Datasets:

url
stringlengths
42
388
state
stringclasses
50 values
path
stringlengths
83
10.4k
title
stringlengths
34
2.24k
content
stringlengths
0
2.39M
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/569/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 569 - Presumptions of law; judicial notice
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 569 - Presumptions of law; judicial notice
Neither presumption of law nor matters of which judicial notice is taken need be stated in an indictment. History —June 18, 1919, No. 58, p. 302, § 49, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/570/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 570 - Allegation of previous conviction
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 570 - Allegation of previous conviction
In an indictment charging the fact of a previous conviction of a public offense, or of an attempt to commit a public offense, it is sufficient to state “that the defendant, before the commission of the offense charged in this indictment, was sentenced for the offense of _________ (giving the name of the offense) in _________ (giving the name of the court by which he was sentenced).” History —June 18, 1919, No. 58, p. 302, § 50, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/571/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 571 - Several defendants
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 571 - Several defendants
When an accusation is made against several defendants, an indictment may be found against some of them and not against others. History —June 18, 1919, No. 58, p. 302, § 51, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/572/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 572 - Grounds for setting aside indictment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 572 - Grounds for setting aside indictment
The indictment must be set aside by the court upon motion of the defendant made at the time of the reading of the indictment, in any of the following cases: (1) Where it is not found, indorsed or presented as prescribed in this chapter: (2) When a person has been permitted to be present during the deliberations of the Grand Jury in the case under consideration, except as otherwise provided by this chapter. (3) When the defendant has good ground for challenge either to the panel or any individual juror and has not been summoned for the drawing of the jury in the manner and at the time provided by this chapter. (4) When the names of the witnesses examined before the Grand Jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment or indorsed thereon. History —June 18, 1991, No. 58, p. 302, § 52, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/573/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 573 - Waiver of objections
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 573 - Waiver of objections
If the motion to set aside the indictment is not made, the defendant is precluded from afterwards taking the objections mentioned in § 572 of this title, and no objection of any kind whatsoever to the panel or to an individual grand juror either by challenge, motion to quash, or otherwise, shall be considered by the court after the impanelling of the petit jury. History —June 18, 1919, No. 58, p. 302, § 53, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/574/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 574 - Hearing and decision of motion to set aside indictment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 574 - Hearing and decision of motion to set aside indictment
The provision of §§ 147, 148 and 149 of the Code of Criminal Procedure shall be applicable to all proceedings had before or after a motion to set aside an indictment. History —June 18, 1919, No. 58, p. 302, § 54, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/575/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 575 - Grand juror not to serve as petit juror
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 575 - Grand juror not to serve as petit juror
No grand juror who has taken part in the deliberations as to a charge against a person accused of the commission of an offense shall thereafter serve as a petit juror on the trial of such person for the commission of the same offense. History —June 18, 1919, No. 58, p. 302, § 55, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/576/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 576 - “Juror” or “jurors”, defined for penal code
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 576 - “Juror” or “jurors”, defined for penal code
The word “juror” or “jurors,” as used in Title 33, the Penal Code of Puerto Rico, shall include the members of the Grand and of the Petit Jury. History —June 18, 1919, No. 58, p. 302, § 56, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iii/chapter-33/577/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577)›Chapter 33 - Grand Jury (§§ 521 — 577)›§ 577 - Procedure after filing of indictment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 577 - Procedure after filing of indictment
An indictment having been filed with the court by the Grand Jury, the same procedure as in the case of an information by the prosecuting attorney, shall be followed subsequently as far as possible. History —June 18, 1919, No. 58, p. 302, § 57, eff. 90 days after June 18, 1919.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-39/636/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 39 - The Jury (§§ 611 — 640)›§ 636 - Summoning of additional jurors if list is exhausted
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 39 - The Jury (§§ 611 — 640) › § 636 - Summoning of additional jurors if list is exhausted
Should a jury not be obtained for the trial of a cause from all the jurors selected by the commissioners, the court may proceed forthwith and supply a sufficient number of juror for the trial of said cause. The court shall direct the marshal to summon a sufficient number of qualified persons as such jurors until such jury for the trial of said cause is completed. History —Mar. 10, 1904, p. 127, § 9, eff. July 1, 1904.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-39/637/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 39 - The Jury (§§ 611 — 640)›§ 637 - Summoning of additional jurors if list is exhausted—Oath of marshal
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 39 - The Jury (§§ 611 — 640) › § 637 - Summoning of additional jurors if list is exhausted—Oath of marshal
Whenever it may be necessary to summon jurors who have not been selected by the jury commissioners, the court shall administer to the marshal and his deputies the following oath: “You do solemnly swear that you will, to the best of your ability, and without bias of prejudice towards any party, summon such jurors as may be ordered by the court; that you will select more but impartial, suitable and sober men, having the qualifications of jurors under the law; that you will not, directly or indirectly, converse or communicate with any juryman touching any case pending for trial; that you will not by any means attempt to influence, advise or control any juryman in his opinion of any case which may be tried by him, so help you God.” History —Mar. 10, 1904, p. 127, § 10, eff. July 1, 1904.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-39/639/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 39 - The Jury (§§ 611 — 640)›§ 639 - Penalty for failure of juror to appear
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 39 - The Jury (§§ 611 — 640) › § 639 - Penalty for failure of juror to appear
If any person summoned to appear as trial juror fails, refuses, or neglects to appear he shall be considered guilty of contempt of court and may be fined by the court in any sum not less than five (5) dollars nor more than twenty-five (25) dollars; and if any person, when second order or attachment is issued, neglects or refuses to appear, he may be fined as above provided and imprisonmed by the court not longer than ten (10) days in jail. History —Code Crim. Proc., 1935, § 205.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-43/750/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 43 - The Trial (§§ 711 — 752)›§ 750 - Costs in criminal cases; payment by defendant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 43 - The Trial (§§ 711 — 752) › § 750 - Costs in criminal cases; payment by defendant
As provided below, the sum of forty dollars ($40) shall be paid for each unjustified motion or petition for stay of the trial of a contentious case in the Court of First Instance filed, orally or in writing, by the defendant or his/her attorney. Likewise, the sum of twenty dollars ($20) shall be paid for each motion or petition for stay of any other judicial proceeding, matter or process in the Court of First Instance filed, orally or in writing by the defendant or his/her attorney. It is hereby provided that the fees for stay of proceedings shall also apply to petitions for stay filed orally with the court. In the case of an oral petition, the court shall ensure strict compliance with the provisions herein provided and order the payment of said fee as soon as possible. This fee shall be paid by the defendant’s attorney when the written petition for stay lacks the signature of his/her client, or when such consent does not arise from the oral petition through the affirmation of the counsel. Should the defendant consent to it, he/she and not his/her counsel, shall be liable for the payment of the corresponding fee. Except as hereinafter provided, every petition for stay shall bear the corresponding special stay of proceedings stamp or attesting evidence of the payment of such fees at the Court Clerk Office if other payment methods are adopted. The payment of the fee for the stay of proceedings shall be automatic and shall not affect the authority of the court to deny or grant the stay sought if it is in order, to begin a proceeding of contempt, or to impose other penalties on the parties or their attorneys. As an exception, the courts may exempt from the payment of the filing fee for stay of proceedings herein provided, when, jointly with a duly grounded petition for stay, the petitioner shows attesting evidence that his/her petition for stay is due to a conflict in schedule caused by the Court for summoning the petitioner in his/her absence. When a party or its attorney files a petition for exemption from the payment of the fee for stay of proceedings, under this exception, it shall not enclose the special stamp corresponding to the fee for stay of proceedings, nor pay it by other means to be adopted in the future, until the court resolves such petition and orders otherwise, if it so determine. If the Court does not grant the petition for exemption from the payment of the fee for stay of proceedings provided herein, because the circumstances therefor did not concur, the Court shall order the attorney or party filing such petition for stay to pay the corresponding fees at the Court Clerk Office within a term it deems appropriate. The Commonwealth of Puerto Rico, its agencies and other instrumentalities, institutions and other natural or juridical persons at present exempted from the payment of the costs and fees prescribed by law shall continue to be exempted from payment of the fee for stay of proceedings herein provided. The Secretary of the Treasury shall design a special stay of proceedings stamp and sell it according to the regulations in effect regarding internal revenue stamps or any other regulations that he/she may adopt to such effect. Likewise, it may establish the payment of the fee for stay of proceedings provided herein electronically, in coordination with the Chief Justice of the Supreme Court of Puerto Rico. The Secretary of the Treasury shall use the amounts collected on account fees for the stay of proceedings to defray the expenses and fees of attorneys appointed by the court. Likewise, any surplus shall be appropriated to the Department of Justice so that, according to the existing needs, it may hire institutions to render free legal services to persons with limited financial resources. History —Code Crim. Proc., 1935, § 271; Aug. 8, 1974, No. 8, Part 2, p. 607; Jan. 5, 2000, No. 20, § 1; July 30, 2009, No. 47, § 16, eff. July 1, 2010.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-43/752/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 43 - The Trial (§§ 711 — 752)›§ 752 - Fees for witnesses and jurors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 43 - The Trial (§§ 711 — 752) › § 752 - Fees for witnesses and jurors
The Chief Justice of the Supreme Court of Puerto Rico is hereby authorized, upon consideration of the amounts available in the budget, and other essential factors, to promulgate regulations to fix the types of honorariums, including per diems and mileage, for the witnesses and jurors that appear before the courts of justice in Puerto Rico. Provided, That said honorariums shall not be less than twenty dollars ($20) for each day of service; and that a minimum of twenty-five dollars ($25) for each day of appearance shall be provided for citizens who reside in the municipalities of Vieques and Culebra. History —May 10, 1947, No. 338, p. 580, § 1; June 9, 1969, No. 31, p. 47, § 2; Jan. 10, 1999, No. 33, § 1, retroactive to Jan. 1, 1999.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-45/781/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 45 - Conduct of Jury After Submission of Cause (§§ 781 — 783-788)›§ 781 - Room for jury
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 45 - Conduct of Jury After Submission of Cause (§§ 781 — 783-788) › § 781 - Room for jury
A room must be provided for the use of the jury, upon their retirement for deliberation, with suitable furniture, lights and stationery. History —Code Crim. Proc., 1935, § 272.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-iv/chapter-45/782/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911)›Chapter 45 - Conduct of Jury After Submission of Cause (§§ 781 — 783-788)›§ 782 - Food and lodging
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 45 - Conduct of Jury After Submission of Cause (§§ 781 — 783-788) › § 782 - Food and lodging
While the jury are kept together either during the progress of the trial or after their retirement for deliberation, they must be provided with suitable and sufficient food and lodging by the court officer. History —Code Crim. Proc., 1935, § 273.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-59/969/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 59 - Judgment (§§ 951 — 970)›§ 969 - Entry of judgment of conviction; record of action
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 59 - Judgment (§§ 951 — 970) › § 969 - Entry of judgment of conviction; record of action
When judgment upon a conviction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction (if one) and must, within five (5) days, annex together and file the following papers, which will constitute a record of the action: (1) The information, and copy of the minutes of the plea or demurer; (2) a copy of the minutes of the trial; (3) all the charges given by the court to the jury and those requested by the parties, and the endorsement thereon, and (4) a copy of the judgment. The court clerks shall remit, within five (5) days following the date on which the judgment is to be final and firm, a certified copy of the judgment in the criminal charges concerning the adulteration of milk, §§ 791-795 of Title 24, to the Secretary of Health, the Administrator of the Milk Industry and the Secretary of Agriculture. History —Code Crim. Proc., 1935, § 326; Apr. 10, 1979, No. 35, p. 87, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-59/970/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 59 - Judgment (§§ 951 — 970)›§ 970 - Disposition of fines, penalties, and costs in criminal cases
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 59 - Judgment (§§ 951 — 970) › § 970 - Disposition of fines, penalties, and costs in criminal cases
