New Criminal Procedure Code of the Dominican Republic Scope, Modifications, and Practical Implications
When did the new Criminal Procedure Code enter into force?
The new Criminal Procedure Code of the Dominican Republic entered into force on Tuesday, December 9, 2025, in the National District, and on Wednesday, December 10 of the same year in the rest of the country, following the enactment of Law No. 97-25 on Sunday, December 7, 2025. This new legislation fully replaces the previous procedural framework established by Law No. 76-02.
Its implementation introduces significant changes to the structure and operation of criminal proceedings, redefining the rules governing investigation, adjudication, and the participation of the parties, all under the principle of constitutional and conventional supremacy, in accordance with Article 1 of the Criminal Procedure Code.
As of its entry into force, judges, prosecutors, defense attorneys, victims, and defendants are now governed by a new legal framework that imposes higher technical and procedural standards, in line with the principles of legality, due process, and effective judicial protection established in Articles 3, 7, and 8 of Law No. 97-25.
What does this new Criminal Procedure Code entail?
The new Criminal Procedure Code maintains pre-existing procedural mechanisms within the Dominican criminal justice system, such as discretionary prosecution criteria, conciliation, and other alternative dispute resolution mechanisms, as provided for in Articles 35, 38, and 40 of the Code. These mechanisms remain applicable primarily to offenses punishable by a maximum sentence not exceeding five (5) years of imprisonment, as established by the law.
However, their scope has been redefined through more precise and objective limits, excluding their application when there is serious harm to the public interest, when the offense is of particular seriousness or complexity, when public officials are involved in the exercise of their duties, or when the social or economic impact of the offense is significant, in accordance with the criteria set forth in Article 35, paragraph 1, items (a), (b), and (c) of Law No. 97-25.
Positive aspects of the new Criminal Procedure Code
Among the most significant advances of the new Code is a clearer delineation of the functions of the Public Prosecutor’s Office and the judge, reaffirming the principle of separation of procedural functions expressly enshrined in Article 22. This redesign strengthens the judge’s role as a guarantor of rights and limits any deviation toward prosecutorial functions.
Judicial oversight is also reinforced throughout all stages of the proceedings, ensuring that judicial decisions are duly reasoned as required by Article 24, while higher technical standards are established for the collection, admission, and evaluation of evidence, in strict adherence to the principle of evidentiary legality set forth in Article 26.
This new regulatory framework seeks to reduce discretion, organize the conduct of the parties, and provide greater predictability to criminal proceedings, within a system that prioritizes procedural efficiency and respect for reasonable timeframes, in accordance with Article 8 of the Criminal Procedure Code.
Critical aspects and challenges of the new procedural regime
Despite its advances, the new Criminal Procedure Code presents significant challenges in its practical application. Increased procedural rigor and strengthened judicial guarantees may result in longer and more technically complex proceedings, with higher evidentiary burdens for the prosecution, in accordance with the presumption of innocence established in Article 14.
Likewise, restrictions on the use of alternative dispute resolution mechanisms for certain offenses, pursuant to the limits set forth in Article 35, increase litigation and heighten the personal, reputational, and financial impact of criminal proceedings for both individuals and legal entities.
The impact of the new Criminal Procedure Code on organizations and compliance
The new Criminal Procedure Code compels public and private organizations to reassess their approach to criminal risk, within a framework where criminal prosecution is governed by the principle of mandatory public action, pursuant to Article 30 of Law No. 97-25.
In this context, compliance ceases to be a merely formal practice and becomes an essential preventive tool, aimed at avoiding criminal liability, ensuring traceability of internal decisions, and responding appropriately to investigations led by the Public Prosecutor’s Office, within a criminal process characterized by greater judicial oversight and lower tolerance for structural deficiencies.
A new configuration of Dominican criminal proceedings
The new Criminal Procedure Code is not merely a legislative update; it redefines the balance between the effectiveness of criminal prosecution and the protection of fundamental rights, in accordance with the principles of human dignity, procedural equality, and the right to defense recognized in Articles 10, 12, and 18 of the Code.
Dominican criminal proceedings thus enter a new phase in which crime prevention, proper documentation of actions, and the reasoning behind every decision become central elements within a more robust and specialized judicial system, aligned with international cooperation mechanisms, pursuant to the framework of jurisdiction and competence established in Article 57 et seq. of Law No. 97-25.
At Alburquerque Abogados Consultores, we understand that the proper understanding and application of the new Criminal Procedure Code is essential to operate with legal certainty in the current environment. This new legal framework requires anticipation, specialized legal counsel, and a strategic vision of criminal proceedings, conceived not only as a litigation arena but also as a space where prevention and effective legal risk management are decisive.