The Association of Industries of the Dominican Republic (AIRD) has formally requested the review of eight articles in the new Penal Code, specifically focused on corporate penal responsibilities, due to the current drafting which could generate legal uncertainty for the country’s business sector.
Why the AIRD expects to review corporate penal responsibilities?
The industrial guild argues that the current drafting of articles 8 to 13, along with 150 and 151 of Law No. 74-25, lacks the necessary clarity to guarantee respect for the principles of legality and due process. This lack of precision could allow interpretations that directly affect the legal security of companies, especially in matters of corporate penal responsibilities.
The AIRD proposes strengthening the drafting of these articles without undermining the effectiveness of the penal prosecution sought by the new Code. The goal is to eliminate ambiguities that can be used in lawsuits against corporations, ensuring that corporate penal responsibilities are defined with precision and without room for arbitrary interpretations.
The opportunity of the bicameral commission
The entity understands that the modification process currently known by a bicameral commission of the National Congress constitutes the adequate opportunity to introduce the necessary precision. This commission, headed by deputy Wandy Batista and senator María Mercedes Ortiz, plans to submit its report before the closure of the ordinary legislative session, scheduled for the next July 26.
Impact on competitiveness and investment
The modifications that will finally be approved must contribute to strengthening legal security, competitiveness, and the existence of a predictable legal framework that favors investment. Without a clear adjustment in corporate penal responsibilities, the country could face risks that limit the development of business activity.
“The AIRD supports a modern and updated Penal Code for the Dominican Republic. Precisely for that reason, we consider it important that this modification process allows correcting the provisions that, in their current drafting, can give rise to interpretations that affect the legal security of companies”, said Mario E. Pujols, executive vice president of the AIRD.
The guild insists that clarity in corporate penal responsibilities is fundamental to attract foreign investment and guarantee economic growth. The AIRD emphasizes that corporate penal responsibilities must be delimited with precision to avoid unjust sanctions or interpretations that harm the Dominican business fabric.
In conclusion, the AIRD’s request seeks to balance penal prosecution with the protection of companies, ensuring that corporate penal responsibilities do not become an obstacle to the economic development of the Dominican Republic.
