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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1746/
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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)›§ 1746 - Delivery and service 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) › § 1746 - Delivery and service of writ
If the writ is directed to any ministerial officer of the court out of which it issues, it must be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person, it must be delivered to such officer, and be by him served upon such person by delivering the same to him without delay. If the person to whom the writ is directed cannot be found, or refuses admittance to the officer or person serving or delivering such writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint. History —Code Crim. Proc., 1935, § 474.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1747/
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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)›§ 1747 - Commitment for refusal to obey 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) › § 1747 - Commitment for refusal to obey writ
If the person to whom the writ is directed refuses, after service, to obey the same, the court or judge, upon affidavit, must issue an attachment against such person, directed to any officer, commanding him forthwith to apprehend such person, and bring him immediately before such court or judge; and upon being so brought, he must be committed to jail until he makes due return to such writ, or is otherwise legally discharged. History —Code Crim. Proc., 1935, § 475.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1748/
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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)›§ 1748 - Return
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) › § 1748 - Return
The person upon whom the writ is served must state in his return, plainly and unequivocally: (1) Whether he has or has not the party in his custody, or under his power or restraint. (2) If has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint. (3) If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the court or judge on the hearing of such return. (4) If the person upon whom the writ is served had the party in his power or custody, or under his restraint at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority, such transfer took place. (5) The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath. History —Code Crim. Proc., 1935, § 476.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1749/
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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)›§ 1749 - Production of person
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) › § 1749 - Production of person
The person to whom the writ is directed, if it is served, must bring the body of the party in his custody or under his restraint, according to the command of the writ, except in the cases specified in § 1750 of this title. History —Code Crim. Proc., 1935, § 477.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1750/
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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)›§ 1750 - Sickness or infirmity of person in custody
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) › § 1750 - Sickness or infirmity of person in custody
When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying the same by affidavit. If the court or judge is satisfied of the truth of such return, and the return to the writ is otherwise sufficient, the court or judge may proceed to decide on such return and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced. History —Code Crim. Proc., 1935, § 478.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1751/
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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)›§ 1751 - Hearing or examination of return and other matters
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) › § 1751 - Hearing or examination of return and other matters
The court or judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to the hearing and consideration. History —Code Crim. Proc., 1935, § 479.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1752/
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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)›§ 1752 - Procedure for hearing of case
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) › § 1752 - Procedure for hearing of case
The party brought before the court or judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The court or judge must thereupon proceed in a summary way to hear such proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the justice of the case may require, and have full power and authority to require and compel the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the case. History —Code Crim. Proc., 1935 § 480.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1753/
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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)›§ 1753 - Discharge if no legal cause shown for custody or restraint
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) › § 1753 - Discharge if no legal cause shown for custody or restraint
If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such court or judge must discharge such party from the custody or restraint under which he is held. History —Code Crim. Proc., 1935, § 481.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1754/
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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)›§ 1754 - Remand of person in custody under process, etc
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) › § 1754 - Remand of person in custody under process, etc
The court or judge, if the time during which such party may be legally detained in custody has not expired, must remand such party, if it appears that he is detained in custody: (1) By virtue of process issued by the court or judge of the United States district court, in a case where such court or judge has exclusive jurisdiction, or (2) by virtue of a warrant or final judgment or decree of any competent court of criminal jurisdiction, or of any process issued upon such warrant, judgment, or decree. History —Code Crim. Proc., 1935, § 482.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1755/
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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)›§ 1755 - Grounds for discharge of prisoner in custody under process
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) › § 1755 - Grounds for discharge of prisoner in custody under process
If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of Puerto Rico, or judge, or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of § 1754 of this title: (1) When the jurisdiction of such court or officer has been exceeded. (2) When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge. (3) When the process is defective in some matter of substance required by law rendering such process void. (4) When the process, though proper in form, has been issued in a case not allowed by law. (5) When the person having custody of the prisoner is not the person allowed by law to detain him. (6) Where the process is not authorized by any order, judgment, or decree of any court, nor by any provision of law. (7) Where a party has been committed on a criminal charge without reasonable or probable cause. History —Code Crim. Proc., 1935, § 483.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1756/
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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)›§ 1756 - Procedural error in the order of incarceration
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) › § 1756 - Procedural error in the order of incarceration
When a person has been incarcerated, or is in the custody of any official by virtue of a criminal charge, under any order for arrest issued by a judge of the Court of First Instance, that person can not be released from prison because there is a defect of form in said order. History —Code Crim. Proc., 1935, § 484; Jan. 5, 2000, No. 19, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1757/
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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)›§ 1757 - Procedure on commitment for criminal offense
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) › § 1757 - Procedure on commitment for criminal offense
If it appears to the court or judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the court or judge, that the party is guilty of a criminal offense, or ought not to be discharged, such court or judge, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, must cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the court or judge; and upon the examination he may discharge such prisoner, let him to bail, if the offense be bailable, or recommit him to custody, as may be just and legal. History —Code Crime. Proc., 1935, § 485.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1758/
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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)›§ 1758 - Writ for person committed on criminal charge
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) › § 1758 - Writ for person committed on criminal charge
Any person who has been committed on a criminal charge may be brought before a judge on a writ of habeas corpus, if the writ issues out of the proper court. History —Code Crim. Proc., 1935, § 486.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1759/
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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)›§ 1759 - Remand to custody
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) › § 1759 - Remand to custody
If a party brought before the court or judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the court or judge must demand him to custody or place him under the restraint from him which he was taken, if the person under whose custody or restraint he was is legally entitled thereto. History —Code Crim. Proc., 1935, § 487.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1760/
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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)›§ 1760 - Recommitment to proper custody
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) › § 1760 - Recommitment to proper custody
In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge or court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto. History —Code Crim. Proc., 1935, § 488.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1761/
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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)›§ 1761 - Custody pending judgment on return
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) › § 1761 - Custody pending judgment on return
Until judgment is given on the return, the court or judge before whom any party may be brought on such writ may commit him to the custody of the warden of the jail, or place him in such care or under such custody as his age or circumstances may require. History —Code Crim. Proc., 1935, § 489.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1761a/
