reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735f - Term of service

The duty of any citizen eligible to serve as a juror in the Commonwealth of Puerto Rico shall be during the time it takes to empanel the jury or during the selection process, or while the trial lasts, as provided in this section.
If a person duly qualified to serve as a juror appeared in reply to a court summons and were not selected to participate in the empanelling of the jury, or to act as a juror in a criminal proceeding that day, said person shall be relieved from jury duty.
If the summoned person were selected to participate in a proceeding to empanel the jury, or to act as a juror in a criminal proceeding, he will have the duty to remain in active service until his participation in the proceeding for which he was selected ends, regardless of the number of days that said proceeding takes.
Once a person has complied with his obligation to serve as a juror for one day or for one case, or has been relieved from jury duty, said person cannot be summoned again to serve as a juror until a term of five (5) years has elapsed.
Nothing of the above shall prevent a person duly qualified to serve as a juror from remaining in active service as a juror voluntarily for a longer term than is established herein, but in such case he shall not have the right to enjoy a paid leave nor protection for his employment, and shall not be able to remain in active service for a term exceeding three (3) months.
History —Sept. 27, 2003, No. 281, § 8, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735g - Dispensation and deferral

The court shall not be able to exempt anyone from serving as a juror for trivial reasons, nor for inconveniences or disturbances in his personal business or personal matters, but may defer service only for the person’s state of health, disease or death of some family member or due to serious danger of detriment or ruin of the person’s property or of that under his custody. As soon as the reason for the dispensation or the deferral disappears, the person may be summoned again.
The court may dispense those public servants who, due to the nature of their duties, must be exempt from jury service. These are those under active service in government agencies or dependencies such as the Police, Armed Forces, employees of the Judicial Branch, elected officers and district attorneys, including those in charge of minors and families.
History —Sept. 27, 2003, No. 281, § 9, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735h - People exempt from serving as jurors

The following shall be exempt from serving as a juror:
(a) Any attorney, attorney’s paralegal, secretary or stenographer.
(b) Any citizen rendering service as a juror in the United States District Court for Puerto Rico during the term for which he was selected.
(c) Any woman breast-feeding her minor child and who presents a medical attestation to such fact.
History —Sept. 27, 2003, No. 281, § 10; Dec. 26, 2006, No. 300, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735i - Jury duty leave

(a) Except for the Commonwealth of Puerto Rico’s personnel and officers, any person duly summoned by a court for jury duty shall have the right to accrue the compensation for daily appearance established in the regulations. This compensation shall not be available while the person summoned is enjoying a paid leave.
(b) Any personnel or officers of the Commonwealth of Puerto Rico, its agencies, entities or public instrumentalities, of municipal governments, as well as of state or municipal public corporations shall have the right to enjoy a leave with pay and to receive compensation from his or her employer for meals and mileage, according to the regulations of each agency, as if it were an official assignment of such personnel or officers.
(c) Any person hired by a private employer, who has been summoned for jury duty in a court, shall have the right to enjoy paid leave from his employer up to a maximum of fifteen (15) work days, and such compensation by daily appearance as established in this Section and determined through the regulations. If due to jury duty it were [sic] necessary for that person to appear before the court for a period longer than the one previously stated, the employee shall have the right to charge the time of absence during jury duty to his regular vacation leave, or to receive the per diem compensation for his appearance, established in the regulations to be approved for such purposes. What is established in this paragraph shall not affect the employee’s rights acquired through collective bargaining concerning this matter.
(d) When a person duly summoned for jury duty concludes his appearance before the court, the Court Clerk must issue a certificate with a clear indication of the time spent in that appearance indicating the days and time.
(e) To have a right to the protection offered by this chapter, the employee must inform his employer, at least five days before the date for which he has been summoned, of his need for being absent from work in order to comply with jury duty. However, the employer can be given shorter notice if the employee is prevented from complying with his obligation due to the delay with which he received his notice or because of any other justified reason. Once the employee returns to his job he must deliver the referenced certificate to his employer.
History —Sept. 27, 2003, No. 281, § 11, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735j - Nonappearance or refusal to comply

It shall be a felony, conviction upon which shall be sanctioned with a fee of not less than five hundred (500) dollars, for any person who meets the requirements for jury duty established in this chapter, who incurs in the following conduct:
(1) Unjustified refusal to provide the Bureau of the Jury Duty Administration or the court with the necessary information to achieve the objectives of this chapter.
(2) Providing false information to the Bureau the Jury Duty Administration or the court.
(3) Failure to appear before the court to perform jury duty although duly required or summoned for such purpose.
(4) Unjustified refusal of jury duty without having been duly excused or deferred from it.
History —Sept. 27, 2003, No. 281, § 12, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735k - Employer’s penalty for firing or other discriminatory acts

