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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-149/1855/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 149 - Issuance of Checks Without Sufficient Funds (§§ 1851 — 1856)›§ 1855 - Failure to pay after notice as evidence of intent to defraud
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 149 - Issuance of Checks Without Sufficient Funds (§§ 1851 — 1856) › § 1855 - Failure to pay after notice as evidence of intent to defraud
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The failure of the person who drew, signed, endorsed, or delivered said check, draft, letter of credit, or order, to make payment after said notice, shall be prima facie evidence of the intent to defraud.
History —Apr. 25, 1934, No. 26, p. 278, § 5, eff. 90 days after Apr. 25, 1934.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-149/1856/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 149 - Issuance of Checks Without Sufficient Funds (§§ 1851 — 1856)›§ 1856 - Payment relieves of criminal liability
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 149 - Issuance of Checks Without Sufficient Funds (§§ 1851 — 1856) › § 1856 - Payment relieves of criminal liability
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The payment of the check, letter of credit, draft, or order within the terms specified shall relieve of criminal liability the person who issued or endorsed said draft, letter of credit, check, or order.
History —Apr. 25, 1934, No. 26, p. 278, § 6, eff. 90 days after Apr. 25, 1934.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-151/1881/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 151 - Violation of Lease (§ 1881)›§ 1881 - Violation of provision of lease for services or facilities
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 151 - Violation of Lease (§ 1881) › § 1881 - Violation of provision of lease for services or facilities
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Any lessor, agent, manager, administrator, superintendent, person in charge, or concierge of a building or part thereof, that in the lease or rental agreement whereof, by its expressed or implied terms requires the furnishing of hot or cold water, electric power, elevator services, telephone services or other service or facility to any occupant of said building, who willfully and intentionally fails to furnish said water, electric power, elevator service, telephone service or other service or utility at any time when the same are necessary for the proper and customary use of such building or part thereof, or any lessor, agent, manager, superintendent, administrator, person in charge or concierge, who willfully and intentionally interferes with the peaceful enjoyment of the property leased by such occupant, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by imprisonment for a term of not more than ninety (90) days, or both penalties at the discretion of the court. Provided, That the provisions of this section shall not be applicable when the tenant has failed to pay the rent for three (3) consecutive months or more, after having been required said payment through a notice by certified mail with receipt requested, allowing five (5) working days from its receipt to make the payment, and warning him/her that otherwise, the services included in the lease contract shall be cancelled.
History —Nov. 21, 1941, No. 35, p. 124, § 1; Aug. 15, 1999, No. 255, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-164/2091/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 164 - Entering or Remaining in Buildings or Lands of Schools and Colleges Without Permission (§ 2091)›§ 2091 - Entering or remaining without authorization
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 164 - Entering or Remaining in Buildings or Lands of Schools and Colleges Without Permission (§ 2091) › § 2091 - Entering or remaining without authorization
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(a) Any person who enters the building or grounds of a maternal infant care, pre-school, or extended care center for school-age children, Head Start center, an elementary, junior, or senior high school, a private or public school in Puerto Rico, without the permission of the director or person in charge thereof, his/her substitute, or official or employee of a higher rank, or who, having completed a legitimate purpose in the building or grounds of said previously enumerated educational institutions or child care centers, remains within them after having been directed to leave the building or grounds thereof by the director or person in charge thereof, his/her substitute, a teacher thereof, or by any official or employee of a higher rank, or by a Commonwealth police officer or municipal or school guard, or any person in charge of the vigilance of any of the institutions mentioned in this section shall incur a misdemeanor. Upon conviction, said person shall be punished by a fine which shall not exceed five thousand dollars ($5,000), or by imprisonment which shall not exceed six (6) months, or both penalties, at the discretion of the court. Any person subsequently convicted for the same offense, regardless of the place where the act is committed, shall be guilty of a fourth degree felony. Said offender shall be punished by a fine which shall not exceed ten thousand dollars ($10,000), or by imprisonment for a term of not less than six (6) months and one (1) day, nor more than three (3) years, or both penalties, at the discretion of the court. Such person may be considered for parole by the Parole Board after serving fifty percent (50%) of the sentence imposed.
After the regular school hours of such institutions, it shall be a misdemeanor not to obey the orders of a Commonwealth law enforcement officer or municipal guard, or of any person in charge of the vigilance of any of the aforesaid institutions, to leave the buildings and/or grounds of the school or college. Every first conviction for violation of this provision shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment for a term of not more than six (6) months, or both, at the discretion of the court. Any person subsequently convicted for the same offense, regardless of the place where the act is committed, shall be guilty of a fourth degree felony. Said person shall be punished by a fine which shall not exceed ten thousand dollars ($10,000), or by imprisonment for a term of not less than six (6) months and one (1) day, nor more than three (3) years, or both penalties, at the discretion of the court. Such person may be considered for parole by the Parole Board after serving fifty percent (50%) of the sentence imposed.
(b) The provisions of subsection (a) shall not apply to:
(1) Parents or legal guardians of a student attending one of the previously mentioned educational institutions in a legitimate function in connection with said educational institution, with his son or pupil or with any teacher, officer or employee of said educational institution;
(2) students attending same, unless a contrary official order has been issued;
(3) officers, employees and teachers of the previously mentioned educational institutions, and
(4) Persons fulfilling a legitimate transaction in connection with the previously mentioned educational institutions, or with any teacher, student, officer or employee of said educational facilities. In case of doubt or confusion about the legitimate transaction being conducted, the Director or person in charge thereof shall determine whether access is to be authorized or not. If access is denied and the person refuses to leave, he/she shall be subject to the provisions of subsection (a) of this section.
(c) If during the trial of any person accused of having committed the crime mentioned in subsection (a) of this section, [and] the entrance or loitering within the educational institution in question is proven, said proof shall be considered as a disputable presumption that the accused committed the imputed crime.
History —May 16, 1972, No. 30, p. 57; June 30, 1977, No. 135, p. 402, § 1; Sept. 9, 1983, No. 2, p. 341; Sept. 9, 1996, No. 208, § 1; Aug. 12, 2011, No. 182, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2158/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2158 - Interception of telephone communications prohibited
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2158 - Interception of telephone communications prohibited
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No person shall intercept or attempt to intercept in any manner whatsoever any telephone communication transmitted or received between any points within the jurisdiction of the Commonwealth of Puerto Rico, for the purpose of learning its contents or of permitting any other person to learn such contents.
History —June 10, 1953, No. 66, p. 220, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2159/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2159 - Interception of telephone communications prohibited—Publication
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2159 - Interception of telephone communications prohibited—Publication
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No person who has in any manner received an intercepted telephone communication, or who has learned the contents, substance, purpose, effect or scope of such communication or any part thereof, knowing that such information was thus obtained, shall divulge or publish the existence, contents, substance, purpose, effect or scope thereof, or any information therein contained. Provided, That any person who, not knowing that said information was obtained in violation of this section, shall divulge or publish the existence, contents, substance, purpose, effect or scope thereof, shall be under obligation to disclose the source of his knowledge, and if he refuses to do so, he shall be guilty of the offense and subject to the penalty established in § 2162 of this title.
History —June 10, 1953, No. 66, p. 220, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2160/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2160 - Interception of telephone communications prohibited—Recording
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2160 - Interception of telephone communications prohibited—Recording
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No party to a telephone communication, nor any other person foreign thereto, shall record any telephone communication by means of any mechanical procedure or device, or permit any other person to listen in on such communication by means of an extension phone or otherwise without the express consent of all parties to such telephone communication.
History —June 10, 1953, No. 66, p. 220, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2161/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2161 - Interception of telephone communications prohibited—Inadmissible as evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2161 - Interception of telephone communications prohibited—Inadmissible as evidence
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The courts shall not admit any evidence obtained in violation of §§ 2158, 2159 and 2160 of this title.
History —June 10, 1953, No. 66, p. 220, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2162/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2162 - Interception of telephone communications prohibited—Penalties
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2162 - Interception of telephone communications prohibited—Penalties
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Any person violating the provisions of any of §§ 2158, 2159 and 2160 of this title shall be guilty of a misdemeanor and upon conviction punished by a fine not exceeding five thousand dollars ($5,000), and, in addition to such fine, he may be punished by imprisonment for a term not exceeding five (5) years.
History —June 10, 1953, No. 66, p. 220, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2163/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2163 - Unlawful use of telecommunication services—Prohibitions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2163 - Unlawful use of telecommunication services—Prohibitions
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Any natural or juridical person who attempts to defraud or who is an accomplice of another person to defraud any natural or juridical person of any lawful charge, in whole or in part, for any telecommunications service, including the Internet, or who prevents or attempts to prevent or who instigates or assists another person to prevent or attempts to prevent such charges for said service, shall be guilty of a misdemeanor:
(a) Charging said service to an existing account, telephone number or credit card without the authorization of the subscriber or the legitimate holder of same; or
(b) charging said service to a non-existing account, telephone number or credit card number, false, fictitious or forged, or to an account, telephone number or credit card, suspended, annulled, expired, cancelled or revoked; or
(c) using a code, preconceived device, or any stratagem or plan whereby said person, in fact, sends or receives information, or
(d) restructuring, altering or making connection with any facilities or equipment of a telephone company or any telecommunications enterprise, whether physically, by induction, acoustically, electronically or using said service knowing that such restructuring, alteration or connection existed or occurred.
The person guilty of the offense defined by §§ 2163—2165 of this title shall be punished by a fine which shall not exceed the sum of one hundred dollars ($100), or by imprisonment in jail for a term not to exceed thirty (30) days, or both penalties in the discretion of the court, whenever the charge for the service obtained or attempted to obtain by such actions does not exceed fifty dollars ($50); if the charge of the service obtained or attempted to obtain by such action exceeds fifty dollars ($50), said person shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment in jail for a term not to exceed one year, or both penalties, in the discretion of the court.
History —May 29, 1968, No. 62, p. 104, § 1; Oct. 5, 1999, No. 311, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2164/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2164 - Unlawful use of telecommunication services—Manufacture, possession or transfer of equipment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2164 - Unlawful use of telecommunication services—Manufacture, possession or transfer of equipment
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Any natural or [juridical] person shall be guilty of a misdemeanor who:
(a) Manufactures or owns any instrument, apparatus, equipment or device designed, adapted or that may be used to:
(1) Fraudulently avoid a lawful charge for any telecommunication service in violation of § 2163 of this title, or
(2) conceal, or to assist another in concealing from any provider of services of telecommunications or of any legal authority the existence or place of origin or destination of any telecommunication; or who
(b) sells, gives or in any other manner transfers to another or offers or advertises to sell, give or in any other manner transfers, any instrument, apparatus, equipment or device described in subsection (a) of this section, or who plans or instructs the manufacture or assembling of same, under circumstances evidencing the intention of using or employing said instruments, apparatuses, equipment or devices, or allowing that same be used or employed for any purpose as described in clauses (1) and (2) of subsection (a) of this section knowing of the intentions of using the plans and instructions above mentioned for the manufacture or assembling of said instruments, apparatuses, equipment or devices.
The person convicted of the offense defined by this section shall be punished by imprisonment in jail for a term of not less than three (3) months nor more than one year, or by a fine for the sum of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both penalties, in the discretion of the court.
History —May 29, 1968, No. 62, p. 104, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2165/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2165 - Unlawful use of telecommunication services—Inapplicability to emergency and public service...
