reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2458 - Court reporters, complete record of proceedings and testimony, if dishonorable discharge, bad conduct discharge or dismissal adjudged

(a) The general courts-martial shall keep a stenographic record taken by a court reporter. Special courts-martial subject to § 2454 of this title may keep a stenographic record in the same manner as the general courts-martial and subject to the regulations prescribed by the Adjutant General.
(b) Unless a complete record of the proceedings and testimony before the court has been made no dishonorable discharge, bad conduct discharge or dismissal may be adjudged.
History —June 23, 1969, No. 62, p. 117, § 707, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IV - Courts-Martial Jurisdiction (§§ 2451 — 2459) › § 2459 - Confinement instead of fine

In the Military Forces of Puerto Rico not in federal service, a court-martial may, in the use of its sound discretion, impose a fine, confinement or both penalties.
History —June 23, 1969, No. 62, p. 117, § 708, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2501 - Who may convene a general court-martial

In the Military Forces of Puerto Rico not in federal service, general courts-martial may be convened by the Governor, by any officer with the rank of general in command, or by any commanding officer of a task force or joint command, garrison, fort, camp, air base, auxiliary air base, or other place where there are troops on duty, or of a brigade, wing or group.
History —June 23, 1969, No. 62, p. 117, § 808; May 19, 1976, No. 44, p. 117, § 17.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2502 - Who may convene a special court-martial

(a) In the Military Forces of Puerto Rico not in federal service, the commanding officer of a garrison, fort, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, combat group or detached battalion, separate squadron, or other detached command, may convene a special court-martial. Special courts-martial may also be convened by superior authority.
When any such officer is an accuser, the court shall be convened by superior competent authority.
(b) A special court-martial may not try a commissioned officer.
History —June 23, 1969, No. 62, p. 117, § 809, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2503 - Who may convene a summary court-martial

(a) In the Military Forces of Puerto Rico not in federal service, the commanding officer of a garrison, fort, post, camp, auxiliary air base or other place where troops are on duty or of a regiment, wing, group, detached battalion, separate squadron, detached company or other detachment, may convene a summary court-martial.
The proceedings shall be informal.
(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
History —June 23, 1969, No. 62, p. 117, § 810, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2505 - Law officer of a general or special court-martial

(a) The authority convening a general court-martial shall detail, subject to the regulations that the Adjutant General may prescribe, the convening authority of a special court-martial which may detail as law officer thereof a commissioned officer who is a member of the bar of the Supreme Court of Puerto Rico or of a federal court, and who is certified to be qualified for such duty by the Judge Advocate of Puerto Rico and if possible and found available, that he be a judge advocate. No person is eligible to act as law officer in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(b) The law officer shall not consult with the members of the court, except in the presence of the accused, trial counsel and defense counsel, nor may he vote with the members of the court.
History —June 23, 1969, No. 62, p. 117, § 812, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2506 - Detail of trial counsel and defense counsel

(a) For each general and special court-martial the authority convening the court shall detail a trial counsel and defense counsel and such assistants as he may consider appropriate. No person who has acted as investigating officer, law officer, or court member in any case shall, under any circumstances, act later as trial counsel, assistant trial counsel or unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted as trial counsel may act in the same case as defense counsel, nor may any person who has acted as part of the defense later act as trial counsel.
(b) The trial counsel and defense counsel detailed for a general court-martial must be a judge advocate of the Military Forces of Puerto Rico and a member of the bar of the Supreme Court of Puerto Rico or of a federal court and must be certified as competent to perform such duties by the Judge Advocate of Puerto Rico.
(c) In cases of special courts-martial:
(1) The accused shall be given the opportunity to be represented by a defense counsel having the qualifications prescribed under subsection (b) of this section, unless a defense counsel so qualified cannot be obtained on account of physical reasons or military exigencies. In such case, the court may convene and the trial held without the defense counsel, but the convening authority shall make a detailed written statement, to be appended to the record, stating why it has been unable to obtain a defense counsel with such qualifications;
(2) if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified, and
(3) if the trial counsel is a judge advocate, the defense counsel detailed by the convening authority must also be a judge advocate.
History —June 23, 1969, No. 62, p. 117, § 813, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2507 - Detail or employment of reporters or interpreters

