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Analysis of Law 590-16, Organic Law of the National Police

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On Friday, July 15th, year and we will announce 2016, the The ability to Executive of Republic Dominican Republic, promulgated the new Act organic of the Police National, marked with the number 590-16, which has 176 articles with whose instrument legal la society Dominican Republic intends, according to its considerations, to organize the Police National, updating for the ideal application of the Politics Criminal. The Council Police Superior is now going to estar composed of 8 members, including the Minister of Interior and Police and the Attorney General of the Republic, as nominated by the article 15 of the Act. The leader of the Police National Now you get the name of General Director of the Police National, as seen here to articles 22 and 23 of the Act approved. In the second provision final institutes that the Act will enter validity quickly after his promulgation y as seen here to the approaches of the Code Civil lawthat is, any to date after his promulgation in the District National and around 3 days later in the interior provinces, which means that no later than Tuesday, July 19, year and we will announce 2016 to Act will estar en validity along territorio, that is, there is a totally new one Act organic and institutional of Police National. The article 168 established the guard of due proceedings de Act and protection for members of the Police National who are to be tried for disciplinary matters in the jurisdiction police created by the article 147 of that Act. The article 86 established exactly that promotions for Better Officers In general, will be carried out according to the necesidad police, but at the same time set a limit Most which cannot exceed 20 Generally active.

El article 55 of the approved Act 590-16 established a scale of situations and conditions on the use of the force by police officers, who from the perspective legal It contradicts itself, since in numerals 1 and 2 of the commented article circumscribes the police action of use de force to special situations, however in numeral 3 it opens a kind of space to justify the aggression and contradicts the article 5 which refers to the police task. The article 14 of the Act approved has a weakness or error quite notorious, since when referring to the primary principles of action, it first has relationship with the defense of the whole and then to the fulfillment I need the Constitution, which could not be otherwise thing That any error, since all defense of totality arises from constitutional respect, for this reason reason numeral 2 of the article 14 should have estar located in numeral 1 and this parallel in number 2, which means that Dominican legislators are only attracted to passing laws, but they are unaware of the order hierarchical thereof.

We have carefully observed the approach of the article 5 of the Act 590-16 promulgated on July 15, 2016, in numerals 1 to 3, which establishes among the tasks of the Police National, is to defend the Life and the totality, the independent transit, the exercise independent of the derechos civilians and that is essential, but he is concerned about the fact that Article 147 has made a jurisdiction police and that refers to the judgment of police infractions, more than anything that creates a Confusion, that when there is duda on the characteristic of a infringement It will be up to the ordinary criminal courts decide on the same. We understand that the construction of should have been avoided Confusion, establishing that the behavior of the police is based on the commission de lack disciplinary and that all infringement that has characteristic penal must have been successful in the jurisdiction penal, since it opens the door to the Confusion It would open the door for the impunity.

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