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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)›§ 1761a - Bond
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) › § 1761a - Bond
The court or judge before whom any party may be brought on a writ of habeas corpus may, after a hearing before the prosecutor, fix a bail to the petitioner for his discharge until judgment is given on such petition. History —Code Crim. Proc., 1935, added as § 489(a) on June 23, 1971, No. 62, p. 195, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1761b/
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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)›§ 1761b - Bond—Limitation
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) › § 1761b - Bond—Limitation
The writ of habeas corpus may not be used to reduce the amount of bail, without first exhausting the procedure established in Rule 218 of Criminal Procedure, App. II of this title. History —Code Crim. Proc., 1935, added as § 489(b) on July 20, 1979, No. 177, p. 482, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1762/
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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)›§ 1762 - Defects in form 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) › § 1762 - Defects in form of writ
No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court or judge before whom he is to be brought. History —Code Crim. Proc., 1935, § 490.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1763/
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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)›§ 1763 - Imprisonment or restraint for same cause after discharge
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) › § 1763 - Imprisonment or restraint for same cause after discharge
No person who has been discharged by order of the court or judge upon habeas corpus can be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases: (1) If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process. (2) If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the preceding offense. History —Code Crim. Proc., 1935, § 491.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1764/
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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)›§ 1764 - Warrant in lieu 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) › § 1764 - Warrant in lieu of habeas corpus
When it appears to any court or judge, authorized by law to issue the writ of habeas corpus, that any one is illegally held in custody, confinement, or restraint, and that there is reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, such court or judge may cause a warrant to be issued, reciting the facts, and directed to any court officer, commanding such officer to take such person thus held in custody, confinement, or restraint, and forthwith bring him before such court or judge to be dealt with according to law. History —Code Crim. Proc., 1935, § 492.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1765/
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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)›§ 1765 - Warrant in lieu of habeas corpus—Arrest of person having custody
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) › § 1765 - Warrant in lieu of habeas corpus—Arrest of person having custody
The court or judge may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. History —Code Crim. Proc., 1935, § 493.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1766/
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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)›§ 1766 - Warrant in lieu of habeas corpus—Execution of warrant
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) › § 1766 - Warrant in lieu of habeas corpus—Execution of warrant
The officer to whom such warrant is delivered must execute it by bringing the person therein named before the court or judge who directed the issuing of such warrant. History —Code Crim. Proc., 1935, § 494.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1767/
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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)›§ 1767 - Warrant in lieu of habeas corpus—Return to warrant; trial
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) › § 1767 - Warrant in lieu of habeas corpus—Return to warrant; trial
The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial may thereupon be had as upon a return to a writ of habeas corpus. History —Code Crim. Proc., 1935, § 495.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1768/
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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)›§ 1768 - Warrant in lieu of habeas corpus—Discharge or remand to custody
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) › § 1768 - Warrant in lieu of habeas corpus—Discharge or remand to custody
If such party is held under illegal restraint or custody, he must be discharged; and if not, he must be restored to the care or custody of the person entitled thereto. History —Code Crim. Proc., 1935, § 496.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1769/
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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)›§ 1769 - Writ of process—Time of issue and service
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) › § 1769 - Writ of process—Time of issue and service
Any writ or process authorized by §§ 1741 et seq. of this title may be issued and served on any day or at any time. History —Code Crim. Proc., 1935, § 497.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1770/
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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)›§ 1770 - Writ of process—Issue by clerk; seal; time for service and return
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) › § 1770 - Writ of process—Issue by clerk; seal; time for service and return
All writs, warrants, process, and subpoenas authorized by the provisions of §§ 1741 et seq. of this title must be issued by the clerk of the court, and, except subpoenas, must be sealed with the seal of such court, and served and returned forthwith, unless the court or judge shall specify particular time for any such return. History —Code Crim. Proc., 1935, § 498.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1771/
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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)›§ 1771 - Writ of process—Place of return and hearing
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) › § 1771 - Writ of process—Place of return and hearing
All such writs and process, when made returnable before a judge, must be returned before him at the place of holding court, and there heard and determined. History —Code Crim. Proc., 1935, § 499.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1772/
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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)›§ 1772 - Penalty for refusal to grant or obey 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) › § 1772 - Penalty for refusal to grant or obey writ of habeas corpus
If any judge, after a proper application is made, refuses to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding one thousand (1,000) dollars, to be recovered by action in any court of competent jurisdiction. History —Code Crim. Proc., 1935, § 500.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1773/
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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)›§ 1773 - Appeal to Supreme Court—By any party
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) › § 1773 - Appeal to Supreme Court—By any party
An appeal may be taken to the Supreme Court of Puerto Rico from the final order of a court or judge upon the return of the writ of habeas corpus, by any party to the proceedings, aggrieved thereby. History —Mar. 12, 1903, p. 102, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1774/
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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)›§ 1774 - Appeal to Supreme Court—By People; discharge on bail not stayed
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) › § 1774 - Appeal to Supreme Court—By People; discharge on bail not stayed
An appeal from a final order discharging a prisoner committed upon a criminal accusation or admitting him to bail may be taken in the name of The People of Puerto Rico either by the district attorney of the proper district, or by the Fiscal of the Supreme Court, of by the Secretary of Justice, or by the counsel duly authorized by the Secretary of Justice. An appeal so taken from an order admitting a prisoner to bail or reducing the amount thereof shall not stay the discharge of the prisoner upon bail. History —Mar. 12, 1903, p. 102, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1775/
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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)›§ 1775 - Appeal to Supreme Court—Notice of appeal; abatement
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) › § 1775 - Appeal to Supreme Court—Notice of appeal; abatement
No appeal shall take effect until after the written notice thereof has been duly given to the adverse party. An appeal so taken shall not be abated by the happening of any events subsequent to the entry of the final order except the death of the prisoner. History —Mar. 12, 1903, p. 102, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1776/
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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)›§ 1776 - Appeal to Supreme Court—Bail pending appeal by prisoner; transmittal of record
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) › § 1776 - Appeal to Supreme Court—Bail pending appeal by prisoner; transmittal of record
Where a prisoner charged with a bailable offense takes an appeal from a final order made upon the return of the writ, and makes application to the court of judge and due notice thereof has been given to the district attorney of the district, it shall be the duty of the said court or judge to enter an order fixing bail pending the appeal, and the prisoner upon perfecting his appeal shall be admitted to bail as prescribed by said order. An appeal is perfected by [giving] written notice to the court or judge making the order appealed from and to the adverse party. Bail bonds shall be conditioned that the prisoner shall appear at the term of court to which the appeal is taken and abide by and perform the judgment of orders of said court. The bond shall be approved by the court or judge whence the appeal is taken or by a judge of the Supreme Court, and thereupon the prisoner shall be discharged. The court or judge from whose order the appeal is taken shall transmit to the Supreme Court all the proceedings resulting in said order. History —Mar. 12, 1903, p. 102, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1777/
