Dominican Republic: Government sends Senate a bill with penalties of up to 30 years for recruiting minors into gangs

Santo Domingo — The Government filed a bill in the Senate that seeks to criminalize and punish the recruitment, use and participation of minors under 18 in irregular armed groups and criminal organizations, an initiative that puts the protection of children at the center of the State’s response to criminal gangs.

The proposal sets prison terms of 15 to 20 years for those who recruit, use, incorporate or retain minors in such groups. The penalties could rise to between 20 and 30 years when aggravating factors apply, such as the victim being under 14, the use of violence, threats or kidnapping, or the minor being assigned to commit serious crimes.

Other aggravating factors include taking advantage of the victim’s extreme poverty, abandonment or vulnerability, recruiting through digital means, or being a person with authority, custody or trust over the victim. The bill also describes recruitment through deception, promises, intimidation or peer pressure, including contact through social media and messaging services.

For the victims, the initiative establishes that recruited minors will not be criminally liable for acts committed as a direct consequence of subjugation, coercion or instrumentalization, as stated in its article 22, even if they took part in violent acts. They may not be subjected to punitive measures for their mere association, permanence, flight or disengagement from the group.

Instead, the bill provides that those minors receive protection measures, medical and psychological care, restoration of rights and social reintegration. Courts could also impose on those responsible a ban on holding roles related to the care or custody of minors, as well as compensation for the harm caused.

The initiative, grounded in the reinforced protection of the rights of children and adolescents established in the Constitution and in the Convention on the Rights of the Child, is now in the hands of the Senate for study and possible approval.

Photo: MDX News

Source: MDX News