Dominican Republic 2015 Constitution

Title V. On the Judicial Power

Article 149. Judicial power

Justice is administered for free, in the name of the Republic, by the Judicial Power. This power is exercised by the Supreme Court of Justice and the other courts created by this Constitution and the law.

Paragraph I

The judicial function consists of administering justice in order to decide on conflicts between physical and moral people, in private or public right, in all types of processes, judging and making judgments executed. Its exercise is the responsibility of the courts and the judgments determined by law. The Judicial Power enjoys functional, administrative, and budgetary autonomy.

Paragraph II

The courts shall not exercise more functions than those granted to them by the Constitution and the law.

Paragraph III

All decisions emanating from a court may be appealed before a superior court, subject to the conditions and exceptions established by law.

Article 150. Judicial career

The law shall regulate the juridical statute of the judicial career, the income, education, ascent, promotion, disassociation, and retirement of the judge, in accordance with the principles of merit, ability, and professionalism, as well as the regime of retirements and pensions of judges, officials, and employees of the judicial order.

Paragraph I

The law also shall regulate the National School of Judiciary, which shall have as its function the initial education of males and females who aspire to be judges, assuring their technical training.

Paragraph II

In order to be appointed judge of the Judicial Power, all those who aspire must submit themselves to a public competition on merits through the system of enrollment in the National School of Judiciary to the effect that the law establishes and have satisfactorily passed the program of education of said school. Only the members of the Supreme Court of Justice who are freely elected are exempt of these requirements.

Article 151. Independence of the Judicial Power

Male and Female judges who are members of the Judicial Power are independent, impartial, responsible, and fixed and are subject to the Constitution and the laws. They may not be removed, separated, suspended, transferred or retired, except for any of the established causes and with the guarantees given in the law.

1. the law shall establish the regime of responsibility and rendition of accounts of judges and officials of the Judicial Power. Service in the Judicial Power is incompatible with any other public or private office, except that of teacher. Its members may not choose any elective public role nor may they participate in party political activities.
2. The age of obligatory requirement for judges of the Supreme Court of Justice is seventy-five years. For the other judges, officials, and employees of the Judicial Power, it shall be established in accordance with the law that rules the matter.

Chapter I. On the Supreme Court of Justice

Article 152. Integration

The Supreme Court of Justice is the superior jurisdictional organ of all the judicial bodies. It is integrated by no less than 16 judges and it may meet, deliberate, and be absent validly with the quorum determined by the law that establishes its organization. It shall be divided into chambers, in accordance with the law.

Article 153. Requirements

In order to be a male or female judge of the Supreme Court of Justice, one is required:

1. To be a male or female Dominican by birth or origin and to have reached more than thirty-five years of age.
2. To find oneself in full exercise of the civil and political rights.
3. To be a bachelor or doctor in law.
4. To have practiced the profession of lawyer or university professor of law for at leave twelve years, or to have exercised for the same time period the office of judge within the Judicial Power or of representative of the Public Ministry. These periods may accumulate.

Article 154. Powers

It is the exclusive responsibility of the Supreme Court of Justice, without prejudice to the other powers that the law confers it:

1. To come to learn, in the only instance, the criminal cases against the President and the Vice President of the Republic, senators, deputies, judges of the Supreme Court of Justice, the Constitutional Tribunal, ministers and vice ministers, the Attorney General of the Republic, judges and attorney generals of the appellate or equivalent courts, judges of superior courts of the lands, of the superior administrative courts and of the Superior Electoral Tribunal, the Defender of the People, members of the Diplomatic Corps and chiefs of accredited missions abroad, members of the Central Electoral Board, of the Chamber of Accounts, and of the Monetary Board.
2. To come to learn the legal appeals in accordance with the law.
3. To come to learn, as last resort, the cases whose first instance of knowledge are the responsibility of the appellate courts and their equivalents.
4. To appoint, in accordance with the Law of the Judicial Career, the judges of the appellate courts or their equivalents, of the courts of first instance or their equivalents, the judges of instruction, judges of peace and their substitutes, judges of any other courts of the Judicial Power created by the Constitution and the laws.

