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Poder Ejecutivo deposita ante el Congreso Nacional proyectos de Ley para prevenir el secuestro y proteger la propiedad inmobiliaria

PorNoel Minaya

Oct 25, 2023

_Con estos proyectos de ley, el Poder Ejecutivo continua impulsando su agenda de cambios y reformas institucionales._

Santo Domingo. En la mañana de hoy, el presidente Luis Abinader remitió al Congreso Nacional dos importantes proyectos de ley en el marco del plan de reformas institucionales que impulsa. Esta vez fueron introducidas en el Senado de la República una iniciativa que versa sobre la violación y traspaso ilícito de la propiedad inmobiliaria pública o privada y otra que tipifica y sanciona el delito de secuestro en todas sus modalidades.

El consultor jurídico del Poder Ejecutivo, Dr. Antoliano Peralta Romero hizo personalmente la entrega de los documentos en manos del presidente del Senado, Ricardo de los Santos. Le acompañó el subconsultor jurídico del Poder Ejecutivo, Pedro Luis Montilla, quienes compartieron junto a otros senadores y personal de la prensa las premisas e ideas más relevantes de ambos proyectos.

*Propiedad Inmobiliaria*

Sobre la primera de estas iniciativas, el consultor jurídico afirmó que su objeto era tutelar de forma integral el goce, uso, disfrute y disposición del derecho de propiedad inmobiliaria en los ámbitos público y privado, al tiempo que tipifica las conductas punibles que atentan contra este derecho y establece un régimen de penas proporcionales, eficaces y disuasivas para prevenir y sancionar tales conductas.

Destacó además que en el proyecto se incluyen disposiciones sobre elementos relativos a la persecución y el procedimiento penal, esto es, sobre la tentativa calificada, la complicidad, la flagrancia y el régimen de la acción.

“En el ámbito orgánico, se dispone que el Consejo Superior Policial cree una dirección general especializada para la prevención y persecución de las invasiones y ocupaciones irregulares de las propiedades públicas y privadas”, añadió Peralta Romero.

De aprobarse esta ley, se lograría actualizar este marco jurídico, al derogarse la actual Ley núm. 5869, de Violación de Propiedad en la República Dominicana, la cual data del 24 de abril de 1962.

*Delito de secuestro*

Respecto el segundo proyecto, el consultor explicó que el mismo parte de la necesidad de actualizar la configuración penal para hacer frente a las mutaciones que ha venido experimentando el secuestro como conducta atentatoria de la libertad y seguridad personales. En este sentido, el proyecto tipifica las diversas modalidades de secuestro, sus agravantes y atenuantes, la tentativa y amenaza de su comisión, así como el régimen de sanciones penales acorde con las circunstancias de su ejecución.

“Esta propuesta no solo tiene como fundamento los lineamientos constitucionales relativos a la protección de los derechos que se desprenden de la dignidad humana, sino que también tiene como base los mandatos contenidos en convenios internacionales integrantes de nuestro bloque de constitucionalidad, como la Convención Internacional contra la Toma de Rehenes, del 17 de diciembre de 1979, y la Convención Internacional para la Protección de todas las Personas contra las Desapariciones Forzadas, del 18 de diciembre de 1992”, comentó el funcionario al explicar su contenido a los senadores presentes.

Dentro de las novedades de este proyecto de ley, además de actualizar la configuración del secuestro ordinario, se destaca la tipificación del secuestro expreso, el secuestro simulado y el secuestro por razones ideológicas o que alteran el orden público. Además, se prevén circunstancias agravantes que van desde el hecho de si la víctima es sometida al consumo de drogas y sustancias controladas, narcóticos o estupefacientes, hasta si la misma se hallare en condición de turista en el territorio nacional.

“Aunque el secuestro no sea un ilícito tan recurrente en la República Dominicana como en otros países de América del Sur y América Central, es importante que el país se dote de herramientas eficientes para enfrentar y desincentivar este ilícito especialmente bochornoso y despreciable”, concluyó Peralta Romero.

De ser aprobado el proyecto, derogaría la Ley núm. 583, del 26 de junio de 1970, que Incrimina el Secuestro en Todas sus Formas y Variedades.

Por Noel Minaya

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