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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)›§ 1777 - Appeal to Supreme Court—Final order of Supreme Court; proceedings on
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) › § 1777 - Appeal to Supreme Court—Final order of Supreme Court; proceedings on
The final order of the Supreme Court determining an appeal shall be transmitted to the court or judge from whose order the appeal was taken, and such proceedings may be had before the last named court or judge as may be necessary to carry said final determination into effect. History —Mar. 12, 1903, p. 102, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1778/
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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)›§ 1778 - Appeal to Supreme Court—Precedence; determination of appeals
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) › § 1778 - Appeal to Supreme Court—Precedence; determination of appeals
Appeals in habeas corpus proceedings shall take precedence of all other cases in the Supreme Court and shall be heard with reasonable dispatch. They shall be determined on the law and the facts arising upon the record. History —Mar. 12, 1903, p. 102, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1779/
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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)›§ 1779 - Appeal to Supreme Court—Finality of judgment of Supreme Court; further applications
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) › § 1779 - Appeal to Supreme Court—Finality of judgment of Supreme Court; further applications
The judgment of the Supreme Court upon appeals in habeas corpus proceedings shall be final and conclusive and no further application in the same case can be made except in the cases specially provided for by law. History —Mar. 12, 1903, p. 102, § 7.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1780/
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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)›§ 1780 - Appeal to Supreme Court—Finality of orders not appealed from; further applications
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) › § 1780 - Appeal to Supreme Court—Finality of orders not appealed from; further applications
All orders rendered by the Court of First Instance or by a judge thereof, or by a judge of the Supreme Court upon the hearing of the return of the writ of habeas corpus and not appealed from, shall be final and conclusive and no further application in the same case can be made except in the cases specially provided for by law. History —Mar. 12, 1903, p. 102, § 8.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-x/chapter-127/1819/
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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 X - Search Warrants (§§ 1811 — 1821)›Chapter 127 - Generally (§§ 1811 — 1821)›§ 1819 - Breaking into house or thing to execute warrant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART X - Search Warrants (§§ 1811 — 1821) › Chapter 127 - Generally (§§ 1811 — 1821) › § 1819 - Breaking into house or thing to execute warrant
The officer, internal revenue agent, or income tax inspector, within the functions of his office, may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if after notice of his authority and purpose, he is refused admittance. History —Code Crim. Proc., 1935, § 509; Mar. 21, 1942, No. 10, p. 302, § 1, eff. 90 days after Mar. 21, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-x/chapter-127/1820/
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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 X - Search Warrants (§§ 1811 — 1821)›Chapter 127 - Generally (§§ 1811 — 1821)›§ 1820 - Breaking into house to liberate assistant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART X - Search Warrants (§§ 1811 — 1821) › Chapter 127 - Generally (§§ 1811 — 1821) › § 1820 - Breaking into house to liberate assistant
He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. History —Code Crim. Proc., 1935, § 510.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881 - Definitions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881 - Definitions
Where appearing in this chapter, the term “Governor” includes any person performing the functions of Governor by authority of the law of the Commonwealth of Puerto Rico. The term “executive authority” includes the Governor, and any person performing the functions of Governor in a state other than the Commonwealth of Puerto Rico, and the term “state” shall include any state, or territory or district, organized or unorganized, of the United States of America. History —May 24, 1960, No. 4, p. 4, § 1, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881a/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881a - Fugitives from justice; duty of Governor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881a - Fugitives from justice; duty of Governor
Subject to the provisions of this chapter, it is the duty of the Governor of the Commonwealth of Puerto Rico to have arrested and delivered up to the executive authority of any state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in the Commonwealth of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 2, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881b/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881b - Form of demand
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881b - Form of demand
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 1881e of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state; and unless the demand is accompanied by a copy of the indictment or of the information supported by affidavit made in the state having jurisdiction of the offense, or by a copy of an affidavit made before a magistrate of said state, together with a copy of any warrant of arrest or commitment issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. History —May 24, 1960, No. 4, p. 4, § 3, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881c/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881c - Governor may investigate case
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881c - Governor may investigate case
When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Secretary of Justice to investigate or assist in investigating the demand, and to report to him the situation and the circumstances of the person so demanded, with his recommendations as to whether or not he ought to be surrendered. History —May 24, 1960, No. 4, p. 4, § 4, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881d/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881d - Extradition of persons imprisoned or awaiting trial in a state or who have left the demand...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881d - Extradition of persons imprisoned or awaiting trial in a state or who have left the demanding state under compulsion
When it is desired to have returned to the Commonwealth of Puerto Rico a person charged therein with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor may agree with the executive authority of that state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such state, upon condition that such person be returned to that state at the expense of the Commonwealth as soon as the prosecution in this jurisdiction is terminated. In like manner, when it is desired to have returned to a demanding state a person charged in said state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in the Commonwealth of Puerto Rico, the executive authority of the demanding state may agree with the Governor of the Commonwealth of Puerto Rico for the extradition of such person before the conclusion of such proceedings or his term of sentence in the Commonwealth of Puerto Rico; upon condition that such person be returned to the Commonwealth of Puerto Rico at the expense of the demanding state as soon as the prosecution in that jurisdiction is terminated. The Governor may also surrender on demand of the executive authority of any state any person in Puerto Rico who is charged in the manner provided in § 1881v of this title with having violated the laws of the state whose executive authority is making the demand, even though such person lift the demanding state involuntarily. History —May 24, 1960, No. 4, p. 4, § 5, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881e/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881e - Extradition of persons not present in demanding state at time of crime
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881e - Extradition of persons not present in demanding state at time of crime
The Governor may also surrender, on demand of the executive authority of any state, any person in Puerto Rico charged in the demanding state, in the manner provided in § 1881b of this title, with committing an act in Puerto Rico, or in any other state, intentionally resulting in a crime in the state whose executive authority is making the extradition demand; and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. History —May 24, 1960, No. 4, p. 4, § 6, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881f/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881f - Warrant of arrest—Recitals
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881f - Warrant of arrest—Recitals
If it is decided that the demand should be complied with, the Governor, through the Secretary of Justice, shall solicit a judge of the Court of First Instance of Puerto Rico to issue the warrant of arrest, which shall be sealed with the seal of the Court of First Instance of Puerto Rico and be directed to any peace officer or other person who is fit to be entrusted with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. History —May 24, 1960, No. 4, p. 4, § 7, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881g/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881g - Warrant of arrest—Manner and place of execution
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881g - Warrant of arrest—Manner and place of execution
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the boundaries of the Commonwealth, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state. History —May 24, 1960, No. 4, p. 4, § 8, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881h/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881h - Warrant of arrest—Authority of arresting officer
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881h - Warrant of arrest—Authority of arresting officer
Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with penalties against those who refuse their assistance as provided in § 139 of the Penal Code. History —May 24, 1960, No. 4, p. 4, § 9, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881i/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881i - Rights of accused person; application for writ of habeas corpus
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881i - Rights of accused person; application for writ of habeas corpus