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2165 - Unlawful use of telecommunication services—Inapplicability to emergency and public service communications
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Nothing herein provided shall be applicable to emergency and public service communications carried out by amateur radio-operator holders of licenses issued by the Federal Communications Commission without payment of charges by said licensees; Provided[, That] nothing herein contained shall exempt any person from the payment of legal tariffs of any telecommunications company.
History —May 29, 1968, No. 62, p. 104, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2166/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2166 - Communications of an obscene nature or with the intention of molesting; penalties
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2166 - Communications of an obscene nature or with the intention of molesting; penalties
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There shall be guilty of public offense in the Commonwealth of Puerto Rico any person who, by means of a telephone communication:
(a) Makes any remark, solicitation, insinuation, or obscene, lascivious or indecent proposition; or
(b) makes a telephone call, whether the conversation be established or not, without revealing his identity and with the intention of molesting, abusing, frightening or threatening any person who is at the place of the telephone called to; or
(c) who causes the telephone of another person to ring repeatedly and continuously with the intention of molesting any person at the telephone called to; or
(d) repeatedly makes telephone calls, whose sole purpose through the conversation is aimed at molesting any person at the telephone called to, or
(e) knowingly permits that any telephone under his control be used for any purpose forbidden by §§ 2166 and 2167 of this title. The person found guilty of the offenses created by §§ 2166 and 2167 of this title shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in jail for a term of not less than thirty (30) days nor more than one year, or by both penalties in the discretion of the court.
History —June 6, 1968, No. 76, p. 130, § 1, eff. 90 days after June 6, 1968.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167/2167/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167)›§ 2167 - Warning in telephone books
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167 - Offenses Against the Telegraph and Telephone Service (§§ 2151 — 2167) › § 2167 - Warning in telephone books
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All telephone books hereinafter published and distributed to the general public shall contain a notice explaining §§ 2166 and 2167 of this title, which shall appear in printed type not to be smaller than any other type on the same page, preceded by the word “Warning.” The provisions of this section shall not be applicable to telephone books used exclusively for commercial advertisements commonly known as “classified listings,” except when same circulate separately from the general telephone book.
History —June 6, 1968, No. 76, p. 130, § 2, eff. 90 days after June 6, 1968.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167a/2168/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171)›§ 2168 - Prohibition of reproduction, transfer, copying, pressing, labeling, advertising and sale of...
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2168 - Prohibition of reproduction, transfer, copying, pressing, labeling, advertising and sale of sound recordings and live performances
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The reproduction, transfer, copying, pressing, labeling, advertising and sale of sound recordings made before February 15, 1972, without the authorization of the owner, and of live performance recordings and recordings not labeled with the true name and address of the manufacturer with the purpose of distributing them in the Commonwealth of Puerto Rico, so as to obtain personal financial gain and commercial benefits is hereby prohibited.
History —July 28, 1994, No. 43, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167a/2169/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171)›§ 2169 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2169 - Definitions
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For the purposes of this chapter, the words and phrases stated below shall have the following meaning, except when the context clearly indicates otherwise:
(a) Pressing. — Means incorporating material in a recording or other tangible medium of expression by its author or with his/her authorization, so that the material incorporated is sufficiently permanent or stable to allow it to be perceived, reproduced or otherwise communicated during a period of time which is not transitory.
(b) Live performance. — Means a recital, presentation or performance of a series of musical or spoken images, or of sound, or a combination of images and sounds.
(c) Manufacturer. — Means the entity which authorizes the duplication of the special recording in question, but does not include the manufacturer of the slipcase or the wrapping.
(d) Owner. — Means the person who owns the sounds pressed, or contained on a master phonograph record, a master record, master tape, master film or any other recording on which sounds have been recorded or may be recorded and from which the sounds that have been presssed and transferred are directly or indirectly derived.
(e) Person. — Means any individual, partnership, corporation or association or any other legal entity.
(f) Recording. — Means a tangible medium in which sounds, images or both are recorded or otherwise stored, including original phonograph records, records, compact discs, audio and video tapes, wire communication, films or other media now in existence or to be developed in the future, and on which sounds, images or both, are recorded or may be recorded or otherwise stored, or a copy or reproduction which totally or partially duplicates the original.
(g) Tangible media of expression. — Means the material object on which sounds, images or a combination of both, are pressed using any method known today or to be developed in the future, and from which sounds, images or a combination of both may be perceived, reproduced or otherwise communicated, be it directly or with the help of a machine or device.
(h) Transfer. — Means to duplicate a recording from one tangible medium of expression to another.
(i) True name and address. — Means the real name and address of the manufacturer who authorizes the duplication of the recording in question.
History —July 28, 1994, No. 43, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167a/2170/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171)›§ 2170 - Reproduction, live performances and labeling without the owners’ authorization
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2170 - Reproduction, live performances and labeling without the owners’ authorization
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The penalty of imprisonment and a fine, as provided below, shall be imposed on any person who violates the provisions of §§ 2169—2171 of this title in any of the following modalities:
(a) Regarding recordings pressed for the first time prior to February 15, 1972, any person who knowingly, maliciously and fraudulently:
(1) Reproduces for sale or induces the transfer of a recording with intent to sell it, or induces the sale, or uses it, or induces its use to obtain personal financial gain or commercial benefit without the consent of the owner; or
(2) transports a recording within the territorial boundaries of the Commonwealth of Puerto Rico with the knowledge that the sounds have been transferred without the consent of the owner, in order to obtain personal financial gain or commercial benefit, or
(3) promotes, offers for sale, sells or rents or induces the sale, resale or rental, or possesses for one (1) or more of these purposes, any recording about which the person has knowledge of the fact that it has been [reproduced] or transferred without the consent of the owner, shall be charged with a felony and upon conviction shall be sanctioned with:
(A) A felony in the fourth degree in its inferior half, if the crime involves less than one hundred (100) sound recordings made without the authorization of the owner during any period of time;
(B) a felony in the fourth degree in its superior half, if the crimes involves more than one hundred (100) but less than one thousand (1,000) sound recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(C) a felony in the third degree in its inferior half, should the following circumstance exist:
(i) If the crime involves at least one thousand (1,000) sound recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(ii) if the accused has been previously convicted of the same crime.
(b) Any person who knowingly, maliciously and fraudulently:
(1) Promotes, offers for sale, sells, rents, transports or induces the sale, resale, rental or transportation or possesses recording of live performances obtained without the consent of the owner, in order to obtain personal financial gain or commercial benefit, or
(2) records, prints or induces the recording or printing of a live performance with intent to sell the aforesaid without the consent of the owner in order to obtain personal financial gain or commercial benefit, shall be charged with a felony and upon conviction shall be sanctioned with:
(A) A felony in the fourth degree in its inferior half, if the crime involves less than one hundred (100) sound recordings made without authorization or at least sixty-five (65) audiovisual recordings during any period of time.
(B) A felony in the fourth degree in its superior half, should the following circumstances exist:
(i) If the crime involves more than one hundred (100) but less that one thousand (1,000) sound recordings made without the authorization of the owner, or
(ii) more than seven (7) but less than sixty-five (65) audiovisual recordings made without the authorization of the owner during a period of one hundred and eighty (180) days.
(C) A felony in the third degree in its inferior half, should the following circumstances exist:
(i) If the crime involves at least one thousand (1,000) sound recordings or at least sixty-five (65) audiovisual recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(ii) if the accused has been previously convicted of the same crime.
(c) Any person who knowingly, maliciously and fraudulently:
(1) Promotes, offers for sale, sells, rents, transports or induces the sale, resale, rental or transportation or possesses a recording in order to obtain personal financial gain or commercial benefit when the cover, box, label or packaging of the recording fails to clearly show in a prominent place the true name and address of the manufacturer, shall be charged with a felony and upon conviction shall be sanctioned with:
(A) A felony in the fourth degree in its inferior half, if the crime involves less than one hundred (100) sound recordings made without the authorization of the owner or less than seven (7) audiovisual recording made without the authorization of the owner during any period of time.
(B) A felony in the fourth degree in its superior half, should the following circumstances exist:
(i) If the crime involves more than one hundred (100) but less that one thousand (1,000) sound recordings made without the authorization of the owner during a period of one hundred and eighty (180) days, or
(ii) more than seven (7) but less than sixty-five (65) audiovisual recordings made without the authorization of the owner during a period of one hundred and eighty (180) days.
(C) A felony in the third degree in its inferior half:
(i) If the crime involves at least one thousand (1,000) sound recordings made without authorization, or at least sixty-five (65) audiovisual recordings made without authorization during a period of one hundred and eighty (180) days, or
(ii) if the accused has been previously convicted of the same crime.
(d) Any juridical person who violates the provisions of this section shall be imposed the fines established in the Puerto Rico Penal Code to those [effects]. Any natural person who violates the provisions of this section shall be imposed the following fines depending on the classification of the crime:
(1) A felony in the fourth degree in its inferior half: a fine not to exceed $25,000.00.
(2) A felony in the fourth degree in its superior half: a fine of not less than $25,001.00, not to exceed $150,000.00.
(3) A felony in the third degree in its inferior half: a fine of not less than $150,001.00, not to exceed $250,000.00.
History —July 28, 1994, No. 43, § 3; Feb. 20, 2007, No. 12, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-1/part-xi/chapter-167a/2171/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204)›PART XI - Crimes Against Property (§§ 1561 — 2171)›Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171)›§ 2171 - Presumption that the performer in a live perfomance is the owner of the copyright to record...
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 1 - Penal Code of 1937 and Miscellaneous Laws (§§ 1 — 2204) › PART XI - Crimes Against Property (§§ 1561 — 2171) › Chapter 167A - Sound and Live Performance Recordings (§§ 2168 — 2171) › § 2171 - Presumption that the performer in a live perfomance is the owner of the copyright to record in absence of written contract; black market recordings
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In case of live performances it is presumed that the performer is the owner in the absence of a written contract; contraband recordings [sic].
All recordings that have been pressed, transferred or possessed without the consent of the owner, and any recordings which do not include the true name and address of the manufacturer, with regard to the provisions of § 2170 of this title, shall be deemed to be black market recordings.
The owners or their legal representatives, as well as the Commonwealth of Puerto Rico, may bring before the court any proceedings that may be applicable to confiscate contraband recordings, and once the violation has been established, the court shall order the seizure, confiscation and destruction of the material seized. Provided, That this does not limit the power to seize without a judicial order of the Commonwealth solely in those cases provided by law or recognized by the jurisprudence.
Lack of knowledge of the provisions of this section shall not exempt the manufacturer, distributor, merchant or owner from penal or civil liability who, whether intentionally or not, incurs a violation thereof.
History —July 28, 1994, No. 43, § 4; Feb. 20, 2007, No. 12, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4013/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4013 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4013 - Definitions
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For the purposes of §§ 4013—4026 of this title, the following terms shall have the meaning stated below:
(a) Stalking. — Means a pattern of behavior of vigilance, over a person; unwanted verbal or written communications are sent repeatedly to a specific person; written, verbal or implicit threats are made against a specific person; repeated acts of vandalism are directed to a specific person; repeated harassment through words, gestures or actions intended to intimidate, threaten or pursue the victim or members of his/her family.
(b) Persistent behavior pattern. — Means to make in [sic] two (2) or more occasions acts that show the intentional purpose of intimidating a specific person or his/her family members.
(c)
(1) Family. — Means: Spouse, son, daughter, father, mother, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece, male or female cousin of the victim; or other relative by consanguinity, or affinity who is part of the family nucleus.
