The enactment of the new Dominican Penal Code, through Law 74-2025, marks a turning point in the evolution of the national legal system. Although its entry into force has been deferred for one year, this period should be used to carefully study the new criminal offenses, especially those that until now were not considered as such.
One of the most relevant transformations is found in its Article 8, which for the first time expressly recognizes the criminal liability of legal entities. This recognition aligns the Dominican Republic with international standards in the area of corporate criminal law, and it obliges companies to review their internal structures from a criminal prevention perspective.
Until now, legal entities were not criminally liable. Sanctions fell exclusively on natural persons, which limited the effectiveness of the sanctioning system. The new legal framework, however, establishes that legal entities may be criminally liable for crimes committed in their name, for their benefit or in their interest, whether by their representatives, employees, or due to structural failures in their control systems.
This change introduces the principle of liability for one’s own actions, applicable when negligence is demonstrated in the duties of direction, supervision, or control of legal entities. Therefore, companies must adopt more rigorous governance models, strengthen their internal control mechanisms, and train their teams in ethics and legal compliance.
However, Article 13 of the new Penal Code establishes exceptions to this criminal liability, and excludes the State, municipalities, autonomous bodies with public legal personality, political parties, and churches. Although these exclusions may have a legal basis, they do not cease to generate concerns about the fairness of the system and the possibility that certain actors may fall outside the scope of criminal law. This provision raises a necessary debate: can we speak of a real advance in the fight against impunity if sectors with high social and political impact are exempt from criminal liability?
In this new context, companies that have already implemented compliance programs find themselves in an advantageous position. What was previously a voluntary tool to streamline processes and prevent risks, now becomes an essential element for the exoneration or mitigation of criminal liability.
In addition, this reform opens a fertile field for the development of criminal compliance as a professional discipline, which promises to generate opportunities for lawyers, auditors, consultants, and risk management specialists. The foreseen sanctions—fines proportional to the damage, suspension or dissolution of the entity, prohibition from contracting with the State, publication of the judgment—show that the reputational and operational risk will be significant.
In short, as of the entry into force of this rule, it is already imperative that legal entities adopt a corporate culture based on prevention, transparency, and regulatory compliance. These pillars will be essential to operate in the new Dominican legal environment.
