Corporate Criminal Liability: What Companies Must Do Before November 5

Effective November 5, 2026, new provisions of the Dominican Penal Code will introduce a broader framework for the criminal liability of legal entities. Companies may be held liable for certain crimes related to acts or omissions of their representatives, governing bodies, or employees, particularly when there is a lack of adequate management, supervision, or control. The reform also expressly recognizes effective compliance and criminal risk prevention programs as relevant factors for mitigating or, in certain circumstances, avoiding corporate criminal liability.

The new regime makes corporate compliance an increasingly important legal protection tool for companies operating in the Dominican Republic. Before these provisions come into effect, companies should review their internal controls, codes of conduct, reporting mechanisms, risk assessments, and corporate governance structures. Our team assists companies in assessing their exposure under the new framework and in designing or strengthening compliance programs aligned with the requirements of the Penal Code.

In summary. The implementation of this new regime marks a significant shift in how companies must manage their legal risk in the Dominican Republic: it is no longer enough for executives to act correctly; the company itself can be held liable if its internal controls fail. Having a robust compliance program in place before November 5th is not just a good practice—it can be the difference between mitigating or facing criminal liability.

What types of offenses can generate criminal liability for a company under the new framework?

Offenses related to acts or omissions by representatives, management bodies, or employees of the company, particularly when there was a lack of adequate direction, supervision, or control by the organization.

Can a company avoid this liability if it has a compliance program?

Yes. The reform expressly recognizes that having an effective regulatory compliance and criminal risk prevention program is a factor that can 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, to identify gaps that could generate exposure under the new regime.