(2) A person who lives or has formerly cohabited with the victim as a couple; or has been involved in a relationship as a paramour or lover.
(3) A person who resides or has resided in the same dwelling as the victim, for at least six (6) months before the acts constituting stalking are evident.
(d) Intimidate. — Means any repeated action or word that instills terror in the animus of a prudent and reasonable person, to the effect that [he/]she, or any member of the family could suffer harm, personally, or of [his/]her property, and/or exert moral pressure on the animus of the person to perform an act against [his/]her will.
(e) Restraining order. — Means any written order under the seal of a court whereby the measures are dictated to an offender to abstain from incurring or performing certain acts that constitute stalking.
(f) Respondent. — Means any person against whom an order of protection is requested.
(g) Petitioner. — Means any person who requests a restraining order.
(h) Court. — Means the Trial Court of the General Court of Justice.
(i) Police officer. — Means any member or officer of the Police of Puerto Rico; or a municipal policeman duly trained and accredited by the Police of Puerto Rico.
History —Aug. 21, 1999, No. 284, § 3; Sept. 8, 2000, No. 394, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4014/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4014 - Delinquent conduct; penalties
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4014 - Delinquent conduct; penalties
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(a) Any person who intentionally exhibits a constant or repetitive pattern of stalking directed at intimidating a specific person to the effect that said person or any member of his/her family could suffer personal or property damage; or that maintains said type of conduct knowing that a certain person could reasonably feel intimidated, shall be guilty of a misdemeanor.
The court may order restitution in addition to the term of imprisonment thus imposed.
(b) Stalking, as classified in this chapter, shall constitute a fourth-degree felony, if one or more of the following circumstances exist:
(1) The dwelling of a certain person or a member of his/her family is entered, thus instilling fear of suffering physical injury, and/or exerting moral pressure on the person’s animus to perform an act that is against his/her will; or
(2) grave bodily injury is inflicted on a certain person or a member of his/her family; or
(3) it is committed with a deadly weapon in circumstances not intended to kill or mutilate; or
(4) it is committed after a restraining order has been issued against the offender, in aid of the victim of stalking or other person who is also stalked by the offender; or
(5) an act of vandalism is committed that destroys property in the places that are adjacent or relatively close to the home, residence, school, workplace, or vehicle of a certain person or member of the family; or
(6) is committed by an adult against a child, or
(7) is committed against a pregnant woman.
(8) When committed against a person with whom he/she has an affective or intra-family relationship in a shared household where no intimate relationship has ever existed, as defined by §§ 601 et seq. of Title 8.
The court may impose the penalty of restitution in addition to the established term of imprisonment. The prosecution and punishment of any person for the crime defined and punished in §§ 4013—4026 of this title, shall not prevent the prosecution and punishment of the same person for any other act or omission in violation of any of the other provisions of §§ 4013—4026 of this title, or any other act.
History —Aug. 21, 1999, No. 284, § 4; Sept. 8, 2000, No. 394, § 2; Sept. 16, 2004, No. 376, § 1; May 29, 2013, No. 23, § 13.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4015/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4015 - [Issuance] of restraining orders
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4015 - [Issuance] of restraining orders
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(a) Any person who has been a victim of stalking, or conduct that constitutes the crime, as typified in §§ 4013—4026 of this title, part of the Penal Code of the Commonwealth of Puerto Rico, or in any other special act, may file a petition per se, through his/her legal counsel or by a police agent to the court requesting a restraining order, without the need of a prior filing of an accusation or charge.
(b) When the court determines that there are sufficient motives to believe that the petitioner has been the victim of stalking, the same may issue a protection order and order the defendant to surrender to the Puerto Rico Police for custody, whether on a temporary, indefinite or permanent basis, any firearm in relation to which the defendant has been issued a license to bear and own or to carry firearms or for target-shooting, or both, as the case may be, and the court shall order the suspension of the firearms license of the defendant under the same terms. Said order may also include but is not limited to the following:
(1) Direct the respondent party to abstain from disturbing, harassing, pursuing, intimidating, threatening or performing any other act that constitutes stalking under §§ 4013—4026 of this title, directed to the petitioner.
(2) Direct the respondent party to abstain from entering any place where the petitioning party is found, when, in the discretion of the court said limitation is necessary to prevent the respondent party from disturbing, intimidating, threatening or otherwise stalking and/or interfering with the petitioner or a member of his/her family.
(3) Direct the respondent party to pay pecuniary compensation for damages caused by conduct that constitutes stalking. Said compensation may include, but shall not be limited to compensation for moving expenses, expenses for repair of the property, legal expenses, medical and psychiatric expenses, psychological and counseling expenses, guidance, lodging, and other similar expenses, without prejudice to other civil procedures to which the petitioner would be entitled.
(4) Issue any order that is needed to comply with the purposes and the public policy of §§ 4013—4026 of this title.
(5) Order the respondent to vacate the residence he/she shares with the petitioner, regardless of the right claimed over the same; provide any temporary measure regarding the use and possession of the residence that the respondent was ordered to vacate and any personal property therein; order the owner or person in charge of the residence that the respondent was ordered to vacate to take any necessary measures to prevent the violation of said court order; and issue any order needed to carry out the purposes and public policy of §§ 4013—4026a of this title.
(c) Any trial court judge may issue a restraining order pursuant to §§ 4013—4026 of this title. Every restraining order may be reviewed, in the appropriate cases, in the Circuit Court of Appeals.
(d) Any person may request the civil remedies established in §§ 4013—4026 of this title in his/her behalf, or in behalf of any other person who suffers a physical or mental disability, in case of an emergency or when the person is prevented from requesting it in person.
History —Aug. 21, 1999, No. 284, § 5; Sept. 16, 2004, No. 376, § 2; Sept. 30, 2004, No. 542, § 2; May 29, 2013, No. 23, § 14.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4016/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4016 - Procedure for the [issuance] of restraining orders
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4016 - Procedure for the [issuance] of restraining orders
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(a) The procedure [for obtaining] a restraining order may commence through the filing of a verbal or written petition; or in any case that is pending between the parties; or by request of the District Attorney in a criminal procedure, or as a condition to enjoy a suspended sentence or parole.
(b) To expedite the procedure for interested parties to obtain a restraining order under §§ 4013—4026 of this title, the Office of the Courts Administration shall have forms available in the Office of the Clerk of the Courts of Puerto Rico, to request and execute said order. It shall also provide the help and guidance needed to complete and present them.
(c) Once the petition for a restraining order has been filed pursuant to the provisions of §§ 4013—4026 of this title, the court shall issue a summons to the parties, to appear within a term that shall not exceed five (5) days, under admonition of contempt. Notice of the summons and a copy of the petition shall be executed pursuant to the Puerto Rico Rules of Civil Procedure of 2009, as amended, and shall be served by an officer of the court or by any other police officer, as soon as possible, and shall have preference over any other type of summons, except those similar in nature. The court shall keep a file for each case in which it shall record every summons issued under §§ 4013—4026 of this title.
(d) Failure of a person who has been duly summoned under §§ 4013—4026 of this title to appear, shall be punished as criminal contempt to the court that issued the summons.
(e) When the petition is filed, the notice thereof shall be executed pursuant to what is established in the Puerto Rico Rules of Civil Procedure of 2009, as amended. By request of the petitioners, the court may direct for the petition to be served by any person over eighteen (18) years of age who is not a party to, nor has any interest in the case.
History —Aug. 21, 1999, No. 284, § 6, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4017/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4017 - Ex parte orders
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4017 - Ex parte orders
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The court may issue an ex parte restraining order, if it determines that:
(a) Diligent efforts have been made to serve the respondent party with a copy of the summons issued by the court, and of the petition that was filed before the court and has not been successful; or
(b) there is a probability that giving prior notice to the respondent party, would provoke the irreparable damage that is intended to be prevented by requesting the restraining order, or
(c) the petitioner shows that there is a substantial probability of imminent risk to the safety of the petitioner and/or any member of his/her family.
Whenever the court issues an ex parte restraining order, it shall be done provisionally. It shall immediately serve the respondent party with a copy thereof, or otherwise, and shall provide an opportunity to him/her to oppose it. To such effects it shall schedule a hearing to be held within five (5) days following the issuing of said ex parte order, unless the petitioning party requests an extension, to such effect. During said hearing, the court may render the order ineffective, or may extend its effect for whatever term it deems necessary.
History —Aug. 21, 1999, No. 284, § 7, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4018/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4018 - Contents of the restraining order
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4018 - Contents of the restraining order
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(a) Every restraining order shall specifically establish the orders issued by the court, the remedies ordered and the effective term thereof.
(b) Every restraining order shall establish the date and hour that it was issued and specifically notify the parties that any violation thereof shall constitute contempt of the court.
(c) Any ex parte restraining order shall include the date and hour it was issued, and shall indicate the date, time and place that the hearing for the extension or cancellation thereof will be held, and the reasons for which it was necessary to issue said ex parte order.
(d) All restraining orders shall meet the requirements established by §§ 2261, 2261A, 2262 and 2265 of the Violence against Women Act (VAWA), Title IV, P.L. 103-322 of the Violent Crime Control and Law Enforcement Act, including the requirements of due process of law to the defendant. All restraining orders shall establish that it shall be effective in any jurisdiction of the United States; provided that a violation to the same may result in arrest in any jurisdiction of the United States and that it shall be included in the Restraining Orders Registry.
Every restraining order issued by a court shall be issued on a form that is substantially equal in content to the one incorporated as a guide in §§ 4013—4026 of this title.
History —Aug. 21, 1999, No. 284, § 8; Sept. 8, 2000, No. 394, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4019/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4019 - Notice to the parties and law enforcement officers
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4019 - Notice to the parties and law enforcement officers
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(a) A copy of every restraining order shall be filed in the Office of the Clerk of the Court that issues it. The clerk of the court shall provide a copy thereof, by petition of the parties or of any interested party.
(b) Any order issued under §§ 4013—4026 of this title must be served personally to the respondent party, whether through a bailiff of the court, or police officer, or any person over 18 years of age who is not a party to, nor has an interest in the case, pursuant to the procedure established in the Rules of Civil Procedure of Puerto Rico, as amended, App. V of Title 32.
(c) The clerk of the court shall remit copies of the orders issued under §§ 4013—4026 of this title to the Police office in charge of keeping a record of the orders issued.
(d) The Police of Puerto Rico shall offer adequate protection to the party in whose benefit the restraining order is issued.
History —Aug. 21, 1999, No. 284, § 9, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4020/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4020 - Failure to comply with restraining orders
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4020 - Failure to comply with restraining orders
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Any intentional violation of a restraining order issued pursuant to §§ 4013—4026 of this title, shall be punished as a misdemeanor, which will not impair his/her criminal liability under § 4014(b)(1) of this title or any other penal statute, and shall constitute contempt of court, which could result in a penalty of imprisonment, a fine, or both penalties.
Notwithstanding what is provided by Rule 11 of the Rules of Criminal Procedure, as amended, App. II of Title 34, even though there were no order to such effect, every police officer shall make an arrest, if a restraining order issued under §§ 4013—4026 of this title or a similar act is filed against the person to be arrested, or if it is determined that there is such an order by communicating with the pertinent authorities and there are grounds to believe that the provisions thereof have been violated.
