2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 52 - Prohibition and Inability to Hold Public Office (§§ 1491 — 1494) › § 1491 - Prohibition

(a) It is hereby prohibited for any person to seek or hold any elective office and in the cases provided below, to hold any public service position or office if convicted in the jurisdiction of the Commonwealth of Puerto Rico, the federal jurisdiction or that of any of the states of the United States of America of any of the following crimes and that have been committed in the performance of a public office:
(1) Felonious misappropriation;
(2) extortion;
(3) sabotage of essential public utilities;
(4) misuse of public works or service by an official;
(5) undue intervention in the contracting or bidding processes or in government operations;
(6) bribery;
(7) bribery (felonious);
(8) bribery of a witness;
(9) offer to bribe;
(10) undue influence;
(11) forgery of documents;
The crimes mentioned above are stipulated in Sections 166, 175, 182, 201, 202A, 209, 210, 211, 212, 213, and 271, respectively, of the Puerto Rico Penal Code, as amended.
(b) When the conviction is due to the commission of any of the crimes listed below, the prohibition provided in this chapter shall be for a term of twenty (20) years as of the date of the conviction and when the crimes have been committed in the performance of a public office:
(1) [Aggravated] damages;
(2) negotiations incompatible with the discharge of a public office;
(3) withholding of documents that should be delivered to the successor;
(4) destruction or mutilation of documents by public officials;
(5) filing of classified documents;
(6) crimes against public funds;
(7) illegal possession of tax receipts;
(8) preparation of false documents;
(9) presentation of false documents;
(10) possession and transfer of forged documents;
(11) forgery of entries in registers;
(12) forgery of stamps;
(13) forgery of licenses, certificates and other documents, or
(14) possession of instruments used for forgery.
The crimes mentioned above are stipulated in Sections 180, 202, 204, 205, 208, 216, 221, 241, 242, 272, 273, 274, 275, and 276, respectively, of the Puerto Rico Penal Code, as amended.
(c) When the conviction is due to the commission of any of the crimes listed below, the prohibition provided in this chapter shall be for the term of eight (8) years as of the date of the conviction.
(1) Construction fraud;
(2) fraudulent delivery of things;
(3) illegal enrichment of a public official;
(4) purchase by the collector of assets sold to pay taxes;
(5) illegal sale of assets.
The crimes mentioned above are stipulated in Sections 188, 189, 200, 207, 222, and 223, respectively, of the Puerto Rico Penal Code, as amended.
A public office shall be construed to be any job, employment, post, position or function in the public service, whether salaried or gratuitous, permanent or temporary by virtue of any type of appointment, contract or designation to the Legislative, Executive or Judicial Branch of the Government of the Commonwealth of Puerto Rico, or any of its agencies, departments, subdivisions, instrumentalities, public corporations or municipalities. Provided, That said prohibition or disqualification to seek elective office or hold employment or a position in the public service, shall also apply to those persons who, though they were not public officials when they committed such crimes, they were convicted as co-authors with public officials in the commission thereof.
History —Aug. 5, 1993, No. 50, § 1; Aug. 21, 2004, No. 224, § 1.