reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 551 - Stenographic transcription

The stenographic transcription shall include the names of the jurors taking part in the investigation, the evidence introduced and the decision of the complaint, and duly certified shall be submitted in full to the court before the indictment is read.
History —June 18, 1919, No. 58, p. 302, § 31, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 552 - Presence of prosecuting attorney

The fiscal may be present during the investigations of the Grand Jury only to offer such evidence as he may have, but in no case shall he be present during their deliberations.
History —June 18, 1919, No. 58, p. 302, § 32, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 553 - Instructions by judge

The judge of the court, on request of the Grand Jury, shall instruct the latter on any pertinent question in the presence of the fiscal.
History —June 18, 1919, No. 58, p. 302, § 33, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 554 - Disclosure of proceedings by juror

Every member of the Grand Jury shall keep secret whatever may have been said during their deliberations and the manner in which he himself or his fellow-jurors may have voted; but may, however, be compelled by any court to disclose the testimony given by a witness before the Grand Jury, in the two (2) cases following:
(1) For the purpose of ascertaining whether such evidence is consistent with that given before the court.
(2) Upon the trial of the witness on a charge of perjury.
History —June 18, 1919, No. 58, p. 302, § 34, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 555 - Immunity of jurors

Every member of the Grand Jury shall enjoy immunity for his statements and votes in any matter legally submitted to their deliberation except for perjury committed in making an accusation or giving testimony to his fellow-jurors.
History —June 18, 1919, No. 58, p. 302, § 35, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 556 - Additional duties of grand jury

It shall be the duty of the Grand Jury:
(a) To inquire into and report to the court the case of every person imprisoned against whom no complaint has been filed within the legal term;
(b) To inquire into the state and condition of the penitentiary and jails and the treatment given to prisoners therein and to report any irregularity to the Secretary of Justice, and to file proper charges against officials guilty of cruelty to prisoners, of negligence or of punishable conduct;
(c) To inquire into and file charges for immoral conduct or negligence in the discharge or his duties against any public official of whatever class or category, within the judicial district.
History —June 18, 1919, No. 58, p. 302, § 36, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 557 - Access to public records; accountants

The Grand Jury shall be entitled to free access to all public records of the Island and of the municipalities thereof and to be furnished certified copies of such records without payment of any fees or compensation whatever. They may also employ expert accountants when their services are necessary, at a rate not to exceed five (5) dollars a day, payable by the People of Puerto Rico.
History —June 18, 1919, No. 58, p. 302, § 37, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 558 - Other powers of grand jury

The Grand Jury shall be entitled:
(a) To inquire into the management of Commonwealth public funds and funds of the municipalities and school boards within the judicial district.
(b) To inquire into the management and operation of public charitable and educational institutions.
(c) To look after the enforcement of the laws providing compensation for accidents to laborers, relative to the work of women and children, and for the protection of infants.
Where, as a result of any investigation made by the Grand Jury, it appears that the People of Puerto Rico is entitled to any sum, the Grand Jury shall make a report on the subject to the Governor of Puerto Rico, recommending the filing of a proper action to recover the amounts due.
History —June 18, 1919, No. 58, p. 302, § 38, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 559 - Effect of dismissal of charge

The dismissal of any charge by the Grand Jury shall bar the submission of the same charge to another Grand Jury, except by order of the court.
History —June 18, 1919, No. 58, p. 302, § 39, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 560 - Names of witnesses

The names of the witnesses examined before the Grand Jury, or whose depositions have been read before them, shall be inserted at the foot of the indictment or endorsed thereon before it is presented to the court.
History —June 18, 1919, No. 58, p. 302, § 40, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 561 - Contents of indictment

The Grand Jury’s indictment shall contain:
(1) The title of the action, specifying the name of the court to which the same is presented and the names of the parties.
(2) A statement in simple and concise language of the acts or omissions constituting the offense, and made in such manner as to enable a person of common understanding to know what is intended.
History —June 18, 1919, No. 58, p. 302, § 41, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 562 - Form of indictment

