Act No. 50-88
On Drugs and Controlled Substances
EN NAME OF THE REPUBLIC
CONSIDERING: That the Article 5 of the Constitution Dominican Republic establishes that the territorio of the Republic Dominican Republic is made up of the part eastern part of the island of Santo Domingo and its adjacent islands, and its land limits are set by the Treaty Border of 1929 and its Dance de Demo reel from 1936; being also part of the territorio national, the Mar territorial, the corresponding underwater soil and subsoil, as well as the airspace above them;
CONSIDERING: The Act No. 168, of when and where May 12, 1975, which regulates the import, manufacturing, sale, distribution and use of narcotic drugs is ineffective at the present time as instrument legal all with prevent and to suppress the illicit trafficking and consumption of dangerous drugs, to control them and the substances essential for their manufacture, as well as to rehabilitate users of such drugs;
CONSIDERING: That the magnitude of the problem of traffic and consumption illicit drug trafficking currently reaches dramatic and alarming proportions, and our country It is used as a bridge international ;
CONSIDERING: The necesidad that the basic and essential chemical products on which the system is based are categorized and codified development international of traffic and consumption illicit of drugs and psychotropic substances, in relationship with the levels of danger resulting from their use and frequent destination and taking into account account that not all drugs that require control legislativo are narcotics;
CONSIDERING: That the large sums of money who are involved in the illicit trafficking and consumption of dangerous drugs, supported by carefully organized advertising campaigns, they carry out an open, unhealthy and negative influence to the part healthy from the society, mainly to youth, which is factor essential for the development of peoples;
CONSIDERING: It is essential to create centers controlled by the gobierno Dominican destined for the detoxification and rehabilitation of individuals considered addicts or drug dependent, based on the fact that, unlike those already existing, the necessary conditions for the establishment of more private centers dedicated to these activities in the long term Plazo;
CONSIDERING: The urgent one necesidad that the capabilities and resources available for the execution of activities, programs and projects of the different institutions that fight against drug abuse, for the implementation of a strategy and campaign national against the consumption and trafficking of drugs and controlled substances in the Republic Dominican;
CONSIDERING: It is alarming the number of foreigners who are caught in traffic, possession, consumption and use illegal trafficking of dangerous drugs, in violation to the customs and traditions of our town, to the current one Act No. 168, as well as the Act No. 95, on Immigration;
CONSIDERING: That in the current Act No. 168 does not classify or subsequently enumerate drug-related crimes, nor are the penal and pecuniary sanctions to be imposed on sponsors, traffickers, intermediaries, distributors, or sellers, as well as on users, clearly defined;
CONSIDERING: That the term "narcotic drugs", as stated in the Act No. 168, valid, it is very confusing, simple and limiting, and that any classification of prohibited conduct of the done illicit It must be concrete, precise, broad, intelligible and, above all, clear;
VISTA la Act No. 168, of when and where May 12, 1975, which regulates the Import, Manufacturing, Venta, Distribution and Use of Narcotic Drugs;
VIEWS the Laws, Regulations and Decrees on Drugs, prior to the Act No. 168, of 1975;
VISTA la Act No. 95, on Immigration, 1939.
VISTA la Act No. 573, of when and where April 16, 1977, about Mar Territorial, Adjacent, Profitability Exclusive and Continental Shelf;
VIEWS Laws Nos. 5439 of 1915, and its amendments, on Freedom Provisional Low Bond, The Act No. 164 of 1980, on Freedom Conditional, and the Act No. 223, on the Forgiveness Conditional of the Penalty;
VISAS Articles 1, 2, 3, 6, 7, 11, 18, 21, 23, 39, 40, 56, 57, 58 and 59 of the Code Criminal law Dominican and Articles 32 to 43 of the Code de Procedure Criminal.
HAS DICTATED THE FOLLOWING LAW:
CHAPTER I
TITLE AND DEFINITIONS
Art 1.- This Act will be referred to as Act on Drugs and Controlled Substances of the Republic Dominican.
Art 2.- The words and phrases defined in this article shall have the meaning expressed below, unless the text of the Act another meaning emerges.
SECTION I.- Addiction. It means a standard of conduct by the use substance abuse, characterized by overwhelming affection for the use of the drug, the necesidad to achieve it and a strong tendency to relapse after its suppression.
SECTION II.- Addict or Drug-Dependent. But person who habitually uses a narcotic or dangerous substance, with risk to endanger their moral, health, safety and well-being, who has acquired the addiction or dependence losing self-control over that habit, thus constituting a threat for society.
SECTION III.- Administer. In the case of medications, supply, apply, give or make them take them. This is understood as the direct application to the individual of a controlled substance or under the influence of alcohol. regime de prohibition legal, whether by injection, inhalation, ingestion or any other means of entry into the body.
SECTION IV.- Poppy Opium poppy. Plant of the species Papaver Somniferum L., except for its seeds.
SECTION V.- Marketing. Marketing is understood as illegal commercial transactions, sale, delivery, reception, hospitalization and exporting of narcotics and controlled substances, under regime de prohibition legal.
SECTION VI.- Illegitimate Marketing. It is when the sujeto asset, being authorized to market or transport controlled substances, gives them use legitimate.
SECTION VII.- Illicit Marketing. It is when the sujeto asset no authorization due to market or transport controlled substances that are under the regime legal of the prohibition.
SECTION VIII.- Consumption. Consumption is understood as use sporadic, periodic or permanent use of controlled substances that are under the regime legal of the prohibition, and which entail the danger of dependence.
CHAPTER IX.- Control. It means including a drug or substance or immediate precursor, in a category, remove it from it or change it category, in accordance with the Chapter II of this Act.
SECTION X.- Cultivation. It is the activity aimed at the development of a plantation, in the terms described in section 2.33.
SECTION XI.- Dependence Physics. Specific and characteristic syndrome of physical symptoms, caused by the suspension drug withdrawal syndrome).
CHAPTER XII.- Dependence Psychological. It means that there is a compulsion to continue using a drug despite adverse consequences.
SECTION XIII.- Dispense. It is the delivery of a controlled substance by order or medical prescription.
SECTION XIV.- Dispenser. It is the doctor, dentist, veterinarian or pharmacist who delivery the controlled substance.
SECTION XV.- Distributor. It is the person who distributes a controlled substance.
SECTION XVI.- Distribute. Means to deliver a controlled substance, other than by means of administration or dispensing.
SECTION XVII.- Drug. It is a substance simple or composed of origin natural or synthetic, which, upon entering the body, can modify the health of human beings and is used in the preparation of medicines, diagnostic means, etc. Drug substance or preparation of effect stimulant, depressant or narcotic.
SECTION XVIII.- Hallucinogenic Drugs. The drugs that belong to this group Are characterized by produce hallucinations in consumers. Although this is not the only one your property, is displayed as its effect most prominent and dominant in the body of consumers. Among the hallucinogenic drugs of Most useThe following stand out: Lysergic Acid Diethylamide (LSD-25), Peyote, Mescaline and others like it.
SECTION XIX.- Depressant or Stimulant Drugs. Any drug containing any amount of barbituric acid or any of its salts, any derivative of barbituric acid determined to be habit-forming; any drug containing any amount of amphetamines or any of their optical isomers; any salt of amphetamine or any salt of an optical isomer of amphetamine, lysergic acid diethylamide. They have potential for abuse, due to their effect depressing or stimulating in the work central nervous system or its effect hallucinogen.
SECTION XX.- Narcotic Drugs. Means any of the following substances, whether produced directly or indirectly by extraction from substances of plant origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: a) Opium, coca leaves and opiates. b) Any compound, product, salt, derivatives or preparation of opium, coca leaves or opiates. c) Any substance and any compound, product, salt, derivative or preparation thereof, which is chemically identical to any of the substances mentioned in sections a) and b) of this section, with the exception that the words "Narcotic Drugs" do not include decocainized coca leaves, nor extracts of coca leaves, if said extracts do not contain cocaine or ecgonine.
SECTION XXI.- Deliver. Delivering is considered to be the supply, transfer or dispensation of controlled substances or those under the regime legal of the prohibition.
SECTION XXII.- Delivery o Supply. It is the transfer or provision between people of a controlled substance, whether or not it exists relationship legal for such act.
SECTION XXIII.- Manufacturing. It is the proceedings of preparation, elaboration, manufacture, composition, conversion o indictment of controlled substances or those under the regime legal of the prohibition, either directly or indirectly by means of chemical synthesis, or by the combination of extraction and chemical synthesis.
SECTION XXIV.- Maker. Human that manufactures a drug or other substance.
SECTION XXV.- Hallucinogenic Groups: Lysergic Acid Diethylamide (LSD-25), Peyote, Mescaline, Psilocybin, Psilocin, DMT (Dimethyltryptamine), DET (Diethyltryptamine), MDA (Methylenedioxyamphetamine), STP (Dimethoxymethamphetamine), and THC (Tetrahydrocannabinol) and others like it.
SECTION XXVI.- Exciting or Stimulant Groups. Cocaine and its derivatives (Cocaine and Cocaine Hydrochloride), Amphetamines, Benzedrine, Dexedrine, and others like them.
SECTION XXVII.- Hypnotic and Barbiturate Groups. This group it lacks interest in drug-driven marketing. The most commonly used hypnotic sedatives belong to the group of barbiturates.
SECTION XXVIII.- Opiate Groups: Morphine, Heroin, Codeine, Papaverine and other similar groups in which opium is involved, such as Paregoric Elixir and Laudanum Tincture.
SECTION XXIX.- Marijuana. Means all parts of the Cannabis Sativa L. plant, whether in proceedings whether or not growing; the seeds thereof, the resin extracted from any part of said plant, and all compound, product, salt, derivative, mixture or preparation of such plant, its seeds or its resin, but shall not include the mature stems of such plant, nor the fibres obtained from such stems, nor the oil or paste done from the seeds of said plant, nor any other compound, product, salt, derivative, mixture or preparation of such mature stems. This plant has received various names according to the countries where it is cultivated or marketed. In North America it is called marijuana; in Peru Marihuana; in Mexico it is called Grifa, in Syria and Lebanon, Hashish, in India, Bango Gania, in Algeria, Kif, in Turkey, Habak, in our country. country, yerba, material, mafafa, marihuana, maso, clava, etc. There are about three hundred other names known for it that are widespread throughout the world.
