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The following is a general and unofficial
overview of the law governing drug offenses in the Dominican
Republic. This document is not to be construed as legal advice.
Specific questions about Dominican law should be directed to
competent Dominican attorneys.
INTRODUCTION
Drug offenses are serious crimes in the
Dominican Republic. If you are caught buying, selling, carrying or
using drugs in the Dominican Republic, you could be subject to a
mandatory term in a Dominican prison. The police and customs
officials have a right to search your belongings for drugs. If they
find drugs in your belongings, you will suffer the consequences.
As in any case when someone is charged with a
crime, obtaining competent legal representation is indispensable.
Although the Consular Section can provide a list of local attorneys
to arrested Americans, the Consular Section cannot recommend a
particular attorney. Accordingly, a defendant should exercise great
care in the selection of one’s attorney.
LAW IN EFFECT (GENERAL)
On May 30, 1988, the Dominican Congress
approved Law 50-88 dealing with Narcotic Drugs. It has been
diligently enforced since its passage. Under this law, the
possession of any quantity of marijuana, cocaine, hallucinogens,
barbiturates, amphetamines or other narcotic drugs is a punishable
offense. Each offender is categorized according to the quantity of
the drugs found in his/her possession and must stand trial in a
“Court of First Instance.” The judicial process may last up to
several years. During this pre-trial period, a defendant would
remain incarcerated in most cases.
The severity of this law was intended to keep
the country safe from criminal activities commonly associated with
the trafficking, cultivation and manufacture of narcotic drugs. Due
to its strategic location between South America and the United
States, the Dominican Republic has empowered the police and military
forces to undertake vigorous efforts to combat the threat from
narcotic drugs. The law was enacted to prevent the Dominican
Republic from becoming a major transit point in the criminal trade
of drugs. Anyone entering the Dominican Republic, regardless of
nationality, is subject to the provisions of Law 50-88.
Accordingly, U.S. citizens in the Dominican Republic are subject to
punishment under the strict anti-drug measures.
PENALTIES
A person apprehended in Santo Domingo for a
drug-related offense is generally detained at the Dirección Nacional
de Control de Drogas (DNCD). The prisoner is entitled to legal
counsel and a phone call. The An American citizen prisoner may also
request access to an American consular officer. The anti-drug law
includes a provision for release on bond, bail or parole. Suspects
may not be detained longer than the 48-hour period for investigation
without being presented before a judge (Juez de Instrucción). The
DNCD and the prosecutors assigned to the DNCD determine preliminary
charges based upon the quantity of drugs.
Offenders are grouped into one of four legal
categories depending on the amount of drugs allegedly found in their
possession. Penalties correspond to each of the four categories and
are currently fixed as follows:
CATEGORIES AND PENALTIES
CATEGORIES
MARIJUANA:
CATEGORY ONE: Simple Possession.
Defined as possession of 20 grams or less.
CATEGORY TWO: Distributor, Vendor.
Defined as possession of more than 20 grams and less than 1 (one)
pound.
CATEGORY THREE: Trafficker. Defined
as possession of 1 (one) pound or more.
HASHISH:
CATEGORY ONE: Simple Possession.
Defined as possession of 5 grams or less.
CATEGORY TWO: Distributor, Vendor.
Defined as possession of more than 5 grams and less than ¼ pound.
CATEGORY THREE: Trafficker. Defined
as possession of ¼ pound or more.
COCAINE:
CATEGORY ONE: Simple Possession.
Defined as possession of 1 gram or less.
CATEGORY TWO: Distributor, Vendor.
Defined as possession of more than 1 gram and less than 5 grams.
CATEGORY THREE: Trafficker. Defined
as possession of 5 grams or more.
ECSTASY*:
CATEGORY ONE: Simple Possession.
Defined as possession of 1 gram or less.
CATEGORY TWO: Distributor, Vendor.
Defined as possession of more than 1 gram and less than 5 grams.
CATEGORY THREE: Trafficker. Defined
as possession of 5 grams or more.
* Even though Ecstasy is not mentioned in the
law, Dominican authorities are placing it in the same category as
Cocaine.
When LSD, Opium and its derivatives, or any
other hallucinogenic substance is involved, in any quantity, the
person or persons processed will be classified as TRAFFICKERS.
SUPPLIERS, PATRONIZERS OR FINANCIERS
(CATEGORY FOUR): Applicable to persons who finance illegal
trafficking operations, intellectually directs these operations,
and/or supplies the transportation equipment or disposes of any
method which facilitates the illegal operation.
PENALTIES
CATEGORY ONE: Simple Possession.
Minimum: 6 months in prison and a fine of
RD$1,500.
Maximum: 2 years in prison and a fine of
RD$2,500.
CATEGORY TWO: Distributor, Vender.
Minimum: 3 years in prison and a fine of
RD$10,000.
Maximum: 10 years in prison and RD$50,000
fine.
CATEGORY THREE: Trafficker.
Minimum: 5 years in prison and a fine of
more than RD$50,000.
Maximum: 20 years in prison and a fine of
more than RD$50,000.
Traffickers must pay a fine of no lesser
value than the value of the seized controlled drugs or involvement
in the operation, but in no instance less than RD$50,000.
CATEGORY FOUR: Suppliers, Patronizers
and Financiers.
Suppliers, patronizers and financiers will be
sanctioned with imprisonment of thirty (30) years and a fine of no
lesser value than the value of the seized controlled drugs or
involvement in the operation, but in no instance less than
RD$1,000,000.
Within the parameters of each category of
penalty, the judge that presides at the trial and questions the
defendant determines the exact sentence.
ACCOMPLICES:
In the case of Simple Possession, persons who
are deemed accomplices will be sanctioned with the same penalties
imposed on the principal offender. In all other cases, accomplices
will be sanctioned with the category of penalty immediately inferior
to that of the principal person(s)charged.
Revised: April, 2006 |
