Constitutional Guarantees Enshrined in Favor of the Accused in Light of the New Code of Criminal Procedure of the Dominican Republic, in the Judicial District of Sánchez Ramírez. September 2004 - March 2006

Abstract

For centuries, a divergence between the Constitution and the Code of Criminal Procedure led to constant violations of constitutionally guaranteed rights of the accused. The enactment of the Code of Criminal Procedure sought to align criminal procedure with the constitutional framework. This cross-sectional, descriptive study, conducted in the Judicial District of Sánchez Ramírez, surveyed judges of the Justice of the Peace Court, Criminal Chamber, and Examining Court, Public Prosecutor's Office representatives, and court clerks, using questionnaires and a review of case files. It found that enshrined principles are generally respected, with the principle of legality of evidence showing the greatest weaknesses; roughly 80% of cases faithfully respected constitutional rights. Both judges and prosecutors play an active role in safeguarding the accused's rights. Recommendations include judges consistently rejecting illegally obtained evidence, examining judges fully exercising their legal powers, prosecutors helping expedite proceedings, and lawyers not hesitating to file claims when clients' rights are violated.

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