Compliance · Corporate Law
Beginning November 5, 2026, new provisions under the Dominican Criminal Code will introduce a broader framework for the criminal liability of legal entities. Companies may be held liable for certain offenses connected to acts or omissions of their representatives, governing bodies, or employees, particularly where there has been a failure to exercise adequate direction, supervision, or control. The reform also expressly recognizes effective compliance and criminal-risk prevention programs as relevant factors in mitigating or, in certain circumstances, avoiding corporate liability.
The new regime makes corporate compliance an increasingly important legal safeguard for companies operating in the Dominican Republic. Businesses should review their internal controls, codes of conduct, reporting mechanisms, risk assessments, and governance structures before the new provisions take effect. Our team assists companies in assessing exposure under the new framework and designing or strengthening compliance programs aligned with the requirements of the Criminal Code.
In summary. The entry into force of this new regime marks an important shift in how companies must manage legal risk in the Dominican Republic: it is no longer enough for individual directors to act correctly — the company itself can be held liable if its internal controls fail. Having a solid compliance program in place before November 5 is not just good practice — it may be the difference between mitigating and facing criminal liability.
Frequently asked questions
What kinds of offenses can trigger criminal liability for a company under the new framework?
Offenses connected to acts or omissions of the company's representatives, governing bodies, or employees, particularly where the organization failed to exercise adequate direction, supervision, or control.
Can a company avoid this liability if it has a compliance program?
Yes. The reform expressly recognizes that having an effective compliance and criminal-risk prevention program is a factor that may mitigate, or in certain circumstances avoid, the company's criminal liability.
What should a company review before November 5, 2026?
Its internal controls, code of conduct, reporting mechanisms, risk assessments, and corporate governance structure, in order to identify gaps that could create exposure under the new regime.
Cáceres Torres — Boutique law firm in Santo Domingo, Dominican Republic. This article is for informational purposes only and does not constitute individual legal advice. For specific advice on your matter, please contact us.