The said indictment shall be substantially as follows:
THE PEOPLE OF PUERTO RICO vs. A. B. In the Court of First Instance of....., Puerto Rico. Day.................. By this indictment the Grand Jury of.........., accuses A. B. of the crime of....... (giving its legal appellation such as murder, arson, manslaughter, or the like, or designating it as a felony), committed as follows: The said A.B., on the............ day of... A.D. 19....., in..............(here set forth the act of omission charged as an offense). Prosecuting Attorney
History —June 18, 1919, No. 58, p. 302, § 42, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 563 - Name of defendant

When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it shall be inserted in subsequent proceedings, but reference shall be made to the fact that he has been charged by the name mentioned in the indictment.
History —June 18, 1919, No. 58, p. 302, § 43, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 564 - Statement of time of offense

The precise time at which the offense was committed need not be stated in the indictment, but such offense may be alleged to have been committed at any time before the finding thereof, except where the time is an essential factor in the offense.
History —June 18, 1919, No. 58, p. 302, § 44, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 565 - Single offense; separate counts

The indictment must charge but one offense, but the offense may be charged in separate counts alleging that the said offense was committed in a different manner or by different means, and when the offense may be committed by the use of different means, the means may be alleged alternatively in the same count.
History —June 18, 1919, No. 58, p. 302, § 45, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 566 - Erroneous allegation as to person injured

When an offense involves the commission of or an attempt to commit a private injury and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured shall not affect the indictment.
History —June 18, 1919, No. 58, p. 302, § 46, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 567 - Sufficiency of indictment

The indictment is sufficient if it can be understood therefrom:
(1) That it is entitled in a court having authority to receive it, though the name of the court be not stated.
(2) That it was found by a Grand Jury of the judicial district in which the court was held.
(3) That the defendant is named, or, if his name cannot be discovered, that he is described by a fictitious name, with the statement that his true name is unknown.
(4) That the offense, or a part thereof, was committed at some place within the jurisdiction of the court, except where the act, though done without the jurisdictional district, is triable therein.
(5) That the offense was committed at some time prior to the date of the indictment.
(6) That the act or omission charged as the offense is clearly and distinct set forth in ordinary and concise language and in such manner as to enable a person of common understanding to know what is intended.
(7) That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to law.
History —June 18, 1919, No. 58, p. 302, § 47, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 568 - Defects of form

No indictment is insufficient nor can the trial judgment, or other proceeding on such indictment be affected by reason of any defect or imperfection of form which does not tend to prejudice the substantial rights of the defendant.
History —June 18, 1919, No. 58, p. 302, § 48, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 569 - Presumptions of law; judicial notice

Neither presumption of law nor matters of which judicial notice is taken need be stated in an indictment.
History —June 18, 1919, No. 58, p. 302, § 49, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 570 - Allegation of previous conviction

In an indictment charging the fact of a previous conviction of a public offense, or of an attempt to commit a public offense, it is sufficient to state “that the defendant, before the commission of the offense charged in this indictment, was sentenced for the offense of
_________ (giving the name of the offense) in _________ (giving the name of the court by which he was sentenced).”
History —June 18, 1919, No. 58, p. 302, § 50, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 571 - Several defendants

When an accusation is made against several defendants, an indictment may be found against some of them and not against others.
History —June 18, 1919, No. 58, p. 302, § 51, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 572 - Grounds for setting aside indictment

The indictment must be set aside by the court upon motion of the defendant made at the time of the reading of the indictment, in any of the following cases:
(1) Where it is not found, indorsed or presented as prescribed in this chapter:
(2) When a person has been permitted to be present during the deliberations of the Grand Jury in the case under consideration, except as otherwise provided by this chapter.
(3) When the defendant has good ground for challenge either to the panel or any individual juror and has not been summoned for the drawing of the jury in the manner and at the time provided by this chapter.
(4) When the names of the witnesses examined before the Grand Jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment or indorsed thereon.
History —June 18, 1991, No. 58, p. 302, § 52, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 573 - Waiver of objections

If the motion to set aside the indictment is not made, the defendant is precluded from afterwards taking the objections mentioned in § 572 of this title, and no objection of any kind whatsoever to the panel or to an individual grand juror either by challenge, motion to quash, or otherwise, shall be considered by the court after the impanelling of the petit jury.
History —June 18, 1919, No. 58, p. 302, § 53, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 574 - Hearing and decision of motion to set aside indictment

