2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 12 - Investigation, Prosecution and Appeal Commission (§§ 171 — 185) › § 172 - Commission—Functions

The Commission shall have the following functions:
(1) In the case of an accusation of misuse or abuse of authority of any Commonwealth or municipal law enforcement officer, internal revenue officer or any other official of the Executive Branch authorized to make arrests, if the authority empowered to penalize said public officer has failed to do so, the Commission on petition of the Governor or a mayor, on its own initiative or on the request of any citizen, or by referral of the authority empowered to penalize when the latter loses jurisdiction in those cases in which the terms indicated in this chapter apply, may investigate, and if deemed necessary, shall formally begin any proceeding leading to the imposition of any disciplinary measure or sanction that the said authority empowered to penalize might have imposed on the officer through the preferment of specific charges against the public officer concerned within the maximum term of six (6) months from and after the date understood as that on which the authority empowered to penalize said officer failed to do so.
It shall be understood that there has been a misuse or abuse of authority when any officer of those comprised in the first paragraph of this section incurs in any of the following acts, among others:
(a) Illegal or unreasonable arrests or detentions;
(b) illegal or unreasonable searches and seizures;
(c) unjustified or excessive assault and battery;
(d) discrimination for political or religious reasons, socioeconomic conditions or for any other reasons not applicable to every person in general;
(e) undue delay in conducting before a magistrate a person arrested or detained;
(f) unjustified use of violence, physical or psychologic coercion, undue intimidation or prolongation upon or on a person arrested or detained for investigation purposes;
(g) refusal of the officer to permit a person involuntarily arrested or detained to communicate with his closest relative or his attorney;
(h) wiretapping, recording or any other violation by means of physical, chemical or electronic devices of private communications;
(i) to incite a person to commit an offense in those cases in which, if said incitement had not existed, said person would not have committed or would not have intended to commit the offense;
(j) malicious persecution;
(k) slander, libel or defamation;
(l) misrepresentation or [deception];
(m) use of false evidence which links a person to an offense;
(n) to begin or continue an ostensible, notorious and intense vigilance or investigation of a person, when due to these characteristics it loses its effectiveness as a prudent and discreet police investigation mechanism, or
(o) to illegally or unreasonably obstruct, hinder or interrupt the lawful and peaceful exercise of freedom of speech, press, assembly and the freedom of petition in thoroughfares or public places.
For the purposes of the provisions in the first paragraph of this section, it shall be understood that the authority empowered to penalize a public officer has not done so if said authority affirmatively determines that it exonerates said officer, or if after making a charge or complaint against a public officer or if after the occurrence of the acts which might have given rise to such charge or complaint, one hundred twenty (120) days elapse without the authority empowered to penalize having imposed disciplinary measures or exonerated said public officer. After the lapse of the said one hundred (120) days, the power to penalize said officer shall exclusively pertain to the Commission. However, on petition of the authority empowered to penalize, the Commission shall grant additional extensions for terms of thirty (30) days each, provided said extensions are requested before the expiration of the original term of one hundred twenty (120) days or of the extension granted, and it is established that there is a good reason therefor. Provided, That said term of one hundred twenty (120) days exclusively applies to cases where there has been misuse or abuse of authority.
(2) It shall act as an appellate entity with exclusive jurisdiction to hear and resolve appeals filed by public officers covered by this chapter when the chief or director of the body or dependency in question has imposed any disciplinary measure in connection with the acts covered by this chapter, or with slight faults in which an admonishment or suspension from employment and pay has been imposed, or serious faults in the case of members of the Commonwealth or Municipal Police, or from other agencies with similar regulations. It may also hear appeals presented by any citizen who is not satisfied with the decision of said officer.
Both the defendant officer and the plaintiff citizen who filed a formal complaint before an authority empowered to sanction shall have a term of thirty (30) days to appeal before the Commission, as of the notice of the decision of the issuing authority.
After holding the corresponding hearing, pursuant to the provisions of subsection (3) of § 173 of this title, the Commission may confirm, revoke, or modify the ruling or action appealed, or may impose any sanction that the authority empowered to sanction may have imposed. Notwithstanding the above, the Commission may modify its ruling in order to increase or aggravate a sanction only when, from an analysis of the record or the presentation of evidence before such entity or both, it arises that the chief or director of the dependency has imposed a punishment that, reasonably, does not fit the facts that gave rise to the complaint that has been presented.
(3) It shall make recommendations to the Governor and to the Legislature on amendments or new legislation it may deem necessary or proper to attain the most effective enforcement of the laws and the maintenance of public order in the Commonwealth of Puerto Rico, as well as the best operation of the entities and dependencies of the Government which are in charge of enforcing the law and maintaining public order and to protect the life and properties of the citizens.
(4) It shall render an annual report to the Governor and to the Legislature on August 31 of each year in which there shall be included the recommendations deemed necessary by the Commission. The Commission shall also render such special reports which it might deem convenient and those that the Governor may request.
History —May 22, 1972, No. 32, p. 60, § 2; Apr. 15, 1976, No. 22, p. 56; July 16, 1992, No. 23, § 1; Aug. 30, 2000, No. 238, § 1; Oct. 23, 2006, No. 230, § 1.