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) › § 99s - Special Independent Prosecutor’s Panel—Provisions regarding the Special Prosecutor

(1) Every Special Prosecutor shall be an attorney admitted to the practice of the profession by the Supreme Court of Puerto Rico and who is a citizen of the United States and a bona fide citizen and resident of Puerto Rico. The person designated by the Panel as Special Prosecutor shall be of renowned prestige, integrity and moral and professional reputation; furthermore, Provided, That every Special Prosecutor shall have a minimum of six (6) years of experience in the exercise of the legal profession.
(2) The Special Prosecutor’s remuneration shall be fixed by an agreement adopted between him and the Panel.
(3) In the exercise of the authority granted by §§ 99h—99z of this title, every Special Prosecutor shall have, with respect to the matters concerning his commission and jurisdiction, all the powers and faculties of the Department of Justice, the Director of the Bureau of Special Investigations and any other official to whom §§ 99h—99z of this title grants authority to investigate and prosecute violations to the Penal Act.
Every Special Prosecutor shall have the faculty and authority for the following, without it being construed as a limitation:
(a) Request the Panel to contract professional advisory services or services of any other nature without being subject to the bidding process;
(b) Carry out any kind of investigations of individuals, entities and documents related to his jurisdiction or commission, for which he shall have access to the files and records of all the agencies of the Government of the Commonwealth, except to those that are confidential, pursuant to the statutes in force.
(c) Resort to the courts to require that the information denied by any government official or employee or private individuals be surrendered to him, and which may contain any executive privilege plea or any other testimonial privilege.
(d) Provide protection to witnesses summoned by him, and resort to the courts to request orders forbidding any conduct that may affect the peace of said witnesses.
(e) Upon the approval of the Panel, grant witnesses in criminal, civil, or administrative cases the immunity he deems necessary to effectively discharge his duties in accordance with §§ 99h—99aa of this title;
(f) Require the collaboration of agencies so that they provide him with any resource or assistance he deems necessary to effectively comply with his commission.
(g) Inspect, obtain or use the original or copy of any income tax return pursuant to applicable laws and regulations.
(h) Take oaths and statements and require the appearance of witnesses and the production of books, letters, documents, papers, files and all objects needed for a full knowledge of the matters under investigation that are related to his jurisdiction and commission, under admonition of contempt.
(i) Delegate the attorneys or officials under his supervision any faculty or power to investigate and prosecute the criminal actions that are in order within the range of his jurisdiction. The attorneys under his supervision may act as representatives of the Special Prosecutor in those matters that he expressly determines, and for all legal purposes, these delegates shall be recognized as if their duties were being carried out directly by the Special Prosecutor.
(j) Represent the Government of the Commonwealth of Puerto Rico in all those matters under his commission and jurisdiction in which it is a party to, or is interested in, and in the cases that are being appealed or are otherwise before the Supreme Court of Puerto Rico or before the United States courts.
(k) Request the Panel to refer matters related to his commission;
(l) Request the Panel to process the assignment of human resources from other government agencies as are necessary to carry out the type of investigation entrusted.
(4) The Special Prosecutor shall complete the investigation commissioned to him within a term that shall not exceed ninety (90) days, counted from the date that the commission is received; Provided, however, That the Panel may fix a special term in those cases in which it is justified. Whenever the Special Prosecutor deems that it is impossible to adequately complete the investigation in said term due to its nature and complexity, he may request an additional term that shall not exceed ninety (90) days from the Panel, which shall grant it at its discretion.
(5) If the investigation is not completed within an additional ninety (90)-day extension, and if the statute of limitation of the offenses has not elapsed, the Panel, in the exercise of its discretion may direct motu proprio the investigation to be extended within a strict term that shall not exceed thirty (30) days.
(6) The Special Prosecutor shall file the accusations and shall prosecute the corresponding actions within a term that shall not exceed thirty (30) days after the investigation is completed. The Panel may extend this term when it is justified.
(7) Regardless of the disposition set forth in subsection (3) of this section, the Special Independent Prosecutor must have the approval of the Panel to accept or offer any prearranged pleadings. The Special Prosecutor shall request the approval of the Panel in writing, stating the scope and effects of the proposed prearranged pleading. The Panel shall have five (5) calendar days to reply to the request. If not answered within the required term, the request shall be understood as denied. In those cases in which pleadings have been bargained, said Panel certified authorization must appear in the case records at the time of issuing the judgment.
(8) The appointment of a Special Prosecutor shall have the effect of depriving the Secretary of any jurisdiction regarding the investigation.
(9) The Special Prosecutor shall be considered for all purposes of law as a public official with respect to his conduct in the exercise of his duties, responsibilities, and prerogatives pursuant to §§ 99h—99z of this title.
History —Feb. 23, 1988, No. 2, p. 4, § 12; Jan. 3, 2003, No. 40, § 1; Sept. 7, 2005, No. 110, § 1; Jan. 3, 2012, No. 4, § 5.