SECTION XXX.- Opiate. Any drug or other substance capable of creating or maintaining addiction, in crafts similar to morphine, or capable of being converted into a drug that has said capacity to create or maintain addiction.
SECTION XXXI.- Poppy straw. All parts of the poppy after being harvested, except the seeds.
SECTION XXXII.- Human. Is all person physical or moral.
SECTION XXXIII.- Plantation. It is the plurality of plants in number greater than twenty (20), from which drugs can be extracted that cause dependence.
SECTION XXXIV.- Possession. Is act material containing controlled substances.
SECTION XXXV.- Possession Guilty. Tenure o possession all with use or personal and immediate consumption, contravening legal provisions that prohibit it.
SECTION XXXVI.- Possession Illegal. When the sujeto asset susceptible to commission criminal, performs a act fraudulent contrary to the prohibition expresses of the Act, tenure, guard o possession of controlled substances that are given a destination improper, or having authorization to have, makes use improper of them.
SECTION XXXVII.- Ready. All solution or mixture, in any state physical, containing one or more controlled substances, or one or more controlled substances in crafts dosed.
SECTION XXXVIII.- Immediate Precursor means any substance that is an immediate chemical intermediate used or likely to be used in the manufacture of a particular controlled substance, and the control of which is necessary to prevent, reduce or limit the manufacture of such controlled substance.
SECTION XXXIX.- Prescription o Recipe. means a order given by a doctor, dentist or veterinarian, authorized to dispense controlled substances.
CAPITE XL.- Manufacturing. It is the sowing, planting, cultivation, growth, harvesting, gathering, etc., of plants that contain controlled substances or that are under a regime de prohibition legal.
SECTION XLI.- Manufacturing Illegal. It is when the sujeto asset susceptible to commission criminal, does not have authorization due to produce or manufacture materials containing controlled substances defined and prohibited by law. legislation valid.
SECTION XLII.- Manufacturing Illegitimate. Identifies the commission criminal when the sujeto asset being authorized to produce or manufacture materials containing controlled substances, gives them a use illegitimate.
SECTION XLIII.- Controlled Substance. Means any drug, chemical substance, basic and essential, or immediate precursor, included in Schedules I, II, III, IV and V of the Chapter II of this Act.
SECTION XLIV.- Counterfeit Substance. Any controlled substance or one whose packaging or label unlawfully displays authorization, The brand of fabric, name commercial or other brand, signal, identifying number or design, or its similar, of a manufacturer, distributor or dispenser that is not the person or persons who actually manufactured, distributed or dispensed such substance and who thus falsely purports or represents to be the product of, or haber been distributed by such manufacturer, distributor or dispenser.
SECTION XLV.- Psychotropic substance. Any substance natural or synthetic, or any material natural of Categories I, II, III or IV.
SECTION XLVI.- Car Transfers & Spanish DGT (DMV/DVLA) Illicit. Is act illegal de transfer or transportation of narcotics and controlled substances, as well as previous or subsequent acts, aimed at illicit commercial transactions of delivery any title of controlled substances or those under the regime de prohibition legal.
SECTION XLVII.- Car Transfers & Spanish DGT (DMV/DVLA) International. It's the traffic illicit organized by criminal gangs that cover several countries in their criminal operations.
SECTION XLVIII.- Use-Consumption. It is known by this term, the use of controlled substances or those that are under the control of regime of the prohibition, understanding that its frequency may be sporadic, occasional, periodic, continuous or permanent, but in all /// that carries the danger of dependence and social danger table.
Art. 3.- For the purposes of this Act, controlled drug users are classified into three categories:
a) Amateurs. Amateur is the person that starts in the use from drugs, without becoming a habit.
b) Habituated. Habituated is the person who regularly abuses one or more drugs without obvious social or occupational consequences.
c) Addicts or Drug Dependents. Addict or drug addictdependent is person who is mentally and physically dependent on the drug, showing withdrawal symptoms after cessation or drastic reduction of the regularly used dose, crafts such that it endangers the moral, public health, safety or welfare, or that is so dependent of the use of drugs, who has lost self-control regarding his addiction.
Art. 4.- Those who illegally deal in controlled drugs will be classified into the following Categories:
a) Simple Possessors. The simple possession to be determined as seen here as established in this same Act, in each /// particular. b) Distributors or Sellers. Distributor or seller is person which directly performs the operación de sale al user. c) Intermediaries. Intermediary is the person which makes the contacts between the user and the distributor, or between the distributor and the dealer. d) Dealers. Dealer is the person who deals in controlled drugs in the quantities specified herein law. e) Sponsors. Sponsored by is person which finances trafficking operations illicit, intellectually directs these operations, supplies the transport equipment or has any means that facilitates the development illicit.
Art. 5.- (Modified by the Act N? 17-95, of December 17, 1995). When it comes to cocaine, the magnitude of each /// subjected to Justice It will be determined according to the following scale: a) When the quantity of the drug does not exceed one (1) gram, it will be considered simple possession, and the person or the persons prosecuted will be classified as amateurs. If the amount is Most of one (1) gram, but less of five (5) grams, the person or processed persons will be classified as distributors. If the quantity exceeds five (5) grams, the person will be considered person or persons prosecuted as traffickers. b) No one will be considered an amateur when the drug that the person carry with you for the purpose of distribution or sale, whatever its quantity, in this ///, will be considered to indicted as a distributor or seller.
Art. 6.- When it comes to marijuana, by the amount seized or wrapped in the operación, the magnitude of each will be determined ///.
a) When the quantity does not exceed 20 grams, it will be considered simple possession, and the person or the persons prosecuted will be classified as amateurs; if the amount is Most of 20 grams but less of a pound, will be classified as person or to persons as distributors; if the quantity exceeds one pound, it will be classified as person or persons prosecuted as traffickers. b) When the quantity does not exceed 5 grams, in the case of Hashish, it will be considered as simple possession, and the person or the persons prosecuted will be classified as amateurs; if the amount is Most of 5 grams but less of a quarter (1/4) pound, will be classified as person or persons processed as distributors; if the quantity exceeds one quarter (1/4) of a pound it will be classified as person or to persons prosecuted as traffickers. c) (Added by the Act No. 17-95, of December 17, 1995). It will not be considered an amateur, when the drug that the person carry with you for distribution or sale, whatever its quantity, in this ///, will be considered to indicted as a distributor or seller.
Art. 7.- When it comes to LSD or any other hallucinogenic substance, as well as opium and its derivatives, in whatever quantity, it will be classified as person or persons prosecuted as traffickers.
CHAPTER II
CATEGORIES OF CONTROLLED DRUGS
Art. 8.- They are established from this article, five Categories of controlled substances, to be known as Categories I, II, III, IV, and V. Such Categories will initially consist of the basic and essential chemicals, as well as immediate precursors, listed in this article and any others that are included or changed from one Category to another, in accordance with the provisions of this article. During the month December of each year and we will announce, the Secretariat of State of Public Health and Assistance Social, must publish in two (2) circulation newspapers national, for at least three (3) consecutive days, a relationship of the changes that have occurred in the Categories during the course of saying year and we will announce. In /// not haber changes, it is evident, that the Secretariat will not have the legal obligation to do such publication.
The determinations required for each Category will be as expressed below:
1) Category I.
a) The drug or other substance has a high potential for abuse. b) The drug or other substance does not have use accepted medicinal product. c) Absence of accepted safety conditions for its use under medical supervision.
2) Category II.
a) The drug or other substance has a high potential for abuse. b) The drug or other substance has use accepted medicinal, or use medicinal product accepted with severe restrictions. c) Abuse of the drug or other substance may lead to serious dependence sociological or physical.
3) Category III.
a) The drug or other substance has a potential less for abuse than that of drugs or other substances listed in Schedules I and II.
b) The drug or other substance has use accepted medicinal product. c) Abuse of the drug or other substance may lead to a dependence physical of mild or moderate character or a strong one dependence sociological.
4) Category IV.
a) The drug or other substance has a low potential for abuse compared to the drugs and other substances included in the Category III. b) The drug or other substance has use accepted medicinal product. c) Abuse of the drug or other substance may create dependence physical or dependence limited sociological compared to drugs or other substances included in the Category III.
5) Category V.
a) The drug or other substance has a low potential for abuse compared to drugs or other substances included in the Category IV. b) The drug or other substance has use accepted medicinal product. c) Abuse of the drug or other substance may create dependence physical or dependence limited sociological compared to drugs or other substances included in the Category IV.
Categories I, II, III, IV and V, unless amended, shall include the following drugs or other substances, known to any person: name official, usual or current, chemical or commercial by which they are designated.
CATEGORY I
Includes drugs with high potential for abuse and without use doctor currently accepted. They should only be used for research, use instructional or chemical analysis.
SECTION I.- Unless specifically excepted or included elsewhere Category, will be understood to be included in this Category, any of the following opiates, including their isomers, salts of their isomers, esters, and ethers, provided that the existence of such isomers, salts of their isomers, esters and ethers is possible within the corresponding chemical designation.
1. Acetylmethadol ………. 9601
2. Allylprodine ………….. 9602
3. Alfacetylmethadol….. 9603
4. Alfameprodine…….. 9604
5. Alfamethadol ………… 9605
6. Alphamethylphenyl……… 9814
7. Benzetidine …………. 9606
8. Betacetylmethadol….. 9607
9. Betameprodine…….. 9608
10. Betamethadol ………… 9609
11. Betaprodine ………… 9611
12. Clonitacene …………. 9812
13. Dextromoramide ….. 9613
14. Diampromide ………. 9615
15. Diethylthiambutene….. 9616
16. Difenoxin ………….. 9168
17. Dimenoxadol ………. 9617
18. Dimefeptanol ………. 9618
19. Dimethylthiambutene .. 9619
20. Dioxafetylbutyrate … 9621
21. Dipipanone …………. 9622
22. Ethylmethylthiambutene. 9623
23. Etonitacene …………. 9624
24. Ethoxeridine …………. 9625
25. Furetidine ……………. 9626
26. Hydroxypetidine……. 9627
27. Ketobemidone……… 9628
28. Levomoramide……… 9629
29. Levophenazylmorphan… 9631
30. Morferidine …………. 9832
31. Noracimetadol…….. 9633
32. Norlevorphanol ………. 9634
33. Normethadone ………. 9635
34. Norpipanone ……….. 9636
35. Fenaxodone ………… 9637
36. Phenanpromide ……… 9638
37. Phenomorphan …………. 9647
38. Phenoperidine ……….. 9641
39. Pyritramide ………….. 9642
40. Proheptazine ……….. 9643
41. Properidine …………. 9644
42. Propiran ……………… 9649
43. Racemoramide…….. 9645
44. Sufentanil ……………. 9740
45. Tilidine ……………….. 9750
46. Trimeperidine ……… 9646
SECTION II.- Unless specifically excepted or included elsewhere Category, will be understood to be included in this Category, any of the following opium derivatives, their salts, isomers and salts of their isomers, provided that the existence of such salts, isomers and salts of their isomers is possible within the specific chemical designation.