History —Aug. 21, 1999, No. 284, § 10, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4021/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4021 - Duty to make an arrest upon filing restraining order
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4021 - Duty to make an arrest upon filing restraining order
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Every law enforcement officer shall make an arrest, if he is presented a restraining order issued under §§ 4013—4026 of this title, or a similar act against the person to be arrested, or if he/she determines that said order exists by communicating with the pertinent authorities, and has grounds to believe that the provisions thereof have been violated.
History —Aug. 21, 1999, No. 284, § 11, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4022/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4022 - Drafting of reports
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4022 - Drafting of reports
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Whenever a law enforcement officer intervenes in an incident that can be classified as stalking, he/she shall prepare a written report thereof. Said report shall include the allegations of the persons involved and the witnesses, the type of investigation performed, and the manner in which the incident was dealt with.
The law enforcement officer shall include in said report any statement of the victim with regard to the frequency and gravity of previous stalking incidents and on the number of times the victim has resorted to the Police or any private or public entity or private person, to ask for help.
This report shall be prepared for every intervention even though criminal charges have not been filed against the offender. These shall be kept apart from other types of reports, unless they are related to cases of domestic violence.
The Superintendent of Police shall establish a system to compile information that will allow keeping a copy of each intervention in the station in which it is generated, and which will facilitate the centralized compiling thereof in the Statistics Division of the Police of Puerto Rico.
The Statistics Division of the Police of Puerto Rico shall receive a copy of every report of interventions prepared pursuant to this section, each month, shall compile the information found therein, and shall prepare a public statistical report annually, on stalking incidents in Puerto Rico.
The Superintendent of Police shall establish the guidelines to guarantee confidentiality regarding the identity of the persons involved in stalking incidents.
History —Aug. 21, 1999, No. 284, § 12, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4023/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4023 - Independence of civil actions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4023 - Independence of civil actions
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It shall not be required, nor shall it be necessary for persons protected by §§ 4013—4026 of this title, to file criminal charges to request and be issued restraining orders.
History —Aug. 21, 1999, No. 284, § 13, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4024/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4024 - Rules for civil and penal actions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4024 - Rules for civil and penal actions
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Unless otherwise provided in §§ 4013—4026 of this title, all civil actions filed under the provisions of §§ 4013—4026 of this title, shall be governed by the Puerto Rico Rules of Civil Procedure of 2009, as amended, App. V of Title 32. Likewise, penal actions filed under the provisions of §§ 4013—4026 of this title, shall be governed by the Puerto Rico Rules of Criminal Procedure of 1963, as amended, App. II of Title 34, unless it is otherwise provided in §§ 4013—4026 of this title.
History —Aug. 21, 1999, No. 284, § 14, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4025/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4025 - Provisions on bail, parole, permits for prisoners to leave institutions, and others
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4025 - Provisions on bail, parole, permits for prisoners to leave institutions, and others
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(a) Bail. — When a person is accused for violating the provisions of §§ 4013—4026 of this title, or when at the time of the alleged violation, was subject to the terms of a restraining order issued pursuant to §§ 4013—4026 of this title, or any other similar act, or has previously been convicted of, or has pleaded guilty for violating the provisions of §§ 4013—4026 of this title, or of violating other similar legal provisions, prior to the imposition of a fine, in addition to what is provided by Rule 218 of the 1963 Rules of Criminal Procedure of Puerto Rico, as amended, the court shall consider whether the person has a history of having violated the orders of a court or of a government agency.
(b) Conditions for release on bail. — The court may impose conditions on bail on the accused, and shall take into consideration whether the person has a history of domestic violence or a history of violent acts, and whether the person poses a potential threat for the victim of the crime, or any other person. In addition to what is provided in Rule 218 of the 1963 Rules of Criminal Procedure of Puerto Rico, as amended, the court may impose the following conditions:
(1) Avoid all direct or indirect contact with the victim of the alleged acts that constitute stalking and/or his/her family members.
(2) Avoid all contact with the persons who shelter the victim.
(3) Abstain from intimidating or pressuring the victim or the witnesses, personally or by telephone, or in any other way, through the intervention of third parties, so that they do not testify, or for them to withdraw the criminal charges filed against him/her.
(c) Permits for prisoners to leave the institutions, and on parole. — In addition to what is established in §§ 1101 et seq. of Title 4, and in any other law or regulations to such effect, the Correctional Administrator or the Parole Board shall take into consideration the following circumstances when making a decision on the granting of permits to leave penal institutions or public or private treatment centers, or granting freedom on parole to prisoners convicted for violating the provisions of §§ 4013—4026 of this title:
(1) If the person has a record of domestic violence, or a record of having committed other acts of violence.
(2) If the person has a record of having violated the orders of a court or a government agency.
(3) If the person poses a potential threat to any other person.
(4) The opinion of the injured person or the persons that testified in the case and any other circumstance he/she deems pertinent.
(d) Executive clemency or pardon. — Upon considering the petition of executive clemency or pardon of a person convicted of the crime of stalking, the Parole Board shall notify the injured party and the persons that gave testimony in order to provide them the opportunity to be heard.
(e) Before any person can be released under the provisions of §§ 4013—4026 of this title, the court, the Parole Board, the Correctional Administration and/or the Executive, shall notify the victim or the injured party sufficiently in advance, so that he/she can take the necessary measures to guarantee his/her safety.
History —Aug. 21, 1999, No. 284, § 15, eff. 90 days after Aug. 21, 1999.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-3/chapter-251/4026/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628)›Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026)›§ 4026 - Forms
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 3 - Penal Code of 1974—Special Part (§§ 4001-4012 — 4621-4628) › Chapter 251 - Crimes Against the Person (§§ 4001-4012 — 4026) › § 4026 - Forms
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The forms provided by the clerks of the courts of justice to the persons that request a restraining order, shall be designed in such a way that the information, circumstances, and data contained in the models included herein, may be consigned or declared. Said forms shall be available in Spanish and English to comply with the requirements established by §§ 2261, 2261A, 2262 and 2265 of the Violence Against Women Act (VAWA), Title IV, P.L. 103-322 of the Violent Crime Control and Law Enforcement Act. However, the Office of Court Administration may modify them when it deems convenient, in order to achieve the purposes of this §§ 4013—4026 of this title.
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FORM I GENERAL COURT OF JUSTICE Trial Court Part: __________ PETITIONER NUMBER ____ vs. RE: __________ RESTRAINING ORDER RESPONDENT Stalking No. _____ PETITION FOR RESTRAINING ORDER TO THE HONORABLE COURT: The Petitioner hereby appears and his/her representative respectfully alleges, states and requests that: 1. My name is _______________, I am ____ years old, my Social Security Number is __________, [my driver’s license number is] __________, I reside at (Street, Number, Urbanization, Ward, Municipality) 2. The Respondent’s Party’s name is ____________, who is ____ years old, his/her Social Security Number is __________, his/her driver’s license number is __________, resides at (Street, Number, Urbanization, Ward, Municipality) 3. I am a victim of stalking by the respondent, consisting in that intentionally, or knowing that I could reasonably feel intimidated, has demonstrated a pattern of conduct consisting of threats, persecution and harassment, addressed to terrorize me to the extent that I could be harmed, could cause damage to my property, could harm a member of my family or [cause damage] to their property. 4. The stalking of which I have been a victim occurred on, or during the __________ day(s) of __________ at 5. The stalking incidents consisted of 6. At present there ____ is ____ is not pending court action related to these acts. 7. I request this Court to grant me the following remedies: ___ Direct the respondent party to desist from disturbing, harassing, pursuing, intimidating, or threatening the Plaintiff and/or any member of his/her family. ___ Direct the respondent party to abstain from entering my ___ home ___ place of business ___ the home of the members of my family ___ its surroundings ___ place of business ___ school, and/or other places such as ___ Direct the respondent party to pay me reasonable compensation for the damages I have suffered as a result of the ____ stalking, without prejudice to other civil actions I am entitled to. Said losses and damages consist of: moving expenses $______; lodging $______; repairs to property $______; legal expenses $______; medical, psychiatric, psychological, counseling and/or guidance services $______; others $______, for a total of $__________. Therefore, I, ____________ the Petitioner, respectfully request that the remedies requested in clause (7) of this Petition, and any other remedy that the Court deems pertinent, be granted to me. _______________ Petitioner’s Signature Date Address at which I may be notified: (Street, Number, Urbanization, Ward, Municipality). Telephone: ____________
o FORM II GENERAL COURT OF JUSTICE Court Part Office of Municipal Court Judge of _______________ ____________ NUMBER _____ Petitioner vs. RE: RESTRAINING ORDER ____________ Respondent RESTRAINING ORDER The Petitioner filed an action against the Respondent pursuant to Act No. ______ of ________ stating the following: 1. The Petitioner, whose Social Security Number is __________, is ______ years old, resides at and his/her telephone number is __________. 2. The Respondent, whose Social Security Number is __________, is ______ years old, resides at and his/her telephone number is __________. 3. The Petitioner is a victim [of] stalking provoked by the Respondent who repeatedly and intentionally has shown a pattern of conduct addressed to intimidate him/her, or knowing that he/she could reasonably feel intimidated, through persecution, threats, and/or harassment, to the effect that the petitioner or a member of his/her family could suffer harm either personally or of his/her belongings. 4. The stalking incidents occurred on or during __________ (place) 5. At present, ___ there is ___ there is no criminal action pending concerning these facts before the Court of __________, ________ Part, between the Petitioner and the Respondent. The number of the case is __________. Upon summons issued to the Respondent, the corresponding hearing was held, to which: ___Both parties appeared. ___Only the party of the __________ appeared. After having heard the party/the parties and its/their witness(es) and having studied all of the evidence, this Court has reached the following FINDINGS OF FACT: By virtue of the previous findings of facts, the Court establishes the following: ___ The Respondent is hereby ordered to abstain from stalking, chasing, intimidating, threatening or otherwise interfere with the Petitioner and the members of his/her family. ___ The Respondent is hereby ordered to abstain from entering: ___ The home of the Petitioner, or his/her permanent or provisional living quarters; ___ The school to which the Petitioner attends, as well as its surroundings; ___ The place of business of the Petitioner, as well as its surroundings; ___ The workplace of the Petitioner, as well as its surroundings. ___ The Respondent is hereby ordered to pay financial indemnity for damages sustained by the Petitioner due to the stalking, without prejudice to other civil actions to which the Petitioner is entitled. Said losses and damages consist of: lodging expenses $______; expenses for repair of property $______; moving expenses $______; medical, psychiatric, psychological, guidance and/or counseling expenses $______; others $______; Total $__________ The Court hereby orders the following provisional measures concerning the parties: Any person who violates any of the terms of this Order shall be found to be in Contempt of Court, which may lead to punishment by imprisonment, fine, or both. FOR REGISTRATION AND NOTICE Given in ____________, Puerto Rico, on ____, ______ at ______________ hours. This Order is effective from ________________ to ________________ Judge I hereby CERTIFY That both parties have been given notice and a copy of the previous RESTRAINING ORDER. In ____________, Puerto Rico ___, on _____ ____________ Clerk
History —Aug. 21, 1999, No. 284, § 16; Sept. 8, 2000, No. 394, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-i/4629/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter I - Title and Guarantees (§§ 4629 — 4633)›§ 4629 - Title of the act
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4629 - Title of the act
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This act shall be known as the Penal Code of the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 1, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-i/4630/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter I - Title and Guarantees (§§ 4629 — 4633)›§ 4630 - Principle of legality
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4630 - Principle of legality
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No criminal action shall be filed against any person for the commission of any act that is not expressly defined as a crime under this Code or special law, nor shall any punishment or security measure be imposed other than that established by the law prior to the commission of the act.
