With the favorable vote of 20 senators, the project was approved in second reading, which seeks to seize illicit assets that have been acquired through illicit acts.
The initiative was approved last Tuesday in the first reading and today it was known in the second reading, which will go to the Chamber of Deputies for its knowledge and approval.
When the vote was held, the initiative received 20 yes votes and 8 no votes from the senators of the PLD and the People’s Force.
The senator of the People’s Force, Bauta Rojas, took a turn speaking and pointed out that the bill is “riddled with inaccuracies” and that it is prepared for the National Congress to approve an “outrageous project” that would end in the Constitutional Court because it violates respect for the Constitution.
“Consequently there will be one of two, whoever promulgates it will wash his hand or the Constitutional Court will rule on it. I am sure that everyone knows the nature of this and consequently we saw the signal last Tuesday and we are waiting for the itself can be returned to the bicameral commission so that it can review not only what concerns articles 110 and 112 of the Constitution,” said Bauta Rojas.
The senator for the Hermanas Mirabal province denounced that the communication that was sent by the American Chamber of Commerce of the Dominican Republic (AMCHAMDR), was not taken into account since it stated that it should not include retroactivity.
He said that the bill has a large number of faults and “gross inaccuracies” because they touch on organic law issues and it is becoming known as an ordinary law.
Bauta Rojas’ request was put to a vote and rejected with 7 yes votes and 20 no votes.
The spokesman for the caucus of the Dominican Liberation Party (PLD), Yván Lorenzo, maintained that with the approval of this initiative, the congressmen are giving a sign that they have detachment.
“It has been heard that we all want it because the assets do not enjoy immunity, fortunately as soon as it comes into force the assets of any of us can be subject to persecution because the assets do not have immunity, the judgment that is made to the assets of both congressmen and all those who enjoy immunity,” said Lorenzo.
He indicated that it causes “pain” that the law be sanctioned as ordinary, being organic, and that what “is wanted is for it to fail once it is approved.”
Likewise, the president of the Bicameral Commission that studied the initiative, Pedro Catrain, said that during the review of the bill, 29 meetings, public hearings, and meetings were held with various organizations where opinions and recommendations were received, and he denied that they had been pressured to work and approve that regulation.
“At no time have we had, and I want to put it down, pressure of any kind. I think that this theory of comparison that some senators have makes no sense to whoever is speaking to them because I do not come from the PLD or the PRD, everyone knows about where I come from,” he said.
He stated that the issue of circumvention was intended to be included for the sole purpose of boycotting the law of Domain Extinction.
Modifications
At the request of Senator Félix Bautista, a modification was made to numeral 1 of article 5 so that instead of saying “The existence of an illegal act, which must be approved by the Public Ministry” so that it says from now on: “The existence of an illicit act which must be proven by the Public Ministry”.
This modification was approved unanimously by the senators present at the session this Thursday.
What the bill states
The purpose of the law is to regulate the process of domain extinction of illicit goods, provided for in the Constitution of the Dominican Republic and which is responsible for establishing the procedure that would make this action possible.
It is also responsible for recognizing the rights and guarantees involved and affected parties; lay down the fundamental principles for the operation of the system of administration of the assets that the law deals with.
The regulations indicate that they will be governed by the principles of autonomy, which indicates that the procedures of the domain extinction they are independent and autonomous from criminal, civil or any other judicial, administrative or arbitral process.
The domain extinction It can only be declared when the existence of illicit acts concur, which must be approved by the Public Ministry, that there is an asset of illicit origin and the absence of good faith that are provided for in the law, is what article 5 on the elements of domain extinction.
Article 6 of the law establishes the illicit acts with which the domain extinction which include the trafficking of drugs and controlled substances, any infraction related to terrorism, including its financing, the illicit trafficking of human beings, including illegal immigrants.
Also trafficking in persons, sexual exploitation of minors, child pornography, pimping, illicit trafficking in human organs, weapons, kidnapping, extortion, counterfeiting of coins, securities or titles, transactional bribery, tax crime, was pleased, smuggling among other crimes. .