1. Acetorphine …………… 9319
2.Acetyldihydrocodeine. 9051
3. Benzylmorphine ……… 9052
4. Codeine Methylbromide ……………………. 9070
5. Oxido-N-Codeine … 9053
6. Cyprenorphine…………. 9054
7. Desomorphine………… 9055
8. Dihydromorphine…….. 9145
9. Drotebanol…………… 9335
10. Etorphine (except hydrochloride salt)…….. 9056
11. Heroin………………. 9200
12. Hydromorphinol……… 9301
13. Methyldesorphine ……… 9302
14.Methyldihydromorphine. 9304
15. Morphine methyl bromide …………………….. 9305
16. Morphine methylsulfonate …………………….. 9306
17. Oxide-N-morphine …. 9307
18. Mirofina ……………… 9308
19. Nicocodeine ………… 9309
20. Nicomorphine ………… 9312
21. Normorphine …………. 9313
22. Pholcodina ……………. 9314
23. Tebacon ……………… 9315
SECTION III.- Unless specifically excepted or included elsewhere Category, will be understood to be included in this Category, materials, compounds, mixtures or preparations containing any amount of the following hallucinogenic substances, their salts, isomers and salts of their isomers, provided that the existence of such salts, isomers and salts of their isomers is possible within the specific chemical designation.
1. 4-bromo-2.5 -dimethoxyamphetamine……… 7391
2. 2,5-dimethoxyamphetamine. 7396
3. 4-methoxyamphetamine……. 7411
4. 5-methoxy-3,4, methylenedioxyamphetamine…. 7401
5. 4-methyl,-2, 5, dimethoxy-amphetamine……… 7395
6. 3,4, methylenedioxy- amphetamine ……………………. 7400
7. 3, 4, 5, trimethoxy-amphetamine……………………. 7390
8. Bufotenin ………………… 7433
9. Diethyltryptamine …………. 7434
10. Dimethyltryptamine……. 7435
11. Ibogaine …………………. 7260
12. Lysergic acid diethylamide ……………………….. 7315
13. Marijuana ………………. 7360
14. Mescaline ……………….. 7381
15. Prahexil ………………….. 7374
16. Peyote …………………….. 7415
17. N-ethyl-3piperidyl benzilate ………………………. 7482
18. N-methyl-3-piperidyl benzilate ……………………… 7484
19. Psilocybin ……………… 7437
20. Psilocin …………………. 7438
21. Tetrahydrocannabinols. 7370
22. Ethylamine analogue of phencyclidine …………………… 7455
23. Pyrrolidine analogue of phencyclidine …………………… 7458
24. Thiophene analogue of phencyclidine …………………… 7470
25. Phenethylin ……………….. 1503
26. N-ethylamphetamine……… 1475
SECTION IV.- Materials, compounds, mixtures or preparations containing any quantity of the following mood depressants: work central nervous system, including their salts, isomers and salts of their isomers.
1. Mecloqualone ………… 2572 2. Methaqualone ………….. 2565
CATEGORY II
Unless specifically excepted or included elsewhere Category, any of the following substances whether produced directly or indirectly by extraction of substances of plant origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
SECTION I.- Any salt, compound, derivative or preparation of opium, excluding Apomorphine, Dextrorphan, Nalbuphine and Naltrexone and their respective salts, but including the following:
1. Raw opium ………….. 9600
2. Opium extracts …. 9610
3. Opiate liquid extracts …………………… 9620
4. Opium powder ……… 9639
5. Granulated Opium …… 9640
6. Tincture of Opium …… 9630
7. Codeine ………………. 9050
8. Ethylmorphine ………….. 9190
9. Etorphine hydrochloride …………………….. 9059
10. Hydrocodone ……….. 9193
11. Hydromorphone……… 9150
12. Metopon ……………… 9260
13. Morphine ………………. 9300
14. Oxycodone ………….. 9143
15. Oxymorphine………….. 9652
16. Tabaina……………….. 9333
17. Opium stem concentrate………………. 9670
18. Alfaprodina…………. 9010
19. Anileridine…………… 9020
20. Becitramine…………. 9800
21. Dextropropoxyphene.. 9273
22. Dihydrocodeine……. 9120
23. Diphenoxylate…………. 9170
24. Fentanyl ………………. 9801
25. Isomethadone ………… 9226
26. Levometorphan ………. 9210
27. Levorphanol ………….. 9220
28. Metasocin ………….. 9240
29. Methadone ……………. 9250
30. Methadone-intermediate, 4-cyano-2-dimethylamino-4-diphenylbutane………….4
31. Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propanocar ….. 9802
32. Meperdidine (Pethidine)………………….. 9230
33. Meperidine-intermediate-A; 4-cyano-1-methyl-4-phenylperidine……………………. 9232
34. Meperidine-intermediate-B; ethyl-4- phenylpiperidine-4-carboxylate………………… 9233
35. Meperidine-intermediate-C-1-methyl-4-phenylpiperidine-4-carboxylic acid……….. 9234
36. Phenazocine……… 9715
37. Piminodine……… 9730
38. Racemetorphan……….. 9732
39. Racemorphan………….. 9733
SECTION II.- Any material, compound, mixture or preparation containing any quantity of the following mood-stimulating substances: work central nervous
1. Amphetamine, its salts, optical isomers and salts thereof.. 1100
2. Methamphetamine, its salts, isomers and salts thereof……… 1105
3. Phenmetrazine and its salts…………………………. 1631
4. Methylphenidate…………. 1724
5. Coca leaves………… 9040
6. Cocaine…………………. 904l
7. Ecgonine……………….. 9180
SECTION III.- Any material, compound, mixture or preparation containing any quantity of the following substances with effect depressor on the work central nervous system, including its salts, isomers and their salts.
1. Amobarbital …………. 2125
2. Pentobarbital ………… 2270
3. Secobarbital …………. 2315
SECTION IV.- Any material, compound, mixture or preparation containing any quantity of these immediate precursors: amphetamine, methamphetamine and phencyclidine.
1. Phenylacetone……………………………………. 8501
2. 1-phenylcyclohexylamine…………………………. 7460
3. 1-piperidinocyclohexanecarbonitrile (PCC) ……………………………………………. 8603
Unless specifically excepted or included elsewhere Category, will be understood to be included in that Category Injectable liquids containing any amount of methamphetamine, including its salts, isomers and salts of its isomers.
CATEGORY III
SECTION I.- Any material, compound, mixture or preparation containing any quantity of the following substances with effect stimulant on the work central nervous system including its isomers, salts (whether their positions optical or geometric), and the salts of such isomers.
1. Benzphetamine ………… 1228 3. Chlorothermine …………. 1647
2. Chloropentermine…….. 1645 4. Phendimetrazine……… 1615
SECTION II.- Any material, compound, mixture or preparation containing any quantity of the following substances with effect depressor on the work central nervous
1. Chlorehexadol………….. 2510
2. Glutethimide……………. 2550
3. Lysergic acid……….. 7300
4. Lysergic acid amine…………………….. 7310
5. Methyprilon……………… 2575
6. Sulfoneethylmethane…….. 2605
7. Sulfondiethylmethane…. 2600
8. Sulfonmethane…………. 2610
9. Nalorphine……………….. 9400
10. Any substance containing derivatives of barbituric acid and its salts .. 2100
SECTION III.- Any material, compound, mixture or preparation containing any of the following narcotic drugs or their salts calculated on the anhydrous basis spirit or alkaloid in limited quantities as specified below:
1. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per single dose, with an equal amount or Most of an isoquinoline alkaloid of opium……………………………………… 9803
2. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams of a single dose, with one or more active, non-narcotic ingredients, in quantities recognized as value therapeutic ………………………………………………………………… 9804
3. Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per single dose, with four times or Most amount of an isoquinoline alkaloid of opium ……………. 9805
4. Not more than 300 milligrams of dehydrocodeinone per 100 milliliters or not more than 15 milligrams per single dose, with one or more non-narcotic active ingredients in amounts considered
therapeutic ……………………………………………………………….. 9806
5. Not more than 1.8 grams of dehydrocodeine per 100 milliliters or not more than 90 milligrams per single dose, with one or more non-narcotic active ingredients in therapeutic doses …………………………………… 9807
6. Not more than 300 milligrams of stilmorphine per 100 milliliters or not more than 15 milligrams per dose, with one or more non-narcotic active ingredients in therapeutic doses……………………………………. 9808
7. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per single dose with one or more active, non-narcotic ingredients in therapeutic doses…9809
8. Not more than 50 milligrams of morphine per 100 milliliters or per 00 grams, with one or more non-narcotic active ingredients in therapeutic doses ……………………………………………………………….. 9810
CATEGORY IV
SECTION I.- Any material, compound, mixture or preparation containing any quantity of the following substances, including their salts, isomers and their salts.
