Dominican Republic

Last updated : 10/02/2015

Status regarding Budapest Convention

Status : Party Ratified : 07/02/2013 See legal profile

Cybercrime policies/strategies

The Dominican Republic does not yet have a national strategy or policies on cyber security. The government of the Dominican Republic has actively participated in the various activities of the Council of Europe concerning the fight against cybercrime. It was the first country in the Caribbean and Latin America in ratifying the Budapest Convention on February 7, 2013. The efforts of the government of the Dominican Republic to improve cyber security involve various agencies working in coordination through the Interinstitutional Commission against Crimes and High Technology Crimes (CICDAT).

The government of the Dominican Republic has actively participated in the framework of the Inter-American Strategy to Combat Cyber security Threats of the Organization of American States (OAS). As part of the awareness activities on cyber security in that country, the government of the Dominican Republic has conducted various awareness campaigns with other state institutions in order to inform the general population on Internet threats and risks and to provide advice on best practices related to information security.

The Government of the Dominican Republic-through representatives of the Ministry of Foreign Affairs, the Specialized Prosecutor against Computer Crimes of the Office of the Attorney General and the National Police participated in the Regional Workshop on Cybercrime Legislation in Mexico City from March 31 to April 2, 2014, where the representative of the Office of the Attorney General commented on the efforts undertaken for the creation of the Law on High Tech Crime between 2003 and 2007.  The Law on High Tech Crime includes the majority of offenses contained in the substantive law provisions of the Budapest Convention. He also pointed out that the Budapest Convention has equipped national authorities with the necessary tools to share information on an expeditious basis and it has especially enabled the identification and prosecution of cybercrime and counter organized crime. Said representative urged Latin American countries to access the Budapest Convention and promote regional cooperation for the countering of cybercrime in the region.

Specialised institutions

The Inter-instutional Commission against Crimes and High Tech Crime (CICDAT) conformed by key government agencies has five main functions. First, to ensure coordination and cooperation among all national agencies of the Police, Army and the Judiciary responsible for conducting, investigating and prosecuting activities related to cybercrime. Second, to coordinate and cooperate with other national governments, international institutions and other stakeholders in order to prevent and reduce the frequency of criminal activities at the national and international level. Third, to define policies, guidelines and directives and develop cyber security strategies and plans to be presented to the Executive branch. Fourth, to promote the adoption and implementation of international treaties and conventions related to cybercrime. Fifth, to ensure that appropriate institutions and persons represent the government before international organizations involved in the fight against cybercrime and the fostering of cyber security.

There are two specific entities in charge of investigations related to conducts committed through the use of information technologies: The Division on Crime and High Tech Crime Investigation (DICAT) which is a subordinate division of the Central Criminal Investigation Directorate of the National Police and the Division of Computer Crime Investigation (DIDI) of the National Investigations Department (DNI) of the Secretary of State whose main powers and attributions are contained in Articles 36 to 51 of Law No. 53-07 on Crimes and High Tech Crime.

Jurisprudence/case law

The Supreme Court of Justice of the Dominican Republic has issued judgments and case law related to child pornography and interception of private communications. The national judgments and case law can be directly consulted in the Center for Documentation and Judicial Information of the Judicial Branch of the Dominican Republic at:

http://www.poderjudicial.gob.do/