Chapter II. On the Council of the Judicial Power

Article 155. Integration

The Council of the Judicial Power shall be integrated in the following form:

1. The President of the Supreme Court of Justice, who shall preside over it.
2. A Judge of the Supreme Court of Justice, elected by the full membership of the same.
3. A Judge of the Appellate Court or its equivalent, elected by his peers.
4. A Judge of First Instance or its equivalent, elected by his peers.
5. A Judge of Peace or its equivalent, elected by his peers.

Paragraph I

The members of this council, with the exception of the Supreme Court of Justice, shall remain in these offices for five years, shall cease in the exercise of their jurisdictional functions while they are members of said council and may not opt for a new period on the council.

Paragraph II

The law shall 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 shall have the following functions:

1. To present to the full Supreme Court of Justice the male or female candidate for appointment, determination of hierarchy and ascent of the judges of the different courts of the Judicial Power, in accordance with the law.
2. The financial and budgetary administration of the Judicial Power.
3. Disciplinary control over judges, officials, and employees of the Judicial Power with the exception of the members of the Supreme Court of Justice.
4. The application and execution of the instruments of evaluation of the work of the judges and administrative personnel who depend on the Judicial Power.
5. The other functions that the law confers upon it.
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 law.

Chapter III. On the Judicial Organization

Section I. On the Appellate Courts

Article 157. Appellate Courts

There will be appellate courts and their equivalents that the law determines, as well as the number of judges that should compose it and its territorial responsibilities.

Article 158. Requirements

In order to be a judge of a Court of Appeals, one is required:

1. To be a male or female Dominican.
2. To find oneself in full exercise of the civil and political rights.
3. To be a bachelor or doctor of Law.
4. To belong to the judicial career and to have acted as a judge of First Instance during the time period determined by law.

Article 159. Powers

The powers of the appellate courts are:

1. To come to learn the appeals and sentences, in accordance with the law.
2. To come to learn in the first instance of criminal cases against judges of first instance or their equivalents, district attorneys, heads of autonomous and decentralized organs and bodies of the State, provincial governors, mayors of the National District and of the municipalities.
3. To come to know the other matters that the laws determine.

Section II. On the Courts of First Instance

Article 160. Courts of first instance

There shall be court of first instance or their equivalents, with the number of judges and the territorial responsibilities that the law determines.

Article 161. Requirements

In order to be a judge of first instance, one is required:

1. To be a male or female Dominican.
2. To find oneself in full exercise of the civil and political rights.
3. To be a bachelor or doctor of Law.
4. To belong to the judicial career and to have worked as a Judge of Peace during the time period determined by law.

Section III. On Courts of Peace

Article 162. Courts of Peace

The law shall determine the number of courts of peace or their equivalents, their powers, territorial responsibilities and the form in which they shall be organized.

Article 163. Requirements

In order to be a judge of peace, one is required:

1. To be a male or female Dominican.
2. To find oneself in full exercise of the civil and political rights.
3. To be a bachelor or doctor of Law.

Chapter IV. On Specialized Jurisdictions

Section I. On Contentious Administrative Jurisdiction

Article 164. Integration

The Contentious Administrative Jurisdiction shall be integrated by superior administrative courts and contentious administrative courts of first instance. Their powers, integration, location, territorial responsibilities, and proceedings shall be determined by the law. The superior courts may divide themselves into chambers and their decisions are susceptible to appeal.

Paragraph I

The male and female judges of the superior administrative courts shall meet the same requirements demanded of the judges of appellate courts.

Paragraph II

The male and female judges of the contentious administrative courts shall meet the same requirements demanded of the judges of first instance.

Article 165. Powers

The following are powers of the superior administrative courts, without prejudice to the others provided by law:

1. To come to learn the recourses against the decisions in administrative, tax, financial, and municipal matters of any contentious administrative court of first instance, or that essentially has this character.
2. To come to learn the contentious recourses against the acts, conduct, and provisions of administrative authorities contrary to Law as a consequence of the relationships between the Administration of the State and individuals, if they are not known by the contentious administrative court of first instance.
3. To come to learn and to resolve in first instance or in appeal in accordance with law, the contentious administrative actions that are born of conflicts emerging between the Public Administration and its officials and civil employees.
4. The other powers conferred by law.