All fines and penalties, and all costs in criminal cases, imposed and collected by any court of Puerto Rico shall be deposited in the General Fund of the Government, but fifty percent (50%) thereof shall be credited to the fund of the University of Puerto Rico. The payment of fines or penalties shall be made electronically or by other method or instrument adopted by the Chief Justice of the Supreme Court in coordination with the Secretary of the Treasury. History —Apr. 8, 1916, No. 11, p. 45, § 2; July 30, 2009, No. 47, § 18, eff. July 1, 2010.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-61/995/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 61 - Execution (§§ 991 — 995)›§ 995 - Death penalty abolished
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 61 - Execution (§§ 991 — 995) › § 995 - Death penalty abolished
The death penalty is hereby definitively abolished in Puerto Rico. History —Apr. 26, 1929, No. 42, p. 232, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1026/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1026 - Probation system—Establishment in courts
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1026 - Probation system—Establishment in courts
There is hereby established a system of probation in the courts of Puerto Rico. History —Apr. 3, 1946, No. 259, p. 534, § 1; May 4, 1949, No. 177, p. 556, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1027/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1027 - Probation system—Suspended sentence and probation; fine; restitution; custody and supervisi...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1027 - Probation system—Suspended sentence and probation; fine; restitution; custody and supervision
The Court of First Instance may suspend the effect of the sentence of imprisonment in all cases of felonies and in all cases of misdemeanors that arise from the same facts or from the same transactions other than: (1) Felony with penalty in the classifications of first degree or second degree as typified in the new Penal Code of Puerto or in a special law. (2) One (1) of the following felonies with penalties in the classification of the third degree: lewd acts when the victim is a minor under fourteen (14) years of age, producing child pornography, possessing and distributing child pornography, using a minor for child pornography, kidnapping, burglary, robbery, havoc, negligent homicide, bribery, offer to bribe, unlawful taking of property or embezzlement of public funds, unjust enrichment, and misappropriation of public funds. (3) One of the following felonies of the Puerto Rico Weapons Law, with penalty of third degree felony, violation [of] § 458 (manufacture, sale and distribution of arms), § 458a (prohibition to sell arms to unlicensed persons), § 458g (possession or sale of arms with silencer), § 458h (facilitation of arms to third parties), and § 458i (arms with mutilated serial number), all of Title 25. (4) Felony that arises as a consequence of the possession or illegal use of explosives or substances to manufacture explosives or detonators, artifacts or mechanisms prohibited by the Puerto Rico Explosives Act, as amended. (5) A felony for the commission of which the person used or intended to use a firearm. (6) One of the following felonies of the Controlled Substances Act: § 2401 (prohibited acts); § 2405 (distribution to persons under eighteen (18) years of age; § 2411 (employment of minors); § 2411a (introduction of drugs to schools and institutions), all of Title 24. (7) An attempt to or cooperation in any of the crimes excluded in subsections (a) to (f) above. It may likewise suspend the effects of a sentence ordered in all cases of misdemeanors that arise from the same facts or from the same transaction that has also resulted in a sentence for a felony other than those excluded from the benefits of §§ 1026—1029 of this title, including the case in which a person has been found not guilty for said felony or that said felony has been reduced to a misdemeanor, and thus convicted, shall order that the sentenced person be released on probation provided that at the time of imposing said sentence all the requirements listed hereinafter concur: (1) That said person, prior to the date on which the sentence imposed is to be suspended, has not been convicted, sentenced and imprisoned for any felony prior to the commission of the offense for which he/she is being prosecuted, and who has not had the effects of a prior sentence for a felony suspended; (2) that the circumstances in which the offense was committed do not provide evidence that the offender exhibits a behavioral or character trait whose favorable solution demands the confinement of said person in one of the penal institutions of Puerto Rico, in the interest of the proper protection of the community; (3) that the sentencing judge has before him/her a report rendered by the Corrections Administrator after the latter has made a thorough investigation of the family background and social history of the person sentenced, and that from the contents of said report, the sentencing judge may conclude that no aspect of the life of such a person proves the need for having him/her confined in any of the penal institutions of Puerto Rico to accomplish the reformation or rehabilitation contemplated for such a person by law as a measure for ensuring the adequate protection of the community. The sentencing court, at its own discretion, in addition to placing the sentenced person on probation, may also impose a fine whose amount shall remain at the discretion of the court. Provided, further, That the person on probation may be required, while on probation, to redress the aggrieved party for the damages caused, or to assume the obligation of correcting the harm caused by his/her offense. Provided, further, That after being put on probation, the person shall remain under the legal custody of the court until the expiration of the term fixed in his/her sentence, and (4) that, in those cases in which there is an obligation to pay child support, said person has complied with the obligation of making such payments or has assumed a payment plan and is in compliance with the same. In case of misdemeanors that do not arise from the same facts or transactions that resulted in a felony, the Court of First Instance may, likewise, suspend the effect of the sentence when it is solely of imprisonment, and shall order that the person sentenced be released on probation, provided that at the time of imposing said sentence all of the requirements listed hereinafter concur: (1) That said person, prior to the date on which the sentence imposed is to be suspended, has not been convicted, sentenced and imprisoned for any felony prior to the commission of the offense for which he/she is being prosecuted, and who has not had the effects of a prior sentence for a felony suspended. (2) That the circumstances under which the offense was committed do not provide evidence that the offender exhibits a behavioral or character trait whose favorable solution demands the confinement of said person in one of the penal institutions of Puerto Rico, in the interest of the proper protection of the community. (3) That the sentencing judge has before him/her a report rendered by the Corrections Administrator after the latter has made a thorough investigation of the criminal background and social history of the person sentenced, and that from the contents of said report, the sentencing judge may conclude that no aspect of the life of such a person proves the need for having him/her confined in one of the penal institutions of Puerto Rico, to accomplish the reformation or rehabilitation contemplated for such a person by the law as a measure for ensuring the adequate protection of the community. (4) That, in those cases in which there is an obligation to pay child support, said person has complied with the obligation of making such payments or has assumed a payment plan and is in compliance with the same. Pursuant to the provided above, the sentencing court may also suspend the effects of the sentence of imprisonment that it has ruled in all cases of negligent homicide in its modality of lesser offense that was not caused while driving a vehicle under the influence. History —Apr. 3, 1946, No. 259, p. 534, § 2; May 4, 1949, No. 177, p. 556, § 1; June 16, 1956, No. 57, p. 174; June 27, 1958, No. 130, p. 314; June 19, 1959, No. 58, p. 165, § 1; June 19, 1965, No. 61, p. 120; May 30, 1970, No. 93, p. 247; June 23, 1971, No. 61, p. 193, § 1; Apr. 17, 1972, No. 15, p. 27; July 22, 1974, No. 119, Part 1, p. 548, § 1; Aug. 5, 1975, No. 19, p. 650; June 22, 1977, No. 99, p. 222; July 20, 1979, No. 160, p. 408; June 4, 1980, No. 105, p. 342, § 1; June 3, 1985, No. 22, p. 70; Aug. 9, 1989, No. 50, p. 169, § 4; Nov. 30, 1989, No. 8, p. 554; July 27, 1993, No. 33, § 1; Aug. 5, 1993, No. 56, § 1; Aug. 17, 1994, No. 86, § 61; Sept. 2, 1999, No. 301, § 1; June 3, 2004, No. 136, § 1; Sept. 23, 2004, No. 479, § 1; Dec. 28, 2010, No. 219, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1027a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1027a - Probation system—Additional conditions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1027a - Probation system—Additional conditions
The trial court, in all cases in which it directs that the person who is sentenced is to be released on probation, shall impose and state in writing, as part of the condition of probation, the commitment of the parolee not to engage in criminal conduct nor relate to persons known for their participation in illegal activities, while he is enjoying the benefits granted by §§ 1026—1029 of this title. As a condition for probation, the person sentenced shall have satisfied the special penalty to the Victim’s Fund provided in the Penal Code of the Commonwealth of Puerto Rico, shall consent to submit to a regular program for the detection of controlled substances through reliable tests that allow for his/her orientation, treatment and rehabilitation, to the taking of a sample for DNA analysis, if required by law, and shall also register his/her name, address and other personal information in the Registry of Persons Convicted for Violent Sexual Crimes and Child Abuse created by law in the Criminal Justice Information System or in the Registry of Persons Convicted for Corruption when convicted for a crime of those listed therein. The sentenced person shall consent, besides, to have his[/her] probation revoked in absentia in cases where said person has left the jurisdiction or domicile thereof is unknown for having moved without informing the probation officer. Furthermore, the person on probation, as a condition therefor, shall consent, if accused of committing a felony, to having the initial summary hearing provided by § 1029 of this title held jointly with the hearing to determine probable cause. The determination of probable cause for the commission of a new crime is sufficient cause to provisionally revoke the benefits of probation at that time. History —Apr. 3, 1946, No. 259, p. 534, added as § 2A on May 29, 1986, No. 31, p. 77, § 1; June 19, 1987, No. 35, p. 116, § 1; Dec. 8, 1990, No. 29, p. 1527, § 1; July 1, 1997, No. 28, § 12; July 29, 1998, No. 183, § 21; Aug. 25, 2000, No. 195, § 11; Sept. 9, 2004, No. 266, § 13; Sept. 23, 2004, No. 479, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1028/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1028 - Probation system—Duration of probation; disciplinary regime and treatment plan
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1028 - Probation system—Duration of probation; disciplinary regime and treatment plan
The duration of the probation period referred to in §§ 1026-1029 of this title shall be the same as the duration of the term fixed in the sentence. During the probation period the Corrections Administration shall exercise the degree of supervision it may consider necessary to accomplish the rehabilitation of the person and to protect the community. Any person placed on probation shall be submitted to a disciplinary regime of life and to a treatment plan, whose duration and conditions shall remain at the discretion of the Corrections Administration, according to the specific behavior problem presented by the person on probation. The Corrections Administration, upon consulting with the Institute of Forensic Sciences, shall adopt the needed regulations and shall establish the testing procedures to detect controlled substances for all persons on probation. Their refusal to submit to the test program or to the rehabilitation treatment designed by the Corrections Administration shall be sufficient grounds for the trial court to revoke probations of §§ 1026-1029 of this title. History —Apr. 3, 1946, No. 259, p. 534, § 3; § 1; July 22, 1974, No. 119, Part 1, p. 548, § 2; June 4, 1980, No. 105, p. 342, § 2; June 19, 1987, No. 35, p. 116, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1029/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1029 - Probation system—Revocation of probation; reports on conduct
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1029 - Probation system—Revocation of probation; reports on conduct
At any time that a person’s probation is incompatible with the needed security of the community or with the purpose of rehabilitating the criminal, the trial court may, in its judgment, revoke said probation and shall order the confinement of the convicted person for the full term of the sentence whose execution was originally suspended to place him on probation without crediting him with the period of time he was on probation. The sentencing court may request the Corrections Administration to furnish a periodic report of the conduct of the probationer at any time. Furthermore the trial court which would have resolved to grant probation to a person under § 2404(b)(1) of Title 24, a part of the Controlled Substances Act, or under Rule 247.1 of Criminal Procedure, App. II of this title, will be able to revoke probation and to order the serving of the sentence when the probationer did violate any of the conditions for said parole. If the Attorney General’s Office wishes to obtain the revocation of probation, and consequently the arrest and confinement of the probationer, the court shall conform to the following procedure: (1) By request of the attorney general, it shall conduct an ex parte initial hearing within forty-eight (48) hours to evaluate whether there is probable cause to believe that the probationer has violated the conditions of his probation. The revocation petition shall be made before any magistrate of the Court of First Instance or Municipal Judge, except the judge who initially sentenced the probationer under § 2404(b)(1) of Title 24 or under Rule 247.1 of Criminal Procedure, App. II of this title, who, immediately upon receiving it, shall decide whether to order the immediate arrest of the probationer or whether he will summon him for the initial summary hearing. The judge’s discretionary decision to arrest or to summon at this stage shall be grounded on an examination by the sociopenal official or of the official or person in charge of the institution or program in charge of the rehabilitation of the probationer, and his report with regard to the seriousness of the conditions that allegedly were not met, the person’s prior criminal record, the person’s conduct during probation and any other pertinent matters. (a) If the judge chooses to summon the probationer and he does not appear, his immediate arrest may be ordered. (b) The summons or the warrant for arrest shall include a statement of the procedures conducted, shall clearly and concisely state the alleged violations of the conditions of probation, and in case of arrest, the bail imposed, if any. (c) If the probationer is arrested, he shall be taken before a magistrate in the shortest term possible to hold the initial summary hearing. In normal circumstances this term shall not exceed seventy-two (72) hours from the time he was arrested. In the event he cannot post bail, if any was set, the judge shall order his confinement. (2) He shall conduct an initial summary hearing to determine if the revocation of probation