Carlos Felipe B.Managing partner and founder
Believe it or not, Dominican law punishes clumsiness , recklessness , inadvertence, negligence , and disregard for the law. This is because even if a person acts without the slightest intention , it can cause serious harm to another, making them responsible and liable for the damages.
These acts, without intention or any kind of bad faith on the part of the person, may be carried out due to clumsiness, recklessness, inadvertence, negligence or non-observance.
The Spanish dictionary defines clumsiness as: An action or statement that is untimely or inappropriate.
Recklessness is a bit more complex to explain. It refers to a lack of prudence or caution in one's actions . Recklessness also refers to the failure to exercise due diligence (omission ) ; and it is also considered a lack of warning or foresight in something. A person who acts recklessly fails to take the necessary safety measures to prevent harm they may cause to others. In criminal law, besides the civil consequences of such actions, which require compensation for damages caused by the reckless act, this conduct is also a punishable offense. As mentioned, recklessness lacks intent, but it can still result in consequences that are defined as crimes under criminal law.
Inadvertence is defined as the act of not noticing or neglecting something due to a lack of attention or preparedness to notice or perceive it. In criminal matters, this is combined with a lack of skill and a lack of foresight on the part of the perpetrator.
Negligence means carelessness in one's duties or responsibilities. It is also used to refer to a lack of concern or interest (application) in what one is doing. This term is most commonly used in criminal matters when the perpetrator fails to take due precautions, whether in unusual or ordinary actions.
To refer to non-compliance with regulations, we must be clear that a regulation encompasses all general provisions issued by the competent authority in the relevant field. Now, there are two situations in which an agent acts in non-compliance with the law. First, when the person is unaware of the existence of the law; and second, when, despite being aware of the law, they violate it. This latter case is closely linked to negligence, recklessness, or incompetence.
In Dominican law, the Penal Code punishes involuntary manslaughter even if the act is mitigated by the aforementioned factors. This is the case under Article 319 of the Code, which states that even if there is clumsiness, recklessness, inadvertence, negligence, or failure to comply with regulations, if the perpetrator commits involuntary manslaughter, they will still be punished with correctional imprisonment of three months to two years, and a fine to be determined by the judge. If these acts only result in blows and injuries, the imprisonment will be from six days to two months, and the fine will be determined by the judge.
In Santo Domingo, Dominican Republic, we have the most comprehensive and effective team of lawyers to advise you on matters of Civil Procedure and Common Law. Here at Carlos Felipe Law Firm SRL , we evaluate your case free of charge and without obligation. Call us at 829-256-6865 or write to us at info@fc-abogados.com . You can also chat with us here.