2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 29 - Proceedings and Granting of Immunity to Witnesses (§§ 591 — 597) › § 593 - Judicial and administrative proceedings

(1) Whenever a natural or juridical person duly summoned by a competent official refuses to testify, answer a question or provide the information required claiming his/her right against self-incrimination at a criminal investigation, at a criminal or civil judicial proceeding, at an administrative hearing or investigation, or at auxiliary or subordinate proceedings thereof, the official, with the approval of the Secretary of Justice, may go before the appropriate part of the Court of First Instance so that it may dictate an order forcing the person to testify, answer or supply the information which has been required pursuant to the provisions of subsection (2) of this section.
(2) The official requesting the order shall file a motion before the court, after prior notice to the witness, in which it is alleged that the testimony or information requested is necessary for the public interest and that the witness has refused, and will probably continue to refuse, to testify or provide the information invoking his/her privilege against self-incrimination. Whenever the official requesting the order has grounds for believing that the authorities of another state or of the federal government are interested in initiating, or have initiated criminal proceedings against said witness, he/she must also notify the corresponding state or federal officials. The motion must have the approval of the Secretary of Justice or of the official designated by the Secretary to represent him/her at this type of proceedings. The court will hold a hearing within a period of time not greater than thirty (30) days, at which the witness shall have the opportunity of showing cause as to why the order requested should not be dictated.
(3) Once the party requesting the order has complied with the procedure established in subsection (2) of this section, and the witness has validly invoked his/her privilege against self-incrimination, the court, having heard all the interested parties, will dictate the order requested unless it be contrary to the public interest.
(4) In extraordinary cases where the immunity granted to the witness under § 594 of this title is not sufficient to persuade him/her to testify, and the public interest in obtaining the testimony or information surpasses any other consideration relative to the processing of, or sanctions against the witness, the court, upon a petition by the party requesting the order, may include in it a provision granting transactional, civil or administrative immunity to the witness. When the witness is an attorney duly admitted to the practice of the profession by the Supreme Court of Puerto Rico, the Secretary of Justice may appear before the Supreme Court with a request of disciplinary immunity for the witness. In the case of other professions duly regulated by law he/she shall go before the corresponding body.
In the absence of a provision in the order granting immunity of a greater scope, the immunity that protects the witness compelled to testify under the order shall be strictly that which is established by § 594 of this title.
History —Dec. 8, 1990, No. 27, p. 1520, § 4.