and confinement until the final hearing is held is in order. The probationer shall be given the opportunity to be heard and present evidence in his behalf. He may, in turn, confront the petitioning sociopenal official or officer or person in charge of the institution or program in charge of the rehabilitation of the probationer who filed the report in court, and the adversary witnesses available at this stage. The court shall decide from case to case, the need of maintaining the anonymity of the persons interviewed by the sociopenal official or the officer or person in charge of the institution or program for their report, for their personal safety. The burden of proof shall rest on the Attorney General. The hearing shall be informal in nature and the Rules of Evidence, App. IV of Title 32, shall only be applied with flexibility, so that they do not hinder or vitiate the procedure. The Rules of Criminal Procedure, App. II of this title, shall govern in the measure that they are not incompatible with the informal, summary nature of the hearing. The judge shall make a succinct written summary of the facts and of his decision which shall be served on the probationer and the Attorney General. The probationer may be assisted by counsel. In case of a probationer who is on probation as provided in § 1027a of this title, or probation pursuant to § 2404(b)(1) of Title 24 or to Rule 247.1 of Criminal Procedure, App. II of this title, who is charged with committing a felony, the initial summary hearing shall be held in the form and manner provided herein, together with the hearing to determine probable cause of the crime he is charged with, in such a way that its prompt and fair determination is not hindered. The court may provisionally revoke the probationer’s freedom at that time. (3) A final hearing shall be conducted after the initial summary hearing is held and the provisional revocation and confinement is determined. Except for just cause or agreement of the parties, with the consent of the judge, the final revocation hearing shall be held within a term of not more than fifteen (15) days from the date the initial summary hearing was conducted. (a) The probationer is entitled to receive prior written notice sufficiently in advance of the alleged probation violations which will allow him to prepare himself adequately and to be represented by counsel. Subject to the protection of the persons interviewed who were guaranteed anonymity for security reasons, he can confront the oral evidence against him and present evidence in his behalf. (b) The burden of proof shall rest on the Attorney General. The judge’s decision based on the preponderance of evidence shall be in writing and shall reflect the findings of basic facts, the evidence on which he based it and the reasons that justify the revocation. The probationer and the Attorney General shall be served with said decision. (c) The court may consolidate both hearings if the initial hearing is suspended by petition or by causes attributed to the probationer by petition of his lawyer or when the Attorney General does not request or cannot obtain the arrest and confinement of the probationer. In this last circumstance the final, definite revocation hearing shall be docketed with at least thirty (30) days prior notice. (4) The initial summary hearings and the final hearing shall be elucidated before different judges, but the final hearing may be conducted before the same judge who originally sentenced the probationer: (5) In every procedure established in §§ 1026—1029 of this title, due process of law shall be complied with. History —Apr. 3, 1946, No. 259, p. 534, § 4; May 4, 1949, No. 177, p. 556, § 1; July 22, 1974, No. 119, Part 1, p. 548, § 3; May 29, 1986, No. 31, p. 77, § 2; July 13, 1988, No. 88, p. 362, § 1; Dec. 8, 1990, No. 29. p. 1527, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1030/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1030 - Suspended sentence in misdemeanor cases when defendant is under 16 or over 60
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1030 - Suspended sentence in misdemeanor cases when defendant is under 16 or over 60
Judges at the time of passing sentence, may suspend the execution of such sentences as they may impose in cases of midemeanor when the defendant is under sixteen (16) years of age or over sixty (60), provided the defendant shall not have been previously convicted of any crime. History —Mar. 12, 1914, No. 19, p. 151, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1031/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1031 - Suspended sentence in misdemeanor cases when defendant is under 16 or over 60—Conditions; c...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1031 - Suspended sentence in misdemeanor cases when defendant is under 16 or over 60—Conditions; conviction of new crime
During the term of any sentence which has been suspended, the defendant shall remain subject to the control of the court in which the sentence was imposed, and the judge of such court shall have authority to prescribe the conditions for the suspension of the sentence and when satisfied of the misbehavior of the defendant, to order his commitment for the unexpired term of his sentence. Whenever a person, the execution of whose sentence has been suspended by virtue of the provisions of § 1030 of this title, is afterwards convicted of a new crime, the suspension of the first shall be null and he shall serve all or such part of it as he has not already served in addition to such sentence as may be imposed at the time of such second conviction. History —Mar. 12, 1914, No. 19, p. 151, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1039/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1039 - Time served before suspension of sentence
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1039 - Time served before suspension of sentence
The time that a person may have been deprived of his liberty under a sentence which is subsequently suspended, shall be fully deducted from the prison term that said person must serve in case he has to resume the serving of said sentence. History —Apr. 10, 1946, No. 293, p. 752, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1040/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1040 - Time served before suspension of sentence—Application to concurrent and consecutive sentenc...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1040 - Time served before suspension of sentence—Application to concurrent and consecutive sentences
Neither all nor part of the time to be deducted according to the provisions of §§ 1039-1041 of this title shall be deducted from two or more prison terms at the same time, that is, concurrently. If, after covering a prison term by deducting part of the time that a person may have been deprived of his liberty, as provided in the foregoing sections, any portion of said time is left, the excess shall be deducted from the prison term which said person must serve under another consecutive sentence, and so forth, as the case may be. History —Apr. 10, 1946, No. 293, p. 752, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1041/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1041 - Time served before suspension of sentence—Preference of deductions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1041 - Time served before suspension of sentence—Preference of deductions
The deductions mentioned in §§ 1039-1041 of this title shall be made by the proper penal authorities with preference over any other reductions or deductions authorized by other laws, except where it is otherwise provided in said laws. History —Apr. 10, 1946, No. 293, p. 752, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1042/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1042 - Suspended sentences in felony cases and certain cases of misdemeanor when defendant is unde...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1042 - Suspended sentences in felony cases and certain cases of misdemeanor when defendant is under 21 years old
The Judges of the Court of First Instance of Puerto Rico are hereby authorized, in the exercise of their discretion, to grant suspended sentences in any felony case, except murder in the first degree, when the use or the attempted use of a firearm is involved in the commission or the attempted commission of a felony, or in violation of the provisions of § 2411(a) of Title 24, part of the Controlled Substances Act of Puerto Rico, and in any misdemeanor arising from acts involved in the felony and not excluded from the benefits of this section, including the case in which the person has been found not guilty of the felony, but guilty of acts involved therein which constitute a misdemeanor, if the person convicted was under 21 years of age on the date the crime was committed. History —June 29, 1955, No. 103, p. 548, § 2; June 27, 1958, No. 133, p. 325, § 2; July 27, 1993, No. 33, § 2; Jan. 17, 1995, No. 6, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1043/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1043 - Suspended sentences in felony cases and certain cases of misdemeanor when defendant is unde...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1043 - Suspended sentences in felony cases and certain cases of misdemeanor when defendant is under 21 years old—Pending cases
The provisions of § 1042 of this title and this section shall moreover be applicable in their effects to all cases pending judgment and all minors already sentenced on the date of the approval of this act if the said cases meet the requirements herein established and if the said minors have not reached 21 years of age. History —June 29, 1955, No. 103, p. 548, § 3, eff. July 1, 1955.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-v/chapter-63/1044/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART V - Judgment and Execution (§§ 951 — 1044)›Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044)›§ 1044 - Fixed sentence system on sentence of imprisonment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1044 - Fixed sentence system on sentence of imprisonment
The fixed sentence system is hereby established in Puerto Rico. When the court orders a sentence of imprisonment, it shall hand down a fixed sentence with a specific term of duration. In felony cases a fixed term established by law shall be imposed for the crime committed. Should there be extenuating or aggravating circumstances, the court must increase or decrease the established fixed sentence within the limits established by law for the crime. In these cases the prison term to be imposed shall also be fixed. History —June 4, 1980, No. 100, p. 278, § 1, eff. 9 months after June 4, 1980.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-vi/chapter-73/1171/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VI - Appeals to Supreme Court (§§ 1071 — 1172)›Chapter 73 - Judgment Upon Appeal (§§ 1171 — 1172)›§ 1171 - Errors not affecting rights or not excepted to; fundamental errors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VI - Appeals to Supreme Court (§§ 1071 — 1172) › Chapter 73 - Judgment Upon Appeal (§§ 1171 — 1172) › § 1171 - Errors not affecting rights or not excepted to; fundamental errors
Whenever it appears from the record in any criminal case upon appeal in the Supreme Court, that any requirement of the law has been disregarded by the trial court, the judgment shall not be reversed, unless the error appearing from the record was calculated to injure the rights of either of the parties, and was duly excepted to in the trial court; Provided, however, That the appellate court may take cognizance of fundamental errors, appearing in the record, although not excepted to, and render such judgment thereon as the facts and the law may require. History —May 30, 1904, p. 10, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1465/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1465 - Penalty for disobedience of a subpoena or refusal to testify
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1465 - Penalty for disobedience of a subpoena or refusal to testify
Disobedience of a subpoena, or a refusal to be sworn, or to testify as a witness, may be punished by the court as a crime of contumacy or contempt. Any witness who disobeys a subpoena issued by petition of the defendant, unless he shows good cause for failing to appear, is liable to the defendant for the sum of one hundred (100) dollars, which may be recovered through a civil suit. History —Code Crime. Proc., 1935, § 411; Jan. 5, 2000, No. 18, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1471/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1471 - Attendance of witnesses—Summoning witnesses in Puerto Rico to testify in another territory...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1471 - Attendance of witnesses—Summoning witnesses in Puerto Rico to testify in another territory or state
If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in criminal prosecutions in Puerto Rico, certifies under the seal of such court that there is a criminal prosecution for a felony pending in such court, that a person being within this Commonwealth is a material witness in such prosecution, and that his presence will be required for a specified number of days, upon receipt of such certificate, the judge of the part of the Court of First Instance in which such person is, shall fix a time and place for a hearing and shall notify the witness of such time and place. If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the said witness to be compelled to attend and testify in the prosecution in the other state or territory, that the witness will not be compelled to travel more than two thousand (2,000) miles to reach the place of trial by the ordinary routes of travel, and that the laws of the state in which the prosecution is pending and those of any other state through which the witness may be required to pass by the ordinary route of travel will give him protection from arrest and from the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, at a time and place specified in the summons. If the witness, who is summoned as above provided, after being paid, or tendered payment, by some properly authorized person, the sum of ten (10) cents a mile for each mile traveled by the ordinary routes to and from the court where the prosecution is pending, and five (5) dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued by the Court of First Instance in Puerto Rico. History —May 13, 1934, No. 60, p. 416, § 1, eff. 90 days after May 13, 1934.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1472/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1472 - Attendance of witnesses—Witnesses from another state or territory summoned to testify in Pu...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1472 - Attendance of witnesses—Witnesses from another state or territory summoned to testify in Puerto Rico
If a person in any state which, by its laws, has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in Puerto Rico is a material witness in a prosecution for felony pending in the Court of First Instance of Puerto Rico, the judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the country in which the witness is found. If the witness is summoned to attend and testify in criminal prosecution in this Commonwealth, he shall be paid the sum of ten (10) cents a mile for each mile traveled by the ordinary routes to and from the court, and five (5) dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in Puerto Rico for a longer period of time than the period mentioned in the certificate. History —May 13, 1934, No. 60, p. 416, § 2, eff. 90 days after May 13, 1934.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1473/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1473 - Attendance of witnesses—Exemption from arrest and service of process
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1473 - Attendance of witnesses—Exemption from arrest and service of process