(a) Any employer who authorizes, consents or performs a firing, and any person who threatens with firing, dismissal, or dismisses, suspends, reduces the salary, lowers the category or imposes or intends to impose onerous work conditions on an employee for the fact that said employee has been summoned to serve, is serving or will serve as a juror, or who for such reason refuses to reinstate or reinstates in a lower category or with a lower remuneration than that held when the jury duty began, as long as the provisions of this chapter are complied with, shall incur in civil liability:
(1) For an amount equal to the damages that the act has caused to the worker, or for one thousand dollars ($1,000), whichever is greater; or
(2) for an amount of not less than one thousand dollars ($1,000) nor greater than three thousand dollars ($3,000), at the discretion of the court, if money damages cannot be determined.
In the civil action filed in agreement with the previous provisions, the court may order the employer to reinstate the worker in his job and to cease and desist from the action in question.
(b) Any public or private employer is hereby banned from discounting salary, or vacation or sickness leave, from his employees during the days and hours that a duly summoned employee uses to appear as a jury before a court, except as is set forth.
Any employee who has complied with the provisions of this chapter and whose salary or vacation or sickness leave is illegally discounted, shall have the right to collect the difference owed to him, plus an equal amount that he has not received, corresponding to additional compensation, apart from legal costs, expenses, interests and attorney’s fees, the latter in a reasonable amount, never below one thousand dollars ($1,000).
(c) The civil actions established in subsections (a) and (b) may be filed by the employee or by the Secretary of Labor and Human Resources, in the latter’s name, through the procedure determined in §§ 2871 et seq. of Title 32, known as the “Controversies and Provisional Legal Status Act,” through the special proceeding established by law for labor claims or through a regular civil action, at the employee’s choice.
History —Sept. 27, 2003, No. 281, § 13, eff. 180 days after Sept. 27, 2003.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735l - Regulation

The Supreme Court of Puerto Rico shall establish by regulation that must be approved prior to July 1, 2004, all such rules and regulations needed for the implementation of this chapter, including but without being limited to, the procedure to be used to prepare the register of the jurors, for the total or partial challenge of that register, for the qualification of persons selected for the register, for summoning such people, for the adjudication of exemption or deferral petitions, for the judicial review of the final decisions of the Director of the Bureau and for any other purpose that meet the purposes of this chapter.
History —Sept. 27, 2003, No. 281, § 14; Mar. 24, 2004, No. 82, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1741 - Persons entitled to prosecute writ of habeas corpus

(a) Every person unlawfully imprisoned or restrained of his liberty may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
(b) No judge shall be under the obligation to consider a writ of habeas corpus to inquire into the validity of the detention of a person imprisoned by virtue of a judgment given by any Part of the Court of First Instance, if it is shown that the legality of said detention has already been determined by any judge of Court of First Instance by reason of a former writ of habeas corpus, and the new writ does not bring up any argument not having been produced or adjudged before, and the judge or court is convinced that the granting of the writ shall not serve the purposes of justice.
(c) No judge shall consider a writ of habeas corpus prosecuted by an inmate imprisoned by virtue of a final judgment which has not exhausted the remedy provided by Rule 192.1 of the Rules of Criminal Procedure, App. II of this title. If denied after having been prosecuted, the court shall not consider a writ of habeas corpus unless it may appear from the remedy provided by Rule 192.1 that it was inadequate or ineffective to challenge the validity of the detention.
—Code Crim. Proc., 1935, § 469; Apr. 11, 1968, No. 18, p. 28, § 1.
History
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1742 - Petition for writ

Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify:
(1) That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained, and the place where, naming all the parties, if they are known, or describing them, if they are not known.
(2) If the imprisonment is alleged to be illegal, the petition must also state in what the alleged illegality consists.
(3) The petition must be verified by the oath of the party making the application.
History —Code Crim. Proc., 1935, § 470.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1743 - Courts and judges authorized to grant writ

The writ of habeas corpus may be granted:
(1) By the Supreme Court, or any justice thereof, or by the district court or any judge thereof, upon petition by or on behalf of any person restrained of his liberty. When so issued it may be made returnable before the court or the judge issuing the same.
(2) By the district court, or a judge thereof, upon petition by or on behalf of any person restrained of his liberty, in the respective district in which said court has jurisdiction.
History —Code Crim. Proc., 1935, § 471.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1744 - Writ to be granted without delay

Any court or judge authorized to grant the writ, to whom a petition therefor, is presented, must, if it appear that the writ ought to issue, grant the same without delay.
History —Code Crim. Proc., 1935, § 472.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1745 - Terms of writ

The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified.
History —Code Crim. Proc., 1935, § 473.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.