Practice area

Criminal law

When someone is under investigation, detained, or the victim of a crime, they need to quickly understand what is happening, what rights they have, and what will happen in the coming days. The firm handles criminal matters from the first proceeding through to sentencing, with particular attention to foreign clients who are not familiar with the language or the system.

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Balbuena Camps team on the staircase of its Puerto Plata offices

Dominican criminal law is governed by the Código Penal (Criminal Code) and the Código Procesal Penal (Code of Criminal Procedure, Law 76-02), together with the guarantees set out in the Constitution. The process is accusatorial: the Ministerio Público (public prosecutor) investigates and prosecutes, the defense contests the case, and an impartial judge decides. Understanding each actor’s role and the deadlines of each stage reduces uncertainty and prevents irreparable mistakes, such as giving a statement without an attorney or missing the deadline for an appeal.

The firm acts both in defending persons under investigation and in representing victims. In both cases, the work begins with an honest review of the case file: what facts are alleged, what evidence exists, and what decisions are available at each stage.

Common situations

  • Detention or summons by the Ministerio Público (public prosecutor)

    Immediate assistance during the investigation stage, coercive measures, and preliminary hearings.

  • Victim of a crime

    Filing the criminal complaint (querella), joining the proceedings as a civil claimant, and following up on the investigation.

  • Traffic accidents involving injuries

    Defense or claim when an accident gives rise to criminal liability.

  • Economic and technology crimes

    Fraud, breach of trust, computer fraud, and other offenses with a financial dimension.

How Balbuena Camps helps

  1. Presence from the first hour

    We accompany the client at the appearance before the prosecutor's office and at the coercive measures hearing, when assistance matters most.

  2. Explaining the process

    We describe each stage of the Dominican criminal process, the deadlines, and the possible outcomes, without promising results.

  3. A documented strategy

    We review the case file, the evidence, and the proceedings to build a well-founded defense or prosecution.

How the process works

  1. Investigation

    The Ministerio Público (public prosecutor) investigates the facts; at this stage, coercive measures, including pretrial detention, may be requested.

  2. Intermediate phase

    Preliminary hearing before the investigating judge, who decides whether the case proceeds to trial.

  3. Trial

    Merits hearing before the panel or single-judge court, depending on the applicable penalty.

  4. Appeals

    Appeal and cassation against decisions that cause harm to a party.

Attorneys who handle this area

Where we serve

Frequently asked questions

What happens after an arrest in the Dominican Republic?

A detained person must be brought before a judge within the constitutional deadline of 48 hours so that a decision can be made on coercive measures. From the outset, they have the right to an attorney and to communicate with their family or their consulate.

Can a foreign national leave the country while criminal proceedings are open?

It depends on the coercive measures imposed. A travel ban (impedimento de salida) is a common measure; it is advisable to review the specific court order before planning any trip.

Does the victim need an attorney?

It is not mandatory to file a complaint, but it is required to become a querellante (private prosecutor) and civil claimant and to participate fully in the proceedings, including seeking compensation.

Sources and legal references

  1. Code of Criminal Procedure (Law 76-02)Ley 76-02 que establece el Código Procesal Penal, modificada por la Ley 10-15Citation pending verification
  2. Dominican Penal CodeCódigo Penal de la República Dominicana y leyes penales especialesCitation pending verification
  3. Constitution of the Dominican RepublicConstitución de la República Dominicana, proclamada el 26 de enero de 2010, con las reformas de 2015 y 2024Citation pending verification
Legal review
Pending review by an attorney

The information on this page is general guidance. It is not individualised legal advice and does not create an attorney-client relationship. Every situation should be assessed with an attorney.

Consultation

Speak with a criminal defense attorney

Tell us what has happened. We will explain your procedural situation, the deadlines, and the options for defense or claim.

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