History —June 18, 2004, No. 149, § 2, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-i/4631/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter I - Title and Guarantees (§§ 4629 — 4633)›§ 4631 - Prohibition on analogy
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4631 - Prohibition on analogy
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No crimes, punishment or security measures shall be created or imposed by analogy.
History —June 18, 2004, No. 149, § 3, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-i/4632/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter I - Title and Guarantees (§§ 4629 — 4633)›§ 4632 - Principles of criminal sanctions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4632 - Principles of criminal sanctions
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The punishment or security measure imposed shall be: in proportion to the seriousness of the crime, necessary and adequate to achieve the purposes contained in this Code and shall not attempt against human dignity.
History —June 18, 2004, No. 149, § 4, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-i/4633/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter I - Title and Guarantees (§§ 4629 — 4633)›§ 4633 - Principle of legality
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter I - Title and Guarantees (§§ 4629 — 4633) › § 4633 - Principle of legality
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Any punishment or security measure shall be imposed exclusively by means of a court sentence.
History —June 18, 2004, No. 149, § 5, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-ii/4634/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter II - Scope of Application (§§ 4634 — 4639)›§ 4634 - Territorial
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4634 - Territorial
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The criminal laws of Puerto Rico shall apply to any committed or attempted crime within the territorial extension of the Commonwealth of Puerto Rico.
It shall be understood as territorial extension the land, sea and air space subject to the jurisdiction of the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 6, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-ii/4635/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter II - Scope of Application (§§ 4634 — 4639)›§ 4635 - Extraterritorial
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4635 - Extraterritorial
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The criminal laws of Puerto Rico shall apply to any committed or attempted crime outside the territorial extension of the Commonwealth of Puerto Rico under any of the following circumstances:
(a) When a part of the criminal behavior is carried out within the territorial extension of the Commonwealth of Puerto Rico.
(b) When the behavior constitutes a violation of the functions or duties inherent to the office or charge entrusted to an officer or employee of the Commonwealth of Puerto Rico or any person who performs services on his/her behalf.
(c) When genocide or crimes against humanity as defined in this Code are committed.
(d) When according to the treaties or agreements ratified by the United States of America the crime may be tried in the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 7, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-ii/4636/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter II - Scope of Application (§§ 4634 — 4639)›§ 4636 - Provisional
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4636 - Provisional
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The criminal law applies to acts committed during its effectiveness.
History —June 18, 2004, No. 149, § 8, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-ii/4637/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter II - Scope of Application (§§ 4634 — 4639)›§ 4637 - Most favorable law
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4637 - Most favorable law
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The criminal law has a retroactive effect in whatsoever favors the accused of a crime. Consequently, the following rules apply:
(a) If the law in effect at the time of the commission of the crime is different from that in effect when processing the accused or when imposing the sentence, the most lenient law shall always be applied.
(b) If during the term in which the person is serving the sentence a law that is more lenient with respect to the punishment, the security measure or the method of execution thereof takes effect, it shall apply retroactively.
(c) If during the term that the person is serving the sentence a law that suppresses the crime takes effect, or the Supreme Court issues a decision decriminalizing the act, the sentence shall be rendered null and the person freed from being incarcerated or under restriction of freedom.
In these cases, the effects of the new law or the new court ruling shall operate as a matter of law.
History —June 18, 2004, No. 149, § 9, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-ii/4638/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter II - Scope of Application (§§ 4634 — 4639)›§ 4638 - Law of provisional effectiveness
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4638 - Law of provisional effectiveness
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The criminal law of provisional effectiveness shall apply to those acts committed during its effectiveness, even if the law has lost its effectiveness afterwards, unless otherwise ruled by law.
History —June 18, 2004, No. 149, § 10, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-ii/4639/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter II - Scope of Application (§§ 4634 — 4639)›§ 4639 - Other laws
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter II - Scope of Application (§§ 4634 — 4639) › § 4639 - Other laws
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The principles contained in this subtitle apply to the conduct regulated by other criminal laws, unless said laws provide otherwise.
History —June 18, 2004, No. 149, § 11, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-iii/4640/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter III - Construction (§§ 4640 — 4642)›§ 4640 - Concurrence of criminal provisions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter III - Construction (§§ 4640 — 4642) › § 4640 - Concurrence of criminal provisions
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When the same act is regulated by several criminal provisions:
(a) The special provisions shall prevail over the general provisions.
(b) The provisions of broader scope in the protection of the legal good shall absorb the provisions of a narrower scope and the former shall apply.
(c) The subsidiary provisions shall only apply in the default of the principal, if said subsidiarity is expressly stated or inferred.
History —June 18, 2004, No. 149, § 12, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-iii/4641/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter III - Construction (§§ 4640 — 4642)›§ 4641 - Construction of words and phrases
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter III - Construction (§§ 4640 — 4642) › § 4641 - Construction of words and phrases
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The words and phrases shall be construed according to context and the meaning sanctioned by common and current usage.
The words used in this Code in the present tense also include the future; those used in the masculine gender include the feminine and the [gender neutral], except in cases in which such construction would be absurd; the singular number includes the plural and the plural includes the singular.
If the language used is susceptible to two (2) or more constructions, it shall be construed to further the purposes of this Code and of the particular article object of the construction.
History —June 18, 2004, No. 149, § 13, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-i/chapter-288/subchapter-iii/4642/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART I - Basic Provisions of Penal Law (§§ 4629 — 4642)›Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642)›Subchapter III - Construction (§§ 4640 — 4642)›§ 4642 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART I - Basic Provisions of Penal Law (§§ 4629 — 4642) › Chapter 288 - Principles for the Application of Penal Law (§§ 4629 — 4642) › Subchapter III - Construction (§§ 4640 — 4642) › § 4642 - Definitions
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Except as otherwise construed by the context, the following words and phrases contained in this Code shall have the meaning expressed below:
(a) Knowingly.— Implies personal knowledge. It does not require knowledge of the illegality of the act or omission.
(b) Year and calendar year.— Three hundred sixty-five (365) days, unless it is a leap year, in which case it shall consist of three hundred sixty-six (366) days.
(c) Scanning device.— Means a scanner, reader, skimmer, or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
(d) To appropriate.— Includes to misappropriate, to defraud, to exercise illegal control, to use, to retrieve, to take possession or in any other way to make any property or thing one’s own either temporarily or permanently.
(e) Benefit.— Any benefit, utility, advantage, profit or gain, the term not being limited to a monetary or material gain, but denoting any form of advantage.
(f) Real property.— Includes lands and anything permanently built or grown thereon or adhering thereto.
(g) Personal property.— Includes money, goods, livestock, equipment, devices, information and communication systems, services, motor vehicles or any other object of locomotion, electric power, gas, water or other fluid, waves, mobile or electronic communication signals and identification numbers on paper or electronic medium, things the possession of which may be demanded at a trial, credit vouchers, documents or any other object susceptible to appropriation.
(h) Public document.— Any writing, printed material, paper, book, pamphlet, photograph, photocopy, film, microfilm, audio tape, map, drawing, blueprint, tape or any other material read by machine or electronically produced even though it may never be printed on paper, in electronic file, or any other information or informatics material, regardless of its physical form or features, which is originated or received manually or electronically, or kept in any dependency of the Commonwealth of Puerto Rico pursuant to the law, or designated by law as a public document, or any written material which originates in the private sector in the ordinary course of transactions conducted with government dependencies and which is kept permanently or temporarily in any dependency of the Commonwealth due to its administrative usefulness, or legal, fiscal or cultural value.
(i) Re-encoder.— Also known as decoder, means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
(j) Occupied building.— Comprises any house, structure, vehicle or other location adapted to provide night accommodation human beings, for doing business in same, for the care of children or persons, for teaching at any level, or for public purposes, provided that the same is in use, even if there are no persons present at the time of the event. It also comprises its annexes, dependencies and the lot on which same is located.
(k) Writing.— Includes any printed material, paper, letter, public deed, notarial document, seal, written document or signature of a person on paper or digital medium, or image, coin, paper money, tokens, credit cards or any other symbol or evidence representing any value, right, privilege or obligation.
(l) Commonwealth of Puerto Rico or Commonwealth.— Comprises the departments, agencies, boards and other dependencies, public corporations, instrumentalities and their subsidiaries, the municipalities and political subdivisions and government branches.
(m) United States.— Means the states of the United States of America, its territories and possessions, the District of Columbia and the Commonwealth of Puerto Rico.
(n) Manufacturer.— Means the entity that authorizes the duplication of the audiovisual work, not including the manufacturer of the case or packaging where the audiovisual work is to be kept.
(o) Signature or subscription.— The name written by hand or digitally, or the name or mark or sign made at the request of any person when said person cannot write his/her name, said name being written by another person who shall also sign as a witness next to such a mark or sign.
(p) Public funds.— All moneys, bonds or liabilities, securities, seals, internal revenue vouchers, and evidences of indebtedness, and property belonging to the Government of the Commonwealth of Puerto Rico, departments, agencies, boards and other dependencies, public corporations and their subsidiaries, municipalities and political divisions. It also includes the money collected by private persons or entities who, by means of agreement or legal authority, conduct transactions or collect municipal licenses, rights, taxes, income taxes, services or any money owed to the Commonwealth of Puerto Rico for any other obligation or any other transaction, or for the collection of stamps or fees for public instruments or notarial documents. In the case of bonds, obligations, securities and evidence of indebtedness, the term includes not only the document that evidences the obligation, but also the moneys, bonds, securities or obligations obtained as a result of the issuance, purchase, execution, financing, refinancing or any other transaction with the aforementioned.
(q) Law enforcement officer.— A person in charge of protecting persons and property and to keep public order and safety. This includes, but is not limited to, all members of the Puerto Rico Police and the Municipal Police, Agents of the Special Investigations Bureau of the Department of Justice, and Marshals of the Judicial Branch.
All public Commonwealth or federal employees with the express authority under the law to make arrests in the discharge of their special duties and responsibilities shall also be considered law enforcement officers, albeit with a limited scope.
(r) Fraudulently or to defraud.— An act committed through wile, simulation, plot, trick or by any other form of deceit.
(s) Public officer or employee.— Any person holding an office or performing a duty whether or not for compensation, either permanently or provisionally, by virtue of any kind of appointment, contract or designation, for the Legislative, Executive or Judicial Branch or any the municipalities of the Commonwealth of Puerto Rico. It also includes those persons who represent the public interest and who are designated to office in any board, public corporation, instrumentality and its subsidiaries of the Commonwealth of Puerto Rico, as well as those who are entrusted with notarial public faith. The term public officer includes those persons who hold office or are employed by the Government of the Commonwealth of Puerto Rico who are vested with part of the sovereignty of the Commonwealth; hence they are involved in the making and implementation of public policy.
(t) Illegally.— Any act in violation of any law, rule, regulation, ordinance or order promulgated by any competent authority of the Commonwealth in the exercise of its duty.
(u) Oath.— Includes an affirmation or statement, as well as any other way of confirming the truth about what is being stated. Any form of oral statement under oath or affirmation is comprised within the term “to testify” and any written statement within the term “to depose”.
(v) Law.— Also includes regulations, rule, order or ordinance approved by a competent authority.
(w) Month.— Period of thirty (30) days, unless otherwise stated.
(x) Night.— Period between sundown and sunrise.
(y) Legal name and address.— Means the true name and address of the manufacturer that has authorized duplication of said audiovisual work.