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of the Court of First Instance of Puerto Rico, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and to procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the jurisdiction in which the arrest is made and to the said agent appointed by the executive authority of the demanding state; Provided, That the judge of the Court of First Instance shall fix bail for the person detained as provided in § 1881o of this title, or shall order his commitment to jail while the writ of habeas corpus is being processed and passed upon. History —May 24, 1960, No. 4, p. 4, § 10, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881j/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881j - Penalty
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881j - Penalty
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the warrant issued by the corresponding judge of the Court of First Instance, in wilful disobedience to § 1881i of this title shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $ 1,000 or be imprisoned not more than six (6) months, or both penalties, in the discretion of the court. History —May 24, 1960, No. 4, p. 4, § 11, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881k/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881k - Confinement in jail when necessary
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881k - Confinement in jail when necessary
The officer or person executing the warrant of arrest issued by the judge of the corresponding court may, when necessary, confine the prisoner, on a confinement order issued by the corresponding judge of the Court of First Instance of Puerto Rico, in the jail of any city or town through which he may pass; and the jail warden or superintendent must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route. The agent of a demanding state to whom a prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any city or town through which he may pass, and the jail warden or superintendent must receive and safely keep the prisoner until the agent of the demanding state is ready to proceed on his route; Provided, That said agent of the demanding state shall produce and show the jail warden or superintendent written evidence of the fact that he is actually transporting such prisoner to the demanding state. The prisoner in such case may be confined in jail without the necessity of a confinement order. Provided, further, That when the confinement is made on petition of the agent of the demanding state, such agent shall be chargeable with the expense of keeping. The officer or agent of the demanding state to whom a person may have been delivered following extradition proceedings in another state, or to whom a person may have been delivered after waiving extradition in such other state and who is passing through the Commonwealth of Puerto Rico with such a person for the purpose of returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any city or town through which he may pass. The jail warden must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route; Provided, That such agent shall be chargeable with the expense of keeping; Provided, further, That such officer or agent shall produce and show the jail warden written evidence of the fact that he is actually transporting such prisoner to the demanding state after the corresponding requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in Puerto Rico. In such a case, the prisoner may be confined in jail without the necessity of a confinement order. History —May 24, 1960, No. 4, p. 4, § 12, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881l/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881l - Arrest prior to requisition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881l - Arrest prior to requisition
Whenever any person within the Commonwealth of Puerto Rico shall be charged on the oath of any credible person before a magistrate of the Court of First Instance of Puerto Rico with the commission of any crime in any other state and, except in cases arising under § 1881e of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any magistrate in Puerto Rico setting forth on the affidavit of any credible person in another state that a crime has been committed in such a state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 1881e of this title, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole and is believed to be in Puerto Rico, the magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in the Island, and to bring him before the same or any other magistrate of the same court that may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. History —May 24, 1960, No. 4, p. 4, § 13, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881m/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881m - Arrest without a warrant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881m - Arrest without a warrant
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year, but when so arrested the accused must be taken before a magistrate of a Court of First Instance with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in § 1881 l of this title; and thereafter his answer shall be heard as if he had been arrested on a warrant. History —May 24, 1960, No. 4, p. 4, § 14, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881n/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881n - Commitment to await requisition; bail
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881n - Commitment to await requisition; bail
If from the examination before a magistrate of the Court of First Instance it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 1881e of this title, that he has fled from justice, the magistrate must, by a warrant reciting the accusation or complaint, commit him to jail for such a time not exceeding thirty (30) days and specified in the warrant, as will enable to arrest of the accused to be made under a warrant of the judge of the Court of First Instance on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in § 1881o of this title, or until he shall be legally discharged. History —May 24, 1960, No. 4, p. 4, § 15, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881o/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881o - Bail; in what cases; conditions of bond
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881o - Bail; in what cases; conditions of bond
The magistrates of Puerto Rico may admit any person arrested according to the preceding provisions to bail by bond, with sufficient sureties, and in such sum as they deem proper, conditioned for his appearance before them at a time specified in such bond and for his surrender, to be arrested upon the warrant of a judge of the Court of First Instance of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 16, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881p/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881p - Extension of time commitment; adjournment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881p - Extension of time commitment; adjournment
If the accused is not arrested under warrant of a judge of the Court of First Instance by the expiration of the time specified in the warrant or bond, a magistrate may discharge him or may recommit him for a further period not to exceed sixty (60) days, or a magistrate may again take bail for his appearance, or for his surrender, as provided in § 1881o of this title, but within a period not to exceed sixty (60) days after the date of such new bond. History —May 24, 1960, No. 4, p. 4, § 17, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881q/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881q - Forfeiture of bail
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881q - Forfeiture of bail
If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the magistrate shall by proper order declare the bond forfeited and order his immediate arrest without warrant if he be within Puerto Rico. Recovery may be had on such bond in the name of The People of Puerto Rico as in the case of other bonds given by the accused in criminal proceedings within Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 18, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881r/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881r - Persons under criminal prosecution in Puerto Rico at time of requisition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881r - Persons under criminal prosecution in Puerto Rico at time of requisition
If a criminal prosecution has been instituted against such person under the laws of Puerto Rico and is still pending, the Governor may, in his discretion, either surrender him on demand of the Executive Authority of another state or hold him until he has been tried and discharged or convicted and punished in Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 19, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881s/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881s - Guilt or innocence of accused, when inquired into
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881s - Guilt or innocence of accused, when inquired into
The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as above provided, shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. History —May 24, 1960, No. 4, p. 4, § 20, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881t/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881t - Recall warrant or issue alias
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881t - Recall warrant or issue alias
The judge of the Court of First Instance of Puerto Rico who issued the warrant of arrest to hold the person claimed may recall his warrant of arrest or issue another warrant whenever he deems proper. History —May 24, 1960, No. 4, p. 4, § 21, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881u/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881u - Fugitives from Puerto Rico; duty of Governor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881u - Fugitives from Puerto Rico; duty of Governor
Whenever the Governor of Puerto Rico shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation, or parole, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of Puerto Rico, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer in the jurisdiction of Puerto Rico in which the offense was committed. History —May 24, 1960, No. 4, p. 4, § 22, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881v/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881v - Application for issuance of requisition; by whom made; contents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881v - Application for issuance of requisition; by whom made; contents
(1) When the return to Puerto Rico of a person charged with crime in Puerto Rico is required, the Secretary of Justice shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the Secretary of Justice, the ends of justice require the arrest and return to Puerto Rico of said person for trial and that the proceeding is not instituted to enforce a particular or private claim. (2) When the return to Puerto Rico is required of a person who has been convicted of a crime therein and has escaped from confinement or broken the terms of his bail, probation, or parole, the Secretary of Justice shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made. The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned or of the complaint filed, or of the judgment rendered by the corresponding court, and of certified copies in duplicate of the affidavits which where the basis for the determination of probable cause. The Secretary of Justice may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. Once copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, sentence, and affidavits shall be filed in the office of the Secretary of State. The other copies of all papers shall be forwarded with the Governor’s requisition. History —May 24, 1960, No. 4, p. 4, § 23, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881w/
