Asset forfeiture in the DR: a reality that impacts business assets

Asset forfeiture: The new challenge for corporate compliance in the Dominican Republic While the Dominican business sector focuses its attention on the new Penal Code and crime prevention models, a…

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New Penal Code: key changes in penalties and corporate liability The new Penal Code arrives with profound transformations that impact both citizens and the corporate sector. This regulation modernizes the Dominican judicial system by raising maximum sentences to 40 years in prison and establishing the accumulation of sentences up to 60 years, which in practice represents a life sentence for the most serious crimes. Among the most notable novelties is the inclusion of more than 70 new criminal offenses, ranging from digital crimes, cyberbullying, and identity theft, to contract killing and pyramid schemes. The law significantly toughens sanctions against administrative corruption, autonomously classifying influence peddling and disqualifying those convicted from exercising public functions. A transcendental change is the criminal liability of companies. Organizations no longer function as a legal shield; they are now prosecutable subjects that can face millionaire fines, temporary closure, or even their definitive dissolution if a lack of control or supervision is proven. To mitigate these risks, the new legal framework imposes the mandatory implementation of regulatory compliance programs, requiring clear prevention policies, reporting channels, and rigorous corporate governance. Regarding social protection, the code reinforces the prosecution of gender-based, domestic, and sexual violence, extending statutes of limitations to protect victims. With this instrument, inspired by legislation from France, Spain, and Latin America, the country redefines the standards of justice and corporate ethics, forcing companies to adopt a culture of legality where ignorance of the acts of subordinate third parties will no longer be a valid excuse before the law.