(z) Audiovisual work — Means a tangible medium in which sounds and images are recorded or stored, including original video tapes, digital video disks, films or any other existing or to be developed in future medium and in which the sounds and images are recorded or may be recorded or stored, or a copy or total or partial reproduction duplicating the original.
(aa) Person.— Includes natural and juridical persons.
(bb) Premeditation.— The deliberation occurring prior to the resolve to perpetrate the act after having considered it for some time.
(cc) Property or patrimony.— Includes real and personal property.
(dd) Seal.— Comprises the impression of a stamp on a writ, on paper or digital, or on any substance affixed to the paper with capacity to receive any visible or legitimate impression.
(ee) Credit or debit card.— Includes any instrument or object known as a credit or debit card, placard, coupon book or by any other name, issued with or without payment of a charge by the receiver, for use by the holder in obtaining or acquiring by credit or debit any money, goods, services or any other item of value, in the establishment of the issuer of the debit or credit card or in any other establishment.
(ff) Movie theater/movie house.— Means a movie theater, projection room or any other place mainly used to show a motion picture.
(gg) Voluntarily.— Applies to the intent with which an act is executed or an omission incurred; it simply implies the purpose or will to commit the act or incur the omission to which it refers.
History —June 18, 2004, No. 149, § 14; July 19, 2006, No. 121, § 1; Aug. 6, 2010, No. 121, § 1; Dec. 30, 2010, No. 237, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-289/4643/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645)›§ 4643 - Definition
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645) › § 4643 - Definition
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A crime is an act committed or omitted in violation of a law forbidding or commanding it, which entails, upon conviction, a punishment or security measure.
History —June 18, 2004, No. 149, § 15, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-289/4644/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645)›§ 4644 - Classification
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645) › § 4644 - Classification
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Crimes are classified as misdemeanors and felonies.
A misdemeanor entails an individual fine of up to five thousand dollars ($5,000) or imprisonment for up to ninety (90) days. A felony, in all its classifications which are specified below, comprises all other crimes.
A felony entails imprisonment for more than six (6) months and, according to the corresponding penalty, is classified in four (4) degrees, as follows:
(a) First degree felony. — The penalty for which is imprisonment for a term of ninety-nine (99) years.
(b) Second degree felony. — The penalty for which is imprisonment for a term fluctuating between eight (8) years and one (1) day and fifteen (15) years. Second degree murder, sexual assault, aggravated kidnapping, child kidnapping and aggravated robbery, when damage is inflicted against the victim or if it takes place in the domicile of the victim, shall be severe second degree felonies with a penalty of imprisonment of between fifteen (15) years and one day and twenty-five (25) years.
(c) Third degree felony. — The penalty for which is imprisonment fluctuating between three (3) years and one (1) day and eight (8) years.
(d) Fourth degree felony. — The penalty for which is imprisonment fluctuating between six (6) months and one day and three (3) years.
However, other types of penalty besides imprisonment may be imposed for felonies and misdemeanors.
The felonies typified in special laws maintain the classification of felony and the corresponding penalty if they entail a penalty of imprisonment for more than six (6) months or a fine of more than five thousand dollars ($5,000), unless otherwise provided by law.
Misdemeanors typified in special laws maintain the classification of misdemeanor and the corresponding penalty if they entail a penalty that does not exceed six (6) months or a fine that does not exceed five thousand dollars ($5,000), or both penalties.
History —June 18, 2004, No. 149, § 16; Sept. 16, 2004, No. 338, § 1, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-289/4645/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645)›§ 4645 - Crimes without an established punishment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 289 - Crime—Definition and Classification (§§ 4643 — 4645) › § 4645 - Crimes without an established punishment
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If any act or omission were declared to be a crime and no proper punishment were established, such act or omission shall be punishable as a misdemeanor.
If any act or omission is declared to be a felony and no proper punishment is established, the sentence to be imposed shall be that of a fourth degree felony.
History —June 18, 2004, No. 149, § 17, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-i/4646/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter I - Objective Part (§§ 4646 — 4649)›§ 4646 - Forms of commission
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4646 - Forms of commission
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Crimes can only be perpetrated by commission or omission.
History —June 18, 2004, No. 149, § 18, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-i/4647/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter I - Objective Part (§§ 4646 — 4649)›§ 4647 - Commission by omission
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4647 - Commission by omission
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The crimes that classify the production of a result may only be committed by omission when the failure to prevent the same would be equal to the actual occurrence.
To determine the equivalence of the omission to its commission, the existence of a specific duty to prevent the result shall be taken into account, and if any prior action of the person who omits makes it possible to impute to the latter the risk situation of the legally protected interest.
History —June 18, 2004, No. 149, § 19, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-i/4648/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter I - Objective Part (§§ 4646 — 4649)›§ 4648 - Place of crime
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4648 - Place of crime
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The crime is considered committed:
(a) Where the act has been perpetrated or where the omitted act should have been perpetrated, or
(b) where the result has been produced or should have been produced in a location in Puerto Rico, in those cases in which the act has been perpetrated or the omission incurred outside of the Commonwealth of Puerto Rico.
History —June 18, 2004, No. 149, § 20, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-i/4649/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter I - Objective Part (§§ 4646 — 4649)›§ 4649 - Time of the crime
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter I - Objective Part (§§ 4646 — 4649) › § 4649 - Time of the crime
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The crime is considered to be committed:
(a) At the time the act has been perpetrated or the omitted act should have been perpetrated, or
(b) at the time in which the result of the criminal offense has been produced.
History —June 18, 2004, No. 149, § 21, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-ii/4650/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter II - Subjective Part (§§ 4650 — 4652)›§ 4650 - Principle of subjective accountability
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter II - Subjective Part (§§ 4650 — 4652) › § 4650 - Principle of subjective accountability
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No person may be punished for an act foreseen in a criminal law unless the same is committed with intent or negligence.
The intent or negligence is shown by the circumstances connected with the act, the mental capacity and the expressions and conduct of the person.
The acts sanctioned in this Code require intent, unless it is expressly stated that negligence is sufficient.
History —June 18, 2004, No. 149, § 22, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-ii/4651/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter II - Subjective Part (§§ 4650 — 4652)›§ 4651 - Intent
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter II - Subjective Part (§§ 4650 — 4652) › § 4651 - Intent
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The crime is committed with intent:
(a) When the corresponding act has been performed with a conduct voluntarily geared toward accomplishing it;
(b) the corresponding act is a natural consequence of the voluntary conduct of the author, or
(c) when the subject has wanted his/her conduct conscious of the fact that it implied a considerable and illegal risk of producing the criminal act produced.
History —June 18, 2004, No. 149, § 23, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-ii/4652/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter II - Subjective Part (§§ 4650 — 4652)›§ 4652 - Negligence
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter II - Subjective Part (§§ 4650 — 4652) › § 4652 - Negligence
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A crime is deemed to be committed negligently when it is performed without intent, but imprudently, when not observing the standard care that a reasonably prudent person would have observed in the same situation as the author in order to prevent the result.
History —June 18, 2004, No. 149, § 24, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4653/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4653 - Allowed risk
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4653 - Allowed risk
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A person does not incur liability when he/she has caused a result classified as a crime, if said result does not constitute the production of sufficient and unlawful risk originated by his/her conduct.
History —June 18, 2004, No. 149, § 25, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4654/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4654 - Self-defense
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4654 - Self-defense
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Any person who defends his/her person, dwelling, property or rights, or the person, dwelling, property or rights of others under such circumstances as to reasonably believe that there is peril of imminent danger, shall not be held liable, provided there is the rational need for the means employed to avoid or repel the damage, lack of sufficient provocation on the part of the defending person and more damage than is necessary is inflicted to avert or avoid the injury.
When alleging self-defense to justify inflicting death to a human being, it is necessary to have reasonable grounds to believe that when inflicting death to the aggressor, the aggrieved or defending person was in imminent or immediate danger of death or serious bodily harm. To justify the defense of dwelling, the circumstances shall indicate trespassing of dwelling, or for the purpose of committing a crime. To justify defense of property or rights, the circumstances shall indicate an attack to the same that constitutes a crime or that poses serious danger of deterioration or imminent loss.
History —June 18, 2004, No. 149, § 26, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4655/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4655 - State of necessity
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4655 - State of necessity
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Any person who, in order to protect his/her own or another’s right from an imminent danger, not provoked by him/her and otherwise inevitable, infringes a duty or causes damage to another’s legally protected interest, shall not be liable, provided that the damage caused is lesser than the damage sought to be prevented and does not cause the death or the serious and permanent injury to the physical integrity of a person.
This cause for justification shall not benefit a person who, by reason of his/her office, occupation or activity, is bound to confront the risk and the consequences thereof.
History —June 18, 2004, No. 149, § 27, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4656/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4656 - Exercise of right or performance of duty
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4656 - Exercise of right or performance of duty
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Any person who acts in the performance of a legal duty or in the lawful exercise of a right, authority or office shall not be held liable.
History —June 18, 2004, No. 149, § 28, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4657/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4657 - Obedience to superior orders
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4657 - Obedience to superior orders
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Any person who acts by reason of hierarchical obedience in the discharge of public office shall not be held liable, provided that the order lies within the authority of a superior with respect to the subordinate, does not seem unlawful, and the subordinate is compelled to obey it.
History —June 18, 2004, No. 149, § 29, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4658/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4658 - Error
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4658 - Error
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Any person who commits an act in response to an essential error that excludes intent and negligence shall not be held liable.
If the error is due to imprudence and it is expressly punished by law, said person shall be liable due to negligence.
If the error falls under aggravating circumstances or a circumstance that warrants a more serious modality of the crime, it shall prevent the imposition of the highest punishment.
History —June 18, 2004, No. 149, § 30, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4659/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4659 - Entrapment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4659 - Entrapment
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Any person who commits an criminal act, the intent of which is induced into his/her mind by scheme, persuasion or fraud by a public officer or a private person acting in collaboration with the public officer, shall not be held liable.
This liability exception cause shall not benefit the coauthor unaware of the deceitful inducement of the public officer or the person collaborating with the latter.
History —June 18, 2004, No. 149, § 31, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4660/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4660 - Intimidation or violence
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4660 - Intimidation or violence
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Any person who, at the time of the commission of the act constituting the crime, did so compelled by intimidation or violence shall not be held liable:
(a) Under threat of serious and imminent danger, provided that there is rational proportionality between the damage caused and the actual threat;
(b) under an overpowering physical force, or
(c) under coercion or overwhelming fear.
The term “violence” in this section also comprises the use of hypnotic means, narcotic, depressant or stimulant substances, or any other similar means or substances.
History —June 18, 2004, No. 149, § 32, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4661/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4661 - Insignificant conduct
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4661 - Insignificant conduct
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Any person who commits an act so insignificant as to warrant neither prosecution nor conviction shall not be held liable.
History —June 18, 2004, No. 149, § 33, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iii/4662/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662)›§ 4662 - Provisions applicable to this section
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4662 - Provisions applicable to this section
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The causes for exclusion from criminal liability shall be examined with subjective criteria, taking into consideration the particular circumstances of the person invoking the defense.
If the person acted negligently, said person shall be liable for negligence if said negligence is expressly sanctioned by the law.
In cases of obedience to superior orders, entrapment, intimidation or violence, the person liable for the criminal act shall be the one who induces, compels or coerces the person who invokes the defense into performing the criminal act.
