reglab/statecodes huggingface dataset:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.