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District Attorney Shelves Corruption Case Against Former President Leonel Fernández

District Attorney Yeni Berenice Reynoso shelved the case filed by former DA Guillermo Moreno against former President Leonel Fernández for corruption in office, stating that the allegations presented by Moreno were not a crime under Dominican law. Moreno accused former President Leonel Fernandez of obtaining millions for his foundation (Fundación Global) from individuals and companies that had benefitted from contracts during terms in office. Moreno announced that he will appeal the decision.

[May 2013]

Barrick and Dominican Government Reach Agreement

Altagracia Paulino, executive director of the National Institute for the Protection of Consumer Rights (Pro Consumidor) received in her office Fabio J. Guzmán Ariza, president of Guzmán Ariza, Lawyers & Consultants, in his capacity as author of the work The language of the Dominican Constitution, which was recently published with the endorsement of the Dominican Academy of the Language.

The meeting took place last Wednesday, February 13; Both discussed the adoption of concrete measures to improve the linguistic quality of our legislation, including giving courses on drafting technique to those responsible for drafting the bills.

Guzmán Ariza chairs the Guzmán Ariza Foundation for the Dominican Language Academy and therefore holds a series of meetings with personalities related to the legislative and regulatory bodies of the country, with the hope that this will be the starting point to implement the plans to remedy the deficiencies of the current legal norms proposed in his work.

Zoila Martínez Chosen Ombudsperson

The Senate has elected Zoila Martínez as ombudsperson for a six-year term (2013-2019). A former District Attorney for Santo Domingo under the last Balaguer administration, Ms. Martínez obtained 15 votes out of 22 cast by the senators present. According to articles 190 and 191 of the Dominican Constitution, the ombudsperson is an independent authority with administrative and budgetary autonomy, whose basic duty is to safeguard the fundamental rights of individuals established under this Constitution and the law if they are violated by officials or agencies of the State and others.

[May 2013]

Attorney General Orders End to Discrimination by Nightclubs

Attorney General Francisco Dominguez Brito has issued a resolution aimed at ending the practice by some nightspots that deny admission on unclear grounds. He ordered prosecutors to identify locations where there have been complaints of persons being denied admission on grounds of color, race, dress, hairstyle or physical appearance. He said the Prosecutor General Office’s Human Rights Unit would supervise the resolution.

[May 2013]

Animal Cruelty Law to be Enforced

Attorney General Francisco Dominguez Brito has announced the strict enforcement of Law 248-12 for the Protection and Responsible Possession of Animals. Dominguez Brito said that cruelty to animals was a daily occurrence in the Dominican Republic that must be stopped, and called on the public to report cases of animal abuse and poisoning to the authorities.

[May 2013]

DR Gets US$3.2 Billion in Remittances

According to the latest report from the Inter-American Development Bank (IDB), remittances to the Dominican Republic increased to US $3.2 billion in 2012, a 4.8% increase from 2009, among the larger increases in the region. The flows are an important source of income for thousands of families that receive the transfers to cover basic needs and invest in education, health, housing, and small businesses.

[May 2013]

Guzmán Ariza Organizes Language Workshop for Pro Consumidor Staff

Guzman Ariza Law Firm - language workshop

On Thursday, April 4, Fabio J. Guzmán Ariza, president of Guzmán Ariza, Attorneys & Consultants, organized a language workshop for the members of the legal department of the National Institute for Consumer Right Protection (Pro Consumidor).

The workshop dealt with the most frequent mistakes in the Dominican legal language with special highlight on its complexity and lack of intelligibility which makes it near to impossible for a common citizen to understand. Guzmán Ariza pointed out that in a democracy citizens are entitled to receive clear and objective information from the government and its agencies, as well as from corporations and institutions, in order uphold their rights and better meet their obligations.

The workshop is the result of an agreement entered into between the Academy of Letters of the Dominican Republic, represented by Mr. Guzmán Ariza, and Pro Consumidor director, Mrs. Altagracia Paulino. Mr. Guzmán Ariza offered his cooperation to coach Pro Consumidor attorneys in plain language drafting, in compliance with article 83 of the General Law of Consumer or User Right Protection no. 358-05 requiring that standard contracts, i.e. those in which consumers lack bargaining power, be written in clear and understandable terms.

