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Presidente Abinader dice que ahora quien roba en el estado, tendrá que devolver lo robado.

PorNoel Minaya

Jul 28, 2022

_Mandatario promulga ley Extensión de Dominio en acto al que asisten Legisladores de distintas bancadas._

 

Santo Domingo. -El presidente Luis Abinader promulgó esta mañana la ley de Extensión de Dominio en un acto al que asistieron legisladores de distintas bancadas, funcionarios del gobierno así como personalidades de la sociedad civil.

 

En dicho acto, el mandatario proclamó este jueves que en el país quien haya cometido un delito, se haya lucrado y haya sustraído un solo peso del Estado, ahora, y con la fuerza de la ley, ese dinero deberá volver al Estado.

 

El mandatario al encabezar la ceremonia de promulgación de la Ley de Extinción de Dominio número 340-22, en el Palacio Nacional, sentenció que “en este país, quien la hace la paga, y quien roba devolverá lo robado. Así de simple y así de contundente”.

 

La nueva disposición legal, previamente conocida y sancionada en el Congreso Nacional, implica entre otras cosas la justicia restaurativa. Un concepto nuevo en nuestro ordenamiento, porque no solo se sanciona, sino que se restaura el daño causado, dijo el presidente Luis Abinader.

 

“Quiero advertir, además, que los funcionarios y servidores públicos que violen las disposiciones de la ley de extinción de dominio, incluyendo las relativas a la administración y disposición de los bienes sujetos a este procedimiento, incurrirán en responsabilidad civil, multas de hasta 400 salarios mínimos del sector público y sanciones penales de hasta cinco años de prisión, así como en su inhabilitación para el ejercicio de funciones públicas”, sentenció.

 

Sobre el particular, el gobernante indicó que la extinción de dominio es un instituto jurídico dirigido contra los bienes de origen o destinación ilícita, y que, como tal, es un instrumento que busca complementar el conjunto de medidas institucionales y legales que estamos adaptando en todos los ámbitos y desde el primer día de la actual gestión.

 

El presidente Abinader agregó que la aprobación de la ley de extinción de dominio reafirma el compromiso de este Gobierno en su lucha por la transparencia e institucionalidad del Estado dominicano, así como por el fortalecimiento de nuestro sistema de justicia. Y es, añadió, sobre todo, una conquista del pueblo dominicano, que se mantuvo atento al curso de esta iniciativa en las cámaras legislativas.

 

Respuesta eficaz contra la corrupción

 

Abinader manifestó que, por su naturaleza y alcance, la Ley de Extinción Dominio, se constituye en un mecanismo novedoso y una respuesta eficaz contra la corrupción organizada, el narcotráfico y otros ilícitos, ya que se enfoca exclusivamente en la persecución de toda clase de activos que integran la riqueza derivada de la actividad delictiva.

 

Recordó que, durante demasiados años, la corrupción y el delito han lastrado el buen nombre de nuestro país, no obstante, advirtió que” y ahora atacaremos de raíz este problema”.

 

El Jefe de Estado dijo que los dominicanos y dominicanas, somos gente honesta y trabajadora, que todo nos lo hemos ganado con el esfuerzo de nuestro trabajo y el sudor de nuestra frente.

 

“Vamos a recuperar lo que es nuestro”

En ese sentido, el presidente Luis Abinader expuso que nadie puede ensuciar el buen nombre de nuestro país ni puede quedar impune, y de inmediato, indicó que: “YA NO. Vamos a recuperar lo que es nuestro, con determinación y justicia”.

 

El mandatario dijo que solo resta que esa vigilia ciudadana se mantenga al momento en que esta ley sea aplicada para la recuperación, en provecho de todos, de las riquezas ilícitamente obtenidas por unos pocos.

 

Asimismo, el presidente Luis Abinader agradeció el amplio consenso alcanzado entre todas las fuerzas políticas y las aportaciones de la sociedad civil para que esta ley salga por unanimidad.

 

Democracia avanzada

 

En ese contexto, expuso que “el cambio que hoy introducimos en nuestro ordenamiento jurídico ensancha los márgenes de nuestro país. Lo coloca como una democracia avanzada que persigue, que sanciona y que recupera y restaura el daño causado”, manifestó el gobernante.