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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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881w - Expenses
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881w - Expenses
The expenses incurred in the extradition proceedings for and the return to Puerto Rico of the persons claimed by the Governor of the Commonwealth of Puerto Rico according to the preceding provisions shall be defrayed from the budget of expenses of the Department of Justice of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 24, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881x/
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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881x - Immunity from service of process in certain civil actions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881x - Immunity from service of process in certain civil actions
A person brought into Puerto Rico by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned to Puerto Rico, until he has been convicted in said criminal proceeding, or, if acquitted, until he has reasonable opportunity to return to the state from which he was extradited. History —May 24, 1960, No. 4, p. 4, § 25, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881y/
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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881y - Written waiver of extradition proceedings
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881y - Written waiver of extradition proceedings
Any person arrested in Puerto Rico charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation, or parole may waive the issuance and service of the warrant provided for in §§ 1881f and 1881g of this title and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of one of the judges of the Court of First Instance of Puerto Rico a writing such states that he consents to return to the demanding state; Provided, however, That before such waiver shall be executed or subscribed by such person it shall be the duty of such magistrate to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 1881i of this title. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of Puerto Rico and filed therein. The magistrate shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; Provided, however, That nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of the Commonwealth of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 26, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881z/
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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881z - Nonwaiver by Commonwealth of Puerto Rico
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881z - Nonwaiver by Commonwealth of Puerto Rico
Nothing in this chapter contained shall be deemed to constitute a waiver by the Commonwealth of Puerto Rico of its right, power or privilege to try such demanded person for crime committed within Puerto Rico, or of its rights, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed herein, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by the Commonwealth of Puerto Rico of any of its rights, privileges, or jurisdiction in any way whatsoever. History —May 24, 1960, No. 4, p. 4, § 27, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881aa/
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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881aa - No right of asylum; no immunity from other criminal prosecutions while in Puerto Rico
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881aa - No right of asylum; no immunity from other criminal prosecutions while in Puerto Rico
After a person has been brought back to Puerto Rico by, or after waiver of, extradition proceedings, he may be tried here for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. History —May 24, 1960, No. 4, p. 4, § 28, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881bb/
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 XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881bb - Interpretation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881bb - Interpretation
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the laws of those states which enact it. History —May 24, 1960, No. 4, p. 4, § 29, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1974/
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 XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1974 - Asylums or industrial schools for children—Assisting escape from
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1974 - Asylums or industrial schools for children—Assisting escape from
It is hereby prohibited to permit, assist, advise, or induce, either directly of indirectly, any person confined in an asylum or industrial school for children in Puerto Rico to flee, hide himself, or remain outside of said asylum or industrial school. History —Apr. 14, 1942, No. 32, p. 428, § 1, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1975/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1975 - Asylums or industrial schools for children—Disturbing order, work, or discipline
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1975 - Asylums or industrial schools for children—Disturbing order, work, or discipline
It is prohibited that any person foreign thereto who may be disturbing the order, the work, or the discipline of said institution, remain within or in the vicinity of the lands where said asylums or industrial schools for children are located. History —Apr. 14, 1942, No. 32, p. 428, § 2, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1976/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1976 - Asylums or industrial schools for children—Penalties
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1976 - Asylums or industrial schools for children—Penalties
Every violation of the provisions of §§ 1974-1977 of this title shall constitute a misdemeanor, and the person accused, once convicted, shall be punished by a maximum fine of one hundred (100) dollars or by one day in jail for each dollar he fails to pay, for a term not exceeding ninety (90) days; and for subsequent violations, a minimum penalty of one (1) month in jail and a maximum of two (2) years. History —Apr. 14, 1942, No. 32, p. 428, § 3, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1977/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1977 - Asylums or industrial schools for children—Definition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1977 - Asylums or industrial schools for children—Definition
For the purposes of §§ 1974-1977 of this title, asylums and industrial schools shall be understood to be the Ana Roque Duprey Industrial School for Girls, at Ponce, and the Commonwealth Industrial School for Boys, at Mayaguez, and also all those of an identical nature that may hereafter be established. History —Apr. 14, 1942, No. 32, p. 428, § 4, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2201/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2201 - Title, nature and application
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2201 - Title, nature and application
This chapter shall be known as the “Puerto Rico Minors’ Act.” Its provisions shall be applicable with preference over other laws, and in case of conflict, the special principles of this chapter shall prevail. History —July 9, 1986, No. 88, p. 276, § 1, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2202/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2202 - Interpretation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2202 - Interpretation
This chapter shall be interpreted according to the following purposes: (a) To provide for the care, protection development, habilitation and rehabilitation of minors and to protect the well-being of the community. (b) To protect the public interest by treating minors as persons in need of supervision, care and treatment, while at the same time they are required to be responsible for their actions. (c) To guarantee fair treatment, due process of law and recognition of their constitutional rights to all minors. History —July 9, 1986, No. 88, p. 276, § 2, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2203/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2203 - Definitions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2203 - Definitions
The words and phrases used in this chapter shall mean: (a) Adult.— Any person who has attained eighteen (18) years of age. (b) Probable cause.— Determination made by an investigating magistrate on the occurrence of a violation to a law or municipal ordinance, in the commission of which a minor is regarded as the perpetrator or accomplice. (c) Treatment center.— Residential institution which offers the minor protective, evaluating and diagnostic services, in addition to rehabilitating treatment after a final decision of the case has been made. (d) Detention center.— Institution where the minor shall be held pending the adjudication or final decision of the case, or pending any other procedure before the court. (e) Custody.— The act of putting the minor under the responsibility of the Secretary of the Family or of any other body or private or public institution through a court order and subject to the jurisdiction thereof; said person shall retain custody during the period he is receiving the protective, evaluating and diagnostic services, in addition to the rehabilitating treatment which his condition calls for. (f) Classification and Evaluation Division.— A dependency of the Juvenile Institutions Administration in charge of evaluating all minors whose custody has been assigned to the Juvenile Institutions Administration by order of the court, and which shall determine the placement of the minor. (g) Removal.— Resolution of the court suspending the judicial procedure in the interest of the minor and referring him to an agency, institution or public or private body to receive services. (h) Detention.— Provisional care of the minor in an institution or center created for such purposes pending the determination of the court on the facts he is charged with, and thus is placed under its authority after probable cause has been found, or due to pending post-adjudicative procedures. (i) Family Relations Specialists.— Social worker thus classified in the Personnel Administration System of the Judiciary Branch attached to the court. (j) Offense.— Violation or attempted violation by a minor of penal or special laws or municipal ordinances of Puerto Rico except those violations or attempted violations that are excluded, by the express provisions of this chapter. (k) Class I Offense.