History —June 18, 2004, No. 149, § 34, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iv/4663/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter IV - Attempt (§§ 4663 — 4665)›§ 4663 - Definition of attempt
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter IV - Attempt (§§ 4663 — 4665) › § 4663 - Definition of attempt
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Attempt exists when a person acts or incurs in omissions unequivocally and instantaneously directed toward initiating the commission of a crime that is not consummated due to circumstances beyond the control of the person.
History —June 18, 2004, No. 149, § 35, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iv/4664/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter IV - Attempt (§§ 4663 — 4665)›§ 4664 - Punishment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter IV - Attempt (§§ 4663 — 4665) › § 4664 - Punishment
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Any attempt to commit a felony entails punishment equal to half of the fixed punishment for the consummated crime, not to exceed ten (10) years for the maximum punishment for such attempt. Said punishment shall be selected reducing by half the term of the punishment established by law for the consummated crime. In determining the punishment to be applied, the court shall take into consideration the danger inherent to the attempt and the degree of completion reached.
An attempted first degree felony entails the punishment for a second degree felony up to a maximum of ten (10) years.
History —June 18, 2004, No. 149, § 36; Dec. 16, 2009, No. 168, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-290/subchapter-iv/4665/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 290 - Criminal Behavior (§§ 4646 — 4665)›Subchapter IV - Attempt (§§ 4663 — 4665)›§ 4665 - Desisting
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter IV - Attempt (§§ 4663 — 4665) › § 4665 - Desisting
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If a person voluntarily desists from consummating a crime or, after having begun the perpetrating thereof, avoids its results, said person shall not be subject to punishment, except for the conduct previously executed that by itself constitutes a crime.
History —June 18, 2004, No. 149, § 37, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-i/4666/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669)›§ 4666 - Minors
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4666 - Minors
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A person shall not be prosecuted or convicted for an act perpetrated while said person has not yet attained the age of eighteen (18), except in those cases set forth under the special legislation for minors.
History —June 18, 2004, No. 149, § 38, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-i/4667/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669)›§ 4667 - Mental incompetency
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4667 - Mental incompetency
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A person shall not be prosecuted if, at the time of the commission of the act, he/she, as a result of mental disease or defect, was unable to understand the criminality of the act or to conduct him/herself pursuant to the mandate of law.
The term “mental disease” or “defect” does not include an abnormality manifested only as repeated criminal or antisocial conduct.
History —June 18, 2004, No. 149, § 39, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-i/4668/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669)›§ 4668 - Temporary mental disorder
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4668 - Temporary mental disorder
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A person shall not be held accountable if at the time of the commission of the act, as a result of the state of temporary mental disorder, was unable to understand the criminality of the act or to conduct him/herself pursuant to the mandate of law.
Temporary mental disorder does not exempt from accountability when provoked by the subject for the purpose of performing the act.
History —June 18, 2004, No. 149, § 40, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-i/4669/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669)›§ 4669 - Voluntary intoxication; exception
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4669 - Voluntary intoxication; exception
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Voluntary drunkenness or voluntary intoxication with drugs or narcotic, stimulant or depressant substances, or any similar substances shall not be grounds for criminal nonliability; however, whenever the actual existence of any particular purpose, motive or intent is an essential element to constitute a particular species or degree of crime, the judge may take into consideration the fact that the accused was drunk or intoxicated at the time of deciding the purpose, motive or intent with which the crime was committed.
History —June 18, 2004, No. 149, § 41, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-ii/4670/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter II - Participation (§§ 4670 — 4674)›§ 4670 - Accountable persons
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4670 - Accountable persons
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The persons to be held accountable for the commission of a crime are the principals and those who cooperate with them, whether natural or juridical persons.
History —June 18, 2004, No. 149, § 42, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-ii/4671/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter II - Participation (§§ 4670 — 4674)›§ 4671 - Principals
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4671 - Principals
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Considered to be principals are:
(a) Whoever participates directly in the commission of a crime.
(b) Whoever forces, provokes, abets or induces another person to commit a crime.
(c) Whoever takes advantage of a legally non-imputable person to commit a crime.
(d) Whoever cooperates before, simultaneously or after the commission of a crime, and without whose participation the crime could not have been perpetrated.
(e) Whoever takes advantage of a juridical person to commit a crime.
(f) Whoever acts in representation of another as member, director, agent or owner of a juridical person, and perpetrates the criminal act, even if the special elements that give rise to the crime do not concur upon such a person, but do concur upon the person represented or upon the juridical person provided that there is a law that classifies the crime.
History —June 18, 2004, No. 149, § 43, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-ii/4672/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter II - Participation (§§ 4670 — 4674)›§ 4672 - Accessories after the fact
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4672 - Accessories after the fact
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Those who without being principals otherwise knowingly cooperate in the commission of a crime.
History —June 18, 2004, No. 149, § 44, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-ii/4673/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter II - Participation (§§ 4670 — 4674)›§ 4673 - Accountability of the parties to the crime
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4673 - Accountability of the parties to the crime
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Each principal and each accessory shall be accountable to the extent of degree of participation in the criminal act according to the personal circumstances that characterize their participation therein.
The accessory in the consummation or attempt of a crime shall receive a punishment equal to half of the penalty prescribed for the crime or attempt thereof, as the case may be, up to a maximum of ten (10) years.
History —June 18, 2004, No. 149, § 45, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-ii/chapter-291/subchapter-ii/4674/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674)›Chapter 291 - Subject of the Sanction (§§ 4666 — 4674)›Subchapter II - Participation (§§ 4670 — 4674)›§ 4674 - Juridical persons
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4674 - Juridical persons
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Juridical persons organized under the laws of the Commonwealth of Puerto Rico or authorized to act within its jurisdiction and any unincorporated partnership or association shall be held criminally accountable when the authorized persons, agents or representatives commit criminal acts while executing their agreements or conducting acts ascribable to them.
The accountability established herein does not exclude any individual accountability in which the members, leaders, agents or representatives of the juridical persons or the unincorporated partnerships and associations that participate in the commission of a criminal act may incur.
History —June 18, 2004, No. 149, § 46, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-292/4675/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 292 - Purposes of the Penalty (§§ 4675 — 4676)›§ 4675 - Purposes of the imposition
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 292 - Purposes of the Penalty (§§ 4675 — 4676) › § 4675 - Purposes of the imposition
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The general purposes that determine the imposition of the penalty are the following:
(a) The prevention of crimes and the protection of society.
(b) The fair punishment of the principal in proportion with the seriousness of the crime and the accountability of the principal.
(c) The moral and social rehabilitation of the convict.
(d) To do justice to the victims of crime.
History —June 18, 2004, No. 149, § 47, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-292/4676/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 292 - Purposes of the Penalty (§§ 4675 — 4676)›§ 4676 - Civil liability
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 292 - Purposes of the Penalty (§§ 4675 — 4676) › § 4676 - Civil liability
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The punishment established in this Code does not in any way affect or alter the civil liability of the persons convicted of a crime.
History —June 18, 2004, No. 149, § 48, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4677/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4677 - Punishments for natural persons
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4677 - Punishments for natural persons
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The following punishments are hereby established for natural persons:
(a) Imprisonment.
(b) Therapeutic confinement.
(c) House arrest.
(d) Probation.
(e) Day fines.
(f) Community services.
(g) Restitution.
(h) Suspension or revocation of license, permit or authorization.
(i) Special penalty for the crime victims’ special compensation fund.
History —June 18, 2004, No. 149, § 49, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4678/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4678 - Imprisonment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4678 - Imprisonment
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The punishment of imprisonment consists of the deprivation of freedom within a penal institution for the time established in the sentence.
The punishment of imprisonment shall be served in such a manner so as to promote adequate treatment for the social rehabilitation of the convict and shall be as non-restrictive of liberty as possible in order to achieve the purposes set forth in this Code.
Imprisonment imposed upon minors under twenty-one (21) years of age shall be served in institutions that are fit for this group of offenders.
History —June 18, 2004, No. 149, § 50, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4679/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4679 - Therapeutic confinement
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4679 - Therapeutic confinement
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The punishment of therapeutic confinement consists of the restriction of freedom for the term and in the location established in the sentence for the convict to submit to a confinement and treatment regime so as to obtain therapeutic intervention, rehabilitative treatment and supervision necessary to comply therewith.
The following factors, among others, shall be taken into consideration when this punishment is imposed: the willingness to undergo to treatment, the health condition of the person sentenced, the need for treatment and supervision, the possibility of rehabilitation and the risks and benefits for the community.
The Department of Corrections and Rehabilitation, subject to the regulations adopted by same, shall be in charge of executing this punishment and of supervising compliance with the rehabilitation plan attached to the sentence.
In the event that the sentenced person fails to comply with the punishment of therapeutic confinement, he/she shall serve the totality of the sentence of imprisonment, unless the judge in the revocation hearing, at his/her discretion, deducts part of the time already served.
If the convict satisfactorily complies with the treatment and rehabilitation plan and, at the end of his sentence, the court concludes that he has in effect rehabilitated from his addiction to controlled substances, alcohol or gambling, the court shall order the dismissal of the case and the exoneration of the sentenced person.
This punishment is not available to persons convicted for crimes classified as first and second degree felony crimes.
History —June 18, 2004, No. 149, § 51, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4680/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4680 - House arrest
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4680 - House arrest
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The punishment of house arrest consists of the restriction of freedom for the term of the sentence, to be served in the domicile of the person or another dwelling as ordered by the court under conditions that promote the social rehabilitation of the convict and which do not pose a risk to the safety of the community.
The following factors, among others, shall be considered when imposing this punishment: whether the convicted person is employed or studying, his/her health condition, the stability of his/her family group, the commitment not to break the law again, the possibility of rehabilitation, the risk and benefit for the community and the availability of family resources or other persons to collaborate with the attainment of the objectives of this punishment and to complying with the conditions imposed.
The Department of Corrections and Rehabilitation, subject to the regulations adopted by same, shall be in charge of the execution of this punishment, supervise compliance with the rehabilitation plan attached to the sentence, and impose the corresponding conditions.
The person sentenced to this punishment shall not change domicile during the term of the sentence without prior authorization from the Department of Corrections and Rehabilitation, which in turn, shall notify the court.
A person who fails to comply with the conditions of his/her house arrest shall serve a term of imprisonment for the totality of the sentence, unless the judge in the revocation hearing, at his discretion, deducts part of the time already served.
This punishment is not available to persons convicted for crimes classified as first and second degree felony crimes, or to persons with prior convictions for crimes classified as first and second degree felony crimes.
History —June 18, 2004, No. 149, § 52, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4681/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4681 - Probation
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4681 - Probation
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Probation consists of the suspension of the effects of the imprisonment punishment for the convict to submit to the supervision regime ordered in the Suspended Sentences Act, §§ 1026—1029 of Title 34.
History —June 18, 2004, No. 149, § 53, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4682/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4682 - Community services
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4682 - Community services
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The punishment of community services consists of the rendering of community services for the term and in the location ordered by the court, according to the crime for which the person was convicted. Each day imposed by the court equals eight (8) hours of services.
The court may provide that the services be rendered in any of the following locations: a non-profit corporation or association, an institution or a public agency. The court, in its discretion, shall ensure that the term and conditions of the service do not attempt against the dignity of the convict, result in benefit of the community and the recognition by the convicted person of the consequences of his/her behavior. The conditions of the service and the term thereof shall be accepted by the convict prior to the sentencing.
