Bar Association and ADP prepare to challenge points of the new Penal Code
The president of the Bar Association of the Dominican Republic (CARD), Trajano Vidal Potentini, announced that the entity will provide its legal support to the Dominican Association of Teachers (ADP) to file an unconstitutionality action against various provisions of the new Penal Code. According to the union, certain articles could infringe upon teaching practice and create situations of legal insecurity in educational centers.
Potentini stated that the guild has conducted an exhaustive analysis of the legislative piece, concluding that some of its regulations could hinder the natural development of education. The jurist questioned the decision to include specific behaviors within the school environment that, in his view, should have been addressed from a general perspective.
It has been criminalized in many ways, because issues that should not have been, but rather have had a general treatment, have been specified and taken into the educational sphere unnecessarily.
Trajano Vidal Potentini, president of the CARD
Concern about legal ambiguity
One of the critical points highlighted by the president of the CARD is the existence of open criminal types. This characteristic, he warns, would allow for subjective interpretations that could lead to unnecessary judicial proceedings against teachers for situations inherent to their professional performance.
- State responsibilities: Potentini warns that the Code shifts obligations to teachers that, by nature, belong to the State.
- Risks for the teaching profession: The breadth of the regulatory wording exposes educators to being criminally prosecuted for misinterpreted gestures or actions.
- Need for balance: The union leader maintains that, while student protection is a priority, there must be a guarantee for those who perform teaching work.
Towards the Constitutional Court
The Bar Association has emphasized that the impact of this reform transcends the teaching sector, affecting Dominican society as a whole. Therefore, they urge that the Constitutional Court be the body in charge of resolving the controversies raised.
Currently, the CARD and the ADP are working on structuring the files that will support the appeal of unconstitutionality. This initiative adds to the legal actions that the Bar Association has previously undertaken against other specific articles of the regulation, such as article 310, in its quest to ensure fair, clear, and balanced criminal legislation for all sectors of the country.