The provision of §§ 147, 148 and 149 of the Code of Criminal Procedure shall be applicable to all proceedings had before or after a motion to set aside an indictment.
History —June 18, 1919, No. 58, p. 302, § 54, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 575 - Grand juror not to serve as petit juror

No grand juror who has taken part in the deliberations as to a charge against a person accused of the commission of an offense shall thereafter serve as a petit juror on the trial of such person for the commission of the same offense.
History —June 18, 1919, No. 58, p. 302, § 55, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 576 - “Juror” or “jurors”, defined for penal code

The word “juror” or “jurors,” as used in Title 33, the Penal Code of Puerto Rico, shall include the members of the Grand and of the Petit Jury.
History —June 18, 1919, No. 58, p. 302, § 56, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART III - Pleadings and Proceedings After Information Filed and Before Commencement of Trial (§§ 291 — 577) › Chapter 33 - Grand Jury (§§ 521 — 577) › § 577 - Procedure after filing of indictment

An indictment having been filed with the court by the Grand Jury, the same procedure as in the case of an information by the prosecuting attorney, shall be followed subsequently as far as possible.
History —June 18, 1919, No. 58, p. 302, § 57, eff. 90 days after June 18, 1919.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 39 - The Jury (§§ 611 — 640) › § 636 - Summoning of additional jurors if list is exhausted

Should a jury not be obtained for the trial of a cause from all the jurors selected by the commissioners, the court may proceed forthwith and supply a sufficient number of juror for the trial of said cause. The court shall direct the marshal to summon a sufficient number of qualified persons as such jurors until such jury for the trial of said cause is completed.
History —Mar. 10, 1904, p. 127, § 9, eff. July 1, 1904.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 39 - The Jury (§§ 611 — 640) › § 637 - Summoning of additional jurors if list is exhausted—Oath of marshal

Whenever it may be necessary to summon jurors who have not been selected by the jury commissioners, the court shall administer to the marshal and his deputies the following oath: “You do solemnly swear that you will, to the best of your ability, and without bias of prejudice towards any party, summon such jurors as may be ordered by the court; that you will select more but impartial, suitable and sober men, having the qualifications of jurors under the law; that you will not, directly or indirectly, converse or communicate with any juryman touching any case pending for trial; that you will not by any means attempt to influence, advise or control any juryman in his opinion of any case which may be tried by him, so help you God.”
History —Mar. 10, 1904, p. 127, § 10, eff. July 1, 1904.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 39 - The Jury (§§ 611 — 640) › § 639 - Penalty for failure of juror to appear

If any person summoned to appear as trial juror fails, refuses, or neglects to appear he shall be considered guilty of contempt of court and may be fined by the court in any sum not less than five (5) dollars nor more than twenty-five (25) dollars; and if any person, when second order or attachment is issued, neglects or refuses to appear, he may be fined as above provided and imprisonmed by the court not longer than ten (10) days in jail.
History —Code Crim. Proc., 1935, § 205.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 43 - The Trial (§§ 711 — 752) › § 752 - Fees for witnesses and jurors

The Chief Justice of the Supreme Court of Puerto Rico is hereby authorized, upon consideration of the amounts available in the budget, and other essential factors, to promulgate regulations to fix the types of honorariums, including per diems and mileage, for the witnesses and jurors that appear before the courts of justice in Puerto Rico. Provided, That said honorariums shall not be less than twenty dollars ($20) for each day of service; and that a minimum of twenty-five dollars ($25) for each day of appearance shall be provided for citizens who reside in the municipalities of Vieques and Culebra.
History —May 10, 1947, No. 338, p. 580, § 1; June 9, 1969, No. 31, p. 47, § 2; Jan. 10, 1999, No. 33, § 1, retroactive to Jan. 1, 1999.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 45 - Conduct of Jury After Submission of Cause (§§ 781 — 783-788) › § 781 - Room for jury

A room must be provided for the use of the jury, upon their retirement for deliberation, with suitable furniture, lights and stationery.
History —Code Crim. Proc., 1935, § 272.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IV - Proceedings After the Commencement of Trial and Before Judgment (§§ 611 — 911) › Chapter 45 - Conduct of Jury After Submission of Cause (§§ 781 — 783-788) › § 782 - Food and lodging

