DR Criminal Code × Education
The new Criminal Code in one page — for educators
What changed, and since when
Ley 74-25, enacted on 3 August 2025, is the new Criminal Code; it entered into force twelve months later (Art. 393, Ley 74-25), so it has been in force since August 2026. Ley 44-26, enacted on 27 July 2026, amended 27 articles and applies alongside it (Art. 30, Ley 44-26); only the criminal liability of legal persons (Arts. 8-11) is deferred by three months from 5 August 2026 (Art. 31, Ley 44-26). It replaces the 1884 Code (Art. 391); Ley 136-03 (the Code for the Protection of Children and Adolescents) remains in force. Arts. 121, 122, 173 and 192 are cited as they stand under Ley 44-26.
What it protects
- The student’s integrity. Beatings, degrading treatment and humiliation are aggravated if the victim is a child or adolescent.
Arts. 119, 147, 171 - School life together. Harassment in the educational sphere now has a legal name; aggravated against children and adolescents.
Arts. 121-122 - The relationship of trust. Abusing educational authority aggravates sexual offences and harassment.
Arts. 134, 137, 145, 181 - Image and privacy. Sharing images or personal details that stigmatise a student is an offence; montages and intimate content, even more so.
Arts. 186, 192, 198 - Access to school. Denying education on discriminatory grounds is an offence.
Art. 173.5 - Whoever reports in good faith. Professional secrecy does not prevent reporting abuse against a child or adolescent; whoever reports is exempt from liability.
Art. 196.3 · Art. 14, Ley 136-03
What every educator should know how to do
- Observe. Know the signs of ill-treatment, abuse or harassment; listen without interrogating (Art. 16, Ley 136-03).
- Document. Note what you saw, when, who and where; keep dated screenshots. The written record protects the student and it protects you.
- Report. Where there is knowledge or suspicion of abuse, inform the school leadership, Orientación y Psicología (guidance and psychology) and, if applicable, the Ministerio Público (public prosecutor) or CONANI (the national child-protection council) within 24 hours (Art. 14, Ley 136-03; the MINERD Código de Ética, Art. 42). Failing to do so is an offence (Art. 325).
- Accompany. Keep the student in the school with educational measures and mediation; never corporal punishment. Expulsion as a sanction is prohibited during the school year, except for situations that endanger integrity and safety, assessed jointly by the school’s internal and external bodies (Ordenanza 05-2023, the MINERD school-coexistence rules, Arts. 26-27).
- Protect the information. Discuss the case only with those who need to know; never with the press or in WhatsApp groups (Código de Ética, Art. 14 f; Arts. 195-196).
Adolescents and the law
Under 13: never criminally responsible (Art. 223 Párrafo, Ley 136-03). From 13 completed, up to and including the day they turn 18: criminal justice for adolescents, with an educational purpose and deprivation of liberty as an exception (Arts. 225, 326, 336, Ley 136-03). The penalties of the Code are for adults.
Three myths
- “It isn’t in force yet.” False: it applies from August 2026 (Art. 393).
- “A teacher can no longer discipline anyone.” False: educational measures remain; what is prohibited is violence (Ordenanza 05-2023, Arts. 18, 21, 24, 26).
- “If I report and I’m wrong, they will accuse me.” Whoever reports in good faith is exempt (Art. 14, Ley 136-03; Arts. 329, 338).
Where to go next
Teachers · School leadership · The school · Students · Families · Scenarios · FAQ · Legal framework · Commitment
This offers guidance; it does not replace the law or legal advice.
Created by aiLearning.global under the supervision of Carlos Miranda Levy and the Human + AI teams of CEMI.ai — Collectively Enhanced Multiple Intelligence.