2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 32 - Cattle Theft Prevention Act (§§ 861 — 867) › § 865 - Authorization to intervene, attach and seize

The Puerto Rico Police, as well as municipal police officers and the inspectors of the Department of Agriculture are hereby authorized to intervene in those cases and with those persons to which § 864 of this title refers and to seize the cattle in possession of such persons, whose legitimate ownership cannot be established at the time of the intervention, as well as the vehicles in which the cattle in question is transported, for the purposes of the corresponding investigation.
Those persons who at the time of the intervention are unable to establish or justify legitimate possession or ownership of the cattle seized pursuant to the regulations issued by the Department of Agriculture shall be summoned to appear on the next working day at the district attorney’s office for the purpose of the corresponding investigation. If it is ascertained through the investigation that the cattle seized was stolen from its legitimate owners or possessors, an order for filing charges against the party or parties intervened shall be issued pursuant to the provisions of this chapter.
Once the sufficiency of merits has been established for ordering the filing of charges, the district attorney shall order the seizure of the vehicles and other devices used for the illegal transportation of the cattle pursuant to the provisions of the “Uniform Seizures Act of 1988”, §§ 1723 et seq. of Title 34, and order the return of the cattle seized to the natural or juridical person(s) who has/have established or justified ownership of the same. Regardless of whether from the investigation conducted no injured party whatsoever has been detected or identified in relation to the acts which motivated the intervention with the person(s) suspected of having violated the provisions of this chapter, if said person(s) is/are unable to justify the legitimate ownership or possession of the cattle seized, the latter shall be put under the custody and care of the Department of Agriculture which shall dispose of the same pursuant to the regulations established for such a purpose. Said regulations shall establish an expeditious, speedy and economic procedure with all legal and constitutional safeguards for auctioning said cattle; Provided, That in all cases whereby cattle, vehicles or any other goods seized pursuant to the provisions of this chapter, are auctioned, the amount from such a sale shall be appropriated to the Department of Agriculture to defray the expenses it may have incurred for the care, custody and preservation of the cattle seized, as well as for financing the infrastructure that may be needed to comply with the provisions of this chapter, pursuant to the regulations promulgated for such a purpose by the Secretary of Agriculture. In those cases in which there is no reason for filing criminal charges against persons suspected of having infringed the provisions of this chapter, pursuant to the above, this in itself shall not constitute a hindrance to administratively prosecuting said persons for violating the regulations that the Secretary of the Agriculture may promulgate pursuant to the provisions of this chapter.
History —Sept. 29, 2004, No. 517, § 6, eff. 120 days after Sept. 29, 2004.