22 of court costs; Fifth: The court rules that the vehicle involved in the accident be confiscated and 95 turned over to the Dominican State. . 92. On June 19, 2001, the Criminal Court of First Instance of Montecristi issued a parole 96 order for Félix Núñez Peña. 97 93. On September 23, 2002 , Thelusma Fortilus, Rosemond Dorzema, Nerve Fortilus, Alce Gyfranord, Alce Ruteau, Mirat Dorzema and Onora Thereneus, relatives of the Haitian victims who died on June 18, 2000, filed a private criminal action with the Judge of the Court for Preliminary Criminal Proceedings of the Judicial District of Montecristi given that, among other things, “the crime committed by the accused was not a military or police offense but a common law offense, and therefore, it falls under 98 the jurisdiction of ordinary justice.” However, according to the information provided by the petitioners, which the State did not contest, the Court declined its competence due to the existence of investigative proceedings into the same facts under military jurisdiction. 94. The Military and Police Court Martial scheduled a hearing for February 5, 2003. 99 95. On March 5, 2004, the Exceptional Military Jurisdictional Authority [Instancia Jurisdiccional Militar de Excepción] issued a judgment which determined that: FIRST: First Lieutenant SANTIAGO FLORENTINO CASILLA, National Army, and Cadet BERNARDO DE AZA NUÑEZ, Navy, are declared guilty of violating Articles 295 and 304 of the Dominican Criminal Code to the detriment of MAXIMO RUBEN DE JESUS ESPINAL, the Haitian nationals YACHI MASIME, NOUPADY FORTILUS, ROSELAINE THERNEUS GEMILAR ALCE, FAVIA DOZEMA and NADGE DEZEMA, and are therefore sentenced to five (5) years in prison to be served in the La Victoria National Penitentiary. SECOND: Lieutenant Colonel FERISON LAGRANCE VARGAS, Dominican Air Force, is declared guilty of violating Articles 295 and 304 of the Dominican Criminal Code, and taking into account the 100 attenuating circumstances established in Article 463 of the cited Criminal Code, was sentenced to prison (prisión correccional),” consisting of thirty (30) days suspension from duty under the provisions of Article 107, last section of the article, of the Armed Forces Code of Justice. 95 Certification issued by the Criminal Chamber of the Court of First Instance of the Judicial District of Montecristi on June 8, 2009, Annex. Judgment No. 239-2001-00023. 96 Certification issued by the Criminal Chamber of the Court of First Instance of the Judicial District of Montecristi on June 8, 2009. State document dated June 29, 2009. Annex. 97 The date of the document is September 30, 2002, but the certificate issued by the court for preliminary criminal proceedings indicates that the court received the recourse on November 18, 2002. 98 Petitioners’ document dated May 5, 2009, Annex 44. Petitioners’ document dated November 26, 2005. Annex. 99 Certification dated February 7, 2003, Office of the Secretary of State of the Armed Forces. Petitioners’ document dated November 26, 2005. Annex. 100 Art. 463.- Whenever there are attenuating circumstances benefitting the defendant, the courts shall modify the punishment in accordance with the following scale: 1st .- Whenever the law establishes a sentence of thirty years to labor in public works, the maximum degree of punishment to labor in public works shall be imposed. However, if the offense is a crime against the internal or external security of the State, the criminal court in issuing a guilty verdict shall place the accused under the jurisdiction of the government in order that they may be expelled or banished from the territory; 2nd .- Whenever the law establishes the maximum penalty of labor in public works, the punishment imposed shall be from three to ten years of labor in public works, and the punishment will be the same even in cases of confinement, when there are two or more attenuating circumstances in favor of the defendant.; 3rd .- whenever the law establishes that an offense be punished with the penalty of labor in public works that is not the maximum, the courts may reduce the penalty to confinement or to prison for a period at least a year, unless the law allows the prison penalty to be reduced further; 4th .- Whenever the penalty is confinement, detention, exile or civilian demotion, the courts shall impose a prison term of at least two months; 5th . Whenever the Code establishes the maximum of a sentence for a felony crime, and there are attenuating circumstances in favor of the defendant, the courts shall impose the minimum of the penalty and could even impose a lower penalty should they deem it appropriate; 6th .- Whenever the Code establishes prison penalty and fines simultaneously, the criminal courts, if there are attenuating circumstances, are authorized to reduce prison time to less than six days, and fines to less than five (5) pesos, even in cases of recidivism. The courts shall also be able to impose one or another of the penalties described in this paragraph and even substitute prison time with a fine, although the penalty imposed shall never be lower than those imposed by police officers.