While the jury are kept together either during the progress of the trial or after their retirement for deliberation, they must be provided with suitable and sufficient food and lodging by the court officer.
History —Code Crim. Proc., 1935, § 273.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 59 - Judgment (§§ 951 — 970) › § 969 - Entry of judgment of conviction; record of action

When judgment upon a conviction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction (if one) and must, within five (5) days, annex together and file the following papers, which will constitute a record of the action:
(1) The information, and copy of the minutes of the plea or demurer;
(2) a copy of the minutes of the trial;
(3) all the charges given by the court to the jury and those requested by the parties, and the endorsement thereon, and
(4) a copy of the judgment.
The court clerks shall remit, within five (5) days following the date on which the judgment is to be final and firm, a certified copy of the judgment in the criminal charges concerning the adulteration of milk, §§ 791-795 of Title 24, to the Secretary of Health, the Administrator of the Milk Industry and the Secretary of Agriculture.
History —Code Crim. Proc., 1935, § 326; Apr. 10, 1979, No. 35, p. 87, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 59 - Judgment (§§ 951 — 970) › § 970 - Disposition of fines, penalties, and costs in criminal cases

All fines and penalties, and all costs in criminal cases, imposed and collected by any court of Puerto Rico shall be deposited in the General Fund of the Government, but fifty percent (50%) thereof shall be credited to the fund of the University of Puerto Rico. The payment of fines or penalties shall be made electronically or by other method or instrument adopted by the Chief Justice of the Supreme Court in coordination with the Secretary of the Treasury.
History —Apr. 8, 1916, No. 11, p. 45, § 2; July 30, 2009, No. 47, § 18, eff. July 1, 2010.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 61 - Execution (§§ 991 — 995) › § 995 - Death penalty abolished

The death penalty is hereby definitively abolished in Puerto Rico.
History —Apr. 26, 1929, No. 42, p. 232, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1026 - Probation system—Establishment in courts

There is hereby established a system of probation in the courts of Puerto Rico.
History —Apr. 3, 1946, No. 259, p. 534, § 1; May 4, 1949, No. 177, p. 556, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1027a - Probation system—Additional conditions

The trial court, in all cases in which it directs that the person who is sentenced is to be released on probation, shall impose and state in writing, as part of the condition of probation, the commitment of the parolee not to engage in criminal conduct nor relate to persons known for their participation in illegal activities, while he is enjoying the benefits granted by §§ 1026—1029 of this title.
As a condition for probation, the person sentenced shall have satisfied the special penalty to the Victim’s Fund provided in the Penal Code of the Commonwealth of Puerto Rico, shall consent to submit to a regular program for the detection of controlled substances through reliable tests that allow for his/her orientation, treatment and rehabilitation, to the taking of a sample for DNA analysis, if required by law, and shall also register his/her name, address and other personal information in the Registry of Persons Convicted for Violent Sexual Crimes and Child Abuse created by law in the Criminal Justice Information System or in the Registry of Persons Convicted for Corruption when convicted for a crime of those listed therein.
The sentenced person shall consent, besides, to have his[/her] probation revoked in absentia in cases where said person has left the jurisdiction or domicile thereof is unknown for having moved without informing the probation officer.
Furthermore, the person on probation, as a condition therefor, shall consent, if accused of committing a felony, to having the initial summary hearing provided by § 1029 of this title held jointly with the hearing to determine probable cause. The determination of probable cause for the commission of a new crime is sufficient cause to provisionally revoke the benefits of probation at that time.
History —Apr. 3, 1946, No. 259, p. 534, added as § 2A on May 29, 1986, No. 31, p. 77, § 1; June 19, 1987, No. 35, p. 116, § 1; Dec. 8, 1990, No. 29, p. 1527, § 1; July 1, 1997, No. 28, § 12; July 29, 1998, No. 183, § 21; Aug. 25, 2000, No. 195, § 11; Sept. 9, 2004, No. 266, § 13; Sept. 23, 2004, No. 479, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1028 - Probation system—Duration of probation; disciplinary regime and treatment plan

