New Dominican Penal Code: key changes, debates, and implementation challenges
Written by Hipólito Sánchez
Historic reform of the Dominican Penal Code
Law 74-25 replaces the Penal Code that had been in effect since 1884 and represents one of the most historic reforms of the Dominican justice system. Its passage was the result of more than 20 years of debates and revisions in the National Congress.
Although the Executive Branch enacted Law 74-25 on August 3rd, 2025, it is scheduled to take effect in August 2026 to facilitate the training of judicial system users.
Key Changes in the Reform
New penalties and crimes
The reform increases the maximum prison sentence from 30 to 40 years for very serious crimes. It also allows for the accumulation of sentences up to a maximum of 60 years in prison.
Furthermore, the new Penal Code incorporates approximately 70 new criminal offenses, now regulating crimes not covered by previous legislation.
Offenses carrying more severe prison sentences
■ Femicide and contract killings are punishable by prison terms of 30 to 40 years.
■ Rape is punishable by prison terms of 20 to 30 years. One aspect that has drawn significant attention is the explicit inclusion of rape within marriage.
■ Crimes of corruption, both public and private, carry prison terms of 5 to 15 years, in addition to heavy financial penalties.
■ The new Penal Code incorporates digital crimes such as cyberbullying, identity theft, computer fraud, the dissemination of intimate content without consent, and the criminal use of deepfakes, with prison terms of 3 to 10 years.
■ Penalties for trespassing on private property are more severe, with sentences of up to 10 years in prison.
Criminal liability of companies
Another significant change is the recognition of the criminal liability of legal entities. This means that corporations or companies will be held criminally liable for crimes committed for their benefit or if they use their corporate structure to commit offenses.
Changes regarding self-defense and statutes of limitations
The reform broadens the scope of self-defense, providing greater protection for third parties in situations of aggression.
The new Code classifies offenses as minor, serious, and very serious. Additionally, it extends the statutes of limitations for sexual abuse offenses to 20 years for adult victims and 30 years for minor victims.
Criminal implications for the practice of medicine
The reform introduces significant changes to criminal liability in the practice of medicine, with direct implications for healthcare professionals and medical facilities.
The law distinguishes between medical negligence and health complications that arise without negligence. Such complications do not entail criminal liability for healthcare professionals.
Article 112 has raised concerns within the medical community, as it defines negligence as surgical errors, manifestly incorrect diagnoses, omissions of treatment, serious violations of medical protocols, and lack of postoperative monitoring.
The reform also regulates “criminal liability by omission”. This can result in criminal liability for medical professionals if they unjustifiably refuse to provide emergency care, fail to order essential tests, omit necessary therapeutic measures, or fail to monitor critically ill patients.
These conducts can lead to criminal liability, even if the harm results from an omission rather than a direct action.
The new regulation seeks to ensure the protection of patients against negligent or reckless conduct, without turning the practice of medicine into an activity subject to constant criminal threat.
Main debates and controversies
Despite its historic significance in criminal law, the new Dominican Penal Code has sparked controversy among legal experts, professional associations, and society at large regarding various issues.
■ Freedom of expression and journalism
The so-called “Gag Law” has sparked debate, especially regarding the offense of “extortionate defamation.” Some sectors have expressed concern about how this offense might be interpreted, particularly in journalistic investigations related to matters of public interest.
■ The Three Grounds
Another media debate has centered on the exclusion of the three grounds for abortion, an issue that continues to generate conflicting positions across different sectors of society.
Challenges for implementation
The implementation of the new Code will also test the operational capacity of the justice system, which is already characterized by a heavy caseload.
The addition of more than 70 new criminal offenses could further strain the system. Added to this is the challenge of strengthening the technical capacity of INACIF and the Public Prosecutor’s Office to process evidence of cybercrimes and financial crimes before the law takes effect.
Some sectors believe that the provisions regarding cyberbullying could lead to more legal disputes and increase the number of cases brought before the courts.
What’s next: implementing the reform
With the approval of Law 74-25, the Dominican Republic moves beyond a Penal Code that has been in effect for over a century.
The reform is now a reality.
It remains to be seen how it will be implemented in practice
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