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Wander Franco's Case: What is next?

Dominican prosecutors sought 'coercive measures' against the Rays' Franco, 22, such as a financial bond of 5 million Dominican pesos, a travel ban from leaving the Dominican Republic

Tampa Bay Rays' baseball player, Wander Franco, is detained in Puerto Plata.

Tampa Bay Rays' baseball player, Wander Franco, is detained in Puerto Plata.Wander Franco

Avatar del Listín Diario
RAMÓN CRUZ BENZAN
SILVANA RODRÍGUEZ y carolina pichardo
Santo Domingo, DR

Dominican prosecutors filed on Wednesday that baseball player Wander Franco, accused of being in a relationship with a minor, be held on bond and barred from leaving the country.

These are the further stages in this case that is currently happening in the northern Dominican city of Puerto Plata.

On Wednesday at noon, prosecutors sought 'coercive measures' against the Rays' Franco, 22, such as a financial bond of 5 million Dominican pesos (approximately 86,000 dollars), a travel ban from leaving the Dominican Republic, and periodic court appearances. After that, the court sets a time and day to hear this request in the presence of prosecutors, the defendant, and orders notification to the plaintiffs' attorney.

Franco is scheduled to appear in front of a judge for the first time in this case on Friday, as confirmed by a source from Listin Diario. On that day, a judge hears the request, although this initial process could be extended for several days depending on its complexity. After it is concluded, the judge reviews the prosecutors' documents and those provided by Franco's lawyers.

Essentially, this court seeks to decide if there are enough elements for the investigation to continue. If not, the defendant is set to leave jail and obtain freedom. The Dominican Criminal Procedure Code indicates 'coercive measures' when the court sets bail, issues a stay of exit order, mandates periodic court appearances, orders the placement of an electronic shackle, enforces house arrest, or imposes preventive detention in jail.

If a judge of the 'Permanent Attention Court' imposes one of these coercive measures, it means the case still goes forward.

Afterwards, this court assigns the case to another court (instruction court), which becomes the 'control judge' overseeing the investigations conducted by the Public Prosecutor's Office. This judge continually reviews the imposed coercive measures and can approve any legal steps needed by both parties: prosecutors and the defendant.

When prosecutors present the formal accusation against the defendant for the trial or an audience, the control judge no longer has the power to review coercive measures or assist during the process.

Another judge takes charge of the case.

The accusation is then presented, and a court takes over the investigation, conducting the preliminary hearing or requesting to start a trial by the Public Prosecutor's Office. This process continues if an 'instruction judge' sends the defendant to trial, a stage led by three senior judges who will vote on the person's guilt or innocence.

If any of the parties are not satisfied with that decision, they can file an appeal with the Court of Appeal of that region. This appeal is heard by that court, which also consists of three senior judges. They may reconfirm the decision, present an annulment, or issue another sentence, depending on the circumstances.

If, again, any of the parties is dissatisfied with that decision, the case goes to the Supreme Court.

This court could annul the decision, request to open a trial, or reconfirm the verdict.

In case any of the parties claim rights violations throughout the process, it could be taken to the Constitutional Court, which is the final institution.

This Court could send it back to the Supreme Court for an Appeal for reversal.

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