If a person comes to Puerto Rico in obedience to a summons directing him to attend and testify in a criminal prosecution in this Commonwealth, he shall not, while in this Commonwealth pursuant to such summons, be subject to arrest or to the service of process, civil or criminal, in connection with matters which arose before his entrance into this commonwealth under the summons. If a person passes through this Commonwealth while going to another state or territory in obedience to a summons to attend and testify in that state or territory, or while returning therefrom, he shall not, while so passing through this Commonwealth, be subject to arrest or to the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons. History —May 13, 1934, No. 60, p. 416, § 3, eff. 90 days after May 13, 1934.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1474/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1474 - Attendance of witnesses—Uniformity of interpretation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1474 - Attendance of witnesses—Uniformity of interpretation
Sections 1471-1475 of this title shall be interpreted with regard to their general purpose to make uniform the law of the states which enact and promulgate them. History —May 13, 1934, No. 60, p. 416, § 4, eff. 90 days after May 13, 1934.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1475/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1475 - Attendance of witnesses—Short title
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475 - Attendance of witnesses—Short title
Sections 1471-1475 of this title shall be known as “Uniform act to secure the attendance of witnesses within or from without the Commonwealth in criminal cases”. History —May 13, 1934, No. 60, p.416, § 5, eff. 90 days after May 13, 1934.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1475a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1475a - Prisoners as witnesses within or without Puerto Rico in criminal cases—Hearing on certific...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475a - Prisoners as witnesses within or without Puerto Rico in criminal cases—Hearing on certificate from another state or territory
If a judge of a court of record in a state or territory whose laws authorize the summoning of witnesses confined in penal and correctional institutions within the state to appear before the courts of Puerto Rico, certifies that there is a criminal case pending before such court or before a grand jury, and that an inmate of a penal or correctional institution of Puerto Rico is a material witness in said case whose presence is required during a certain period of time, the superior judge of the court part in whose territory the inmate is shall, upon receipt of such a certificate and after giving notice to the Secretary of Justice, set a date and place for a hearing and order the person in charge of the inmate to have the latter appear at the hearing. History —June 14, 1957, No. 57, p. 134, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1475b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1475b - Prisoners as witnesses within or without Puerto Rico in criminal cases—Order by superior j...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475b - Prisoners as witnesses within or without Puerto Rico in criminal cases—Order by superior judge; conditions
If at such hearing the judge finds that the inmate is a material witness in the summoning jurisdiction, he shall issue an order for the inmate to appear before the court where the criminal case is being tried, all subject to such conditions as the judge may impose, including, among others, provisions for the return of the inmate after giving testimony, for the proper custody of the inmate, and for the refund, by the summoning jurisdiction, of the expenses incurred in the return trip of the inmate. History —June 14, 1957, No. 57, p. 134, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1475c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1475c - Prisoners as witnesses within or without Puerto Rico in criminal cases—Agreements by Secre...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475c - Prisoners as witnesses within or without Puerto Rico in criminal cases—Agreements by Secretary of Justice with other jurisdictions
The Secretary of Justice is hereby empowered to act on behalf of the Commonwealth of Puerto Rico in the making of agreements with the authorities of the summoning jurisdiction, whenever he may see fit, for proper compliance with the orders of the Court of First Instance, and shall forward a copy thereof to the House of Representatives and the Senate of Puerto Rico within thirty (30) days after such agreements are entered into. History —June 14, 1957, No. 57, p. 134, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1476/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1476 - Compelling production of evidence; immunity from prosecution—Duty of witness to testify and...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1476 - Compelling production of evidence; immunity from prosecution—Duty of witness to testify and produce evidence
Any person summoned as a witness by any prosecuting attorney or magistrate shall be bound to appear and testify or produce books, records, correspondence, documents, or other evidence required of him in any criminal investigation, proceeding, or process. History —Mar. 18, 1954, No. 3, p. 108, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1477/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1477 - Compelling production of evidence; immunity from prosecution—Claim of privilege against sel...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1477 - Compelling production of evidence; immunity from prosecution—Claim of privilege against self-incrimination; order to answer
If, having appeared, such person refuses to answer any question or to produce the evidence required alleging that it might incriminate him, the magistrate shall, motu proprio or at the request of the prosecuting attorney, make a record of the proceedings, and after hearing and setting forth on the record the allegation of the witness, he shall order him to answer the question or produce the evidence required, and such person shall be under obligation to comply with said order. History —Mar. 18, 1954, No. 3, p. 108, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1478/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1478 - Compelling production of evidence; immunity from prosecution—Immunity from prosecution
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1478 - Compelling production of evidence; immunity from prosecution—Immunity from prosecution
When a person has obeyed such an order so given, he shall not be prosecuted, nor shall he be subject to any penalty or confiscation whatsoever with regard to any transaction, matter or thing concerning which he has testified or produced evidence, if from such testimony or evidence it actually appears that said person had the right to avail himself of the privilege of not testifying or producing evidence in order not to incriminate himself. Said person may, however, be indicted and shall be subject to penalty for any perjury, false answer, or contempt in which he may incur while answering or not answering, producing or not producing evidence, according to the order given by the magistrate. History —Mar. 18, 1954, No. 3, p. 108, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-99/1479/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479)›§ 1479 - Compelling production of evidence; immunity from prosecution—Procedure on violations; penal...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1479 - Compelling production of evidence; immunity from prosecution—Procedure on violations; penalties
Every violation of §§ 1476 and 1477 of this title shall be heard in a summary proceeding in which the defendant shall be allowed two (2) days to answer the complaint and make the allegations he may deem pertinent. The hearing shall be held within the five (5) days following the defendant’s answer. Any person violating the provisions of §§ 1476 and 1477 of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (a) if it is the investigation of a misdemeanor, by a maximum fine of five hundred (500) dollars or imprisonment in jail for a term not exceeding six (6) months, or both penalties, in discretion of the court; (b) if it is the investigation of a felony, by a fine of not less than one thousand (1,000) nor more than five thousand (5,000) dollars or imprisonment in jail for a term of not less than one (1) year nor more than ten (10) years, or both penalties, in the discretion of the court. History —Mar. 18, 1954, No. 3, p. 108, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117a/1723-1723i/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117A - Uniform Seizure Act (1988)›§ 1723—1723i - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117A - Uniform Seizure Act (1988) › § 1723—1723i - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011
History —July 13, 1988, No. 93, p. 378, § 2; Aug. 16, 1989, No. 55, p. 255, § 1; June 10, 1993, No. 14, § 1; Aug. 28, 1996, No. 167, § 1; Jan. 14, 2000, No. 32, § 1; Jan. 1, 2003, No. 18, § 1; Repealed. Act.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117a/1723k-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117A - Uniform Seizure Act (1988)›§ 1723k-1 - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117A - Uniform Seizure Act (1988) › § 1723k-1 - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011
History —July 12, 1988, No. 93, p. 377, added as § 13 on Aug. 16, 1989, No. 55, p. 225, § 5; Repealed. Act.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117a/1723l-1723p/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117A - Uniform Seizure Act (1988)›§ 1723l—1723p - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117A - Uniform Seizure Act (1988) › § 1723l—1723p - Repealed. Act July 12, 2011, No. 119, § 29, effective July 12, 2011
History —July 13, 1988, No. 93, p. 377, § 14; Aug. 16, 1989, No. 55, p. 225, § 6; Mar. 25, 1999, No. 99, § 3; Repealed. Act.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724 - Forfeiture Board
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724 - Forfeiture Board
The Forfeiture Board is hereby created attached to the Department of Justice. The duty of the Board shall be to maintain custody, preserve, control, and dispose of property seized by the Commonwealth of Puerto Rico through forfeiture proceedings. The Board shall be composed of the Secretary of Justice who shall be its Chair, the Superintendent of the Puerto Rico Police, the Secretary of the Treasury, or their authorized representatives. It shall be the responsibility of the Chair of the Board, as the appointing authority, to appoint any other officials and employees as are necessary to achieve the purposes of this chapter, subject to §§ 291-295 of Title 3, known as the “Department of Justice Organic Act”, and §§ 1461 et seq. of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”, or any successor law thereof. In order to make appointments and facilitate compliance with this chapter the Chair of the Board shall avail him/herself of the personnel and administration systems of the Department of Justice insofar as it does not affect the operations of said Department. The Board shall hold at least one (1) regular meeting every six (6) months for the purpose of overseeing the enforcement of the provisions of this chapter, and delegating to the Administrative Director of the Board any duties deemed pertinent. The Board shall hold special meetings when deemed necessary, at the call of the Chair. The Chair may also summon to board meetings any Secretary, Head, or Director of government departments, agencies, offices, or instrumentalities of the Commonwealth of Puerto Rico that he/she believes may assist in forfeiture proceedings or in the seizure or disposal of property. Any expenses incurred by the Department of Justice in discharging the aforesaid duties shall be defrayed from the Special Fund created under this chapter. Board employees shall have the same rights and duties, and shall enjoy the same benefits as the employees of the Department of Justice. History —July 12, 2011, No. 119, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724a - Forfeiture Board—Administrative Director
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724a - Forfeiture Board—Administrative Director
The Chair of the Board shall appoint, with the approval thereof, the Administrative Director of the Board. This official shall discharge specific functions, as determined and delegated by the Board and its Chair, and shall oversee the implementation of the established administrative and operational policies. The Administrative Director shall serve in this office at the will of the Chair of the Board. History —July 12, 2011, No. 119, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724b - Forfeiture Board—Functions, powers, and duties
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724b - Forfeiture Board—Functions, powers, and duties
The Board shall also have the following powers, functions, and duties: (a) To keep a record of all the property seized by the Commonwealth of Puerto Rico through forfeiture proceedings and compile the information on any forfeiture proceedings conducted. (b) To prescribe an administrative procedure by regulations whereby the Administrative Director of the Board may return unduly seized property to the owners thereof. (c) To determine, by regulations, the norms relating to the preservation, control, use, and disposition of forfeited property, and the best use of the resources acquired by the Commonwealth through these means. (d) To establish the method and order of priority to dispose of forfeited property. (e) To determine, by regulations, the rules for the assignment and transfer of forfeited property to law enforcement agencies for official use, as well as to other government agencies that have a public use therefor, subject to the terms and conditions established for such purposes. (f) To establish, by regulations, the eligibility criteria for nonprofit organizations or persons that so request, through a government agency, to be able to receive property or funds transferred to the Commonwealth of Puerto Rico through forfeiture proceedings in a manner that is consistent with this chapter. (g) To establish the rules to dispose of the property transferred to the Government of the Commonwealth of Puerto Rico, as a result of forfeiture proceedings and which turns out to be unlawful or useless. (h) To dispose by means of sale, transfer, exchange, or any other lawful means, of any property forfeited according to the provisions of this chapter, and the proceeds thereof shall be covered into the Special Fund created in this chapter, and subject to the rules established by regulations to guarantee the sound administration and disposal of public funds. (i) To administer the resources of the Special Fund and to authorize, as of June 30th of each year, any transfer therefrom in accordance with the provisions of this chapter. (j) To receive, take custody and dispose of property seized in joint operations between Federal Government and Commonwealth of Puerto Rico authorities subject to the applicable conditions and restrictions and pursuant to the provisions of this chapter. In these cases, the Board shall encourage the Commonwealth’s participating agency to directly request and receive the portion of seized property that is equivalent to its participation in the corresponding joint operations, in accordance with the applicable laws and regulations. (k) To enter into and execute contracts, and any other instruments as are necessary to discharge any of its functions, powers, and duties through the Administrative Director of the Board. (l) To take, by itself or through the Administrative Director of the Board, all the necessary, incidental, and proper actions to attain the purposes of this chapter. (m) To establish the rules and requirements to negotiate out-of-court settlements in connection with forfeited property. History —July 12, 2011, No. 119, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724c - Special Forfeiture Fund