Article 166. General Administrative Attorney

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

Article 167. Requirements

The General Administrative Attorney must meet the same conditions required to be the Attorney General of the Appellate Court.

Section II. Specialized Jurisdictions

Article 168. Specialized jurisdictions

The law shall provide for the creation of specialized jurisdictions when they are required for reasons of public interest or of efficiency of service for the treatment of other matters.

Chapter V. On the Public Ministry

Article 169. Definition and functions

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

Paragraph I

In the exercise of its functions, the Public Ministry shall guarantee the fundamental rights that belong to male and female citizens, shall promote the alternative resolution of disputes, shall provide for the protection of victims and witnesses and shall defend the public interest guarded by the law.

Paragraph II

The law shall regulate the functioning of the penitentiary system under the direction of the Public Ministry or another body constituted in this effect.

Article 170. Autonomy and principles of action

The Public Ministry enjoys functional, administrative, and budgetary autonomy. It exercises its function in accordance to the principles of legality, objectivity, unity of action, hierarchy, indivisibility, and responsibility.

Section I. On Integration

Article 171. Appointment and requirements

The President of the Republic shall appoint the Attorney General of the Republic and half of the adjunct attorneys. In order to be Attorney General of the Republic or adjunct, one must have the same requirements as to be judge of the Supreme Court of Justice. The law shall provide the form of appointment of the other members of the Public Ministry.

Article 172. Integration and conflicts of interest

The Public Ministry is formed by the Attorney General of the Republic, who directs it, and by the other male and female representatives established by law.

Paragraph I

The Public Ministry shall be represented before the Supreme Court of Justice by the Attorney General of the Republic and by the male and female adjunct attorneys, in accordance with the law. Its representation before the other judicial instances shall be provided for by law.

Paragraph II

The office of representative of the Public Ministry is incompatible with any other public or private office, except that of teacher, and while remaining in the exercise of his office, one may not opt for any public elective role or participate in party political activities.

Section II. On the Career of Public Ministry

Article 173. Career system

The Public Ministry is organized in accordance with the law, which regulates its non-removability, disciplinary regime and the other precepts that rule its actions, its educational school and its organs of government, guaranteeing the permanence of its career members until seventy-five years.

Section III. On the Superior Council of the Public Ministry

Article 174. Integration

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

1. The Attorney General of the Republic, who shall preside over it.
2. An Adjunct Attorney of the Attorney General of the Republic, elected by his peers.
3. A General Attorney of the Appellate Court elected by his peers
4. A Fiscal Attorney or his equivalent elected by his peers
5. A Supervisor elected by his peers.

Paragraph

The law shall 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 disciplinary control over representatives, officials, and employees of the Public Ministry, with the exception of the Attorney 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 who form it.
5. To transfer representatives of the Public Ministry, provisionally or definitively, from one jurisdiction to another when it is necessary and useful to the service, with the conditions and guarantees given in the law, with the exception of the male and female adjunct attorneys and the Attorney General of the Republic
6. To create administrative roles when they are necessary so that the Public Ministry may fulfill the powers that this Constitution and the laws confer unto it.
7. The other functions that the law confers unto it.

Chapter VI. On the Public Defense and Free Legal Assistance

Article 176. Public defense

The service of Public Defense is an organ of the system of justice equipped with administrative and functional autonomy, which has as its ends guaranteeing the effective guardianship of the fundamental right to defense in the different areas of its power. The service of Public Defense shall be offered in all the national territory attending to the criteria of lack of payment, easy access, equality, efficiency, and quality, for people charged that for whatever reason are not represented by a lawyer. The Law of Public Defense shall rule the functioning of this institution.

Article 177. Free legal assistance

The State shall be responsible for organizing programs and services of free legal assistance in favor of people who lack economic resources to obtain judicial representation of their interests, particularly for the protection of the right of victims, without prejudice to the powers that correspond to the Public Ministry in the realm of the criminal process.