— Conduct that if incurred by an adult would constitute a misdemeanor. (l) Class II Offense.— Conduct that if incurred by an adult would constitute a felony, except those included in Class III offenses. (m) Class III Offense.— Conduct that if incurred by an adult would constitute a first degree felony, except for the modality of first degree murder that is excluded from the authority of the court; second degree felony; the following felonies in the classification of third degree: manslaughter, aggravated burglary, kidnapping, theft, aggravated assault under the modality of mutilation, manslaughter; and the following offenses in special laws: distribution of controlled substances and §§ 458b, 458f, 458g, 458h and 458i of Title 25, part of the Weapons Law. (n) Judge.— The person designated to take cognizance in the matters within the provisions of this chapter. (o) Minor.— A person who is under eighteen (18) years of age or that having attained said age is held liable for an offense committed prior to attaining that age. (p) Prosecutor for Minor’s Affairs, or Prosecutor.— Assistant Prosecutor of the Court of First Instance designated exclusively to exercise his functions in matters covered by this chapter. (q) Complaint.— Writ filed in the court describing the offense charged to a minor. (r) Rehabilitation.— Process through which it is expected to adequately reintegrate the minor to society with the capacity to function on his own. (s) Family Relations Technician.— Professional thus classified in the Personnel Administration System of the Judiciary Branch attached to the court who shall have professional training in the field of human behavior. (t) Transgressor.— A minor who has been found guilty of committing an offense. (u) Court.— Court of First Instance, Part that executes its authority pursuant to the provisions of this chapter. (v) Escape.— Any minor who, while under the custody of the Juvenile Institutions Administration, commits the offense of escape, shall be guilty of a new offense. The resolutory measure of this new offense shall be subsequent to the original resolutory measure. Escape shall be understood to be a unjustified absence without the permission of the Institution, or the unjustified abandonment of any program to which the minor was referred. History —July 9, 1986, No. 88, p. 276, § 3; June 19, 1987, No. 34, p. 113, § 1; June 29, 1989, No. 14, p. 64, § 1; Dec. 8, 1990, No. 28, p. 1526, § 1; July 11, 1991, No. 19, § 1; Aug. 12, 1995, No. 183, § 1; Sept. 16, 2004, No. 334, § 1, eff. May 1, 2005.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2204/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2204 - Jurisdiction of the court
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2204 - Jurisdiction of the court
(1) The court shall have the authority to take cognizance of: (a) Any case in which a minor is charged with conduct that constitutes an offense incurred before he/she has attained eighteen (18) years of age. Such authority shall be subject to the statute of limitations provided in penal laws for the conduct he/she is charged with. (b) Any matter concerning minors as provided by a special act, conferring upon it the power to take cognizance in the matter. (2) The court shall not have the authority to take cognizance of: (a) Any case in which a minor who has reached the age of fifteen (15) is charged with having committed acts constituting first degree murder as defined in subsection (a) of § 4734 of Title 33. (b) Any case in which a minor who has reached the age of fifteen (15) is charged with acts constituting a crime arising from the same transaction or event constituting murder in the first degree as defined in subsection (a) of § 4734 of Title 33. (c) Any case in which a minor is charged with acts constituting a crime when he/she has been previously charged with a felony as an adult. (3) In all cases contemplated in the previous subsections, the minor shall be tried as an adult. (4) The Criminal Part of the General Court of Justice shall retain jurisdiction over the minor even when he/she pleads guilty or has been convicted of a crime other than murder as defined in subsection (a) of § 4734 of Title 33. Similarly, it shall retain jurisdiction when the Minors Part of the Superior Court has waived jurisdiction over the minor and in the ordinary process as an adult, the charges against the minor have been vacated or the minor has been found not guilty. (5) When a judge determines that there is probable cause for a crime other than murder, as defined in subsection (a) of § 4734 of Title 33, this, and any other crime arising from the same transaction shall be transferred to the court exercising its authority under the provisions of this chapter which shall retain and maintain jurisdiction, as provided in sec. 2205 of this title. History —July 9, 1986, No. 88, p. 276, § 4; June 19, 1987, No. 34, p. 113, § 2; June 29, 1989, No. 14, p. 64, § 2; July 11, 1991, No. 19, § 2; Sept. 16, 2004, No. 334, § 2, eff. May 1, 2005.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2205/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2205 - Duration of the court's authority
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2205 - Duration of the court's authority
The court shall retain authority over any minor subject to the provisions of this chapter until he/she has attained the age of twenty-one (21) years, unless said authority is terminated through an order to such effects. In all cases in which a minor, while under the authority of the court, is prosecuted and convicted as an adult, the court (Minors” Affairs Part) shall automatically lose its authority over said minor. In these cases, if at the time the minor is prosecuted as an adult, he/she fails to post the bail imposed, he/she shall remain confined in an institution of the Juvenile Institutions Administration until he/she is convicted as an adult. The court (Criminal Part) shall be required to order minors prosecuted and convicted as adults to comply with any disposition imposed by the court (Minors” Affairs Part) that has not been yet completed. Once the minor is convicted as an adult, the authority of the Juvenile Institutions Administration over the minor shall cease, and said minor shall be under the authority of the General court of Justice immediately. The court shall take the necessary safeguards to ensure that the convict remains under the custody of the Administration of Corrections and Rehabilitation to complete the juvenile disposition issued by the court as an adult. Once the juvenile disposition is completed, he/she shall begin to serve the sentence imposed for the new offense committed consecutively. If the minor is prosecuted as an adult for the new offense, but he/she is acquitted of the new offense charges or such charges are dismissed, the court (Minors” Affairs Part) shall retain authority over the minor until he/she completes the juvenile disposition issued by the court. History —July 9, 1986, No. 88, p. 276, § 5; July 13, 1988, No. 94, p. 385, § 1; Aug. 12, 1995, No. 183, § 2; Aug. 11, 2011, No. 178, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2206/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2206 - Right to legal counsel
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2206 - Right to legal counsel
In all procedures the minor shall be entitled to be represented by an attorney and if he/she lacks the financial means, the court shall appoint one for him/her. In the event the maximum term of duration of the resolutory measure is extended, the minor shall also be represented by an attorney, pursuant to § 2229 of this title. History —July 9, 1986, No. 88, p. 276, § 6; Aug. 12, 1995, No. 183, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2207/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2207 - Search and seizure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2207 - Search and seizure
The minor will be protected against unreasonable searches, attachments and seizures. A judicial warrant authorizing a search and seizure against a minor shall only be issued when there is probable cause based on a sworn statement or declaration and specifically stating the person or place to be searched and the things to be seized. History —July 9, 1986, No. 88, p. 276, § 7, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2208/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2208 - Exception to public trial; jury
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2208 - Exception to public trial; jury
All the hearings on the merits of the case shall be held in the courtroom and in accordance with the provisions of the Rules of Procedure for Minors’ Affairs. The public will not have access to the courtrooms where cases of minors are being tried, unless the minor’s parents, tutor or his legal counsel demand that the matter be tried publicly, and in every case, under the rules established by the judge. The judge may consent to admit persons who show a legitimate interest in the matters to be discussed after the minor and his legal counsel have given their consent. All other actions or procedures may be handled and discussed by the judge in his chambers or in any other place, without the need of the presence of the clerk or other Court officials. The hearings in the cases of minors under the present chapter shall be held without a jury. History —July 9, 1986, No. 88, p. 276, § 8, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2209/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2209 - Prior evidence
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2209 - Prior evidence
The evidence adduced in the adjudicative phase before the Minors’ Court may not be produced as evidence against the minor in a court of competent jurisdiction, unless the Minor’s Court has waived jurisdiction. History —July 9, 1986, No. 88, p. 276, § 9, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2210/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2210 - Bail
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2210 - Bail
The provisions with respect to bail shall not be applicable to the minors under detention or custody pursuant to the provisions of this chapter. History —July 9, 1986, No. 88, p. 276, § 10, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2211/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2211 - Waiver of rights
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2211 - Waiver of rights
The waiving by a minor of any constitutional right that protects him will not be admitted unless his parents or tutor and his attorney are present, and there is a decision of the judge that the waiver is free, intelligent and that the minor is aware of the consequences thereof. However, the presence of the attorney shall not be required in order to waive the right to legal counsel. History —July 9, 1986, No. 88, p. 276, § 11, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2212/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2212 - Prosecutor for Minors’ Affairs
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2212 - Prosecutor for Minors’ Affairs
