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Status regarding Budapest Convention

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Cybercrime policies/strategies

The Dominican Republic has adopted in 2018 a National Cybersecurity Strategy 2018-2021. The strategy has four pillars: legal framework and institutional strengthening (1), protection of national critical infrastructures and state IT infrastructure (2), education and national culture of cybersecurity (3) and national and international alliances (4). Under each of these pillars, several objectives and action lines are set. Among these, the strategy establishes a National Centre of Cybersecurity, a Cybersecurity Strategies Coordination Team (ECEC) and a Computer Security Incident Response Team (CSIRT-RD).

The Dominican Republic has actively participated in the various activities of the Council of Europe concerning the fight against cybercrime. It was the first country in the Caribbean and Latin America in ratifying the Budapest Convention on February 7, 2013. The efforts of the government of the Dominican Republic to improve cyber security involve various agencies working in coordination through the Interinstitutional Commission against Crimes and High Technology Crimes (CICDAT).

The government of the Dominican Republic has actively participated in the framework of the Inter-American Strategy to Combat Cyber security Threats of the Organization of American States (OAS). 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 (Law No. 53-07) includes the majority of offenses contained in the substantive law provisions of the Budapest Convention. The Dominican Republic has actively promoted the accession to the Budapest Convention and the regional cooperation for the countering of cybercrime.

Cybercrime legislation

State of cybercrime legislation

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. 53-07 on Crimes and High Tech Crime, in force since January 18, 2007 punishes the great majority of offenses provided under the Budapest Convention, together with the Criminal Procedure Code, Law No. 76-02 of 19 July, 2002, the National Criminal Code, and the Law No. 126-02 of 4 September 2002 on Electronic Commerce, Documents and Digital Signatures and its regulations. Together with the above-mentioned pieces of legislation the General Telecommunications Law No.153-98 of May 27, 1998, Laws No. 65-00 and No.20-00 of 21 August 2000 and of 8 May 2000 on Copyright and Industrial Property respectively, Law No.137-03 Act of 7 August 2003, on Migrant Smuggling and Trafficking of Persons, Law No.136-03 Act of 7 August 2003 and the Juvenile Code provide the legal framework for investigation and prosecuting cybercrime in the country.

Substantive law

The offenses related to the use of information and communication technologies that are punished in the Dominican Republic under Law No. 53-07 Crimes and High Tech Crime are the following:

Scope of the law in the territory of the Dominican Republic to any individual or corporation,domestic or foreign person who commits an offense under said Law:

When the active subject conducts or orders the commission of criminal activity within national territory
When the active subject conducts or orders the commission of criminal activity from abroad, producing effects in national territory;
When the origin and effects of the activity occur abroad, using means located in national territory; and
When any type of complicity takes place from national territory. (Art. 2 Law No. 53-07 on Crimes and High Tech Crime).