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724c - Special Forfeiture Fund
The Special Forfeiture Fund 240 is hereby established in the Books of the Department of the Treasury, as created by virtue of Act No. 93 of July 13, 1988, as amended, without a fiscal year limitation, to be administered by the Forfeiture Board, and all proceeds from the sale or transfer of forfeited property, as well as federal funds received pursuant to this chapter, shall be covered into said Fund. The Board shall use the resources of this Special Fund for the purposes and objectives authorized herein. Subject to the applicable conditions and restrictions, the Board may also use the resources of the Special Fund for the following purposes: (a) The payment of necessary and incidental expenses to protect, maintain, and sell forfeited property transferred thereto. (b) The payment of awards of compensation to any person who furnished information to law enforcement authorities that leads to solving and further any civil or criminal action up to the limits set forth by law. (c) The payment of supplementary expenses as necessary or incidental to carry out law enforcement duties. (d) The payment of expenses related to the protection, assistance, and compensation of victims and witnesses up to the limits set forth by law or regulations. Resources covered into this Special Fund shall be accounted for in the books of the Secretary of Treasury, separate from any funds from other sources received by the Department of Justice, in order to facilitate the identification and use thereof. At the end of each fiscal year, three percent (3%) of the Board’s net income shall be transferred to the Secretary of the Treasury, and fifty percent (50%) shall be transferred to the Puerto Rico Police, after deducting the value of the property claimed by and transferred to the agency by virtue of the provisions of this chapter, as well as any necessary and incidental expenses related to the protection, maintenance, disposition, and sale of the forfeited property, or to the destruction of any damaged or deteriorated property. The balance in the Special Fund that, as of June 30th of each year, is not used for the purposes established in this section shall be transferred in equal portions to the Puerto Rico Police. History —July 12, 2011, No. 119, § 6; Sept. 15, 2012, No. 252, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724d/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724d - Forfeiture Board—Annual report
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724d - Forfeiture Board—Annual report
The Board shall submit an annual report to the Governor and the Legislative Assembly not later than September 1st. Said report shall include an itemization of the covered funds and the use thereof during the immediately preceding calendar year. Likewise, it shall include an inventory of forfeited property under the custody of the Forfeiture Board. History —July 12, 2011, No. 119, § 7.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724e/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724e - Proceeding—Forfeiture
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724e - Proceeding—Forfeiture
Forfeitures shall be civil proceedings initiated against property and independent from any other criminal, civil, or administrative proceeding that may be initiated against the owner or holder of the property seized under the provisions of any law that authorizes the seizure of property by the State. History —July 12, 2011, No. 119, § 8.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724f/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724f - Property subject to forfeiture
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724f - Property subject to forfeiture
It shall be forfeited to the Government of Puerto Rico, any property constituting or derived from any proceeds of, or used to commit, a felony and misdemeanor for which the law authorizes forfeiture, when said felonies and misdemeanors are classified by the Penal Code of the Commonwealth of Puerto Rico, controlled substances laws, weapons and explosives laws, laws against organized crime, prohibited games laws, alcoholic beverages laws, fiscal laws, laws against vehicle theft, laws regarding vehicles, traffic, and vessels; as well as in any other forfeiture laws and statutes authorizing forfeiture. Any property subject to a judgment of forfeiture shall be forfeited to the Government of Puerto Rico. —July 12, 2011, No. 119, § 9; Sept. 15, 2012, No. 252, § 2. History
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724g/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724g - Property subject to forfeiture—Seizure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724g - Property subject to forfeiture—Seizure
The seizure of property subject to forfeiture shall be carried out by the law enforcement agency or the official responsible for enforcing the chapter, either by himself or through his representatives, or police or law enforcement officers with a warrant issued by a competent judge or court, or without a previous court order in the following cases: When the seizure is carried out during an arrest; when the seizure is carried out by virtue of a judgment of the court, or when the property to be seized constitutes or derives from any proceeds of, or has been used for the commission of any of the crimes, or in violation of any of the laws or statutes provided in § 1724f of this title. History —July 12, 2011, No. 119, § 10; Sept. 15, 2012, No. 252, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724h/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724h - Property subject to forfeiture—Inventory
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724h - Property subject to forfeiture—Inventory
When seizing property in accordance with any forfeiture law, the official under whose authority the property was seized shall prepare an inventory, in the presence of the person whose property is being seized, if he/she is available, and provide said person with a copy thereof. History —July 12, 2011, No. 119, § 11.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724i/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724i - Forfeited property—Report to the Administrative Director of the Forfeiture Board
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724i - Forfeited property—Report to the Administrative Director of the Forfeiture Board
The official under whose authority the seizure was carried out or the person on to whom he/she delegates shall submit to the Administrative Director the forfeited property and any documents stating the facts and circumstances that led to the seizure, a copy of the forfeited property inventory, as well as the names of any witnesses and the legal provisions under which it was carried out. The Administrative Director shall also receive an appraisal of the forfeited property which shall be included as part of the record of the property. History —July 12, 2011, No. 119, § 12.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724j/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724j - Forfeited property—Notice of forfeiture
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724j - Forfeited property—Notice of forfeiture
The Administrative Director of the Board shall notify the forfeiture and the appraisal of the forfeited property to the following persons: (a) The person in possession of the property at the time it was seized. (b) Those persons that the Administrative Director considers to be the owners due to the circumstances, information, and belief. (c) In the case of motor vehicles, the record owner according to the Registry of Motor Vehicles of the Department of Transportation and Public Works shall also be notified, as well as the secured creditor as of the date of the seizure. (d) In the case of real property, the record owner according to the Property Registry of the municipality where the property is located shall be notified, as well as the mortgage institution that, as of the date of the seizure, is recorded in said Registry as the secured lien holder of the property. Notice of all forfeitures shall be served by certified mail within the jurisdictional term of thirty (30) days as of the date of the seizure of the property. Notice shall be sent to the known address of the alleged owner, the person in charge of, or person with right over or interest in the property according to the record of the forfeiture. In the case of motor vehicles which are seized by virtue of §§ 3201 et seq. of Title 9, known as the “Act for the Protection of Vehicular Property”, notice shall be sent within thirty (30) days following the thirty (30)-day term provided for law enforcement officers to conduct an investigation on the seized property. A vehicle seized pursuant to the Act for the Protection of Vehicular Property shall not be forfeited to the Government of Puerto Rico until the process provided for in said Act concludes. The vehicle shall be kept under Police custody until the corresponding investigation concludes. In cases where the property is seized and kept for the purpose of an investigation related to a criminal, civil, or administrative action, or when a property is essential to the investigation or as evidence in the case, the term to conclude the investigation and issue an order of forfeiture shall not exceed ninety (90) days. The thirty (30)-day term to issue a notice of forfeiture shall begin to count once said action has concluded and the corresponding order of forfeiture is entered. History —July 12, 2011, No. 119, § 13; Sept. 15, 2012, No. 252, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724k/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724k - Forfeited property—Provisional custody
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724k - Forfeited property—Provisional custody
The Administrative Director may provide that seized property be kept under the custody of the agency which seized it up to forty-five (45) days and, subsequently, shall order the transfer thereof to a location which provides the most protection and security. History —July 12, 2011, No. 119, § 14.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724l/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724l - Forfeited property—Contest
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724l - Forfeited property—Contest
The persons notified as provided herein who prove to be owners of the property, may contest the forfeiture within thirty (30) days following the date on which notice was received, by filing a complaint against the Commonwealth of Puerto Rico, and the official who authorized the seizure. Notice shall be served to the Secretary of Justice within fifteen (15) days following the filing of the complaint. In the event that notice is returned, the aforementioned terms shall begin to count after said notice is received by the Department of Justice. The above are jurisdictional terms. The Secretary of Justice shall represent the Commonwealth of Puerto Rico in all forfeiture contests and he/she shall file his/her plea within the thirty (30) days after being served notice. The complaint must be filed with the Superior Part of the Court of First Instance. The court shall process these complaints in an expedited manner and the proceedings shall be held without being docketed. The complaint authorized under this chapter must strictly comply with the following terms: the court with which the complaint shall be filed must adjudicate it within a term of six (6) months after the answer to the complaint is filed, unless this term is waived or extended by the written consent of all parties thereto and for just cause, for a term that shall not exceed thirty (30) additional days; the legality and correctness of the forfeiture shall be presumed independent from any other criminal or administrative case, or any other proceeding related to the same facts. The burden of proof is on the complainant to defeat the legality of the forfeiture. Discovery shall be carried out within the first thirty (30) days counted from the date on which the answer to the complaint is filed and it shall not extend to the sworn statements in the prosecutor’s record until the right thereto is obtained as a result of a criminal action related to the events of the forfeiture. Once the answer to the complaint is filed, the court shall order a hearing on standing to establish whether the complainant was the owner or had control over the property before the events that led to the forfeiture took place. The court may dismiss the action immediately for failure to meet this requirement. For the purposes of this chapter, a person shall be considered as the “owner” of a property when he/she proves to hold ownership interest in the forfeited property, including a person who holds a lien on said property as of the date of the seizure of the forfeited property, or a valid assignment on said proprietary interest. History —July 12, 2011, No. 119, § 15; Sept. 19, 2012, No. 262, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724m/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724m - Forfeited property—Bond posting
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724m - Forfeited property—Bond posting
Within twenty (20) days after the filling of the complaint to contest the forfeiture, the complainant shall be entitled to post a bond in favor of the Commonwealth of Puerto Rico before the clerk of the corresponding court, to the satisfaction of the court, in the amount of the appraisal of the forfeited property. Said bond may be posted in legal tender, certified check, or through a bail bond company. Once the bond is posted and approved by the court, the board shall return the forfeited property to the person who posted the bond once the judicial order is entered. Subsequent substitution of the forfeited properties in lieu of the bond, which shall secure the forfeiture if its legality is ascertained, shall not be allowed once the bond is posted. In the resolution entered to such effect, the court shall provide for the summary execution of said bond by the clerk of court and for the deposit thereof in the Special Fund in the case it is in legal tender or certified check. Bonds posted by insurance companies shall be remitted by the clerk of the corresponding court to the Secretary of Justice to process its execution. The proceeds of the execution shall be covered into the Special Fund, as provided herein. History July 12, 2011, No. 119, § 16; Sept. 19, 2012, No. 262, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724n/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724n - Forfeited property—Appraisal, reasonableness
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724n - Forfeited property—Appraisal, reasonableness
In the case of judicial contest of the forfeiture, the complainant shall have thirty (30) days from the filing of the complaint to file a motion requesting a hearing to contest the appraisal. After the hearing, the court shall determine the reasonableness of the appraisal as incidental to the complaint. The determination on said contest may only be appealed by certiorari before the Court of Appeals, limited to questions of law. The right to contest the appraisal is waived if the thirty (30)-day term elapses and no hearing is requested. History —July 12, 2011, No. 119, § 17.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724o/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724o - Forfeited property—Transfer of property to the Board
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724o - Forfeited property—Transfer of property to the Board