The duration of the probation period referred to in §§ 1026-1029 of this title shall be the same as the duration of the term fixed in the sentence. During the probation period the Corrections Administration shall exercise the degree of supervision it may consider necessary to accomplish the rehabilitation of the person and to protect the community. Any person placed on probation shall be submitted to a disciplinary regime of life and to a treatment plan, whose duration and conditions shall remain at the discretion of the Corrections Administration, according to the specific behavior problem presented by the person on probation.
The Corrections Administration, upon consulting with the Institute of Forensic Sciences, shall adopt the needed regulations and shall establish the testing procedures to detect controlled substances for all persons on probation. Their refusal to submit to the test program or to the rehabilitation treatment designed by the Corrections Administration shall be sufficient grounds for the trial court to revoke probations of §§ 1026-1029 of this title.
History —Apr. 3, 1946, No. 259, p. 534, § 3; § 1; July 22, 1974, No. 119, Part 1, p. 548, § 2; June 4, 1980, No. 105, p. 342, § 2; June 19, 1987, No. 35, p. 116, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1030 - Suspended sentence in misdemeanor cases when defendant is under 16 or over 60

Judges at the time of passing sentence, may suspend the execution of such sentences as they may impose in cases of midemeanor when the defendant is under sixteen (16) years of age or over sixty (60), provided the defendant shall not have been previously convicted of any crime.
History —Mar. 12, 1914, No. 19, p. 151, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1031 - Suspended sentence in misdemeanor cases when defendant is under 16 or over 60—Conditions; conviction of new crime

During the term of any sentence which has been suspended, the defendant shall remain subject to the control of the court in which the sentence was imposed, and the judge of such court shall have authority to prescribe the conditions for the suspension of the sentence and when satisfied of the misbehavior of the defendant, to order his commitment for the unexpired term of his sentence.
Whenever a person, the execution of whose sentence has been suspended by virtue of the provisions of § 1030 of this title, is afterwards convicted of a new crime, the suspension of the first shall be null and he shall serve all or such part of it as he has not already served in addition to such sentence as may be imposed at the time of such second conviction.
History —Mar. 12, 1914, No. 19, p. 151, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1039 - Time served before suspension of sentence

The time that a person may have been deprived of his liberty under a sentence which is subsequently suspended, shall be fully deducted from the prison term that said person must serve in case he has to resume the serving of said sentence.
History —Apr. 10, 1946, No. 293, p. 752, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1040 - Time served before suspension of sentence—Application to concurrent and consecutive sentences

Neither all nor part of the time to be deducted according to the provisions of §§ 1039-1041 of this title shall be deducted from two or more prison terms at the same time, that is, concurrently. If, after covering a prison term by deducting part of the time that a person may have been deprived of his liberty, as provided in the foregoing sections, any portion of said time is left, the excess shall be deducted from the prison term which said person must serve under another consecutive sentence, and so forth, as the case may be.
History —Apr. 10, 1946, No. 293, p. 752, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1041 - Time served before suspension of sentence—Preference of deductions

The deductions mentioned in §§ 1039-1041 of this title shall be made by the proper penal authorities with preference over any other reductions or deductions authorized by other laws, except where it is otherwise provided in said laws.
History —Apr. 10, 1946, No. 293, p. 752, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1042 - Suspended sentences in felony cases and certain cases of misdemeanor when defendant is under 21 years old

The Judges of the Court of First Instance of Puerto Rico are hereby authorized, in the exercise of their discretion, to grant suspended sentences in any felony case, except murder in the first degree, when the use or the attempted use of a firearm is involved in the commission or the attempted commission of a felony, or in violation of the provisions of § 2411(a) of Title 24, part of the Controlled Substances Act of Puerto Rico, and in any misdemeanor arising from acts involved in the felony and not excluded from the benefits of this section, including the case in which the person has been found not guilty of the felony, but guilty of acts involved therein which constitute a misdemeanor, if the person convicted was under 21 years of age on the date the crime was committed.
History —June 29, 1955, No. 103, p. 548, § 2; June 27, 1958, No. 133, p. 325, § 2; July 27, 1993, No. 33, § 2; Jan. 17, 1995, No. 6, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1043 - Suspended sentences in felony cases and certain cases of misdemeanor when defendant is under 21 years old—Pending cases