Under such regulations as the Governor may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority shall detail or employ interpreters who shall interpret for the court the testimonies of those witnesses not versed in Spanish.
History —June 23, 1969, No. 62, p. 117, § 814, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter V - Appointment and Composition of Courts-Martial (§§ 2501 — 2508) › § 2508 - Absent and additional members

(a) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
(b) Whenever a general court-martial which is not one composed of only one law officer is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the law officer, the accused and the trial counsel and defense counsel.
(c) Whenever a special court-martial which is not one composed of only one law officer is reduced below three members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the law officer, if any, the accused and the trial counsel and defense counsel.
History —June 23, 1969, No. 62, p. 117, § 815, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VI - Pretrial Procedure (§§ 2551 — 2556) › § 2551 - Charges and specifications

(a) Charges and specifications shall be signed by a person subject to this Code under oath before a person authorized by this Code to administer oath and shall state:
(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein, and
(2) that they are true in fact to the best of his knowledge and belief.
(b) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
History —June 23, 1969, No. 62, p. 117, § 900, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VI - Pretrial Procedure (§§ 2551 — 2556) › § 2552 - Compulsory self-incrimination prohibited

(a) No person subject to this Code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
(b) No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
(c) No person subject to this Code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
(d) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.
History —June 23, 1969, No. 62, p. 117, § 901, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VI - Pretrial Procedure (§§ 2551 — 2556) › § 2553 - Investigation

(a) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(b) The accused shall be advised of the charges against him and of his right to be represented at the investigation by counsel when he is cross-examined, to remain silent and to be advised that any statement that he makes may be used against him in a court-martial. Before any cross-examination the accused shall be advised of his right to be represented by counsel. Upon his own request he shall be represented by civilian counsel, if provided by him, or by a military counsel of his own selection if such counsel is available or by military counsel detailed by the Adjutant General. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b) of this section hereof, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand of further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
(d) The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.
History —June 23, 1969, No. 62, p. 117, § 902, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VI - Pretrial Procedure (§§ 2551 — 2556) › § 2554 - Forwarding of charges

When a person is held for trial by general court-martial the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges through proper channels, together with the investigation and allied papers, to the Governor. If that is not practicable, he shall report in writing to the Governor the reasons for delay.
History —June 23, 1969, No. 62, p. 117, § 903, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VI - Pretrial Procedure (§§ 2551 — 2556) › § 2555 - Advice of Judge Advocate of Puerto Rico and reference for trial

(a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the Judge Advocate of Puerto Rico for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this Code and is warranted by evidence indicated in the report of the investigation.
(b) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
History —June 23, 1969, No. 62, p. 117, § 904, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VI - Pretrial Procedure (§§ 2551 — 2556) › § 2556 - Service of charges

(a) The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In times of peace no person may, against his objection, be brought to trial or required to participate on his own or through counsel in a general court-martial convened by a law officer under § 2604 of this title, within a period of less than five (5) days after the service of the charges upon him, or before a special court-martial within a period of less than three (3) days after the service of the charges upon him.
(b) The accused is entitled to be represented in a general or special court-martial by a civilian counsel, if provided by him, or by a military counsel of his own selection if such counsel is reasonably available or by military counsel detailed under § 2506 of this title. If the accused has a counsel of his own selection, the military counsel and the assistant military counsel, if any, shall act if the accused so desires, as his associate counsels; otherwise, the latter shall be excused by the law officer or by the president of a court-martial without law officer.
History —June 23, 1969, No. 62, p. 117, § 905, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2601 - Governor may prescribe rules

