that constitute a public calamity.

Article 266. Regulatory provisions

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

1. The President shall obtain the authorization of Congress to declare the appropriate state of exception. If the Congress is not meeting, the President may declare it, which will bring with it immediate convocation of the same so that it may decide in that regard.
2. While the state of exception remains, the Congress shall meet with the fullness of its powers and the President of the Republic shall inform it in a continuous manner about the provisions that he has taken and the evolutions of events.
3. All the authorities of elective character maintain their powers during the effect of the states of exception.
4. The states of exception do not exempt the authorities and other servants of the state from the fulfillment of the law and their responsibilities.
5. The declaration of the states of exception and the acts adopted during the same shall be submitted to constitutional control.
6. In the States of Interior Commotion and of Emergency, only the following rights recognized by this Constitution may be suspended:
   1. Remission to prison, following the provisions of Article 40, number 1
   2. Deprivation of liberty without cause or without the legal formalities, following that provided in Article 40, number 6.
   3. Times of submission to the judicial authority or for being set free, established in Article 40, number 5.
   4. The transfer from prison establishments or other locations, provided in Article 40, number 12.
   5. The presentation of detained persons, established in Article 40, number 11.
   6. That related to habeas corpus, regulated in Article 71.
   7. The inviolability of the home and private premises, provided in Article 44, number 1
   8. The freedom of transit, provided in Article 46.
   9. Freedom of expression, in the terms provided by Article 49.
   10. The freedoms of association and meeting, establishes in Articles 47 and 48.
   11. The inviolability of correspondence, established in Article 44, number 3.
7. As soon as the reasons that gave rise to the state of exception have ceased, the Executive Power shall declare its raising. The National Congress, the reasons that gave rise to the state of exception having ceased, shall provide its raising if the Executive Power refuses to do so.