A Prosecutor for Minors’ Affairs shall participate in all affairs concerning minors before the consideration of the court. This Prosecutor shall be designated exclusively to perform his/her duties in the matters covered by this chapter. (a) Powers of the Prosecutor for Minors’ Affairs.— The Prosecutor shall be an Assistant Prosecuting Attorney of the Court of First Instance vested with all the powers and duties inherent to his position and all those attributes stated herein, with the purpose of validating the precepts and measures expressed in this chapter. (b) Duties of the Prosecutor.— The Prosecutor shall have the following functions: (1) To conduct the investigation of the facts in all the cases in which the commission of an offense is alleged. (2) To represent the Commonwealth in any procedure of an adversary nature and produce evidence to uphold the complaint. (3) In all cases in which probable cause is found, he shall file the corresponding complaint and refer the minor and his parents or tutors to the Family Relations Specialist for study, and the drafting of a social report. (4) He may request the dismissal of the complaint if the same is not legally sufficient to initiate the process, in which case and at his discretion, he may refer the minor, his parents or tutor to the Family Relations Specialist, so that said specialist may counsel them on the agencies or social bodies that can attend to their needs, if the circumstances thus warrant it. (5) He shall make agreements with the minor, his attorney and his parents or tutors to request the court to remove itself from the procedure pursuant to § 2221 of this title. (6) He shall investigate the detentions of minors in adult correctional institutions, negotiate their release from jail and shall continue with the procedures in the best interest of the minors. (7) He shall make the necessary arrangements for the Judge to appoint a tutor or custodian for the minor when the latter has no one to be responsible for his legal custody. (8) He shall initiate the procedures and submit petitions to the court on the waiver of jurisdiction and revocation of parole. (9) Enter into plea bargaining arrangements in conformity with the principles and procedures contemplated in this chapter and in any other applicable regulations. (10) He/she shall execute any other duties needed for the performance of his/her office. History —July 9, 1986, No. 88, p. 276, § 12; Apr. 2, 2007, No. 30, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2213/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2213 - Family Relations Specialist
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2213 - Family Relations Specialist
The Family Relations Specialist shall be the social worker designated to intervene in minors’ affairs who shall perform the following duties: (1) Upon the request of the court, he shall conduct a preliminary social investigation with the purpose of determining whether the minor should or should not be placed under preventive detention until the hearing of the case is held. (2) He shall give guidance to the parties and may refer them to the pertinent agencies or bodies pursuant to the provisions of this chapter. (3) He shall carry out the pertinent study and social analysis of the minor and prepare the reports required by the judge. (4) He shall recommend the initial treatment and services to be offered to minors who remain under the jurisdiction of the court after the adjudicative hearing. (5) When acting as supervisor to the Family Relations Technician, he shall draw up, together with the latter, the treatment plan and services to be given to the minor while on probation, giving the Technician the guidance and assistance such function deserves. (6) He shall recommend the cases in which the appointment of a tutor or legal custodian should be requested. (7) He shall keep a record of the services and the interviews held during the process of investigation and prepare a brief summary of the facts for the bodies to which the matters shall be referred, as well as all those forms, statistics, card files and other information needed for the best operation of the court. History —July 9, 1986, No. 88, p. 276, § 13, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2214/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2214 - Family Relations Technician
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2214 - Family Relations Technician
The Family Relations Technician shall be the professional designated to intervene in the direct supervison of minors, and who shall also perform the following duties: (1) He shall explain to the minor the conditions imposed on him to remain on probation and supervise him during the same. (2) He shall see that the conditions imposed on the minor are complied with. (3) He shall coordinate the treatment and the services to be offered to the minor in harmony with the recommendation of the Family Relations Specialist and together with the person supervising him. (4) He shall render periodic reports on the adjustment of the minor or those required by the court, and keep records of the services and treatment given to the minor. (5) He shall recommend to the Prosecutor the petition to revoke probations when the minor does not meet its conditions upon consulting with the Family Relations Specialist who supervises him. History —July 9, 1986, No. 88, p. 276, § 14, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2215/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2215 - Waiver of jurisdiction
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2215 - Waiver of jurisdiction
(a) Petition by the Advocate.— The court, by petition of the Advocate, may waive its jurisdiction over a minor who is over fourteen (14) and under eighteen (18) years of age, who is charged with committing any Class II or III offense. The Advocate may file the well-founded petition when he/she deems that it shall not be in the best interest of the minor and of the community to try the case under the provisions of this chapter. The Advocate may file the petition for waiver of jurisdiction in the following cases: (1) When a minor who is older than fourteen (14) years of age is charged with acts constituting murder in the modality under the authority of the court, any other first degree felony and any other offense that arises from the same transaction or event. (2) When a minor is charged with a Class II or III offense and has previously been adjudicated a Class II or III offense, incurred between the ages of fourteen (14) and eighteen (18) years. The Prosecutor shall be bound to notify the court as to the lack of jurisdiction in these cases excluded from its authority by the express provisions of this chapter. (b) Hearing.— The court, after due notice, shall conduct a hearing to waive jurisdiction. (c) Factors to be considered.— In order to determine the legal basis for the waiver referred to in subsection (a) of this section, the court shall examine the following factors: (1) Nature of the offense the minor is charged with and the circumstances surrounding it. (2) Previous legal record of the minor, if any. (3) Social record of the minor. (4) If his socioemotional record and his attitude towards authority make it necessary to establish controls with respect to his behavior that cannot be offered in custody centers or in the social treatment institutions available to the court. History —July 9, 1986, No. 88, p. 276, § 15; June 19, 1987, No. 34, § 3; July 13, 1988, No. 94, p. 384, § 2; June 29, 1989, No. 14, p. 64, § 3; Dec. 8, 1990, No. 28, p. 1526, § 2; July 19, 1991, No. 19, § 3; Sept. 16, 2004, No. 334, § 3, eff. May 1, 2005.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2216/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2216 - Waiver of jurisdiction—In absentia
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2216 - Waiver of jurisdiction—In absentia
The court may waive jurisdiction in the absence of a minor, provided the requirements listed in this chapter are met after a hearing is conducted in which the minor is represented by counsel, when the following circumstances concur: (1) That on the date of the commission of the deed he has attained the age of fourteen (14) years. (2) That he has fled the jurisdiction. (3) That sufficient measures have been taken in the jurisdiction to locate him and these have been unsuccessful. In case of a mandatory waiver of jurisdiction, the court may do so in absentia when the above stated circumstances concur, the minor has fled the jurisdiction and the measures taken to locate him have been unsuccessful. History —July 9, 1986, No. 88, p. 276, § 16, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2217/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2217 - Transfer of case to adults’ court
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2217 - Transfer of case to adults’ court
If the judge deems that there are grounds to waive jurisdiction, he shall issue a resolution expressing the grounds therefor and shall direct the transfer of the case to be prosecuted as an adult. The statements, evidence, documents and other information in the custody of the court shall be included with the order to transfer the matter, except those that in harmony with this chapter and the Rules of Procedure for Minors’ Affairs, App. I-A of this title, are of a confidential nature. The notice of the waiver that the clerk of the court shall send to the District Prosecuting Attorney or to the competent authority shall not contain a copy of the resolution issued in the case. The Prosecutor shall be responsible for ensuring that the minor is taken immediately to the pertinent authorities in order to initiate the procedures in the regular jurisdiction. History —July 9, 1986, No. 88, p. 276, § 17, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2218/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2218 - Determination of probable cause
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2218 - Determination of probable cause
Prior to the filing of a complaint, a hearing to determine probable cause shall be held before a Judge in accordance with the procedure established in the Rules of Procedure for Minors’ Affairs, App. I-A of this title. History —July 9, 1986, No. 88, p. 276, § 18, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2219/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2219 - Minor’s parole; promise of appearance
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2219 - Minor’s parole; promise of appearance
Whenever possible, the minor shall be left in custody of his parents or a responsible person with the promise that they shall appear with the minor before the court on the date established. In those cases in which the minor is left in the custody of his parents, guardian or responsible person, they shall sign a promise of appearance committing themselves to bring the minor to the hearing of the case when the court orders it under admonition of contempt of court. History —July 9, 1986, No. 88, p. 276, § 19, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2220/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2220 - Detention of minor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2220 - Detention of minor