Procedures, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the Governor by regulations, which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the Commonwealth of Puerto Rico, but which may not be contrary to or inconsistent with this Code.
History —June 23, 1969, No. 62, p. 117, § 1000, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2602 - Unlawfully influencing action of court

(a) No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, law officer, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this Code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The above provisions shall not apply with regard to:
(1) Instruction or general information courses in military justice, if such courses are for the purpose of instructing members of a command in substantive and processal aspects of courts-martial.
(2) Arguments and instructions given in open court by the law officer, president of a special court-martial or counsel.
(b) In the preparation of a report on effectiveness, capacity or efficiency or any other report or document used in whole or in part for the purpose of determining if a member of the Military Forces of Puerto Rico is qualified to be promoted in grade or in determining the assignment or transfer of a member of the Military Forces of Puerto Rico or in determining if a member of the Military Forces of Puerto Rico must be retained in service, no person subject to this Code may on preparing any of such reports:
(1) Consider or evaluate the performance of duty of any of such members as members of a court-martial, or
(2) render a less favorable classification or evaluation of any member of the Military Forces of Puerto Rico, for the zeal with which said member, as counsel, represented the accused before a court-martial.
History —June 23, 1969, No. 62, p. 117, § 1001, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2603 - Duties of trial counsel and defense counsel

(a) The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth of Puerto Rico, and shall, under the direction of the court, prepare the record of the proceedings.
(b) The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under § 2506 of this title. Should the accused have counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall, if the accused so desires, act as his associate counsel; otherwise, they shall be excused by the law officer or president of a court-martial which lacks a law officer.
(c) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.
(d) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by § 2506 of this title, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(e) An assistant defense counsel of a general court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by § 2506 of this title, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
History —June 23, 1969, No. 62, p. 117, § 1002, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2604 - Sessions

At any time after the service of charges referred for trial in a court-martial composed of a law officer and members, the law officer may, subject to § 2556 of this title, convene the court to session without the presence of its members for the purpose of:
(1) Hearing and taking determinations on motions promoting defenses or determinable objections without subjecting to trial the controversies promoted by a plea of not guilty;
(2) hearing and deposing upon any matter that may be decided by a law officer under this code whether the matter be or not be appropriate for consideration or subsequent decision by members of the court;
(3) holding, if permissible under the regulations promulgated to such effect, the act of the reading of charges and receiving the allegations of the accused, and
(4) carrying out any processal function under this code which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel and trial counsel and shall be a part of the record.
Whenever members of a court-martial deliberate or vote, only the members of the court may be present. All other proceedings, including any other consultation of the members of the court with the counsels or the law officers, shall be made a part of the record and shall be in the presence of the accused, the defense counsel and the trial counsel and in cases where a law officer has been detailed to a court-martial, the law officer.
History —June 23, 1969, No. 62, p. 117, § 1003, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2605 - Continuances

A law officer or a court-martial without a law officer may, for good cause, grant a continuance to any party for such time, and as often, as may appear to be just.
History —June 23, 1969, No. 62, p. 117, § 1004, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2606 - Challenges

[(a)] The law officer and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court.
The law officer or, if there is no law officer, the court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge from more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) Each accused and the trial counsel is entitled to one peremptory challenge, but the law officer may not be challenged except for cause.
History —June 23, 1969, No. 62, p. 117, § 1005, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2607 - Oath

(a) Before fulfilling their respective duties, law officers, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, court reporters and interpreters shall take an oath to perform their duties faithfully. The form of oath, time and place for the taking of same, manner of recording same, and whether the oath is to be taken in all cases in which such functions are to be performed or just in a special case, shall be as the Governor may prescribe by regulations. These regulations may provide that an oath to faithfully perform the duties as law officer, trial officer, assistant trial officer, defense counsel or assistant defense counsel, may be taken at any time by any judge advocate or other person certified as qualified or competent for the post, and such oath if administered shall not be necessary to be administered again when the judge advocate or said other person is detailed for the post.
(b) Each witness before a court-martial shall be examined on oath.
History —June 23, 1969, No. 62, p. 117, § 1006, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2608 - Statute of limitations

