2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 7 - Department of Justice (§§ 71 — 139-139f) › Subchapter IV - Special Independent Prosecutor (§§ 99h — 99aa) › § 99r - Special Independent Prosecutor’s Panel—Duties

(1) The Panel may appoint a Special Prosecutor in any of the following cases:
(a) When the Secretary of Justice requests the appointment and, if the recommendation by the Secretary is challenged, the Panel concludes that a full investigation is merited because the filing of accusations or charges is in order, based on the report submitted by the Secretary and on any other information submitted to, or obtained by the Panel.
(b) When in a proceeding to review a negative determination made by the Secretary of Justice, the Panel determines based on the report submitted by the Secretary or on any other information submitted to or obtained by the Panel, that in opposition to the Secretary’s determination, because the filing of accusations or charges is in order, a full investigation is merited.
(c) When, pursuant to § 99m of this title, the Secretary is charged with committing any of the crimes referred to in § 99k of this title and the Panel determines that a full investigation is merited because the filing of accusations or charges might be in order. In any case, the Panel shall designate a Special Prosecutor only when the information submitted strictly complies with the following requirements:
(i) It comes from a highly-credible source;
(ii) it is detailed, and
(iii) it establishes a high degree of probability that any of the crimes referred to in § 99k of this title have been committed.
(2) In appointing a Special Prosecutor, the Panel shall establish the limits of his commission and jurisdiction. The Panel shall reveal the identity of the Special Prosecutor as well as establish the limits of his commission and jurisdiction.
(3) The Panel may extend the commission and jurisdiction of a Special Prosecutor on duty, upon request of said Special Prosecutor, or the Secretary of Justice, or on its own initiative. Said determination may be made to avoid having to appoint a new Special Prosecutor. More than one matter or investigation may be entrusted to each Special Prosecutor.
(4) The Panel may consolidate the investigation under one single Special Prosecutor in special situations in which the investigations of several officials are interrelated.
(5) The Panel shall exercise due supervision over the Special Prosecutor so that the investigative task is diligently, expeditiously and quickly carried out to fully comply with the purpose of §§ 99h—99z of this title and with any other requirement or term that is applicable to the Special Prosecutor.
(6) The Panel may request from the Special Prosecutor whatever reports are needed to make any decisions that may simplify the commission and work of the Special Prosecutor, as well as the performance of a full investigation regarding the complaint or charge in question.
(7) In case of death, resignation or dismissal or separation from office of the Special Prosecutor, the Panel shall appoint a substitute on a temporary basis who shall exercise all duties, faculties and powers of the position until the vacancy is filled, and the Panel appoints a new Special Prosecutor, and he takes office.
History —Feb. 23, 1988, No. 2, p. 4, § 11, eff. 30 days after Feb. 23, 1988; Jan. 3, 2012, No. 4, § 4.