1. Alprazolam………….. 2882
2. Barbital……………….. 2145
3. Chloral betane……. 2460
4. Chloral hydrate…… 2465
5. Chlorodiazepoxide…. 2744
6. Clonazepam…………. 2737
7. Clorazepate …………. 2768
8. Diazepam ……………. 2765
9. Ethchlorovinol ………… 2540
10. Etinamate …………… 2545
11. Flurazepam …………. 2767
12. Halazepam ………….. 2762
13. Lorazepam………….. 2885
14. Mebutamate ………… 2800
15. Meprobamate ……… 2820
16. Methohexital …………. 2264
17. Methylphenobarbital (mephobarbital) ………….. 2250
18. Oxazepam …………… 2835
19. Paraldehyde …………. 2585
20. Petrichloral …………… 2591
21. Phenobarbital………… 2285
22. Prazepam ……………. 2764
23. Temazepam ………… 2925
24. Triasolam …………… 2887
25. Fenfluramine ………. 1670
SECTION II.- Any material, compound, mixture or preparation containing any quantity of the following stimulant substances:
1. Diethylpropion………….. 1610
2. Macindol……………….. 1605
3. Pemoline (including organometallic complexes and chelates) …………………… 1530
4. Phentermine……………….. 1640
5. Pipradol…………………. 1750
6. SPA (1-dimethylamino-1,2,diphenylethane)……….. 1635
7. Pentasocin in any quantity including its salts ………………………… 9709
CATEGORY V
SECTION I.- Any material, compound, mixture or preparation, containing any of the following drugs or their salts, in limited quantities as specified below, which include one or more non-narcotic medicinal active ingredients, in quantities sufficient to confer upon the compound medicinal properties of value, other than those possessed by narcotic drugs alone:
1. Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. 2. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. 3. Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. 4. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per single dose. 5. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. 6. Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per single dose.
PARAGRAPH.- (Added by the Act N? 35-90, of June 7, 1990). They are considered controlled substances and therefore subject to all the legal provisions of this law, the following precursors, solvents and chemical reagents.
a) Acetylene chloride;
b) Anthranilic Acid;
c) N-Acetyl-Anthranilic Acid;
d) Ergonovine;
e) Ergotamine;
f) Phenylacetic Acid;
g) Phenyl-2-Propanone;
h) Piperidine;
1) Acetic Anhydride;
j) Acetone;
k) Ethyl Ether;
1) Benzene;
m) Toluene;
n) Hexane;
ñ) Methyl Ethyl Ketone (MEK);
o) Methyl-Isobutyl-Ketone (MIBK);
p) Methyl-Isopropyl-Ketone (MIK);
q) Di-Isopropyl-Ketone.
Art. 9.- Among all the dangerous drugs listed in the Article 8, for the purposes of this Act The following are considered to be the most dangerous: a) Opium in all its forms, all its derivatives (alkaloids, salts, preparations or synthetic substitutes). b) Heroin. c) Coca (Erythroxylon Coca). d) Cocaine, its derivatives or synthetic substitutes, or any compound in which it is used as a base. e) LSD or any other hallucinogenic substance. f) All seeds and plants of the family Cannabinaceae, and products derived from them that contain narcotic or stimulant properties (such as Cannabis Indica, Cannabis Sativa, Marijuana, and other herbs that have similar properties).
CHAPTER III
BODIES FOR IMPLEMENTATION OF THE LAW
Art. 10.- It is created under dependence of the The ability to Executive, the ADDRESS NATIONAL DRUG CONTROL. This Address National Drug Control will have as main objectives: a) To ensure the faithful fulfillment y execution of the provisions of this Act. B) To prevent and suppress consumption, distribution and trafficking illicit of drugs and controlled substances throughout the territorio national. c) The work of research and preparation for submission to the Justice of those individuals or legal entities that violate this Act of Drugs and Controlled Substances of the Republic Dominican, which operate both level national , the international . d) Control of the work Intelligence national anti-drug, to collect, analyze and disseminate strategic and operational intelligence information, in order to counteract drug trafficking activities illicit of drugs in the Republic Dominican, for which purpose it was created as a dependence of this Address National Drug Control, the JOINT INFORMATION AND COORDINATION CENTER (CICC). e) The seizure, confiscation and custody of the goods and benefits derived from traffic illicit, until it weighs on them, sentences irrevocable y final. f) The implementation of the provisions set out in this Act according to the production, manufacturing, refining, processing, extraction, preparation, distribution or any other operations of handling these controlled substances produced legally. g) Coordination and cooperation with authorities police, military and judicial, in their common efforts to improve and give cabal fulfillment to the provisions of this Act. h) Coordination and cooperation with foreign governments and institutions to reduce the availability of illicit drugs in the Republic Dominican Republic and the Caribbean Area, developed within the context of the International Conventions and Treaties signed and ratified by the Republic Dominican. i) Be a contact and representative before INTERPOL, as well as before any other body international , in terms of control programs international of drugs and controlled substances.
Art. 11.- La Address National Drug Control will be at cargo of a Board of Directors composed of five members, who will be appointed by the The ability to Executive.
PARAGRAPH I.- The Board of Directors will be composed of: a) A representative of the Presidency of the Republic; b) A representative by Armed forces and Police National; c) A representative of the Secretariat of State of Public Health and Assistance Social; d) A representative of the Secretariat of State of Foreign Affairs, and e) A prominent member of the Church Dominican Catholic.
PARAGRAPH II.- El President of the Republic will designate the person who will chair the Board.
PARAGRAPH III.- The decisions of the Board of Directors that correspond to the exercise of its powers, will be determined by the vote positive of four of its members.
Art. 12.- El Department of Narcotic and Dangerous Drugs of the Police National, becomes dependence of this Address National Drug Control.
PARAGRAPH.- Senior officers, junior officers and enlisted men currently serving under the dependence of the Department of Narcotic and Dangerous Drugs of the Police National, would become members of this Address National Drug Control, after the corresponding evaluation.
Art. 13.- The staff that will work in this Address National Drug Control will come from the different Departments of the Armed forces, The Police National and the Department National of Investigations, as well as any other institution public, at the discretion of the The ability to Executive.
PARAGRAPH I.- Senior officers, junior officers and enlisted men, selected after corresponding evaluation, to enter the Address National Drug Control, they must to receive training and training specialized in the field of research and drugs.
PARAGRAPH II.- For these purposes it is created by this Act and under the dependence of this Address, the DRUG CONTROL ACADEMY OF THE DOMINICAN REPUBLIC.
Art. 14.- Military, police and personnel civil of this Address National Drug Control may not enter, be transferred, replaced or cancelled, without prior authorization of the President of the Republic, En of condition of Supreme Chief of all the armed forces and the police forces, pursuant to the provisions of the article fifty-five (55) of the Constitution Dominican.
Art. 15.- (Modified by the Act N? 35-90, June 7, 1990). The president of the Address National Drug Control is authorized prior to the corresponding requirements to assign Firearms to the members of the Address National Drug Control.
Art. 16.- The members of this Address National Drug Control, military, police and civilian personnel will be provided with special cards and plates that will accredit them as such.
Art. 17.- La Address National Drug Control will have right to require, for the fulfillment of its mission, the cooperation of all government agencies, when it is considered that such cooperation is necessary to achieve its objectives.
Art. 18.- The authorities military, police, civil and judicial, must lend their collaboration to strengthen the programs and operations carried out by this Address National Drug Control.
Art. 19.- It is created under dependence of the The ability to Executive el ADVISORY NATIONAL OF DRUGS, which will be made up of seven people of recognized solvency moral which will be designated by the President of the Republic. This Council National of Drugs will have as main objectives: a) Advise the The ability to Executive on the issue of drugs in the Republic Dominican. b) Check, design, develop and implement the strategy and campaign national against the consumption, distribution and trafficking of illicit drugs in the Republic Dominican Republic. c) Promote the coordination of all public and private sectors of the Republic Dominican Republic, to stop trafficking illicit from drugs to level national e international .
Art. 20.- El Council National of Drugs will have right to require, for the fulfillment of its mission, the cooperation of all government agencies, when it is considered that such cooperation is necessary to achieve its objectives.
CHAPTER IV
PROHIBITIONS AND CONTROL
Art. 21.- It is prohibited throughout the territorio national, sowing, cultivation, production, collection, harvesting and exploitation of plants of the genus Papaver somniferum L. (poppy straw, poppy), and its variety "album" (Papaveraceae), coca (Erythroxylon coca) and its varieties (Erythroxyláceas), hemp (Cannabis sativa L.) and its varieties "indica", "movacae", "marihuana" and other plants and part of plants that contain principles considered to be narcotics and controlled substances.
Art. 22.- Which gives prohibited production, manufacturing, extraction, synthesis, processing and fractionation of narcotics and controlled substances, listed in the Category I of the Article 8 of this document Act.
Art. 23.- The extraction, purification, crystallization, recrystallization and partial or complete synthesis of narcotics and other drugs subject to the regime of the audit, except for the exceptions indicated herein Act.
Art. 24.- The Secretariat of State of Public Health and Assistance Social, through its department corresponding, in coordination with the Address National The Drug Control Agency, which will be responsible for carrying out the corresponding investigations and purifications, may, depending on the case, authorize scientific institutions, public or private, of higher education or research, those activities that are generally prohibited in Articles 21, 22 and 23 of this Act. These institutions will be subject to the periodic control of said secretariat and steer axle truck.
Art. 25.- Pharmaceutical establishments and health organizations that manufacture drugs and medicines that produce dependence physical or sociological, or both at the same time, will be subject to inspection and mass surveillance of the Address National Drug Control, as well as the Secretariat of State of Public Health and Assistance Social.
PARAGRAPH.- La production, manufacturing, refining, processing, extraction and preparation or any other operations of handling these substances, or their preparations, referred to in this Act, will be subject to the regime de authorization and supervision of the Address National Drug Control, as well as the Secretariat of State of Public Health and Assistance Social.
Art. 26.- The laboratories that contemplate produce, manufacture, extract, prepare, transform or refine narcotic or controlled substances listed in Categories II, III and IV, intended for the production of pharmaceutical products, must apply for written to Address National Drug Control, for the proper research and debugging, the authorization corresponding, having to make known the quantity, content and nature of what their productions will be.
Art. 27.- The manufacture, refining, transformation, extraction, preparation, production and any other similar activities of the substances referred to in this law, its derivatives, salts, preparations and pharmaceutical specialties, are strictly limited to the quantities necessary for the treatment doctor, The production legal of medicines or scientific research, and only people legally authorized may intervene in everything related to them. It is declared illicit any other use given to said substances.
Art. 28.- None person will be able to maintain in its power, whether in their clothes or suitcases, or even in their customer's home, office of work or other place, under its order o responsibility, without authorization legal, any quantity of the narcotics and controlled substances mentioned in the Category I.