Application of the principles of territoriality, reasonableness and proportionality (Art. 3 Law No. 53-07 on Crimes and High Tech Crime).
Disseminate, generate, copy, record, capture, use, alter, traffic, decrypt, decode or otherwise decipher access codes, information or similar mechanisms through which illegal access to an electronic computer system, telematics or telecommunications was made, or its components, or falsify any device to access it (Art. 5 Law No. 53-07 on Crimes and High Tech Crime).
Cloning devices for providing access service to computer, electronic or telecommunications systems (Art. 5. Paragraph Second Law No. 53-07 on Crimes and High Tech Crime).
Illicit access to electronic, computer, telematic or telecommunications systems (Art. 6 Law No. 53-07 on Crimes and High Tech Crime).
Use of confidential data through unauthorized access (Art. 6. Paragraph I Law No. 53-07 Crimes and High Tech Crime).
Illegitimate exploitation of unintentional access to an electronic, computer, telematic or telecommunications system (Art. 6. Paragraph II Law No. 53-07 on Crimes and High Tech Crime).
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. 7. Law No. 53-07 on Crimes and High Tech Crime).
Exploit fraudulent activities of a third party to illegally receive an economic benefit or any other (Art. 7 Paragraph I. Law No. 53-07 on Crimes and High Tech Crime)
Producing, using, possessing, trafficking or distributing software, equipment, materials or devices without lawful authority or justification to be used as tools for committing crimes and high-tech crime (Art. 8. Law No. 53-07 on Crimes and High Tech Crime).
Intercepting, interfering, tracking, intercepting, wiretapping, listening, diverting, recording or observing data, signals or data transmission belonging to another person on his own or on behalf of another person. (Art. 9 Law No. 53-07 on Crimes and High Tech Crime).
Deleting, damaging, introducing, copying, editing, altering, or deleting data and components in electronic, computer, telematic or telecommunications systems, or send them with fraudulent purposes. (Art. 10 Law No. 53-07 on Crimes and High Tech Crime).
Sabotage of electric, telematic or telecommunications systems (Art. 11 of Law No. 53-07 on Crimes and High Tech Crime).
Attempting against the life of a person or causing him death using electronic, computer, telematic or telecommunication systems (Art. 12. Law No. 53-07 on Crimes and High Tech Crime).
Theft using electronic, informatics, telematics and telecommunication devices (Art. 13 Law No. 53-07 on Crimes and High Tech Crime).
Illicitly obtaining transfer of funds, credits or securities of legitimate users of financial services (Art. 14 Law No. 53-07 on Crimes and High Tech Crime).
Fraud through electronic, computer, telecommunications or telematic means (Art. 15 Law No. 53-07 on Crimes and High Tech Crime).
Blackmail through the use of electronic, computer, telecommunications and telematics and with the purpose of obtaining funds, securities, the signing or delivery of any document (Art. 16 Law No. 53-07 on Crimes and High Tech Crime).
Identity theft (Art. 17 Law No. 53-07 on Crimes and High Tech Crime).
Forgery, unencrypting or decoding of documents or electronic signatures and digital certificates (Art. 18 Law No. 53-07 on Crimes and High Tech Crime).
Using electronic, computer, telematic or telecommunications systems or devices to conduct operations against the privacy of individuals in any form (Art. 19 Law No. 53-07 on Crimes and High Tech Crime).
Illicit trade in goods and services through the Internet and human trafficking and migrants and the sale of drugs using as support electronic, computer, telematic or telecommunications systems (Art. 20 Law No. 53-07 on Crimes and High Tech Crime).
Defamation through electronic, computer, telematic or telecommunications or broadcast media (Art. 21 Law No. 53-07 Crimes and High Tech Crime).
Public insult through electronic, computer, telematic or telecommunications or broadcast media (Art. 22 Law No. 53-07 on Crimes and High Tech Crime).
Attempting sexually against children, teenagers, disabled or mentally ill persons using audiovisual information systems (Art. 23 Law No. 53-07 on Crimes and High Tech Crime).
Production, distribution, sale and marketing of images and representations of children and teenagers with pornographic purposes, including purchasing and the possession of child pornography (Art. 24 Law No. 53-07 on Crimes and High Tech Crime).
Prohibition on the commercialization of prostitution of children and teenager pornography and the right to protect their image (Arts. 25 and 26 Law No.136-03 of 7 August 2003 Code for the Protection System and Fundamental Rights of Children and Teenagers).
Crimes related to intellectual property and copyright when using electronic, informatic, telematic or telecommunication systems (Art. 25 Law No. 53-07 on Crimes and Crimes of High Technology).
Crimes against Telecommunications (Art. 26 Law No. 53-07 on Crimes and High Tech Crime).
Crimes against the nation, such as sabotage, espionage and supply of information through electronic, computer, telematics or telecommunications systems, including terrorist activities (Arts. 27 and 28 Law No. 53-07 on Crimes and High Tech Crime).
Civil and Criminal Liability of Legal Persons when enabling, facilitating or concealing the commission of a crime knowing the wrongfulness of the act and having the power to prevent it (Art. 60 Law No. 53-07 on Crimes and High Tech Crime).

Procedural law

The composition and functioning of the Inter-Institutional Commission against Crimes and High Tech Crime (CICDAT) is contained in Articles 30 to 35 of Law No. 53-07 on Crimes and High Tech Crime.
Power for the exercise of public prosecutions by the Public Prosecutor (Ministerio Público) (Arts. 29 and 30 of the Code of Criminal Procedure of the Dominican Republic of August 2007).
Exercise of public action by private parties before the Public Prosecutor (Ministerio Público) (Arts. 31 of the Code of Criminal Procedure of the Dominican Republic of August 2007).
Application of the Criminal Procedure Code to the collection, preservation and conservation of data contained in an information system or its components or data traffic in the investigation of the crimes provided under Law No. 53-07 on Crimes and High Technology Crime. (Arts. 52 and 53 of Law No. 53-07 on Crimes and High Tech Crime).
Powers of the Attorney General to instruct individuals and companies to deliver information contained in an information system, preserving the integrity of an information system for a term of 90 days; access or request direct access to the information system; order an internet service provider to submit information or data relating to a user; retain copy the content of the information system; collect or record data from an information system or any of its components through technological measures; request the service provider to collect, extract or record data of a user and the traffic of data in real time; conduct the intervention or interception of telecommunications in real time pursuant to the procedure contained in Article 192 of the Criminal Procedure Code and any other applicable ordering measure to an information system or its components in order to obtain the necessary data and ensure its preservation (Arts . 54 Law No. 53-07 on Crimes and High Tech Crime).
Best practices and efficient methods during the investigation procedures for obtaining, recovering and preservation of evidence (Art. 55 Law No. 53-07 Crimes and High Tech Crime).
Preservation of traffic data, connection, access or any other information that may be useful to the investigation, for a term of ninety (90) days from the Service Providers under the Regulation that contains the procedure for obtaining and preserving data and information by service providers (Art. 56 Law No. 53-07 on Crimes and High Tech Crime).
Interception of telecommunications, data messages, images or sounds through public or private telecommunications networks (Arts. 192 of the Criminal Procedural Code of the Dominican Republic of August 2007).