The Forfeiture Board created by virtue of this chapter shall dispose of the forfeited property as appropriate and convenient for the protection and security of said forfeited property in accordance with the powers conferred thereto under this chapter and any regulations adopted thereunder, within thirty (30) days after the receipt of the notice of forfeiture if none of the persons notified has filed the corresponding complaint to contest said forfeiture or, within sixty (60) days after the receipt of the notice of forfeiture, if the court has not ordered the return of the forfeited property within such term because a bond has been posted therefor. History —July 12, 2011, No. 119, § 18.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724p/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724p - Forfeited property—Disposition of property
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724p - Forfeited property—Disposition of property
In the event the court holds a forfeiture to be illegal, the Board shall return the forfeited property to the complainant. If the Board has already disposed of said property, the Government of Puerto Rico shall pay an amount equal to the appraisal value at the time of the seizure, or the amount for which it was sold, whichever is higher, plus the prevailing legal interest pursuant to the Rules of Civil Procedure, as amended, based on the appraisal value at the time of the seizure. The complainant interested in claiming the return of the property or the sum to which he is entitled to pursuant to the preceding paragraph shall file a certified copy of the final judgment or resolution with the Secretary of Justice and with the Administrative Director of the Board in order for the board to comply with the provisions established herein. The complainant shall pick up the property within seven (7) business days after receiving notice from the Board authorizing the release thereof; after such term the Board may charge a reasonable fee for storage. In the event that a forfeiture is held to be illegal, and the forfeited vehicle and any other means of ground transportation do not have a serial or identification number, be it because it was erased, mutilated, altered, substituted, superimposed, detached, adapted, or otherwise modified, the Government of Puerto Rico shall pay ninety percent (90%) of the appraised value at the time of the seizure or the amount for which it was sold, whichever is higher, and the payment of legal interest as of the date of the seizure shall not be required. Even when the court holds a forfeiture to be illegal, if the forfeited property is deemed to be illegal, then the property shall not be returned. History —July 12, 2011, No. 119, § 19; Sept. 15, 2012, No. 252, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724q/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724q - Forfeited property — Disposition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724q - Forfeited property — Disposition
(1) The Board shall be empowered to determine the method and order of priority to dispose of forfeited property pursuant to this chapter, and according to: (a) The available resources; (b) the needs of the Board, and (c) the public interest. (2) The Board shall dispose of forfeited property by sale, auction, donation, transfer, exchange, or any other lawful means, in the following manner: (a) Motor vehicles, vessels, aircraft, and other modes of transportation.— The Board may dispose of vehicles under its custody by sale, auction, or exchange with the general public, as provided by regulations to such effect. Donations and transfers of property under custody of the Board shall be allowed as an exception, as provided in this chapter. Vehicles suitable for official use by state law enforcement agencies shall be conveyed thereto after they pay a minimum price equal to ten percent (10%) of the appraised value established by the Board. The Puerto Rico Police Department shall have priority over any other law enforcement agency during the conveyance of forfeited vehicles suitable for official use without having to incur additional expenses for the acquisition thereof. These agencies shall also be required to refund any expenses incurred by the Board for the maintenance of transferred vehicles. Forfeited property that is not useful for law enforcement agencies may be transferred by the Board for a valuable consideration to other government instrumentalities and municipalities which may have a public use therefor using the appraisal value as the sales price and subject to the terms and conditions established to such effect. The Board may negotiate with instrumentalities of the Government of Puerto Rico that are interested in acquiring vehicles that have not been sold at the appraisal value. These properties cannot be sold for a price lower than fifty percent (50%) of the appraisal value without previous authorization from the Board. Vehicles may be transferred, for a valuable consideration, to nonprofit organizations or eligible persons, as provided by regulations to such effect, when they have not been transferred to Government instrumentalities, as established in the preceding paragraphs. Vehicles or means of transportation for which no agency, office, or instrumentality of the Government of Puerto Rico have use may be transferred to vocational schools or public or private educational institutions that offer auto mechanic or bodywork courses, upon request. Vehicles repaired in those shops may be sold at a lower price for the benefit of the participating school. A replacement identification number shall be assigned to forfeited vehicles or any other means of ground transportation that have no serial or identification number because it was either erased, mutilated, altered, substituted, superimposed, detached, adapted, or otherwise modified, but that might still be useful, in the special register of the Department of Transportation and Public Works at the request of the Board and according to the procedures established in the Board’s regulations. Vehicles with a replacement identification number shall be transferred, in accordance with the parameters established in this section, firstly, to the Puerto Rico Police, the Municipal Police, or the Employment and Training Enterprises Corporation. Once the transferred vehicles are no longer useful, they shall be returned to the Board which may, according to the procedures prescribed by regulations, destroy it or transfer it to vocational schools or public and private educational institutions that offer auto mechanic or bodywork courses. Such vehicles shall be used for learning purposes and to practice skills; therefore, driving said vehicles in Puerto Rico’s thoroughfares is hereby prohibited. When the resources of the Board so allow, in cases where the forfeited property is a fishing vessel, said vessel may be sold directly for a price equal to fifty percent (50%) of the total appraisal value to any bona fide commercial fisherman or commercial fishermen’s organization, which attests through a sworn statement that fishing is its only source of income or represents at least eighty percent (80%) of its annual gross income. Said statement shall enclose a certification from the Fishing Promotion, Development, and Administration Program of the Department of Agriculture stating that the interested party is a bona fide commercial fisherman or commercial fishermen’s organization, a certified copy of the previous year’s income tax return, and a certification of the Secretary of the Department of the Treasury confirming that there is no pending tax debt or, if there is one, that the debtor has availed himself of a payment plan and is current on his payments. When the resources of the Board so allow, any public carrier that has been duly certified by the Department of Transportation and Public Works may acquire up to two (2) motor vehicles per year through direct sale and for a price equal to half of the appraisal value. Said vehicles shall meet the necessary public transportation requirements and must have been forfeited pursuant to the provisions of this chapter. If a public carrier who has availed himself of the benefits of this section sells the vehicle within one year after the acquisition thereof, he/she shall repay the total amount of the appraisal or the amount for which it was sold, whichever is higher, except in cases in where the resale buyer is a public carrier who would have otherwise qualified to benefit from the provisions of this section. The board shall dispose of forfeited motor vehicles that have not been transferred to the Puerto Rico Police or to the Natural and Environmental Resources Ranger Corps, or to any other agency of the Government of Puerto Rico by selling them to certified public carriers. The sale shall be made following the strict chronological order in which the requests where submitted to the Board, adjudicating one (1) vehicle per person until the end of the list is reached, at which point, a second round of sales shall commence until all requests are fulfilled; however, in any case, not more than two (2) vehicles per person within a term of a year shall be adjudicated. (b) Cash, securities, negotiable instruments, jewels, works of art.— The agency or official under whose authority the cash, securities, or negotiable instruments were seized shall deposit them through assistant collectors of the Department of Justice, appointed as such by the Department of the Treasury, for the purpose of having the Secretary of the Treasury cover them, through said collectors, into the Special Fund created by virtue of this chapter. Forfeited jewels and works of art shall be kept under custody and preserved according to the procedures prescribed by regulations. Likewise, if deemed convenient, the property can be deposited in the Forfeiture Board. Forfeited jewelry may be disposed of through sale, auction, or exchange according to the regulations to be adopted. Forfeited works of art shall become patrimony of the People of Puerto Rico and may be transferred at no cost to the Museum of Art of Puerto Rico pursuant to the procedures adopted by the Board for such purposes. The Forfeitures Board shall prescribe by regulations the procedure whereby assets and negotiable instruments shall be held, disposed of, or liquidated, as well as the procedure to exchange foreign currency. (c) Animals.— Forfeited animals classified as exotic species may be transferred at no cost to the Puerto Rico Zoo, attached to the Puerto Rico National Parks Company, or any other zoo or institution with capacity to maintain and keep said animals, according to local and federal laws and regulations. If the animal is not classified as an exotic species, measures shall be taken according to the legislation and regulations to be adopted for such purposes by the Secretary of the Department of Natural and Environmental Resources. In the case of stolen cattle, the procedure established in §§ 861 to 867 of title 5, known as the Act to Prevent the Theft of Cattle in Puerto Rico, shall be followed. (d) Weapons.— Forfeited weapons shall be transferred to the Police Weapons and Ammunition Depot and shall be disposed of in accordance with the legislation and regulations approved for such purposes. (e) Real property.— Once the forfeiture of any real property has been ordered, and any administrative or judicial proceedings have concluded, the corresponding entry shall be made in the Property Registry in favor of the Government of Puerto Rico. Forfeited real property may be disposed of through sale, auction, transfer, exchange, or any other lawful means in accordance with the adopted regulations. In the case of real property such as office buildings, the Board may transfer them, for a valuable consideration or free of charge, to any government instrumentality that may have a public use therefor, subject to the terms and conditions adopted for such purposes. Commercial real property shall be disposed of according to the procedures established in §§ 9011 et seq. of Title 23, known as the “Puerto Rico Permit Process Reform Act”. (f) Others.— In the case of other property, the Forfeiture Board shall dispose of said property through the procedures prescribed by regulations. If the seized property has an appraisal value of less than twenty-five percent (25%) of the value of a similar property in the market, or if it is in a deteriorated or damaged state from which it cannot be restored or repaired, or if it is a vehicle without a serial or identification number because it was erased, mutilated, altered, substituted, superimposed, detached, adapted, or otherwise modified illegally, and a replacement number cannot be assigned, the Board shall have the authority to destroy said property, pursuant to the procedures prescribed by the Board by regulations for such purposes. History —July 12, 2011, No. 119, § 20; Sept. 15, 2012, No. 252, § 6; Aug. 26, 2014, No. 145, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724r/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724r - Forfeited property—Alternative uniform administrative procedure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724r - Forfeited property—Alternative uniform administrative procedure
The Forfeiture Board shall establish an alternative administrative procedure to return forfeited property. Said procedure shall not be considered as a requirement or obligation for a party to file and resolve a dispute. The party interested in availing itself of this administrative procedure shall file a sworn petition with the Forfeiture Board within fifteen (15) days following the date of receipt of the forfeiture notice. The petition shall include the following: (a) The names and mailing addresses of all parties with knowledge of the facts stated in the petition. (b) Any documents which prove that the property was unduly forfeited. (c) The relief requested. When availing him/herself of the alternative uniform administrative procedure before the Forfeiture Board, the petitioner must exhaust all the administrative remedies available before resorting to the judicial forum to exercise his/her right to file a complaint to contest the forfeiture in accordance with this title. History —July 12, 2011, No. 119, § 21.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724s/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724s - Forfeited property—Alternative uniform administrative procedure; Board evaluation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724s - Forfeited property—Alternative uniform administrative procedure; Board evaluation
Once the petition has been received, the Administrative Director of the Board may reject it outright or refer the matter to a lawyer from the Department of Justice, who shall evaluate the petition and shall make a recommendation with findings of fact and conclusions of law within fifteen (15) days after the filing date of the petition. The Administrative Director, or his/her delegate, may adopt or reject the determination if he/she concludes that it has no legal basis and shall notify the petitioner accordingly. If the Administrative Director, or his/her delegate, outright reject the petition or fail to act on the same within said fifteen (15) days, the term to file a petition to contest the forfeiture pursuant to the provisions herein shall begin to count once again from the date on which the petitioner receives a copy of the notice of rejection, or after the fifteen (15)-day term has elapsed, as the case may be. History —July 12, 2011, No. 119, § 22.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724t/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724t - Forfeited property—Alternative uniform administrative procedure; notice of determination o...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724t - Forfeited property—Alternative uniform administrative procedure; notice of determination of the Administrative Director of the Board
The Administrative Director or his/her delegate shall notify the petitioner of the determination by certified mail and include the basis on which the decision was made and of his/her right to file a complaint to contest the forfeiture, in accordance with the provisions of this chapter, and include a copy of the determination and proof of notice thereof in the record of the forfeiture. If the Administrative Director of the Board, or his/her delegate, determines that the property shall be returned, the petitioner shall present the notification to the agency, official, or entity under whose custody the property is kept in order to have it returned as provided in the determination. The petitioner must pick up the property within seven (7) business days after receiving notice of the determination of the Administrative Director of the Board after which the Board may charge a reasonable fee for storage. History —July 12, 2011, No. 119, § 23.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724u/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724u - Forfeited property—Alternative uniform administrative procedure; reconsideration