[(a)] A person charged with desertion or absence without leave in time of war or with mutiny may be tried and punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense of perjury is not liable to be tried by a court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(c) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under § 2401 of this title, if the offense was committed more than two (2) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
(d) Periods in which the accused was absent from Puerto Rico or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
History —June 23, 1969, No. 62, p. 117, § 1007, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2609 - Former jeopardy

(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
History —June 23, 1969, No. 62, p. 117, § 1008, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2610 - Pleas of the accused

If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
History —June 23, 1969, No. 62, p. 117, § 1009, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2611 - Opportunity to obtain witnesses and other evidence

The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor may prescribe. Subpoenas issued in court-martial cases to compel the appearance and testimony of witnesses and the production of other evidence shall be similar to those as the courts of the Commonwealth of Puerto Rico with criminal jurisdiction may lawfully issue and they shall be valid anywhere in the Commonwealth of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 1010, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2612 - Refusal to appear or testify

(a) Any person not subject to this Code who:
(1) Has been duly subpoenaed to appear as a witness or to produce books and/or records before a court-martial, military commission, court of inquiry or any other court or military board or before any military or civil officer designated to take a deposition to be read in evidence before such court, commission or board;
(2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the Commonwealth of Puerto Rico, and
(3) willfully refuses to appear or refuses to testify as a witness or to produce any evidence in his power, which that person may have been legally subpoenaed to produce,
shall be guilty of an offense against the Commonwealth of Puerto Rico.
(b) Any person guilty of the offense mentioned in subsection (a) of this section, shall be prosecuted before the Court of First Instance of Puerto Rico which court is hereby empowered with jurisdiction over such cases.
If such person is convicted, he shall be punished in the same manner as such offense is punished under the laws of the Commonwealth of Puerto Rico.
History —June 23, 1969, No. 62, p. 117, § 1011, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2613 - Contempt

A military court may punish for contempt any person who uses any menacing word or disrespectful signs or gestures in its presence, or who disturbs its proceedings by any riot or disorder. The penalty shall not exceed thirty (30) days in jail or a fine of one hundred dollars ($100) or both penalties.
History —June 23, 1969, No. 62, p. 117, § 1012, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2614 - Depositions

(a) At any time after charges have been signed, as provided in § 2551 of this title, any party may take oral or written depositions unless the law officer or court-martial without a law officer presiding over the hearing of the case, or if the case is not being tried, the authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred to trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take depositions of any witness.
(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the Commonwealth of Puerto Rico to administer oaths.
(d) A deposition thus taken and authenticated admissible under the rules of evidence applicable in the courts of the Commonwealth of Puerto Rico may be read in evidence before any court-martial or court of inquiry, if it appears:
(1) That the witness resides or is beyond the Commonwealth of Puerto Rico or beyond the distance of one hundred (100) miles from the place of trial or hearing; or
(2) that the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing, or
(3) that the present whereabouts of the witness is unknown.
History —June 23, 1969, No. 62, p. 117, § 1013, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2615 - Admissibility of records of courts of inquiry

(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained, may, if admissible under the rules of evidence applicable in the courts of the Commonwealth of Puerto Rico, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry or a military board.
History —June 23, 1969, No. 62, p. 117, § 1014, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2616 - Voting and rulings

