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Deputies will send Penal Code to the Executive Power; they say it should not go to the Senate

Legislators differ regarding whether the Code is Law; suggest consulting Constitutional Tribunal

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Deputies will send Penal Code to the Executive Power; they say it should not go to the Senate
SANTO DOMINGO. The Chamber of Deputies reported yesterday that it will send today to the Executive Power the legislative proposal which modifies the Penal Code, which they approved last Tuesday.

The legislative body said that due to the fact that this chamber accepted the presidential observations, this Law will be remitted to the Executive Power for its enactment and promulgation and should not go to the Senate because it would be in violation of the constitutional formality.

On their official Twitter account they posted: "Goes to Executive Power for promulgation" and later they added, in response to worries by cybernauts: "they accepted the observations of the E P, therefore it doesn't have to go to the @senadorepdom."

They said that the legislative process of a proposed law between the legislative chambers is completely different to presidential observation of a Law. "It is enough that one of the two chambers accepts the observation in order for these to be said to have been studied by the Congress. It is a violation of the constitutional formality to accept an observation and send it to the other chamber, this is only possible in the case of a rejection," they stressed.

Deputy Demostenes Martinez, chairman of the Justice Commission of the Lower Chamber, also puts forward similar explanations. He says that article 102 of the Constitution refers to the case of where the 2/3 votes of the members present in each chamber, separately, "approved it again" and it would become Law, when the observations are rejected, which did not occur.

Legislators differ

But Senators and deputies differ regarding as to whether the observations of the Law mentioned, accepted in the Chamber of Deputies, should be heard, with the alternate text approved, in the Senate in order to be approved and if whether the legislative and constitutional procedures were violated.

Senator Adriano Sanchez Roa pointed out that there are confusing aspects regarding legislative procedures, and suggested consulting the Constitutional Tribunal. "There is a vacuum which is being provoked, which requires that the two chambers try to focus on this, and if it is necessary, consult with the Constitutional Tribunal," he said.

He feels that this initiative should be heard in the Senate, because the laws are produced by both chambers. He indicated that the Lower Chamber did not limit itself to accept or reject the observations, but rather it accepted them and modified them adding an alternate text. "This implies a different modification to that which we did. Something different happened over there, which is that they pick and choose. There occurred a mechanism that had not been in any law," he said.

He warned that if the legislative requisite of the legislative proposal being approved in the Senate is not fulfilled, the proposal "can fail," and is subject to an appeal for unconstitutionality.

The PLD deputy, Elpidio Baez noted that there are holes in the Magna Carta regarding presidential observation, which he understands should be revised in order to not leave them open to interpretation.

He said that the Constitution does not specify which Power of State should write the alternative text, or whether the observations can be partial or total, although they tend to occur in the practice.

He believes that the legislative proposal was modified, for which reason it should be heard in the Senate and this Law "would be attacked because of mistakes in the procedure."

Reduced sentences

The legislative proposal approved reduces the sentences for the person guilty of the death of the woman in case of an abortion from 10 to 20 years of major prison. In the Law sent to the Executive Power it was established that there would be sentences for this cause of from 20 to 30 years of prison. (Article 109)

Deputy Vinicio Castillo asked the president of the Lower Chamber, Abel Martinez, to send the initiative to the Senate in order for it to be passed. He reiterated that there are violations to the Magna Carta.

Deputy Guadalupe Valdez indicated there was neglect in the form and substance which affect institutionalism.