DOMINICAN REPUBLIC Law and Practice Contributed by: John Seibel, Fernando Henríquez, Patricio Silvestre, Cerjossy Tapia, Yeison Henríquez and Banahí Márquez, Seibel Henríquez
Exceptions to Confidentiality A confidentiality duty may be overridden by a rea- soned court order, subject to a proportionality stand- ard requiring that disclosure be appropriate, neces- sary, and proportional to the legitimate aim pursued. Confidentiality also yields to express legal mandates that operate without court intervention ‒ for example, the obligation to report to the Financial Analysis Unit (UAF) under Law 155-17 (Law Against Money Laun- dering). Additionally, regulatory supervisory authorities such as the Banking Superintendent (SIB) or Insur- ance Superintendent (SIS) may require information within their legally conferred competence. Any lifting of confidentiality must satisfy the proportionality test recognised by Dominican constitutional doctrine and the standards of the Inter-American human rights sys- tem. 8.4 Witness Evidence Witness Testimony Witness evidence in Dominican practice rests on the principles of orality, immediacy, and adversarial con- tradiction, with variations depending on the substan- tive area. Testimony is a central probative method, particularly in criminal and labour matters, though in civil and commercial disputes it carries less weight than documentary evidence. Witnesses are obliged to appear and testify under oath and may be brought by public force if they fail to attend. Cross-Examination Witnesses are subject to cross-examination as part of the right to a defence. The party calling the wit- ness conducts the initial examination, and the oppos- ing party may question the witness through counter- examination. The court may also pose questions. In exceptional cases, protective measures may be adopted without eliminating the right to interrogate. Sworn Statements Sworn declarations ( declaraciones juradas ) exist and are frequently used, but they cannot absolute- ly replace oral testimony at trial. Courts hold that a notary public gives only formal certification ‒ that the declarant signed in the notary’s presence ‒ but does not authenticate the substance or content of the dec- laration. Therefore, a written sworn statement alone is insufficient to prove a disputed fact; the court requires
party or third parties, even under penalty of contempt ( astreinte ). Electronic Documents Electronic documents are fully admissible under Law No 126-02 (Law on Electronic Commerce and Digi- tal Signatures) and carry the same probative value as documents bearing a private signature, provided they guarantee integrity, authenticity, and accessi- bility. Their assessment depends on the reliability of the systems used, and they cannot be rejected solely because of their digital format. 8.2 Privilege Professional Privilege Dominican law recognises professional privilege, prin- cipally the attorney–client privilege ( secreto profesion- al abogado - cliente ) and certain confidentiality protec- tions in specific regulatory contexts. Attorneys are protected by law and the communications between an attorney and client in the exercise of defence are privileged. Attorneys cannot be compelled to disclose confidential information obtained in the course of their mandate, and documents reflecting such communica- These protections are not absolute. Professional privi- lege may give way in exceptional circumstances ‒ for example, when the client authorises disclosure, when information is used in the attorney’s defence against claims by the client, or when legal obligations to dis- close exist in regulatory contexts such as anti-money laundering compliance. Privilege is also lost if informa- tion has been disclosed to third parties without res- ervation or if it no longer has a confidential character. 8.3 Confidentiality Confidentiality as Grounds for Withholding Evidence The Dominican system recognises the right to with- hold information based on confidentiality, grounded in the fundamental right to privacy and data protection. However, this duty is not absolute and yields in certain circumstances. tions may be withheld. Limitations on Privilege
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