The detention of the minor shall only be carried out through a court order. The detention of a minor prior to the adjudicative hearing will not be ordered unless: (1) It is necessary for the safety of the minor or because he represents a risk to the community; (2) the minor refuses to, or is mentally or physically unable to state his name, that of his parents or guardian and his residential address; (3) when there are no responsible persons willing to assume custody of the minor and guarantee his appearance at subsequent procedures; (4) that the minor has fled or has a known record of nonappearances; (5) that, because it has been determined that he has previously committed offenses which, if committed by an adult would constitute a felony, and probable cause has been determined in the offense he is charged with at present, it could be reasonably believed that he seriously threatens the public peace, or (6) that upon having summoned the minor for the hearing to determine probable cause, he does not appear and probable cause is determined in his absence. History —July 9, 1986, No. 88, p. 276, § 20, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2221/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2221 - Removal of minors from judicial procedure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2221 - Removal of minors from judicial procedure
After a complaint has been filed and before the adjudication of the case, the Prosecutor may request the court to refer the minor to an agency or a public or private body if the following circumstances exist: (1) If it is a Class I offense or a first time offender in a Class II offense. (2) An agreement is signed between the Prosecutor, the minor, his parents or guardian and the agency or body to which the minor is referred. (3) The social report of the Family Relations Specialist is taken into consideration. (4) There is an authorization of the court. The agency or body to which the minor is referred in accordance with this section shall report to the Prosecutor and to the court whether the minor is complying with or has complied or not with the conditions of the agreement. In case the minor has complied with said conditions, the Prosecutor shall request the court to dismiss the complaint. In case the minor has not complied, the Prosecutor shall request a hearing to determine if the procedure should continue. History —July 9, 1986, No. 88, p. 276, § 21, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2222/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2222 - Adjudicative hearing
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2222 - Adjudicative hearing
Subsequent to the apprehension of the minor, the judge of the Court of First Instance shall determine whether the minor shall remain in custody of his/her parents or guardian until the hearing for the determination of probable cause for the filing of the complaint, or if he/she shall order the provisional detention of the minor, pursuant to the provisions of § 2220 of this title. When the provisional detention of the minor is ordered, the judge shall consign the grounds that justify said order in writing. If the minor is provisionally detained or remains in custody of his parents or guardian, he shall be summoned to appear at the hearing for the determination of probable cause for the filing of the complaint. In the first instance, barring exceptional causes, the hearing shall be held within three days after the minor’s apprehension. In the second instance, the hearing shall be held within the following twenty (20) days. All standards regarding a speedy trial that exist in our jurisdiction shall be applied to the procedure. The adjudicative hearing at which the judge shall proceed to determine whether or not the minor has incurred the offense he/she is charged with, shall be held within the sixty (60) days following the determination of probable cause if the minor is under the custody of his/her parents or a responsible person, or within twenty (20) days, if he/she is being kept in a detention center, unless the delay is due to a petition of the minor, his/her parents or guardian or there is just cause for it. In said hearing the minor shall be entitled to be represented by an attorney, to cross-examine the witnesses and to introduce evidence in his/her behalf. The Rules of Evidence shall be applicable, and the allegations of the Prosecutor must be proven beyond a reasonable doubt. The judge who presides [over] the adjudicative hearing must be different from the one who presided [over] the determination of probable cause. History —July 9, 1986, No. 88, p. 276, § 22; Aug. 12, 1995, No. 183, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2223/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2223 - Resolutory hearing
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2223 - Resolutory hearing
Upon the conclusion of the adjudicative hearing, a resolutory hearing of the case shall be held unless the court, by request of the minor or the Prosecutor, sets the resolutory hearing for a later date. The judge must have a social report before him prior to disposing of the case of a minor found liable. History —July 9, 1986, No. 88, p. 276, § 23, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2224/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2224 - Imposition of resolutory measures on minor guilty of offense
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2224 - Imposition of resolutory measures on minor guilty of offense
When the court has made the determination that the minor has incurred an offense, it may impose any of the following resolutory measures: (a) Nominal.— Offer the minor guidance, making him aware of how censurable his conduct is, but without imposing conditions on his freedom, and of the possible consequences if he continues said conduct. (b) Conditional.— Place the minor on probation in his parents’ home or in that of another adequate person, requiring his compliance of one or more of the following conditions: (1) To report periodically to the Family Relations Technician and comply with the rehabilitation program prepared by him. (2) To prohibit certain acts or companions. (3) To order restitution to the affected party in accordance with the regulations promulgated to such effects. (4) Order the minor to perform community service in those cases in which an offense is committed that entails the imposition of a resolutory measure of six (6) months or less, provided that there is no violation to the provisions of law that govern the work of minors in Puerto Rico. (5) Order the minor to pay the special penalty established in § 3214 of Title 33, for the criminal conduct described in § 981d of Title 25, known as the “Crime Victims Compensation Act”. The court may excuse the minor from the payment of the special penalty in cases of any type of offense, upon compliance with the requirements for exemption of payment of the special penalty for felonies set forth in § 3214 of Title 33. (6) Any other conditions that the court deems favorable for his protection and treatment. (c) Custody.— Order the minor to remain under the custody of any of the following persons: (1) The Juvenile Institutions Administrator, in those cases that the minor is imposed a term greater than six (6) months in its resolutory measure. The Administration of Juvenile Institutions, through the Evaluation and Classification Division, shall determine the placement of the minor and the services to be offered. (2) An adequate public or private institution. (3) The Secretary of Health in those cases in which the minor presents mental health problems. History —July 9, 1986, No. 88, p. 276, § 24; Aug. 12, 1995, No. 183, § 5; Aug. 21, 2003, No. 196, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2225/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2225 - Criteria for imposition of resolutory measures
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2225 - Criteria for imposition of resolutory measures
The judge shall impose the resolutory measures from a lesser to greater degree of severity in accordance with the magnitude of the offense charged, the degree of responsibility indicated by the circumstances surrounding it as well as the age and previous record of the minor, and taking into consideration within these parameters the needs of the minor for the most speedy and effective rehabilitation. History —July 9, 1986, No. 88, p. 276, § 25, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2226/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2226 - Violation of the Vehicle and Traffic Act
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2226 - Violation of the Vehicle and Traffic Act
(a) When the offense the minor is charged with constitutes a crime under the Puerto Rico Vehicle and Traffic Act, the court shall impose the measures provided by said sections. (b) The minors who commit violations denominated administrative offenses under the Puerto Rico Vehicle and Traffic Law, shall be responsible therefore in the manner established in said sections and before the corresponding administrative body. History —July 9, 1986, No. 88, p. 276, § 26, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2227/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2227 - Resolutory measures; duration
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2227 - Resolutory measures; duration
(a) Class I Offense.— When the court finds that the minor has incurred conduct which if incurred by an adult would constitute a misdemeanor, it shall adjudicate the commission of a Class I offense and may impose any of the following resolutory measures: (1) Nominal; (2) conditional for a maximum term of twelve (12) months; (3) custody for a maximum term of six (6) months. (b) Class II Offense.— When the court finds that a minor has incurred conduct which if incurred by an adult would constitute a felony except those included in Class III, it shall adjudicate the commission of a Class II offense and may impose any of the following resolutory measures: (1) nominal, provided the minor has no previous record; (2) conditional for a maximum term of three (3) years; (3) custody of a maximum term of two (2) years. (c) Class III Offense.— When the court finds that the minor has incurred a Class III offense, it may impose any of the following resolutory measures: (1) Parole for a maximum term of four (4) years. (2) Custody for a maximum term of three (3) years. History —July 9, 1986, No. 88, p. 276, § 27; Sept. 16, 2004, No. 334, § 4, eff. May 1, 2005.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2228/
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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 XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2228 - Cessation of resolutory measure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2228 - Cessation of resolutory measure
Any resolutory measure shall cease when any of the following circumstances occur: (a) When the maximum term provided by law has expired, unless § 2229 of this title has been applied; (b) when the minor attains twenty-one (21) years of age; (c) when he has been rehabilitated. History —July 9, 1986, No. 88, p. 276, § 28, eff. 180 days after July 9, 1986.