Art. 29.- All actions related to illicit commercial transactions of controlled substances are included in the concept of "trafficking". illicit». The figure also includes illegitimate actions that are carried out in violation of the prohibition de to import and market basic and essential chemical substances, as well as immediate precursors, which for the effect they need license expresses the Secretariat of State of Public Health and Assistance Social, as well as the prohibition to split, market, to import y to export narcotics and controlled substances.
PARAGRAPH I.- The Secretariat of State of Public Health and Assistance Social, is the only one empowered to give license for acquisition, import, exporting and marketing of narcotics and controlled substances, which for use doctor They may only be sold with a medical prescription, issued on a form official, designed by Address National Drug Control. The prohibition It reaches medical samples, which are subject to record.
PARAGRAPH II.- Which gives strictly prohibited import o exporting of the pure substances or those contained in pharmaceutical specialties referred to in this law, in parcels, postal packages, correspondence, etc., addressed to customs warehouses, authorized warehouses, general warehouses of deposits, free zones or free ports. Violations of the provisions of this article will be sanctioned with confiscation and will proceed according to the provisions of this law.
Art. 30.- The Secretariat of State of Public Health and Assistance Social, in coordination with the Address National Drug Control, which will carry out the research and corresponding purification, will authorize the acquisition limited to narcotics and controlled substances listed in the Category I, to scientific institutions, official or private, or higher education or research; they should report periodically the results of research studies, as well as the crafts and quantities used.
Art. 31.- Medicines containing controlled substances listed in Categories II, III and IV will be sold to the public in pharmacies or establishments trade authorized, only by medical prescription on forms designed by the Address National Drug Control, sold at the Internal Revenue offices located in the Secretariat of State of Public Health and Assistance Social.
Art. 32.- Free medical samples containing controlled substances will be subject to their record in the Secretariat of State of Public Health and Assistance Social, for its entry, distribution or exit from the country.
Art. 33.- Basic and essential chemical substances, as well as immediate precursors, inputs, factories, laboratories, stills, implements and equipment used in the production of these substances, will be confiscated and seized. production and illicit drug manufacturing. Crops will be destroyed. Crop land will also be seized and confiscated. The money employee or obtained in the commission of the crime of traffic illicit.
Art. 34.- The goods furniture and real estate, equipment and other objects where it is proven that they are illegally stored, kept, manufactured, produced, sold or supplied to any person title, heroin, cocaine, marijuana or any other drug classified by this Act as dangerous, as are vehicles and other means of transport, including aircraft, maritime vessels, as well as cattle, used for transport. commission of the crime of traffic illicit, the same as money and effects originating from such activities will be confiscated and seized, and made available to provision of the State Dominican.
Art. 35.- The goods subject to special seizure as body of the crime, without being limited to the enumeration, would be among: a) The goods estate, including anything that grows on the land, has been incorporated into it, or is found in it. b) The goods furniture, tangible and intangible, including derechos, privileges, interests, actions and values. c) All the derechos real on the goods described, at the time the offense is committed act which gives rise to seizure, pursuant to the provisions of this Act. Any of those goods to be subsequently transmitted to person other than the accused, may be object of a sentences special seizure in benefit of the State, unless the purchaser proves before the competent courts that he acquired it from good faith, title onerous, and that at the time of purchase did not have any reason valid to believe that said goods were product of traffic illicit of controlled drugs. d) Any means of transport, including aircraft, ships, vehicles, animals, etc., that are used or intended to transport or facilitate in any way crafts transportation, sale, receipt, possession o concealment of the your property. e) All books, records, studies and research, including formulas, microfilms, recording tapes, computer diskettes, etc., as well as information that is used or planned to be used in violation of this Act.
PARAGRAPH I. La your property seized or retained in accordance with this Act, will not be recoverable, but will be considered under the custody of the State, through its competent bodies, and subject to the orders and judgments of the courts.
PARAGRAPH II.- The goods seized and impounded, described in Articles 33, 34 and 35, on which there is a sentences irrevocable of seizure to name of the State Dominican, will be administered and when deemed necessary, distributed or auctioned by the Commission National of Drugs, except for any other provision of the The ability to Executive.
Art. 36.- Any act is prohibited type de publication, advertising, propaganda or programs through the media, which contain subliminal, auditory, printed or audiovisual stimuli and messages that tend to promote consumption and trafficking illicit of drugs and controlled substances.
Art. 37.- They are considered inputs for the manufacture of hazardous substances, so it is recommended that special attention be paid to them and priority by part by authorities, the following basic and essential chemical substances: a) Anthranilic acid and N-acetylanthranilic acid, used to manufacture methaqualone. b) Phenyl-2-propanone and phenylacetic acid, used to manufacture amphetamine and methamphetamine. c) Piperidine, used to manufacture phencyclidine (PCP). d) Ergot alkaloids, Ergotamine and Ergonovine, used to manufacture lysergic acid diethylamide (LSD). e) Acetone, used in the extraction, synthesis and production of heroin and cocaine. f) Ethyl ether, used in the synthesis of heroin and cocaine, acetic anhydride, used to manufacture heroin. g) Acetyl chloride, used to manufacture heroin.
Art. 38.- Two Categories of Certificates of Registration of Controlled Drugs are established:
Class A.- Certificates to have the right de prescribe or administer controlled drugs, for physicians, dentists or veterinarians, legally authorized by the Secretariat of State of Public Health and Assistance Social, for those who use will required, those who will have a duration three (3) years from the date of when and where of their expedition, and must be renewed upon term This period.
Class B.- Certificates for the import, exporting , manufacturing or trade of controlled drugs, which will have a duration of one (1) year and we will announce from when and where of their expedition, and must be renewed upon term This period.
Art. 39.- Controlled Drug Registration Certificates, designed by the Address National Drug Control, will pay a right next's way:
Those of class A, they will pay a right of one hundred and fifty pesos (RD$150.00).
Those of class B, they will pay a right of five hundred pesos (RD$500.00).
Art. 40.- To to import o to export any controlled substance, its preparations or pharmaceutical specialties that contain them, a Certificate of inscription Class B. Manufacturers, importers, exporters, distributors and sellers of inputs for the manufacture of controlled substances must provide themselves with a Certificate of this class under the conditions specified by this Act.
Art. 41.- Importers or exporters of pharmaceutical specialties or any basic and essential chemical substance, as well as immediate precursors, as well as the inputs referred to in the Article 8 of this Act, will request for written al department corresponding to the Secretariat of State of Public Health and Assistance Social, a permission special that will be extended in forms designed by the Address National Drug Control, printed specifically for this purpose.
PARAGRAPH.- These forms must be made in quintuplicate, which will be distributed, one to the importer or exporter so that he can send it to the property exporter or importer, another to the office in charge of the control of controlled drugs in the country exporter or importer, another will be sent to the Customs Collector, another for the archive of the Secretariat of State of Public Health and Assistance Social, and the other for the archive of the Address National Drug Control.
Art. 42.- Permits of import o exporting of controlled drugs or pharmaceutical specialties that contain them, as well as their inputs, will have validity for period ninety (90) days from the date of when and where in which they are issued.
Art. 43.- The Secretariat of State of Public Health and Assistance Social will suspend the Registration Certificates indicated in the Article 38 of this document Act, to someone person physical or moral that is accused of violation of the present Act, until the intervention of the sentences irrevocable .
Art. 44.- When any game of imported controlled substances does not arrive within the Plazo granted in the permission, the interested party will notify the Secretariat of State of Public Health and Assistance Social, in order to obtain a new permission.
Art. 45.- (Modified by the Act (No. 35-90, of June 7, 1990). Controlled substances in general may not be introduced into the countrybut for the Port from Haina, the Port from Santo Domingo, or the Airport International of the Americas, and its use y trade will be rigorously sujeto to the provisions and prohibitions established herein Act.
PARAGRAPH.- The authorities Customs will be responsible for to receive basic and essential chemical substances, as well as immediate precursors, as well as the inputs specified in the Article 8 of this Act, corresponding to the Address National Drug Control, verify its quantity, authenticity y legality.
Art. 46.- La Aduana of Santo Domingo, will deliver to the Secretariat of State of Public Health and Assistance Social, and against receipt of this, whose duplicate The interested importer will be given all imported controlled substances and the inputs referred to in the Article 8 of this Act, these being stored in the deposits designated by the Secretariat for this purpose. This delivery It will be made after the importer has paid the corresponding taxes, and in the person of the official o employee of said secretariat specially authorized by written to receive it and take it to the indicated warehouses, in accordance with the provisions of this Act.
PARAGRAPH.- The Secretariat of State of Public Health and Assistance Social will keep the drugs in its warehouses and deliver them to the interested parties, through order of these directed by written to said secretariat, the amount necessary to cover their sales or those they need to use during a period approximately thirty days, for the office of the normal services of its establishments. In the aforementioned order The names and addresses of the persons to whom the quantities of controlled substances withdrawn are destined shall be mentioned.
Art. 47.- Es required for manufacturers or sellers to keep a record of reductions in weight or volume of controlled drugs or supplies, when these are due to atmospheric actions, and communicate it by written to the Secretariat of State of Public Health and Assistance Social, as well as the Address National Drug Control, as soon as they are proven.
Art. 48.- All person o entity to dispatch one prescription a doctor, dentist or veterinarian, must keep it for a period of one (1) year and we will announce as of the when and where in which he sent her off, way that is easily inspected by the Address National Drug Control, or by any official or employee authorized by the Secretariat of State of Public Health and Assistance Social, and send a copy to bliss dependence government at least ten (10) days after sale.
Art. 49.- Doctors, dentists and veterinarians provided with the Certificate Class A, for prescribe or administer controlled drugs, they may have in their emergency kit up to two ampoules of the controlled drugs specified in Categories II, III and IV of the Article 8 of this document Act, which will be replaceable by prescription issued in favor of the person to whom it has been applied, having to send this prescription to the Secretariat of State of Public Health and Assistance Social, in a Plazo No. Most of ten (10) days.
Art. 50.- The Internal Revenue voucher books for the purchase and sale of controlled drugs, designed by the Address National Drug Control, may only be handled by persons or establishments provided with Registration Certificates Class B, and purchase orders may only be signed by the owners or managing pharmacists of the establishments in question. The company of these orders for another person other than the owner or the pharmacist regente, unless it is endorsed by a power authentic authorized and signed by the person competent, will be considered as a violation to the present Act.
