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) › § 99k - Preliminary investigation

(1) The Secretary of Justice shall carry out a preliminary investigation in every case in which he receives information under oath that, in his judgment, constitutes sufficient cause to investigate whether any of the following officials has committed any felony or misdemeanor included in the same transaction or event, and offenses against civil rights, public duties and the public treasury:
(a) The Governor;
(b) the secretaries and assistant secretaries of the Government Departments;
(c) heads and assistant heads of agencies;
(d) executive directors of public corporations;
(e) mayors;
(f) members of the Legislative Assembly of Puerto Rico;
(g) advisors and aides of the Governor;
(h) judges, and
(i) any individual who has filled any of the offices mentioned above and who has been accused of any felony or misdemeanor included in the same transaction or event, and offenses against civil rights, public duties and the public treasury while in office, provided that the designation of the Special Prosecutor is made within four (4) years following the date that said individual left office. The fixing of this term in no way alters the prescriptive term of the corresponding criminal proceeding against that official or individual.
(2) Whenever the Secretary of Justice conducts a preliminary investigation with respect to the situation of any of the officials or individuals listed in subsection (1) of this section, the Secretary shall determine, based on the information available and the alleged facts, whether there is sufficient cause to believe that a felony and misdemeanor included in the same transaction or event and offenses against civil rights, public duties and the public treasury have been committed. The Secretary of Justice shall not recommend nor shall the Panel authorize the designation of a Special Prosecutor when the alleged crimes have prescribed. After the preliminary investigation is completed, the Secretary shall render a detailed report of such investigation to the Special Prosecutor’s Panel, who shall be appointed pursuant to the provisions of § 99q of this title. Said report shall contain the recommendations of the Secretary as to whether the designation of a Special Prosecutor is appropriate or not. Even when the recommendation of the Secretary is that no Special Prosecutor be designated, he shall be bound to refer his full report and file of the case to the Panel, which may appoint a Special Prosecutor and order an investigation of the case, at its discretion.
(3) Whenever an investigation is conducted regarding the conduct of any of the officials or individuals listed in subsection (1) of this section, if there is the need to file charges or accusations, such action shall not be conducted by the Secretary of Justice. Said responsibility shall always fall on the Special Prosecutor designated by the Panel.
Whenever the Secretary of Justice makes the determination as to whether he recommends the appointment of a Special Prosecutor or not, he shall notify the complainant who requested the appointment of a Special Prosecutor and the official who is to be investigated.
(4) In those cases in which the Secretary of Justice understands that the information received against any of the officials or individuals listed in subsection (1) of this section does not constitute sufficient cause for an investigation, he shall so notify the Panel on the Special Prosecutor stating the grounds that justify his decision.
(5) The Comptroller of Puerto Rico, the Director of the Office of Government Ethics or the complainant may request the Panel to review the refusal of the Secretary of Justice to request a Special Prosecutor within fifteen (15) days of said notice. Likewise, the official to be investigated may request the Panel within fifteen (15) days after the serving of notice to review and not confirm the recommendation of the Secretary of Justice that a Special Prosecutor be designated.
If the Panel determines that the appointment of a Special Prosecutor is not in order, said determination shall be final and binding and no complaint may be filed again on the same facts.
(6) In the case that the Panel determines that the information received is frivolous, the Panel shall impose all costs incurred in the proceedings carried out pursuant to §§ 99h—99z of this title, on the person who presented the same. The State shall reimburse every official subject to an investigation who is exonerated, a reasonable amount for the expenses incurred in attorney’s fees, except in the cases of dismissal due to the prescription of the offenses charged.
History —Feb. 23, 1988, No. 2, p. 4, § 4, eff. 30 days after Feb. 23, 1988.