Safeguards

The protection of human rights and safeguards contained in the legislation of the Dominican Republic are the following:

Due process (Arts. 3, 4, 7, 8, 9, 13, 17, 19, 20, 21 and 28 of the Criminal Procedure Code).
Right to human dignity (Art. 38 of the Constitution of the Dominican Republic).
Right to respect the personal dignity, integrity, mental and moral (Art. 10 of the Criminal Procedure Code and Art. 42 of the Constitution of the Dominican Republic).
Right to equality before the law and against the judicial process (Art. 39 Constitution of the Dominican Republic and Arts. 11 and 12 of the Criminal Procedure Code).
Right to the presumption of innocence, liberty and security of the person (Arts. 14 and 15 of the Criminal Procedure Code and Art. 40 Constitution of the Dominican Republic).
Rights to legal defense (Arts. 18 and 111 to 116 of the Criminal Procedure Code).
Rights of the accused parties (Art. 95 to 101 and 102 to 110 of the Criminal Procedure Code).
Rights of the victims (Art. 27 Code of Criminal Procedure).
Right to free development of personality (Art. 43 Constitution of the Dominican Republic).
Right to privacy and personal honor, private life, family, home and the correspondence of the individual (Art. 44 Constitution of the Dominican Republic).
Right of access to information and data about a person or his property contained in official or private records, as well as to know its destination and use within the limitations established by law (Art. 44 numeral 2 Constitution of the Dominican Republic).
Inviolability of correspondence, documents or private messages contained in print, digital, electronic or any other type of formats (Art. 44 paragraph 3 Constitution of the Dominican Republic).
Freedom of expression and information (Art. 49 Constitution of the Dominican Republic).
Right to request extradition (Art. 46 paragraph 1 Constitution of the Dominican Republic).

Related laws and regulations

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:

Specialised institutions

The Inter-institutional Commission against Crimes and High Tech Crime (CICDAT) conformed by key government agencies has five main functions. 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.

There are two specific entities in charge of investigations related to conducts committed through the use of information technologies: the Division on Crime and High Tech Crime Investigation (DICAT) and the Division of Computer Crime Investigation (DIDI). The first one is a subordinate division of the Central Criminal Investigation Directorate of the National Police while the second one is part of the National Investigations Department (DNI) of the Secretary of State. Their main powers and attributions are contained in Articles 36 to 51 of Law No. 53-07 on Crimes and High Tech Crime.

In 2013, a specialized cyber-prosecution service was created: PEDATEC - Procuraduría Especializada en Crímenes y Delitos de Alta Tecnología.

International cooperation

Competent authorities and channels

The competent authority to investigate crimes in the Dominican Republic is the Public Prosecutor (Ministerio Público) with the support and involvement of the Judicial Police. The powers and attributions of the Public Prosecutor are contained Articles 22, 88 to 90 of the Criminal Procedure Code of the Dominican Republic and its respective Internal Law and in Article 54 of Law No. 53-07 on Crimes and High Tech Crime with regards to the investigation of cybercrime. 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 91-94 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 official authorities and channels to conduct an extradition in the Dominican Republic are the Public Prosecutor, the Secretary of State for Foreign Affairs, the Ministry of Justice and the Criminal Chamber of the Supreme Court of Justice, in accordance with the procedure contained in articles 160 to 165 of the Criminal Procedure Code and Law No. 489 on Extradition in the Dominican Republic.

Practical guides, templates and best practices

The official list of extradition treaties and conventions on international judicial cooperation in criminal matters that the Dominican Republic has entered and ratified is available in the website of the Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition at:

http://web.oas.org/mla/en/Pages/countries.aspx?ISO=DOM

Jurisprudence/case law

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 Centre for Documentation and Judicial Information of the Judicial Branch of the Dominican Republic at:

http://www.poderjudicial.gob.do/