Art. 51.- La Address The General of Internal Revenue will have official voucher books prepared and supplied to all Collectors of Internal Revenue for these orders, numbered in series and in triplicate, bound in books or blocks, with role in polygraph to be used between the printed original and duplicates.
PARAGRAPH I.- The blocks or books will be sold by the Internal Revenue collectors, at a price which will set the Address, and that will not exceed its printing cost, one hundred pages, at any time person duly registered, in accordance with the provisions of this Act.
PARAGRAPH II.- La Address General Internal Revenue Service, with the approval of the Secretariat of State of finance, will prepare and supply all the model forms designed by the Address National Drug Control, which are required for the application of this Act.
Art. 52.- La production industrial, extraction, synthesis, processing, import, exporting , transportation or distribution in any crafts, trade, everything act related to the trafficking or supply of controlled drugs, their derivatives or any other product reputed as such, as well as the inputs provided for in the Article 8 of this Act, are subject to the provisions of the International Treaties and Conventions on this matter, signed and ratified by the country.
Art. 53.- It is created under the dependence of the Secretariat of State of Public Health and Assistance Social, one Commission Multi-disciplinary, which will advise the Magistrate Attorney Tax law competent, consisting of a doctor representative of said Secretariat of State, representative of the Association Dominican Medical Association (AMD), a official doctor of the Address National Drug Control, and a doctor representative of the Attorney General's Office Republic, to determine the condition of addicts or drug-dependent consumers who fall into the category of simple possessors of the controlled drugs provided for in this Act, put to provision of the Justice. Bliss Commission will have its english seat in the Capital of the Republic Dominican, but with jurisdiction national, and shall appoint subcommittees where it is possible to appoint the abovementioned officials. Where it is not possible, such subcommittee is constituted by the Attorney Tax law or with a doctor of the Secretariat of State of Public Health and Assistance Social.
PARAGRAPH: (Modified by the Act No. 17-95 of December 17, 1995).- This commission will issue its judgment and recommend to the Tribunal attorney If applicable, send to indicted to a center public or specialized in treatment for detoxification, rehabilitation and social reintegration, or subject it to action of the Justice repressive.
Art. 54.- La condition of addict or drug-dependent will be established after the Magistrate Attorney Tax law send the people put to provision of the Justice for drug use in the category of simple possessors, before la Commission Multi-disciplinary, which will have to recommend to the Tribunal attorney of the /// de violation to the present Act, the rehabilitation of the accused subjected to evaluation, and who is determined to be addicted or drug-dependent, in a center public o private, until healing, and/or submission before la Justice repressive, in /// if not.
PARAGRAPH I: (Added by the Act No. 17-95 of December 17, 1995).- The Tribunal attorney of the /// will have the power to grant him a Plazo from fifteen (15) days to the Commission Multidisciplinary to give your report on condition of the accused's addict.
PARAGRAPH II.- El period rehabilitation will be computed to the penalty that the rapist be imposed as sanction provided for by this Act, definitively freeing him from the fulfillment of this, in the /// that the healing has been complete.
PARAGRAPH III.- El Magistrate Attorney Tax law is empowered to dictate all security measures and mass surveillance of the person undergoing rehabilitation, which he or she deems appropriate.
Art. 55.- En absence from a rehabilitation center public, the Tribunal may order that the accused be placed in a center private, running in this /// spending by account of the accused, his/her relatives, or other sources.
Art. 56.- All person who has met the requirements for full rehabilitation, must submit a certificates of the institution in which he was admitted. Saying certificates will be presented to the judge in charge of the ///, which will issue sentences of discharge definitive of the accused.
PARAGRAPH.- En /// That the person hospitalized for rehabilitation purposes, does not comply with the same, at no time will it be taken into account account el tiempo who was in treatment.
Art. 57.- The Secretariat of State of Public Health and Assistance Social, through the Commission Multi-disciplinary that will operate under your dependence, will assume the responsibility of the treatment and rehabilitation of people addicted to use of the drugs that have been ordered treatment.
CHAPTER V
CRIMES AND PENALTIES
Art. 58.- They will be considered serious crimes in this Act, and therefore sanctioned with the maximum penalties and fines: a) Trafficking illicit.
b) Manufacturing, distribution or possession of material or equipment that is used or attempted to be used in the production or illicit manufacturing of drugs or controlled substances. c) The acquisition, possession, transfer or "laundering" of money or any others values, as well as profits derived from or used in trafficking illicit.
PARAGRAPH.- Traffic will be considered illicit as a crime international .
Art. 59.- Anyone who introduces controlled drugs into the territorio national or take them out of it, in traffic international destined for other countries, will be sanctioned with prison from five (5) to twenty (20) years, and with fine No. less of two hundred and fifty thousand pesos (RD$250,000.00).
PARAGRAPH I.- If as the final destination of the traffic, the agent introduces controlled drugs into the territorio national, The sanction will be thirty (30) years and fine No. less of one million pesos (RD$1,000,000.00).
PARAGRAPH II.- It will be applied law penal Dominican, to the acts committed in the extranjero, when inside the territorio national acts had been carried out aimed at their consummation, or any transactions with goods arising from such crimes related to controlled drugs.
Art. 60.- When two or more persons associate with the purpose of committing crimes provided for and sanctioned by this Act, each of them will be sanctioned for that sole done, with prison from three (3) to ten (10) years, and fine from ten thousand (RD$10,000.00) to fifty thousand pesos (RD$50,000.00).
PARAGRAPH.- To the promoters, heads or leaders of the association illegal, they will be punished with double the prison y fine provided for in this article.
Art. 61.- Anyone who uses or allocates a resource for illegal purposes establishment for consumption, sale or the supply of controlled drugs, will be punished with prison from three (3) to ten (10) years, and fine from ten thousand (RD$10,000.00) to fifty thousand pesos (RD$50,000.00), and the closing temporary of the establishment for period of two years. In /// of recidivism or if the establishment has been intended primarily or exclusively for the purposes indicated herein article, The closing of the same will be final.
PARAGRAPH.- With equal penalty de prison will be sanctioned owner, lessee, administrator o holder any title of a property or establishment that you use it or provide it to another person, knowing that he is using it or will use it, to produce, store, sell, cultivar or allow the consumption of controlled drugs in crafts illicit
Art. 62.- Those who, for illegal purposes, buy, sell or transfer, to any person title, pharmaceutical specialties controlled by this Act, will be sanctioned with prison from three (3) to ten (10) years, and fine from ten thousand (RD$10,000.00) to fifty thousand pesos (RD$50,000.00).
Art. 63.- (Deleted by the Act No. 17-95 of December 17, 1995).
Art. 64.- Those without permission of the authority competent, cultivate marijuana plantations, or more than one (1) pound of its seeds, as well as any other plant from which cocaine, heroin or any controlled drug that produces dependence, or more than a quarter (1/4) kilogram of seeds of said plants, will be considered traffickers, and therefore sanctioned with prison from five (5) to twenty (20) years, and with fine from fifty thousand (RD$50,000.00) to two hundred fifty thousand pesos (RD$250,000.00).
PARAGRAPH I.- If the number of plants referred to in this article exceed twenty (20), but without exceeding the amount of one hundred (100), the penalty will be from three (3) to ten (10) years of prison, and fine from ten thousand (RD$10,000.00) to fifty thousand pesos (RD$50,000.00).
PARAGRAPH II.- If the number of plants that are treats in this article did not exceed twenty (20), the penalty will be from two (2) to five (5) years of prison, and fine from two thousand (RD$2,000.00) to ten thousand pesos (RD$10,000.00).
Art. 65.- Those who produce, extract, purify, crystallize, recrystallize or synthesize, partially or completely, the drugs controlled in the Category I, recorded in the Article 8 of this Act, will be sanctioned with prison from five (5) to twenty (20) years, and fine from fifty thousand (RD$50,000.00) to two hundred fifty thousand pesos (RD$250,000.00).
Art. 66.- Importers, manufacturers, distributors and sellers of basic and essential chemical substances, immediate precursors, as well as authorized inputs for the manufacture of controlled substances or pharmaceutical preparations or specialties that contain them, who do not comply with the provisions of Articles 32, 40, 41, 42 and 47 of this Law. Act, will be sanctioned with the suspension by one (1) year and we will announce of its Excuse me o Certificate de Import, and fine from fifty thousand (RD$50,000.00) to ten thousand pesos (RD$100,000.00).
Art. 67.- Importing firms, manufacturers, distributors and sellers, as well as pharmacies or commercial premises authorized for the sale of controlled substances or preparations or pharmaceutical specialties that contain them, whose stocks in warehouses do not keep relationship with their inventories and records, will be sanctioned with the closing temporary by one (1) year and we will announce of its establishments and fine from fifty thousand (RD$50,000.00) to one hundred thousand pesos (RD$100,000.00).
Art. 68.- The owners, managers or employees of pharmacies or establishments trade authorized for the sale of medicines, who dispense narcotics or drugs with controlled substances, without completing the formalities provided for in Articles 31 and 48 of this Act, will be sanctioned in the following crafts: a) The owners, with the closing of its establishments by the term of six (6) months and fine from twenty-five thousand (RD$25,000.00) to fifty thousand pesos (RD$50,000.00).
b) The regents, with one (1) year and we will announce de suspension of the exercise Experience y fine of ten thousand pesos (RD$10,000.00). c) Employees with six (6) months of prison correctional, and fine of five hundred pesos (RD$500.00).
Art. 69.- Which illegally have in your power, elements that serve for the indictment of cocaine or any drug that produces dependence, such as ethyl ether, acetone, ammonia, potassium permanganate, light carbonate, sulfuric acid, thinners, solvents or other substances used for the same purpose, will be punished with prison from two (2) to five (5) years, and fine from two thousand (RD$2,000.00) to ten thousand pesos (RD$10,000.00).
Art. 70.- Doctors, dentists and veterinarians who do not comply with the provisions of Articles 31, 38 and 49 of this Act, will be sanctioned with the disqualification for exercise of their respective professions by the term of one (1) year and we will announce, and fine of five thousand pesos (RD$5,000.00).
