LEY 136-03 DOMINICANA PDF

The Dominican Republic does not yet have a national strategy or policies on cyber security. The government of the Dominican Republic has actively participated in the various activities of the Council of Europe concerning the fight against cybercrime. As part of the awareness activities on cyber security in that country, the government of the Dominican Republic has conducted various awareness campaigns with other state institutions in order to inform the general population on Internet threats and risks and to provide advice on best practices related to information security. The Law on High Tech Crime includes the majority of offenses contained in the substantive law provisions of the Budapest Convention. He also pointed out that the Budapest Convention has equipped national authorities with the necessary tools to share information on an expeditious basis and it has especially enabled the identification and prosecution of cybercrime and counter organized crime.

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The Dominican Republic does not yet have a national strategy or policies on cyber security. The government of the Dominican Republic has actively participated in the various activities of the Council of Europe concerning the fight against cybercrime.

As part of the awareness activities on cyber security in that country, the government of the Dominican Republic has conducted various awareness campaigns with other state institutions in order to inform the general population on Internet threats and risks and to provide advice on best practices related to information security. The Law on High Tech Crime includes the majority of offenses contained in the substantive law provisions of the Budapest Convention.

He also pointed out that the Budapest Convention has equipped national authorities with the necessary tools to share information on an expeditious basis and it has especially enabled the identification and prosecution of cybercrime and counter organized crime.

Said representative urged Latin American countries to access the Budapest Convention and promote regional cooperation for the countering of cybercrime in the region. The Dominican Republic is among the few countries in Latin America and the Caribbean with an independent law to investigate, prosecute and punish cybercrime Law No. The offenses related to the use of information and communication technologies that are punished in the Dominican Republic under Law No. The protection of human rights and safeguards contained in the legislation of the Dominican Republic are the following:.

The following laws contain provisions relating to offenses committed through computer systems and the Internet as previously mentioned in the sections on substantive and procedural law:. First, to ensure coordination and cooperation among all national agencies of the Police, Army and the Judiciary responsible for conducting, investigating and prosecuting activities related to cybercrime.

Second, to coordinate and cooperate with other national governments, international institutions and other stakeholders in order to prevent and reduce the frequency of criminal activities at the national and international level. Third, to define policies, guidelines and directives and develop cyber security strategies and plans to be presented to the Executive branch. Fourth, to promote the adoption and implementation of international treaties and conventions related to cybercrime.

Fifth, to ensure that appropriate institutions and persons represent the government before international organizations involved in the fight against cybercrime and the fostering of cyber security. The Criminal Procedural Code of the Dominican Republic has a whole chapter on international cooperation that provides for the obligation of prosecutors and judges to provide maximum cooperation to requests from foreign authorities provided that such requests are prepared following the provisions of international treaties and the Criminal Procedure Code Art.

Furthermore, Article 32, subsections a b of Law No. The rules for conducting the extradition of accused and sentenced individuals when the accused parties are located in foreign jurisdictions and the competent court has the power to order their extradition are contained in articles Arts.

The Dominican Republic is part of the Inter-American Convention on Extradition, of the Central American Extradition Agreement of and of the Treaty on Extradition of , instruments of which mutually recognize and facilitate the criminal extradition of individuals subject to legal processes with the great majority of Latin American countries.

Likewise, the Dominican Republic has entered and ratified extradition treaties and conventions on international judicial cooperation in criminal matters with the following countries: Argentina, Brazil, Colombia, Costa Rica, United States, Spain. The powers, attributions and functions of the Judicial Police-which operates upon the request and command of the Public Prosecutor for the investigation of offenses pertaining to public enforcement actions are contained in Articles of the Code of Criminal Procedure of the Dominican Republic.

The extradition of accused parties is conducted under the provisions of Article 46 paragraph 1 of the Constitution of the Dominican Republic and the provisions on international legal assistance and extradition under Chapter IV of the Code of Criminal Procedure of the Dominican Republic, and the corresponding extradition treaty with the country where the offender is being processed.

The Supreme Court of Justice of the Dominican Republic has issued judgments and case law related to child pornography and interception of private communications. The national judgments and case law can be directly consulted in the Center for Documentation and Judicial Information of the Judicial Branch of the Dominican Republic at:.

Dominican Republic. Print Dominican Republic. Cybercrime legislation State of cybercrime legislation. Substantive law. Paragraph Second Law No. Paragraph I Law No. Paragraph II Law No. Access to an electronic, computer, telematic or telecommunications system in order to provide services that said systems do not provide to third parties without providing payment to legitimate service providers Art. Law No. Procedural law. The protection of human rights and safeguards contained in the legislation of the Dominican Republic are the following: Due process Arts.

Related laws and regulations. International cooperation Legal Framework. Competent authorities and channels.

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UPDATE: Legal Research in the Dominican Republic

See the Archive Version! It is the second largest island of the Greater Antilles after Cuba. It supports a population of The island was discovered by Christopher Columbus in , and was named Hispaniola. The Treaty of Ryswick divided the island into two distinctive cultures -- The French on the western side of the island and the Spanish on the eastern.

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