 

Sobre la ley de extinción de dominio

 

La figura de extinción de dominio es el procedimiento mediante el cual el Estado logra administrar y disponer de bienes obtenidos por particulares de forma ilícita.

 

Esta ley que hoy se promulga permitirá someter al procedimiento de extinción de dominio los bienes procedentes de los principales hechos ilícitos, tales como tráfico de drogas, terrorismo, trata y tráfico de personas, pornografía infantil, tráfico de órganos, tráfico de armas, secuestro, extorsión, falsificación de monedas, valores o títulos, delitos medioambientales, sicariato, crímenes y delitos de alta tecnología, así como delitos cometidos por los funcionarios públicos en el ejercicio de sus funciones, entre otros.

 

Junto a la comisión de estos hechos ilícitos, según la ley, deben presentarse ciertas causales de procedencia, asegurando así la sujeción a las reglas del debido proceso y permitiendo al afectado participar en el procedimiento y oponer excepciones y defensas frente a las pretensiones que se hagan valer en contra de los bienes.

 

Asimismo, se presume la buena fe de todo acto o negocio jurídico relacionado con la adquisición o destinación de bienes.

 

Debido a la relevancia de estos procesos, serán conocidos en primer grado ante las cámaras penales de las cortes de apelación del departamento judicial competente y en segundo grado ante la sala penal de la Suprema Corte de Justicia. Corresponderá al pleno de esta alta corte el conocimiento de los recursos de casación relativos a la extinción de dominio.

 

El Ministerio Público, de su lado, será el responsable de iniciar la acción y realizar las investigaciones patrimoniales de extinción de dominio, lo cual puede hacer tras denuncia interpuesta o de oficio, en el marco de sus atribuciones constitucionales y legales.

 

Los presentes en la ceremonia

Acompañaron al presidente Luis Abinader, la vicepresidenta de la República, Raquel Peña; el ministro Administrativo de la Presidencia, José Ignacio Paliza; el ministro Interino de la Presidencia, Joel Santos; el presidente del Senado, Eduardo Estrella; el presidente de la Cámara de Diputados, Alfredo Pacheco; el ministro de Hacienda, José Manuel (Jochi) Vicente; el director general de Aduanas, Yayo Sanz Lovaton, y el Senador por la provincia de Samaná y presidente de la Comisión Bicameral que Estudió la Ley de Extinción de Dominio, Pedro Catrain.

 

También, el viceministro Administrativo, Igor Rodríguez; el vicepresidente ejecutivo de la Fundación Institucionalidad y Justicia (FINJUS), Servio Tulio Castaños; el Consultor Jurídico del Poder Ejecutivo, Antoliano Peralta; el coordinador general de Participación Ciudadana, Joseph Abreu.

 

Asimismo, los voceros de los partidos en el Senado de la República, Faride Raful, del Partido Revolucionario Moderno (PRM) e Yvan Lorenzo del Partido de la Liberación Dominicana (PLD).

 

Igualmente, los senadores, Lía Ynocencia Díaz Santana, por Azua; Antonio Taveras, por Santo Domingo; Cristóbal Venerado Antonio Castillo Liriano, por Hato Mayor.

 

De igual forma, los voceros de los partidos en la Cámara de Diputados, Julio Fulcar, por el PRM; Gustavo Sánchez por el PLD y Fior Daliza Peguero por el Partido Revolucionario Dominicano.

 

También asistieron, el vicepresidente de la Comisión Bicameral que Estudió la Ley de Extinción de Dominio, Elías Báez; y los diputados Nelsa Suarez Ariza; Francisco Villegas Pérez; Pedro Tineo; Melvin Alexis Arias; José Miguel Ferreira; Héctor Darío Feliz; Plutarco Pérez; Luis Henríquez Beato; Ana Mercedes Rodríguez; Lila Alburquerque; Víctor Manuel Fadul y Rogelio Alfonso Genao Lanza.

 

Además, asistieron, los abogados Constitucionalistas, Cristóbal Rodríguez; Nassef Perdomo y el ex embajador de República Dominicana ante el Reino de España, Olivo Rodríguez Huerta.

 

 

Por Noel Minaya

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