DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Criminal Reform In 2025, the country implemented a new Penal Code, which replaced a statute that had been in place since 1884. The new legislation establishes criminal liability for corporate entities and requires the implementa- tion of compliance programmes to reduce exposure to risk. There was also an update to the Criminal Pro- cedure Code, modernising some of the processes in criminal litigation. Technology As recently as 2026, additional reforms were intro- duced to relatively contemporary legislation to advance the digitalisation and modernisation of the judicial process. These reforms include the creation of digital management platforms for court files and docu- ments, the regulation of digital signatures on rulings by judges and other court officers, and the implemen- tation of geolocation for process servers and bailiffs to ensure the accurate delivery of lawsuits and other judicial communications. The Dominican Republic establishes a general limita- tion period ( prescripción ) of 20 years under the Civil Code. However, specialised legislation creates short- er limitation periods for specific types of claims, and understanding which period applies to a dispute is crucial. Specific Limitation Periods by Claim Type Tort claims are subject to a one-year limitation period from when the harm occurred. Contractual liability claims carry a two-year limitation period from the date of breach. Commercial claims generally have a five- year limitation period, reflecting the nature of com- mercial transactions. Labour claims have the shortest periods, ranging from one month to one year depend- ing on the specific type of claim. Tax matters face a three-year limitation period for assessments and dis- putes. Construction warranty claims have a relatively long period of ten years, consistent with the long-term nature of construction defects. Insurance claims must typically be brought within two years. 2. Litigation 2.1 Limitation Periods
Practical Application When multiple limitation periods could potentially apply to a single dispute, the courts look at the nature of the claim to determine which period governs. The shorter periods generally take precedence over the general 20-year period when applicable. Calculating these periods correctly from the outset is important, as allowing the limitation period to expire extinguishes the right to bring the claim entirely. 2.2 Court Structure The Dominican Republic maintains a constitutionally independent judicial system. The constitution estab- lishes a principle of double jurisdiction, allowing most cases to be appealed through an entirely new review process rather than a limited appellate examination. Structure of the General Judiciary The judicial system operates hierarchically from the Supreme Court of Justice ( Suprema Corte de Justi- cia ) at the apex, down through the Courts of Appeal, then the Courts of First Instance ( Juzgados de Primera Instancia ), and finally the Justices of the Peace ( Juzga- dos de Paz ). The Supreme Court of Justice supervises the entire judicial system and addresses the most sig- nificant legal questions. The Courts of Appeal review decisions from the lower courts, and under the double jurisdiction principle, they conduct substantively new reviews of the case rather than merely examining pro- cedural correctness. The Courts of First Instance han- dle initial trials in most civil and commercial matters. Specialised Courts Beyond the general hierarchy, the Dominican Repub- lic maintains several specialised courts that address specific areas of law. These include the Land Court ( Tribunal Superior de Tierras ) for property disputes, the Administrative Court ( Tribunal Superior Administr- ativo ) for administrative and tax matters, the Constitu- tional Court ( Tribunal Constitucional ) for constitutional issues, and the Superior Electoral Tribunal ( Tribunal Superior Electoral ) for electoral disputes. Commercial Dispute Resolution Commercial cases are typically heard within dedicated commercial chambers of the Courts of First Instance, but only in districts where such specialised chambers have been established. In districts without commercial
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