PARAGRAPH.- El Experience disabled by infringement this Act, to continue lending the service or medical care during the period de disqualification, will be sanctioned with prison from two (2) to five (5) years, and fine from five thousand (RD$5,000.00) to ten thousand pesos (RD$10,000.00).
Art. 71.- Who after committing a crime related to controlled drugs, without haber participated in it, help to ensure profit, avoid investigations of the authority, to escape from the action of this or that fulfillment of the condemns, will be punished as accessory after the fact, with prison from two (2) to five (5) years, and fine from two thousand (RD$2,000.00) to ten thousand pesos (RD$10,000.00).
Art. 72.- He who knowingly, by himself or through an intermediary person, physical or moral, carry out commercial transactions of any kind with other persons or with commercial establishments or of any other nature type, or provide insights false for the opening of accounts or for carrying out operations of the same nature, with money from trafficking activities illicit of controlled drugs, will be punished as accessory after the fact, with prison from two (2) years to five (5) years, and fine from two thousand (RD$2,000.00) to ten thousand pesos (RD$10,000.00).
PARAGRAPH.- En /// that him accessory after the fact was one person moral, will be punished with the suspension by one (1) year and we will announce of their activities, and with fine from fifty thousand (RD$50,000.00) to one hundred thousand pesos (RD$100,000.00).
Art. 73.- Who after committing a crime traffic related illicit of controlled drugs, without haber participated in it, concealed, acquired or received money, values or objects, or any other way intervene in your acquisition, catchment u concealment, will be punished as accessory after the fact, with prison from two (2) to five (5) years, and fine from two thousand (RD$2,000.00) to ten thousand pesos (RD$10,000.00).
Art. 74.- Commercial establishments or any other type of establishment that conceal activities related to money and values from traffic illicit of controlled drugs in violation of the provisions of this Act, will be sanctioned with closure definitive e irrevocableAnd with fine from one hundred thousand (RD$100,000.00) to five hundred thousand pesos (RD$500,000.00).
Art. 75.- When it comes to simple possession, will be sanctioned person or to the persons prosecuted, with prison from six (6) months to two (2) years, and with fine from one thousand five hundred (RD$1,500.00) to two thousand five hundred pesos (RD$2,500.00).
PARAGRAPH I.- In the case of distributors or sellers, as well as intermediaries, the following will be sanctioned: person or to the persons prosecuted, with prison from three (3) to ten (10) years, and fine from ten thousand (RD$10,000.00) to fifty thousand pesos (RD$50,000.00).
PARAGRAPH II.- When it comes to traffickers, the following will be punished: person or to the persons prosecuted, with prison from five (5) to twenty (20) years, and fine No. less of the value of drugs seized or wrapped in the operación, but never less of fifty thousand pesos (RD$50,000.00).
PARAGRAPH III.- In the case of sponsors, the following will be sanctioned: person or to the persons prosecuted, with prison of thirty (30) years, and fine No. less of the value of drugs seized or wrapped in the operación, but never less of one million pesos (RD$1,000,000.00).
Art. 76.- The sums derived from fines imposed for violations of this Act, derechos of the paid Registration Certificates, as well as the product of the sales of the goods seized, will be used to finance the activities of public and private institutions legally established to develop and implement programs prevention, rehabilitation and education, against the use, abuse, consumption, distribution and trafficking illicit of drugs and controlled substances in the Republic Dominican, as well as any other institution public or private legally established for the implementation of health programs.
PARAGRAPH: (Modified by the Act No. 17-95 of December 17, 1995).- The Council National Drugs will administer and distribute the fondos as follows: a) 15% for institutions dedicated to the regeneration of drug addicts. b) 15% for the Secretariat of State of Sports, Physical Education and Recreation, for the practice of sports. c) 40% for the Address National Drug Control, to be used as seen here their needs. d) 20% for the Council National of Drugs, for prevent and educate against it use of drugs.
e) 10% for the Board of Trustees National de Custom to the Civil Fire Departments, to be distributed equitably among them.
Art. 77.- The accomplices in each ///, will be sanctioned with the penalty inmediatamente lessbut in the /// de simple possession, will be imposed on the person or to the persons prosecuted, the same penalties as to Author principal.
Art. 78.- La tenure o possession illegal of any drug controlled by this Act, will be punished with the penalties established for the simple possession, unless its quantities fall into other already established and penalized classifications.
Art. 79.- They may not be deported, repatriated or expelled from the country, foreign persons who are involved in the execution any product crime provided for in this Act, until the conclusion of the proceedings penal, and if convicted, serve the sentences imposed on them.
PARAGRAPH.- Foreigners who have completed the condemns imposed, they will be deported or expelled from the country, even if they had customer's home legally established in the territorio national, and their re-entry is prohibited.
Art 80. (Modified by the Act 17-95 of December 17, 1995).- The raids, when they are treats de violation this Act, will be made at any time hour of the to date and the night, having a order written and motivated by the Attorney Tax law o Attorney General of the Cutting corresponding or of the Attorney General of the Republic and with the presence of a representative of the Ministry Public.
Art. 81.- None person convicted of violation this Act, as well as any country extranjero, or who has been declared a drug addict, may obtain license by authorities competent, for the tenure, or by possession of firearms, from the sentences final e irrevocable or from the declaration of addition. Public officials or employees to cargo to issue such licenses, they will be prevented from extending them when any of the following conditions apply: circumstances already indicated in the applicant.
Any such licenses that had been issued prior to the sentences o declaration of addition, will be immediately cancelled by the authorities competent.
Art. 82.- The Secretariat of State of Public Health and Assistance Social, through its department corresponding, will cooperate with public institutions, national or international, in everything concerning the prevention y repression of traffic illicit of controlled substances and the suppression of their abuse. To achieve this end, is authorized to: a) Take measures for the exchange of insights among government officials and employees regarding the use and abuse of controlled substances. b) Cooperate with the initiation and processing of judicial and administrative processes. c) Conduct training programs for staff cargo of doing comply la Act of Drugs and Controlled Substances. d) Develop in coordination with the Secretariat of State of Agriculture and the Address General Forestry, eradication programs aimed at removing the production wild, or illicit plant species from which controlled substances can be extracted or which cause dependence.
Art. 83.- Investigations into trafficking-related crimes illicit of controlled drugs, by part by authorities competent, may be initiated to request or in cooperation of the State in which the crimes were committed.
PARAGRAPH.- The evidence from the extranjero, relating to the research of the crimes provided for and sanctioned by this Act, will be valued according to the rules on the particular exist in the Republic Dominican, as well as those of the Law School International.
Art. 84.- The Courts of First Instance They will be competent to know how jurisdiction of first degree, of the violations to this Act.
Art. 85.- Its circumstances aggravating factors of traffic illicit of controlled drugs, and consequently will fall under the scope of Articles 56, 57 and 58 of the Code Criminal law Dominican: a) The exporting o import, production, manufacturing, distribution or sale of controlled drugs or pharmaceutical specialties, adulterated or based on adulterated substances. b) The participación of organized criminal groups. c) The done having been committed crime en band, or as an affiliate of a band intended for traffic illicit of controlled drugs. If in addition to haber committed the crime en band, the agent had promoted, organized, financed or directed it. d) The use of firearms or the violence. e) When the agent Author of the crime, would have entered the territorio national, with tricks or deception or without authorization legal, without damage of the competition of crimes that may occur. f) The use of minors for the execution of the crime, as well as people with mental disorders or habituated, as well as those who are imputable. g) The done de haber committed the crime in a property that is owned title de tutor o curator. h) When the person who commits the crime boast a cargo public, or was official or server public in charge of prevention o research any product crime, or had the must to apply penalties or to monitor their execution, or had the profession to educate or perform as such at any of the levels of education, or was Experience that exercised any profession health. i) The use of schools and universities, as well as their surroundings, up to a distance of twenty-five (25) meters from where the limits of the entity, from public or private institutions, such as prisons, barracks, offices, entities dedicated to the prevention, diagnosis, treatment and rehabilitation of drug addicts, of care, cultural, sports, recreational, holiday facilities, places where public shows or entertainment or similar activities are held, etc., as consumption or operation centres. j) Recidivism.
PARAGRAPH I.- Recidivism will be punished with the maximum penalty penalty that corresponds.- When it comes to repeat traffickers or sponsors, they will also be sanctioned in each ///, with double the penalty o fine provided for those according to the classification of the violation committed.
PARAGRAPH II themselves, without in any way /// la prison may exceed thirty (30) years.
Art. 86.- The culprits of violation to the provisions of this Act, whether individuals or corporations, will not enjoy the benefit by circumstances mitigating factors established in the Article 463 del Code Criminal law Dominican.
Art. 87.- For the purposes of this Act, the laws that establish the Freedom Provisional Low Bond, The Freedom Conditional and the Forgiveness Conditional of the Penalty.
Art. 88.- In cases where the penalties for the violation to the provisions of this Act carry prison, fine, or both penalties at the same time, the prison preventive will always be mandatory.
Art. 89.- One (1) copy of all the sentences handed down by the competent courts, in each /// de violation to the present Act, must be sent immediately to the Address National Drug Control for the corresponding statistical purposes.
Art. 90.- Hereby Act the scroll is created recognition public entitled RECOGNITION NATIONAL DE FIGHT AGAINST DRUGS, which will be able to grant el The ability to Executive at its discretion, after considering the recommendations of the competent bodies, to individuals or legal entities that actively stand out in the implementation of preventive programs and campaigns fight against drugs in benefit of the society Dominican.
Art. 91.- Donations made by individuals or legal entities for the implementation of preventive programs or campaigns fight against drugs carried out by institutions legally established for this purpose, will be considered as spending deductibles from the income net taxable as seen here to Act No. 5911 of May 22, 1962 and any other Act to modify it.
Art 92. (Modified by the Act 17-95 of December 17, 1995).- The drugs seized by violation this Act, must be destroyed, but their quality and degree of purity must be analyzed and verified beforehand.
The destruction must be carried out in the capital of the Republic, in the presence of a representative of the Ministry Public, of the Secretariat of State of Public Health and Assistance Social, of the Association Dominican doctor, from the Address National Drug Control and Council National of Drugs, with access to invitation to the press and to the public In general, rising a record which must be signed by the representatives of the aforementioned institutions, who will be given a copy of the Valid identity document.