With the support of the Guzmán Ariza Foundation Pro Dominican Academy of Letters, the Dominican Academy of Letters implements a program to assist government institutions in improving the quality of their legal drafting.

Guzmán Ariza Foundation and Dominican Academy of Letters Sign an Agreement with the Judiciary

Guzman Ariza Law Firm - Judiciary Council

On Thursday, April 4, the Guzmán Ariza Foundation Pro Dominican Academy of Letters and the Dominican Academy of Letters entered into an inter-institutional agreement with the Judiciary Council in order to promote and develop cooperation programs aiming at improving the quality of language used in the judicial sector in the Dominican Republic.

The agreement was signed in the office of the president of the Supreme Court of Justice and the Judiciary Council, Mariano Germán Mejía. Fabio J. Guzmán Ariza, president of the Guzmán Ariza Foundation, Bruno Rosario Candelier, president of the Academy and Chief Justice Germán Mejía signed the agreement after a few introductory words.

The signatories spoke about the importance of creating awareness of the proper use of the language in the institutional and judiciary field. Mr. Fabio J. Guzmán Ariza, who is also president of the Editorial Council of the Gaceta Judicial, the leading legal journal in the country, and Director of the Publication Department, as well as president of the Guzmán Ariza law firm, added that in a democratic society documents emanating from the government should be written in a readily understandable and correct language in order for ordinary citizens to be in a position to comply with their obligations and to implement the rights they are entitled to.

Guzman Ariza Law Firm - Judiciary Council

This is the second agreement that the Academy has entered into with a public institution, as part of a joint strategy with the Guzmán Ariza Foundation aimed at improving greater transparency in legal language usage in the Dominican Republic.

A New Publication by Fabio J. Guzmán Ariza

The Dominican Academy of Letters (Academia Dominicana de la Lengua) published recently a book by Fabio J. Guzmán Ariza, managing partner of the Guzmán Ariza law firm, titled “El lenguaje de la Constitución dominicana” (“The Language of the Dominican Constitution”).

The presentation of the book took place in Santo Domingo and Santiago at the Dominican Academy of Letters and the Pontificia Universidad Católica Madre y Maestra, respectively. Dr. Bruno Rosario Candelier, director of the Dominican Academy of Language, and the academician Maria Jose Rincón, as well as the author, spoke at the presentation.

The work examines the Dominican Constitution from a linguistic point of view, identifying its many deficiencies, such as syntactic and lexical complexity, and grammatical and orthographical errors, which, according to the author, reflect the alarming deterioration in the last decades of legal drafting in the Dominican Republic.

Guzmán Ariza noted that the fundamental idea of the book is that all laws should be written in clear, understandable, and correct language, accessible to all citizens. To remedy the current situation in the short term, he proposes the implementation by the government and the universities of these four basic policies: (1) preparation of a legislative drafting guide; (2) courses in legal drafting for legal counsels and drafters of laws and regulations; (3) linguistic revision of bills in the legislature before approval; and, (4) inclusion of legal drafting courses in law schools.

La Romana’s New Kid in Town

Guzmán Ariza, the only national law and consulting firm in the country, forges ahead extending full legal and business services to the La Romana-Casa de Campo-Bayahibe area. Seven offices strategically situated become eight in January 2012, with the opening of our La Romana office in the center of town, by the central plaza. We offer clients the choice of a law and consulting firm with national stature and a reputation for timely and cost-effective solutions without leaving the area. The office will provide a full range of services with access to a multilingual staff.

Founded in 1927, Guzmán Ariza has offices in Santo Domingo, San Francisco de Macorís, Sosúa, Cabrera, Las Terrenas, Samaná, Bávaro, and now in La Romana, servicing the Casa de Campo and Bayahibe area. With a staff of 30 professionals – 6 partners and 24 associates – Guzman Ariza delivers a full range of legal, accounting and business services. For more information, contact Alfredo Guzmán at aguzman@drlawyer.com.