The court, at the time of fixing the term and conditions of the service, shall take into consideration the following: the nature of the crime, the age, health condition, occupation, profession or trade of the convicted person, as well as the particular circumstances of the case, among others.
The Department of Corrections and Rehabilitation, subject to the regulations adopted by the same, and the institution to which the sentenced person is assigned to render the services shall be in charge of the execution of this punishment. The Department of Corrections and Rehabilitation shall establish agreements with those institutions in which the services may be rendered and the procedures to notify the Department of Corrections or the court of any noncompliance with this punishment.
If the convicted person fails to comply with the conditions, he shall serve the punishment of imprisonment for the remaining days not complied with of the imposed sentence.
This punishment is not available to persons convicted for crimes classified as first and second degree felony crimes.
History —June 18, 2004, No. 149, § 54, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4683/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4683 - Day-fines
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4683 - Day-fines
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The punishment of day fines consists of a monetary fine that the court shall impose in day-fine units taking into consideration the greater or lesser degree of the crime. The minimum punishment shall be one day-fine and the maximum shall be a ninety (90) day-fine.
Once the unit of day-fines that the convicted person must satisfy is established, the daily quota of the fine shall be decided by the court based upon the convicted person’s daily income. The daily quota shall range from one dollar ($1) for each day-fine up to forty-four dollars ($44) for each day-fine.
History —June 18, 2004, No. 149, § 55, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4684/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4684 - Special law fines
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4684 - Special law fines
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The penalty of fines set forth in the special criminal laws consists of the obligation to pay to the Commonwealth of Puerto Rico a sum of money fixed by the sentence that the court imposes upon the convicted person.
In addition to the criteria established in the special laws, the sum of the fines shall be determined by the court taking into consideration the financial situation, the family responsibilities, the degree of greed or profit shown in the commission of the criminal act, the profession or occupation of the sentenced person, his/her age and health, as well as the particular circumstances of the case, among others.
History —June 18, 2004, No. 149, § 56, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4685/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4685 - Method of payment of the fines or day-fines
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4685 - Method of payment of the fines or day-fines
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The sum of the fines or the day-fines shall be paid immediately. However, at the request of the convicted person, and at the discretion of the court, said fines may be paid in full or in installments within a reasonable term after the date on which the sentence becomes effective.
The court may uphold the benefit of installment payments if it deems that noncompliance by the sentenced person was due to a justified cause.
History —June 18, 2004, No. 149, § 57, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4686/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4686 - Amortization of the fines or day-fines through community services
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4686 - Amortization of the fines or day-fines through community services
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The court, in the exercise of its discretion or at the request of the sentenced person, upon showing his/her ability to pay, may authorize the payment or amortization of the unpaid portion of the fines or day-fines through the rendering of community services.
In the case of an individualized means based fines punishment, a one day-fine shall be credited for every eight (8) hours of community service.
In the case of an amortization of the day-fines penalty, fifty dollars ($50) shall be credited for each day of community services, which shall not exceed eight (8) work hours for each day.
The court shall hold jurisdiction over the sentenced person regarding compliance with the amortization order issued, including, in the appropriate cases, the power to dismiss said order or to demand the payment of the total unpaid balance of the fines or the day-fines.
History —June 18, 2004, No. 149, § 58, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4687/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4687 - Conversion of day-fines
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4687 - Conversion of day-fines
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If the day-fines or the days of community services otherwise imposed are not satisfied, they shall be converted into punishment of imprisonment by imposing one day of imprisonment for each unpaid day-fine or for every eight (8) hour work day of unfulfilled community services.
The convicted person may regain his freedom at any time upon payment of the fines, and shall be credited for the part corresponding to imprisonment time served.
The conversion of the sentence of day-fines shall not exceed ninety (90) days of imprisonment.
If the day-fines penalty has been imposed jointly with a punishment of imprisonment, the default imprisonment shall be additional to the punishment of imprisonment.
History —June 18, 2004, No. 149, § 59, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4688/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4688 - Conversion of the fines in special laws
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4688 - Conversion of the fines in special laws
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In the case of a conviction pursuant to a special law in which the penalty of fines or the rendering of community services is imposed, if said fines or services are not satisfied, they shall be converted into imprisonment, at a rate of fifty dollars ($50) for each day of imprisonment.
The convicted person may regain his freedom at any time through the payment of the fines, and shall be credited for the part corresponding to imprisonment time served.
If the fines have been imposed jointly with a punishment of imprisonment, the default imprisonment shall be additional to the punishment of imprisonment.
When a penalty of fine is imposed in these cases, its conversion cannot exceed ninety (90) days of imprisonment. If the punishment of the fine imposed is less than fifty dollars ($50) and cannot be paid by the convicted person, he/she shall be imposed one single day of imprisonment.
History —June 18, 2004, No. 149, § 60, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4689/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4689 - Restitution
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4689 - Restitution
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The penalty of restitution consists of the court imposed obligation to compensate the victim for the damages and losses caused to his/her person or property as a consequence of the crime. The penalty of restitution does not include suffering and mental anguish.
The court may order that the penalty of restitution be compensated in money, through the rendering of services, the delivery of the illegally appropriated property or the equivalent, if the property is not available.
If the penalty of restitution is compensated in money, the sum thereof shall be established by the court taking into consideration the following: the total amount of damages to be restored, the allocated participation of the convicted person if there were several perpetrators of the criminal act, the convicted person’s ability to pay and all other elements that allow an adequate adjustment to the circumstances of the case and the condition of the convicted person.
The penalty of restitution shall be paid immediately. Nevertheless, at the request of the sentenced person and at the discretion of the court, taking into consideration the financial situation of the convict, it may be paid in full or in installments within a reasonable term after the date on which the sentence becomes effective.
History —June 18, 2004, No. 149, § 61, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4690/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4690 - Revocation of driver’s license
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4690 - Revocation of driver’s license
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When a person is convicted for the crime of negligent homicide while operating a motor vehicle, in addition to imposing the punishment that fits the crime, the court shall revoke the driver’s license.
Upon revoking the license, the following shall be observed:
(a) The term that the convict serves in prison shall be credited to the term of revocation.
(b) After one (1) year has elapsed since the revocation of his/her driver’s license, the convicted person must file a new application and comply with all other legal requirements to obtain said license again.
(c) The court shall remit a certified copy of the resolution revoking the license to the Secretary of Transportation and Public Works of Puerto Rico.
History —June 18, 2004, No. 149, § 62, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4691/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4691 - Suspension or revocation of license, permit or authorization
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4691 - Suspension or revocation of license, permit or authorization
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When in the commission of a crime the requirements provided by law for the issuance of a license, permit or authorization are violated, or when the criminal act justifies the suspension of the privilege to practice a profession, occupation or regulated activity, in addition to the punishment imposed upon the convict for the crime committed, the court may order the suspension of the license, permit or authorization for a fixed term established in the sentence. The court shall have discretion to order the permanent revocation of said license, permit or authorization.
History —June 18, 2004, No. 149, § 63, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-i/4692/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter I - Types of Punishment (§§ 4677 — 4692)›§ 4692 - Prohibition on forfeiture of property
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4692 - Prohibition on forfeiture of property
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No conviction for any crime entails the loss or forfeiture of property, except for cases in which said penalty is expressly imposed by the law, or the property was used to commit the crime, or is the product thereof and their owner is unknown.
History —June 18, 2004, No. 149, § 64, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-ii/4693/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter II - Applicable Punshiments (§§ 4693 — 4696)›§ 4693 - Punishments for crimes
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4693 - Punishments for crimes
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The punishment for a crime is that which corresponds to the classification indicated by the type of crime as adjusted according to the mitigating or aggravating circumstances provided in this Code.
History —June 18, 2004, No. 149, § 65, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-ii/4694/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter II - Applicable Punshiments (§§ 4693 — 4696)›§ 4694 - Applicable penalties
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4694 - Applicable penalties
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The penalties established for natural persons by this Code are established according to the classification of the degree of the offense for which the person was convicted, as follows:
(a) First degree felony. — Entails a punishment of imprisonment in natural years of ninety-nine (99) years. In such case, the person may be considered for parole by the Parole Board upon having served twenty-five (25) natural years of his sentence, or ten (10) natural years, in the case of a minor who is tried and sentenced as an adult.
(b) Second degree felony. — Entails a penalty of imprisonment for a fixed term in calendar years of not less than eight (8) years and one (1) day, nor more than fifteen (15) years. In such a case, the person may be considered for parole by the Parole Board after having served eighty percent (80%) of the term of imprisonment imposed.
(c) Severe second degree felony. — Entails a penalty of imprisonment for a fixed term in calendar years of not less than fifteen (15) years and one (1) day, nor more than twenty-five (25) years. In such case, the person may be considered for parole by the Parole Board after having served eighty percent (80%) of the term of imprisonment imposed.
(d) Third degree felony. — Entails a punishment of imprisonment for a fixed term in natural years which shall not be less than three (3) years and one (1) day, nor more than eight (8) years. In such case, the person may be considered for parole by the Parole Board upon having served sixty percent (60%) of the term of imprisonment imposed.
(e) Fourth degree felony. — Entails a punishment of imprisonment for a fixed term in natural years which shall not be less than six (6) months and one (1) day, nor more than three (3) years. In such case, the person may be considered for parole by the Parole Board upon having served fifty percent (50%) of the term of imprisonment imposed.
(f) Misdemeanor. — Entails a punishment of day-fine according to the financial situation of the convicted person which shall not exceed ninety (90) day-fines, a punishment of daily community services which shall not exceed ninety (90) days, imprisonment or house arrest in natural days of up to ninety (90) days, or a combination of these punishments, the total days of which shall not exceed ninety (90) days.
History —June 18, 2004, No. 149, § 66; July 31, 2007, No. 96, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-ii/4695/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter II - Applicable Punshiments (§§ 4693 — 4696)›§ 4695 - Special punishment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4695 - Special punishment
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In addition to the punishment imposed for the commission of a criminal act, the court shall impose a special punishment of one hundred dollars ($100) for each misdemeanor and three hundred dollars ($300) for each felony upon all persons convicted thereof. The punishment set forth herein shall be paid by means of the corresponding internal revenue stamps. The amounts thus collected shall be covered into the Crime Victims’ Special Compensation Fund.
History —June 18, 2004, No. 149, § 67, eff. May 1, 2005.
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https://law.justia.com/codes/puerto-rico/title-thirty-three/subtitle-4/part-iii/chapter-293/subchapter-ii/4696/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939)›Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732)›PART III - Consequences of the Crime (§§ 4675 — 4732)›Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710)›Subchapter II - Applicable Punshiments (§§ 4693 — 4696)›§ 4696 - Punishment alternatives to imprisonment
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2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4696 - Punishment alternatives to imprisonment
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As an alternative to the punishment of imprisonment, the court may impose one or any combination of the following punishments for third and fourth degree felonies and the attempt thereof, and for attempted second degree felonies: therapeutic confinement, house arrest, probation or community services. Likewise, alternative punishments shall be applicable to accessories after the fact, as defined in § 4672 of this title.
If the court combines one or more of these punishments, it shall ensure that the combination thereof shall not exceed the maximum limit of the term of imprisonment established for the corresponding crime.
The court shall determine the imposition of a punishment alternative to imprisonment taking into consideration the recommendations of the pre-sentencing report, the requirements of each punishment, the degree of the crime and the consequences thereof, the rehabilitation of the convicted person and the security of the community.
History —June 18, 2004, No. 149, § 68, eff. May 1, 2005.
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