Art. 93.- Apart from authorities mentioned herein Act, is a cargo of the Police National and Armed forces of the Nation, watch over the faithful fulfillment of its provisions.
Art. 94.- Which gives a cargo of the The ability to Executive the REGULATIONS for the viability, execution and application of this Act.
Art. 95.- The present Act repeals and replaces No. 168 of May 12, 1975, as well as any Act o provision legal that is contrary to it.
Art 96. (Added by the Act No. 35-90, of June 7, 1990).- The suspension will be execution of the sentences issued in the field of Habeas corpus, when the action is brought against it resource ordinary of the appeal or the extraordinary of the cassation, provided that it falls on any of the crimes provided for and sanctioned by the Act No. 50-88, of May 30, year and we will announce 1988.
Art 97. (Added by the Act 17-95 of December 17, 1995).- The proceedings of the crimes and offences defined in this Act will be governed, with relationship means of proof, as provided in the following articles, applying subsidiarily al Code de Procedure Criminal.
Art 98. (Added by the Act 17-95 of December 17, 1995).- The analysis of the seized substance will be carried out in the presence of a representative of the Ministry Public specialist in Chemical Analysis.
Art 99. (Added by the Act 17-95 of December 17, 1995).- He who knowingly, for omission o commission convert or transfer goods which are product a crime of traffic illicit of controlled drugs or related crimes, provided for in this Act, will be sanctioned with seclusion from two (2) to five (5) years and fine from RD$50,000.00 (Fifty Thousand Pesos with 00/100) to RD$100,000.00 (One Hundred Thousand Pesos with 00/100).
Article 100. (Added by the Act 17-95 of December 17, 1995).- All person that acquires, possesses, transfers, has or uses goods knowing that such goods have been product a crime of traffic illicit of controlled drugs or related crimes provided for in this Act, will be sanctioned with seclusion from two (2) to five (5) years and fines of RD$50,000.00 (Fifty Thousand Pesos) to RD$100,000.00 (One Hundred Thousand Pesos).
Art. 101. (Added by the Act 17-95 of December 17, 1995).- All person that knowingly concealed, covered up or prevented the determination part of the nature, origin, location, destination, movement or your property de goods or derechos relating to such goods that they have been product a crime of traffic illicit of drugs or related crimes provided for in this law, will be sanctioned with seclusion from two (2) to five (5) years and fines of RD$50,000.00 (Fifty Thousand pesos) to RD$100,000.00 (One Hundred Thousand pesos).
PARAGRAPH.- They are related crimes for the purposes of this Act the actions or activities established in Arts. 99, 100 and 101, aimed at facilitating money laundering money.
Art. 102.- (Added by the Act 17-95 of December 17, 1995).- When two or more people associate to participate in the commission of the crimes provided for or sanctioned by articles 100 and 101 of this Act, each of them will be sanctioned by this done, with seclusion from three (3) to ten (10) years and fine from RD$100,000.00 (One Hundred Thousand pesos) to RD$250,000.00 (Two Hundred Fifty Thousand pesos).
Art. 103.- (Added by the Act 17-95 of December 17, 1995).- In all cases, the attempt of the violations mentioned above will be punished as the crime same.
Art. 104.- (Added by the Act 17-95 of December 17, 1995).- Financial institutions that, with knowledge of its governing bodies or persons who have the power to direct the political and the operations thereof and deliberately violate the provisions of Articles 99, 100, 101 and 102 and any other provisions of that Act, independently of the responsibility penal that could correspond to the persons responsible for traffic crimes illicit of drugs, will be punished with fine from RD$100,000.00 (one hundred thousand gold pesos) to RD$250,000.00 (two hundred fifty thousand gold pesos). When the /// I will deserve it Tribunal competent authority will recommend to the Monetary Board, by the Superintendency of Banks, the cancellation of the license which covers the operations of the institution sanctioned. with the same penalty Employees, officers, directors and other authorized representatives who, acting as such, deliberately violate the provisions of the legal texts cited above will be personally sanctioned.
Art. 105.- (Added by the Act 17-95 of December 17, 1995).- The Tribunal attorney a /// washing will dictate at any time without notification ni The hearing previous, one order of seizure or freezing provisional, in order to preserve the availability of the goods, products or instruments related to trafficking illicit and other related crimes provided for in this Act.
PARAGRAPH I.- Financial institutions that deliver fondos by virtue of this provision, will be discharged in front of people affected by the sole delivery at authorities de fondos seized.
PARAGRAPH II.- The goods seized or impounded by the Address National Drug control will be implemented immediately, under InventoryIn the custody and care of council National of Drugs until it intervenes sentences that has acquired the authority of the thing irrevocably judged.
Art. 106.- (Added by the Act 17-95 of December 17, 1995).- All the goods, products or instruments related to a crime of traffic illicit or related crimes and if they could not be confiscated as result any product act u omission of the convicted, the Tribunal will order the confiscation of any other goods of the convicted for value equivalent or order you to pay a fine by saying value.
Art. 107.- (Added by the Act 17-95 of December 17, 1995).- The Tribunal competent authority will order the return of the goods, products or instruments to the claimant of good faith, as long as you have a interest legal legitimate and no fault can be attributed to him lack o participación directly or indirectly in a crime of traffic illicit drug or related crimes.
Art. 108.- (Added by the Act 17-95 of December 17, 1995).- The goods or instruments confiscated by sentences final e irrevocable that should not be destroyed, the Council National Drugs will have its sale in public auction awarding these to the best bidder and last auctioneer. The fondos thus obtained will be distributed as seen here as established in Paragraph of the Article 76.
Art. 109.- (Added by the Act. 17-95 of December 17, 1995).- Financial institutions will be required to provide the courts, the Address National Drug Control and security agencies State, by the Superintendency of Banks, in the shortest possible time PlazoAny insights that is required in relation to the commission of the crimes provided for in articles 99, 101, 102, 103, 104, and any others provided for in this Act.
PARAGRAPH I.- Financial institutions, of credit, the transport companies of money or remittance companies not regulated by the governing bodies of the financial sector will provide the information required by the Tribunal, The authority competent or the Address National Drug Control through the administration tax in the shortest possible time Plazo.
PARAGRAPH II.- La violation to the present article will be sentenced to the penalties and fines established in the Article 104 of this document law.
Art. 110.- (Added by the Act 17-95 of December 17, 1995).- EI Tribunal attorney will cooperate with the Tribunal competent of another State, in order to lend itself assistance mutual in cases of traffic offences illicit related within the limits of their respective legal systems and regulations right international .
Art. 111.- (Added by the Act 17-95 of December 17, 1995).- EI Tribunal competent may to receive a request for a Tribunal o authority competent of another State to identify, detect, seize or seize goods, products or instruments related to a crime of traffic illicit or related crimes and may order the necessary measures, including those indicated in this Act, provided that such request is accompanied by a order judicial or sentences issued by the authority and in accordance with the legal regulations of the Republic Dominican and the Law School International.
Art. 112.- (Added by the Act 17-95 of December 17, 1995).- The Tribunal may to receive or take appropriate action on a request from a Tribunal o authority competent of another State for benefit de assistance en relationship and a research o proceedings of character penal concerning a crime of traffic illicit or related crimes.
Art. 113.- (Added by the Act 17-95 of December 17, 1995).- The legal provisions regarding the secret o reserve bench will not be a impediment for fulfillment of the present Act when the insights be requested by the Tribunal competent through the governing bodies of the financial sector.
Art. 114.- (Added by the Act 17-95 of December 17, 1995).- He who knowingly, for himself or herself intermediary person disclose information or betray its confidentiality, with the aim of evading investigations by the authority competent regarding money laundering crimes money, will be punished with the penalty de seclusion from two (2) to five (5) years and fine from RD$10,000.00 (Ten Thousand gold pesos) to RD$50,000.00 (Fifty Thousand gold pesos).
Art. 115.- (Added by the Act 17-95 of December 17, 1995).- It will not be sujeto to seizure for purposes of confiscation, carefully furnishing or property leased or sold under sale conditional by a person physical or moral accredited in the country to be used in the commission a crime of traffic illicit of drugs, unless the authority competent to prove the existence of a link criminal between owner of the carefully and person to rent or sell it.
Art. 116.- (Transient). (Added by the Act 17-95 of December 17, 1995).- The present Act will enter validity together with the Implementing Regulation and execution arranged by the Article 94 of the Act 50-88, on Drugs and Controlled Substances of the Republic Dominican.
GIVEN in the Living Room of Sessions of the Senate, Palace of the congress National, in Santo Domingo de Guzman, District National, capital of the Republic Dominican Republic, five days after the month May of year and we will announce one thousand nine hundred and eighty-eight, year and we will announce 145? of the Independence and 125 of the Restoration.
Francisco A. Ortega Canela Juan Jose Mesa Medina Rafael Mantolio Lopez
President Ad-Hoc Secretarial Secretary
GIVEN in the Living Room of Sessions of the Camera of Deputies, Palace of Congress dome National, in Santo Domingo de Guzman, District National, Capital of the Republic Dominican Republic, twenty-four days after the month May of year and we will announce one thousand nine hundred and eighty-eight, year and we will announce 150 of the Independence and 125 of the Restoration.
Luis Jose Gonzalez Sanchez Luis E. Puello Dominguez Rafaela O. Alburquerque
President Secretary Secretary
Joaquin Balaguer
President of the Republic Dominican Republic
En exercise of the powers conferred upon me by the Article 55 of the Constitution of the Republic, I PROMULGE this Act and I order that it be published in the Gazette Official for your knowledge y fulfillment.
GIVEN in Santo Domingo de Guzmán, District National, Capital of the Republic Dominican, thirty (30) days after month May of year and we will announce one thousand nine hundred and eighty-eight, year and we will announce 145? of the Independence and 125? of the Restoration.
Joaquin Balaguer
In Republic Dominican, we have the team of professionals of right more complete and effective at the moment de assume tu defense en right penal. And Carlos Felipe Law Firm SRL We offer you a completely free and timely consultation session without any commitments. We evaluate your /// free of charge and without commitment call us at 829 256 6865 or contact us at info@fc-abogados.com.