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724u - Forfeited property—Alternative uniform administrative procedure; reconsideration
Persons adversely affected by the determination of the Administrative Director of the Board may request reconsideration within ten (10) days after receiving notice of the determination. The request authorized herein shall not interrupt the term to file a complaint to contest the forfeiture. Persons who, in lieu of exhausting all administrative remedies before the Board, choose to file a complaint must do so within thirty (30) days after receiving notice of the forfeiture, in strict compliance with the provisions of this chapter. History —July 12, 2011, No. 119, § 24.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724v/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724v - Property not subject to forfeiture—Rental vehicles and vehicles whose possession is not as...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724v - Property not subject to forfeiture—Rental vehicles and vehicles whose possession is not assigned voluntarily by the owner
A short-term rental vehicle from an accredited company, that is used to commit a crime for which the law authorizes the seizure thereof, shall not be subject to forfeiture unless the Commonwealth establishes the existence of a criminal connection between the owner of the vehicle and the person who rents or operates it. It shall be understood that a vehicle has been rented for a short term when said rental does not exceed three (3) months, including the renewals, extensions, or modifications of the rental agreement. In order for an accredited vehicle rental company to claim this defense, it must have verified that the lessor of the vehicle, when it is a natural person, was an authorized driver pursuant to the laws of the Commonwealth of Puerto Rico. In the file of the rental unit, said company shall include a photograph of the person to whom the vehicle was delivered, or an unequivocally clear photocopy of the driver’s license which qualifies him/her as an authorized driver according to the laws of the Commonwealth of Puerto Rico. Said files, including the photographs, shall be made available for inspection by any Commonwealth or federal official during an investigation. A stolen or unlawfully taken vehicle shall not be subject to forfeiture, unless the Commonwealth establishes the existence of a criminal connection between the owner of the vehicle and the person who stole it or unlawfully took the vehicle. If a forfeiture is not warranted due to the aforementioned circumstances, during the criminal or in personam action taken against the wrongdoer, when rendering judgment, the Judge shall impose on the convict the responsibility of paying, to the Commonwealth of Puerto Rico, the appraisal value of said vehicle as an additional punishment. The court shall order that notice of the judgment be sent to the Department of Justice and the Department of the Treasury so that they may, if necessary, request the execution thereof, as provided in the Rules of Civil Procedure, as amended. History —July 12, 2011, No. 119, § 25.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-117b/1724w/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w)›§ 1724w - Transitory provisions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 117B - Uniform Forfeiture Act of 2011 (§§ 1724 — 1724w) › § 1724w - Transitory provisions
Forfeitures initiated as of the effective date of this act, and the procedures which have been initiated by virtue of the forfeiture proceedings under Act No. 93 of July 13, 1988, as amended, known as the “Uniform Seizure Act of 1988,”, shall be conducted in accordance with the provisions of this Act. History —July 12, 2011, No. 119, § 28.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725 - Issuance—Authorization to Police
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725 - Issuance—Authorization to Police
The Puerto Rico Police Department is hereby authorized to issue a certificate denominated “Criminal Record Certificate,” containing a list of the guilty verdicts found in the record of every person who, for having been sentenced in any Court of Justice of the Commonwealth of Puerto Rico or in any other local, state, or Federal jurisdiction, already has an open record in said agency or in any other similar agency or official data system in any other local, state, or Federal jurisdiction of the United States of America. In the case of persons with criminal history and/or that do not comply with the five (5)-year term in the case of felonies, and six (6) months in the case of misdemeanors, as provided in §§ 1725a-1 and 1725a-2 of this title, they may obtain a Certificate of Rehabilitation and Job Training that may substitute the Criminal Record Certificate. The evaluation process to obtain the same shall be determined by the Department of Corrections and Rehabilitation, which may use the guidelines in effect for the issuance of the rehabilitation certificate established in § 4732 of Title 33. The employer reserves the right to require the Criminal Record Certificate in addition to the certificate of rehabilitation and job training. The possible issuance of the certificate of rehabilitation and job training herein provided shall not apply to persons who are registered in the Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse or the Registry of Persons Convicted of Corruption. History —July 27, 1974, No. 254, Part 2, p. 255, § 1; Sept. 15, 2004, No. 314, § 1; Aug. 9, 2008, No. 224, § 1; Nov. 9, 2011, No. 174, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a - Contents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a - Contents
The Criminal Record Certificate must contain the following information: (1) Full name of the person for whom the certificate is issued. (2) Case number and court where sentence was pronounced. (3) Date of sentence. (4) Offense for which the person was convicted as well as the jurisdiction in which the guilty verdict is filed. (5) Penalty imposed. (6) If sentence is in the stage of appeal. (7) Date of certificate. (8) Signature of the official issuing the certificate. The Criminal Record Certificates shall also include a notice that the same shall not include convictions for misdemeanors, if more than six (6) months have elapsed since the sentence was served or convictions for felonies if more than five (5) years have elapsed since the sentence was served. History —July 27, 1974, No. 254, Part 2, p. 255, § 2; Aug. 9, 2008, No. 224, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a-1 - Elimination of a conviction—Misdemeanor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-1 - Elimination of a conviction—Misdemeanor
Any person who has been convicted of a misdemeanor may solicit that the Police Superintendent eliminate the conviction from the Criminal Record Certificate through a sworn statement, accompanied by the pertinent documents and a twenty (20) dollar internal revenue stamp, provided the following circumstances concur: (a) That six (6) months have passed from the moment the sentence was served and that during that time the person has not committed another crime, and (b) that the person has a good reputation within the community. History —July 27, 1974, No. 254, Part 2, p. 255, added as § 3 on Sept. 15, 2004, No. 314, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a-2 - Elimination of a conviction; felony
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-2 - Elimination of a conviction; felony
Any person convicted of a felony who is not subject to the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors nor to the Register of Persons Convicted for Corruption, may solicit that the Court of First Instance issue an order for the elimination of the conviction from the Criminal Record Certificate provided the following circumstances concur: (a) That five (5) years have passed from the moment the sentence was served and that during that time the person has not committed any crime; (b) that the person has a good reputation within the community, and (c) that the person has been subjected to providing the sample required by the DNA Data Bank Act, if required to do so. The petitioner shall provide the documents needed to [evidence] the allegations of his/her petition. The Department of Justice may oppose or yield to the petition, in which case it shall not be necessary to hold a hearing. History —July 27, 1974, No. 254, Part 2, p. 255, added as § 4 on Sept. 15, 2004, No. 314, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a-3/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a-3 - Elimination of a conviction; review
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-3 - Elimination of a conviction; review
The decision of the Superintendent may be revised by the Court of Appeals according to the provisions of §§ 2101 et seq. of Title 3, known as the Uniform Administrative Procedures Act, and subsection (c) of § 24y of Title 4. The decision of the Court of First Instance may be appealed before the Court of Appeals and the sentence may be revised by certiorari before the Supreme Court. History —July 27, 1974, No. 254, Part 2, p. 255, added as § 5 on Sept. 15, 2004, No. 314, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725b - Reversed verdict
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725b - Reversed verdict
The Criminal Record Certificate shall not include the issue of any sentence: (a) That has been revoked; (b) that has been eliminated pursuant to the procedure provided in this chapter (c) that has been given as served by a court pursuant to § 4732 of Title 33 or § 1615 of Title 4; (d) that has been validated by the Central Office of Labor Advisement and Human Resources Administration (OCALARH, Spanish acronym), or (e) that has been eliminated from the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors. History —July 27, 1974, No. 254, Part 2, p. 255, § 3, renumbered as § 6 and amended on Sept. 15, 2004, No. 314, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725c - Negative report
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725c - Negative report
When there is no open record for a specific person in the files of the Puerto Rico Police a negative report shall be issued for that person. History —July 27, 1974, No. 254, Part 2, p. 255, § 4, renumbered as § 7 and amended on Sept. 15, 2004, No. 314, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725d/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725d - Requests; fees
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725d - Requests; fees
Any person may solicit the Criminal Record Certificate of a specific person provided he/she pays the corresponding fee as established by law. History —July 27, 1974, No. 254, Part 2, p. 255, § 5; July 22, 1988, No. 136, p. 571; renumbered as § 8 and amended on Sept. 15, 2004, No. 314, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725e/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725e - Personnel; equipment; regulations
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725e - Personnel; equipment; regulations
The Police Superintendent is hereby authorized to employ the personnel, acquire the equipment and materials and prepare the printed forms needed to comply with the provisions of this chapter and promulgate regulations to those ends. History —July 27, 1974, No. 254, Part 2, p. 255, § 6, renumbered as § 9 and amended on Sept. 15, 2004, No. 314, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735 - Bureau
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735 - Bureau
The Bureau of the Jury Service Administration is hereby created, attached to the Court Administration Bureau, which shall manage the Puerto Rico Jury System created by this chapter. The Bureau of the Jury Service Administration shall be managed by a director, who shall be appointed by the Child Justice of the Puerto Rico Supreme Court and shall be staffed as determined by said Chief Judge. The position of the Bureau Director shall be included in the Judicial Branch Central Service Personnel and shall accrue the salary established by the Regulations of the Court Administration Bureau. The organization, tax and personnel matters, and the internal operation of the Bureau shall be subject to the regulation approved for such purposes. History —Sept. 27, 2003, No. 281, § 2, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735a - Main Register of Jurors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735a - Main Register of Jurors
The Bureau Director shall prepare a main register of jurors, using a method where the selection of people in the list is completely at random. No person can be included in the list by personal request or by the request of third parties. In order to prepare such list, the Bureau Director shall require, it being mandatory, that any department, agency, board, commission, instrumentality or corporation of the Commonwealth of Puerto Rico or its municipalities, including the State Electoral Commission, shall submit free of charge and by any means, copies of the registries of people in their charge, including without limitation, the voters, motor vehicle drivers, electricity, water and telephone services recipients, and those registered in any other government program or service. The Bureau Director shall determine the number of jurors that comprise the main register and shall distribute the jurors according to the needs determined in each Judicial Region. Wherever possible, there shall be a proportional number of jurors for each municipality forming the region, taking its population as a base, according to the last census of the United States Census Bureau. The Main Register of Jurors must be periodically updated or reviewed, but never at intervals longer than three (3) years. History —Sept. 27, 2003, No. 281, § 3, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735b - Jury selection in a trial
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735b - Jury selection in a trial
Whenever the penal docket of a Division of the District Court so requires, the court shall issue an order addressed to the Bureau Director, with prior notice to the parties, for said Director to randomly select the number of jurors deemed necessary by the court. The list of jurors selected by the Bureau Director shall contain the full name of each juror, unless there is an order to the contrary, as well as the municipality of residence and any other information required by the regulations. A copy of the list of jurors so appointed shall be delivered to the court and to the parties three (3) days before the empanelling of the jury. History —Sept. 27, 2003, No. 281, § 4, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735c - Eligibility to serve
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735c - Eligibility to serve
Any person who meets the following requirements shall be eligible to serve as a juror in Puerto Rico: (a) To be eighteen (18) years or older. (b) Having legally resided in Puerto Rico for one (1) year and ninety (90) days previously in the judicial region where the proceeding shall be held (c) Knowing how to read and write in Spanish. (d) Not having been convicted of a felony or any other crime involving moral turpitude. (e) Being physically and mentally able to serve as a juror. History —Sept. 27, 2003, No. 281, § 5, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735d/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735d - Jury duty
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735d - Jury duty
