Prosecutor Arrested in La Romana for Violating Traffic Law: Disobedience and Outrage Against Authority

2023-06-20 22:38:09

The author is a lawyer and journalist. He resides in Santo Domingo.

The prosecutor of La Romana, Carol Morla Rodríguez, who was arrested by police officers, in addition to violating the Traffic Law, committed the crimes of disobedience, contempt, resistance and outrage once morest authority, which are frequently committed in countries such as the Republic Dominican Republic, where any citizen is believed to be above the Law

Morla Rodríguez alleges that she was assaulted, arrested, and handcuffed by police officers when she says that she was returning at 11 pm on Thursday, June 15, from an assignment as the Public Ministry. The young prosecutor was ordered to be detained by a police patrol when she was detected driving a vehicle without a license plate, in violation of Law No. 63-17, on Mobility and Land Transportation, to which she had no right, except for her, who is a member of the judiciary.

According to what was seen in a video and from her own statements, she chose to disobey the police officers, continue driving and stop in front of the police station, where several agents also told her that she might not park in that place, and to move the vehicle. , which he did not do either, but rather acted arrogantly and believing he had more authority than the uniformed officers.

In her misconduct, the representative acted improperly, with disobedience, intimidation, and outrage once morest some police officers, who did have the authority to order her to do things and obey her requests.

Given the arrogance of the young woman, a police officer had no choice but to order her arrest. With her actions, in addition to violating Law 63-17, she violated several articles of the Dominican Penal Code, among them, 209, which typifies the crimes of resistance, disobedience, and contempt, and 222, which punishes insulting the authority.

Contempt according to our legal system is committed when an authority, administrative or judicial or of whatever scope, is insulted or threatened, in the exercise of its functions, or when an order or specific instruction of said authority is disobeyed.

Some laws also call this crime disobedience to authority, which takes place when there is an order given directly by a competent agent, which the offender must abide by, but refuses to do so.

The The order must provide to do or not to do something, that is, it must have a concrete and achievable content, within the framework of the functions of the acting official.

In other countries, such as Spain, this infraction is known as an attack once morest the authority, typified by article 550 that establishes: Those who attack the authority, its agents or public officials, or use force once morest them, seriously intimidate them or make active resistance, also serious, when they are executing the functions of their positions or on the occasion of them, are guilty of attack. ”.

The Supreme Court of that country through its judgments of October 6, 1982; February 14, 1983 and January 20, 1997, says that the legal right protected in this type of crime is the principle of authority. That is to say, more than the person of the police officer is protected, the authority that he represents.

So, according to the laws and jurisprudence, it is essential that the prosecutor in question be brought to justice for the commission of her crimes of disobedience, contempt, resistance and outrage once morest authority, because it is due in this country, once and for all. for all, not only to protect the police officers, but also the authority they represent, because otherwise this country will continue to be a jungle where anyone violates the Law and does whatever they want.

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