(a) Voting by members of a general or special court-martial on the findings of fact and on the sentence and by members of a special court-martial without a law officer upon questions of challenge shall be by secret written ballot. The junior member of the court shall count the votes, which shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.
(b) The law officer and the president of a court-martial without a law officer shall determine and rule upon questions of law and interlocutory questions, other than challenge, arising during the proceedings. Any such ruling made by the law officer upon a question of law or interlocutory question, except conflict of facts on the mental responsibility of the accused or by the president of a court-martial without a law officer, on any question of law other than a motion for a finding of not guilty shall be final and shall constitute the ruling of the court. However, the law officer or the president of a court-martial without a law officer may change the ruling during the trial. If the ruling is not final, any member of the court may object thereto, and in such a case the court shall be cleared and closed and the question decided by a voice vote behind closed doors as provided in § 2617 of this title, beginning with the junior in rank.
(c) Before deliberations, the law officer or the president of a court-martial without a law officer shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(1) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(2) that if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and therefore he must be acquitted;
(3) that if there is reasonable doubt as to the degree of guilt of the accused, the finding must be in a lower degree as to which there is no reasonable doubt, and
(4) that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the Commonwealth.
(d) Subsections (a), (b), and (c) of this section shall not apply to a court-martial composed of only one law officer. The law officer of such court-martial shall rule upon all questions of law and findings of fact arising during the proceedings and, if the accused is found guilty, it shall impose the corresponding sentence. The law officer of such court-martial must formulate a general determination and must also make determinations of proven facts if so requested. If an opinion or memorandum is filed on the decision, it would be sufficient if the findings of fact are included therein.
History —June 23, 1969, No. 62, p. 117, § 1015, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2617 - Number of votes required

(a) No person may be convicted of an offense, except by the concurrence of two-thirds (⅔) of the members of the court.
(b) All sentences shall be determined by the concurrence of two-thirds of the members of the court.
(c) Any other question to be decided by members of a general or special court-martial shall be determined by a majority vote. But the determination to reconsider a finding of guilt or a sentence with the intention of reducing it, may be made by a minority number of votes which show that the number of votes necessary for such finding or sentence have not been opposed to the reconsideration. A tie vote in a challenge of a member would be equivalent to the disqualification of said member. A tie vote on any other question shall be decided in favor of the accused.
History —June 23, 1969, No. 62, p. 117, § 1016, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2618 - Court to announce sentence

Every court-martial shall announce to the parties its determination and sentence as soon as determined.
History —June 23, 1969, No. 62, p. 117, § 1017, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VII - Trial Procedure (§§ 2601 — 2619) › § 2619 - Record of trial

(a) Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the law officer. If the record cannot be authenticated by the law officer, by reason of his death, disability or absence, it shall then be authenticated by the signature of the trial counsel or of a member of the court if the trial counsel is unable to do so for reasons of his death, disability or absence. In a court-martial of only one law officer, the record shall be authenticated by the court reporter under the same circumstances that such obligations would be imposed on a member of the court under this subsection. Should the proceedings end in the acquittal of all the charges and specifications or, if they do not affect an officer with a rank of general or its equivalent, in a sentence which does not order the discharge and which is not in excess of that which otherwise could be adjudged by a special court-martial, the record shall contain provisions that may be prescribed by the Governor.
(b) Each special or summary court-martial shall keep a separate record of the proceedings of each case. The record shall contain the matters and shall be authenticated as the Governor may prescribe by regulations.
(c) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
History —June 23, 1969, No. 62, p. 117, § 1018, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VIII - Sentences (§§ 2651 — 2655) › § 2651 - Cruel and unusual punishments prohibited

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
History —June 23, 1969, No. 62, p. 117, § 1100, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VIII - Sentences (§§ 2651 — 2655) › § 2652 - Maximum limits

The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.
History —June 23, 1969, No. 62, p. 117, § 1101, eff. 90 days after June 23, 1969.
2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter VIII - Sentences (§§ 2651 — 2655) › § 2653 - Effective date of sentences

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
(b) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the term of confinement.
(c) All other sentences of courts-martial are effective on the dates ordered executed.
(d) On request of an accused sentenced to confinement under the sentence pending execution, the convening authority may at its discretion postpone the execution of the sentence. The postponement shall cease at the time of ordering the execution of the sentence. The postponement may be rescinded by the officer who granted it or by the officer with court-martial jurisdiction over the command to which the accused is assigned.
History —June 23, 1969, No. 62, p. 117, § 1102, eff. 90 days after June 23, 1969.