11
59.
Articles 3, 4 and 13 of the Constitution
14
read as follows:
3.
The inviolability of the home. No home visit shall be authorized except in the cases that
the law determines and in accordance with the formalities that the law prescribes.
4.
Freedom of movement, with the restrictions that court-ordered sentences impose or
police, immigration and health laws prescribe.
13.
The right to property. Therefore, no one shall be deprived of property without justified
cause for public utility or social interest, and then only after payment of its fair value, as determined
by a judgment delivered by a competent court.
60.
Law No. 1683 on Naturalization, from April 16, 1948,
15
read as follows:
Art. 1 (Amended by Law 4063 of the 3355 G.O. 7811).
An alien who has come of age can acquire Dominican nationality after naturalization provided he:
(a) Has obtained a certificate of domicile in the Republic, according to Article 13 of the Civil Code,
for at least six months;
(b) Can provide evidence that he has resided for at least two consecutive years in the Republic;
(c) Can provide evidence that he has resided for at least six months in the country, and provided he
has founded and managed an industrial or agricultural business, or owns real estate in the
Republic.
(d) Has resided for six consecutive months in the country, if he is married to a Dominican woman at
the time of application for naturalization;
(e) Has, for at least three months, obtained from the Executive Branch, a certificate of domicile, in
accordance with Article 13 of the Civil Code and proves that he cultivates a plot of land of at least
thirty hectares.
61.
The relevant paragraphs of Immigration Law No. 95 of April 14, 1939,
16
are as follows:
Art. 10.c. paragraph three. – Persons born in the Dominican Republic are considered nationals of
the Dominican Republic, whether or not they are nationals of other countries. Therefore, they shall
use documents required of nationals of the Dominican Republic. Women who have obtained
Dominican nationality by marriage are exempt from this regulation.
Art. 13. a The following aliens shall be arrested and deported by order of the Secretary of State for
the Interior and Police or by any other official he designates for that purpose:
1) Any alien who, subsequent to the date of publication of this law, enters the Republic by means of
false or deceptive statements or without being inspected and admitted by the immigration
authorities at one of the designated points of entry;
2) Any alien who, subsequent to the publication of this law, enters the Republic without being
legally admissible at time of entry;
3) Any alien who is involved in or associated with activities calculated to subvert the Dominican
Government or trafficking in narcotics in violation of the law or who is engaged in other activities
contrary to public order and safety;
14
1994
Constitution
of
the
Dominican
Republic.
Available
http://pdba.georgetown.edu/Constitutions/DomRep/domrep94.html#mozTocId177135. Translation ours.
[in
Spanish]
at:
15
Available [in Spanish] at: http://www.dgii.gov.do/legislacion/LeyesTributarias/Documents/Ley1683.pdf.
16
Published in Official Gazette No. 5299. Available [in Spanish] at: http://www.acnur.org/biblioteca/pdf/0239.pdf?view=1.