Any person meeting the requirements established by this chapter shall be bound to serve as a juror in any criminal proceeding pending before any Division of the District Court of the Commonwealth of Puerto Rico. History —Sept. 27, 2003, No. 281, § 6, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735e/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735e - Rights of a person summoned to serve
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735e - Rights of a person summoned to serve
Any person summoned to serve as a juror shall have the right to: (a) Not be forced to serve as a juror for more than the terms established in § 1735f of this title. (b) Be treated with dignity and decorum by the staff and management of the Judicial Branch with whom he or she enters into contact. (c) Have an adequate place available while in active service in the court. (d) Be summoned to serve as a juror not less than ten (10) days before the date on which attendance is required. (e) Receive salary payments from his employer while in active jury duty and in compliance with the norms approved in this chapter. (f) Receive, while unemployed, or while the leave for jury duty established by this chapter has expired, payment of a fee for each day of service attending the court that is required from him. (g) Receive payment or reimbursement for transportation expenses that were necessarily incurred in order to attend court, in compliance with the regulations approved for such purposes, and to receive transportation supplied by the court when the court believes that there are circumstances so warranting. (h) Receive payment for reimbursement for food expenses while in active service as a juror, in compliance with the regulations approved for such purposes. (i) Not being fired from his or her job or being penalized in any way by his or her employer for the sole fact of having served as a juror. (j) Be covered by the Judicial Division’s worker’s compensation insurance while acting as a juror. History —Sept. 27, 2003, No. 281, § 7, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735f/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735f - Term of service
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735f - Term of service
The duty of any citizen eligible to serve as a juror in the Commonwealth of Puerto Rico shall be during the time it takes to empanel the jury or during the selection process, or while the trial lasts, as provided in this section. If a person duly qualified to serve as a juror appeared in reply to a court summons and were not selected to participate in the empanelling of the jury, or to act as a juror in a criminal proceeding that day, said person shall be relieved from jury duty. If the summoned person were selected to participate in a proceeding to empanel the jury, or to act as a juror in a criminal proceeding, he will have the duty to remain in active service until his participation in the proceeding for which he was selected ends, regardless of the number of days that said proceeding takes. Once a person has complied with his obligation to serve as a juror for one day or for one case, or has been relieved from jury duty, said person cannot be summoned again to serve as a juror until a term of five (5) years has elapsed. Nothing of the above shall prevent a person duly qualified to serve as a juror from remaining in active service as a juror voluntarily for a longer term than is established herein, but in such case he shall not have the right to enjoy a paid leave nor protection for his employment, and shall not be able to remain in active service for a term exceeding three (3) months. History —Sept. 27, 2003, No. 281, § 8, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735g/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735g - Dispensation and deferral
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735g - Dispensation and deferral
The court shall not be able to exempt anyone from serving as a juror for trivial reasons, nor for inconveniences or disturbances in his personal business or personal matters, but may defer service only for the person’s state of health, disease or death of some family member or due to serious danger of detriment or ruin of the person’s property or of that under his custody. As soon as the reason for the dispensation or the deferral disappears, the person may be summoned again. The court may dispense those public servants who, due to the nature of their duties, must be exempt from jury service. These are those under active service in government agencies or dependencies such as the Police, Armed Forces, employees of the Judicial Branch, elected officers and district attorneys, including those in charge of minors and families. History —Sept. 27, 2003, No. 281, § 9, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735h/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735h - People exempt from serving as jurors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735h - People exempt from serving as jurors
The following shall be exempt from serving as a juror: (a) Any attorney, attorney’s paralegal, secretary or stenographer. (b) Any citizen rendering service as a juror in the United States District Court for Puerto Rico during the term for which he was selected. (c) Any woman breast-feeding her minor child and who presents a medical attestation to such fact. History —Sept. 27, 2003, No. 281, § 10; Dec. 26, 2006, No. 300, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735i/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735i - Jury duty leave
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735i - Jury duty leave
(a) Except for the Commonwealth of Puerto Rico’s personnel and officers, any person duly summoned by a court for jury duty shall have the right to accrue the compensation for daily appearance established in the regulations. This compensation shall not be available while the person summoned is enjoying a paid leave. (b) Any personnel or officers of the Commonwealth of Puerto Rico, its agencies, entities or public instrumentalities, of municipal governments, as well as of state or municipal public corporations shall have the right to enjoy a leave with pay and to receive compensation from his or her employer for meals and mileage, according to the regulations of each agency, as if it were an official assignment of such personnel or officers. (c) Any person hired by a private employer, who has been summoned for jury duty in a court, shall have the right to enjoy paid leave from his employer up to a maximum of fifteen (15) work days, and such compensation by daily appearance as established in this Section and determined through the regulations. If due to jury duty it were [sic] necessary for that person to appear before the court for a period longer than the one previously stated, the employee shall have the right to charge the time of absence during jury duty to his regular vacation leave, or to receive the per diem compensation for his appearance, established in the regulations to be approved for such purposes. What is established in this paragraph shall not affect the employee’s rights acquired through collective bargaining concerning this matter. (d) When a person duly summoned for jury duty concludes his appearance before the court, the Court Clerk must issue a certificate with a clear indication of the time spent in that appearance indicating the days and time. (e) To have a right to the protection offered by this chapter, the employee must inform his employer, at least five days before the date for which he has been summoned, of his need for being absent from work in order to comply with jury duty. However, the employer can be given shorter notice if the employee is prevented from complying with his obligation due to the delay with which he received his notice or because of any other justified reason. Once the employee returns to his job he must deliver the referenced certificate to his employer. History —Sept. 27, 2003, No. 281, § 11, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735j/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735j - Nonappearance or refusal to comply
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735j - Nonappearance or refusal to comply
It shall be a felony, conviction upon which shall be sanctioned with a fee of not less than five hundred (500) dollars, for any person who meets the requirements for jury duty established in this chapter, who incurs in the following conduct: (1) Unjustified refusal to provide the Bureau of the Jury Duty Administration or the court with the necessary information to achieve the objectives of this chapter. (2) Providing false information to the Bureau the Jury Duty Administration or the court. (3) Failure to appear before the court to perform jury duty although duly required or summoned for such purpose. (4) Unjustified refusal of jury duty without having been duly excused or deferred from it. History —Sept. 27, 2003, No. 281, § 12, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735k/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735k - Employer’s penalty for firing or other discriminatory acts
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735k - Employer’s penalty for firing or other discriminatory acts
(a) Any employer who authorizes, consents or performs a firing, and any person who threatens with firing, dismissal, or dismisses, suspends, reduces the salary, lowers the category or imposes or intends to impose onerous work conditions on an employee for the fact that said employee has been summoned to serve, is serving or will serve as a juror, or who for such reason refuses to reinstate or reinstates in a lower category or with a lower remuneration than that held when the jury duty began, as long as the provisions of this chapter are complied with, shall incur in civil liability: (1) For an amount equal to the damages that the act has caused to the worker, or for one thousand dollars ($1,000), whichever is greater; or (2) for an amount of not less than one thousand dollars ($1,000) nor greater than three thousand dollars ($3,000), at the discretion of the court, if money damages cannot be determined. In the civil action filed in agreement with the previous provisions, the court may order the employer to reinstate the worker in his job and to cease and desist from the action in question. (b) Any public or private employer is hereby banned from discounting salary, or vacation or sickness leave, from his employees during the days and hours that a duly summoned employee uses to appear as a jury before a court, except as is set forth. Any employee who has complied with the provisions of this chapter and whose salary or vacation or sickness leave is illegally discounted, shall have the right to collect the difference owed to him, plus an equal amount that he has not received, corresponding to additional compensation, apart from legal costs, expenses, interests and attorney’s fees, the latter in a reasonable amount, never below one thousand dollars ($1,000). (c) The civil actions established in subsections (a) and (b) may be filed by the employee or by the Secretary of Labor and Human Resources, in the latter’s name, through the procedure determined in §§ 2871 et seq. of Title 32, known as the “Controversies and Provisional Legal Status Act,” through the special proceeding established by law for labor claims or through a regular civil action, at the employee’s choice. History —Sept. 27, 2003, No. 281, § 13, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735l/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735l - Regulation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735l - Regulation
The Supreme Court of Puerto Rico shall establish by regulation that must be approved prior to July 1, 2004, all such rules and regulations needed for the implementation of this chapter, including but without being limited to, the procedure to be used to prepare the register of the jurors, for the total or partial challenge of that register, for the qualification of persons selected for the register, for summoning such people, for the adjudication of exemption or deferral petitions, for the judicial review of the final decisions of the Director of the Bureau and for any other purpose that meet the purposes of this chapter. History —Sept. 27, 2003, No. 281, § 14; Mar. 24, 2004, No. 82, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1741/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1741 - Persons entitled to prosecute writ of habeas corpus
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1741 - Persons entitled to prosecute writ of habeas corpus
(a) Every person unlawfully imprisoned or restrained of his liberty may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint. (b) No judge shall be under the obligation to consider a writ of habeas corpus to inquire into the validity of the detention of a person imprisoned by virtue of a judgment given by any Part of the Court of First Instance, if it is shown that the legality of said detention has already been determined by any judge of Court of First Instance by reason of a former writ of habeas corpus, and the new writ does not bring up any argument not having been produced or adjudged before, and the judge or court is convinced that the granting of the writ shall not serve the purposes of justice. (c) No judge shall consider a writ of habeas corpus prosecuted by an inmate imprisoned by virtue of a final judgment which has not exhausted the remedy provided by Rule 192.1 of the Rules of Criminal Procedure, App. II of this title. If denied after having been prosecuted, the court shall not consider a writ of habeas corpus unless it may appear from the remedy provided by Rule 192.1 that it was inadequate or ineffective to challenge the validity of the detention. —Code Crim. Proc., 1935, § 469; Apr. 11, 1968, No. 18, p. 28, § 1. History
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1742/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1742 - Petition for writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1742 - Petition for writ
Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify: (1) That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained, and the place where, naming all the parties, if they are known, or describing them, if they are not known. (2) If the imprisonment is alleged to be illegal, the petition must also state in what the alleged illegality consists. (3) The petition must be verified by the oath of the party making the application. History —Code Crim. Proc., 1935, § 470.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1743/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1743 - Courts and judges authorized to grant writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1743 - Courts and judges authorized to grant writ
The writ of habeas corpus may be granted: (1) By the Supreme Court, or any justice thereof, or by the district court or any judge thereof, upon petition by or on behalf of any person restrained of his liberty. When so issued it may be made returnable before the court or the judge issuing the same. (2) By the district court, or a judge thereof, upon petition by or on behalf of any person restrained of his liberty, in the respective district in which said court has jurisdiction. History —Code Crim. Proc., 1935, § 471.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1744/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1744 - Writ to be granted without delay
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1744 - Writ to be granted without delay
Any court or judge authorized to grant the writ, to whom a petition therefor, is presented, must, if it appear that the writ ought to issue, grant the same without delay. History —Code Crim. Proc., 1935, § 472.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1745/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1745 - Terms of writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1745 - Terms of writ
The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified. History —Code Crim. Proc., 1935, § 473.