The provisions of § 1042 of this title and this section shall moreover be applicable in their effects to all cases pending judgment and all minors already sentenced on the date of the approval of this act if the said cases meet the requirements herein established and if the said minors have not reached 21 years of age.
History —June 29, 1955, No. 103, p. 548, § 3, eff. July 1, 1955.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART V - Judgment and Execution (§§ 951 — 1044) › Chapter 63 - Form and Effect of Sentence (§§ 1021 — 1044) › § 1044 - Fixed sentence system on sentence of imprisonment

The fixed sentence system is hereby established in Puerto Rico. When the court orders a sentence of imprisonment, it shall hand down a fixed sentence with a specific term of duration. In felony cases a fixed term established by law shall be imposed for the crime committed. Should there be extenuating or aggravating circumstances, the court must increase or decrease the established fixed sentence within the limits established by law for the crime. In these cases the prison term to be imposed shall also be fixed.
History —June 4, 1980, No. 100, p. 278, § 1, eff. 9 months after June 4, 1980.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VI - Appeals to Supreme Court (§§ 1071 — 1172) › Chapter 73 - Judgment Upon Appeal (§§ 1171 — 1172) › § 1171 - Errors not affecting rights or not excepted to; fundamental errors

Whenever it appears from the record in any criminal case upon appeal in the Supreme Court, that any requirement of the law has been disregarded by the trial court, the judgment shall not be reversed, unless the error appearing from the record was calculated to injure the rights of either of the parties, and was duly excepted to in the trial court; Provided, however, That the appellate court may take cognizance of fundamental errors, appearing in the record, although not excepted to, and render such judgment thereon as the facts and the law may require.
History —May 30, 1904, p. 10, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1465 - Penalty for disobedience of a subpoena or refusal to testify

Disobedience of a subpoena, or a refusal to be sworn, or to testify as a witness, may be punished by the court as a crime of contumacy or contempt. Any witness who disobeys a subpoena issued by petition of the defendant, unless he shows good cause for failing to appear, is liable to the defendant for the sum of one hundred (100) dollars, which may be recovered through a civil suit.
History —Code Crime. Proc., 1935, § 411; Jan. 5, 2000, No. 18, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1471 - Attendance of witnesses—Summoning witnesses in Puerto Rico to testify in another territory or state

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in criminal prosecutions in Puerto Rico, certifies under the seal of such court that there is a criminal prosecution for a felony pending in such court, that a person being within this Commonwealth is a material witness in such prosecution, and that his presence will be required for a specified number of days, upon receipt of such certificate, the judge of the part of the Court of First Instance in which such person is, shall fix a time and place for a hearing and shall notify the witness of such time and place.
If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the said witness to be compelled to attend and testify in the prosecution in the other state or territory, that the witness will not be compelled to travel more than two thousand (2,000) miles to reach the place of trial by the ordinary routes of travel, and that the laws of the state in which the prosecution is pending and those of any other state through which the witness may be required to pass by the ordinary route of travel will give him protection from arrest and from the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, at a time and place specified in the summons.
If the witness, who is summoned as above provided, after being paid, or tendered payment, by some properly authorized person, the sum of ten (10) cents a mile for each mile traveled by the ordinary routes to and from the court where the prosecution is pending, and five (5) dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued by the Court of First Instance in Puerto Rico.
History —May 13, 1934, No. 60, p. 416, § 1, eff. 90 days after May 13, 1934.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1472 - Attendance of witnesses—Witnesses from another state or territory summoned to testify in Puerto Rico

If a person in any state which, by its laws, has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in Puerto Rico is a material witness in a prosecution for felony pending in the Court of First Instance of Puerto Rico, the judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the country in which the witness is found.
If the witness is summoned to attend and testify in criminal prosecution in this Commonwealth, he shall be paid the sum of ten (10) cents a mile for each mile traveled by the ordinary routes to and from the court, and five (5) dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in Puerto Rico for a longer period of time than the period mentioned in the certificate.
History —May 13, 1934, No. 60, p. 416, § 2, eff. 90 days after May 13, 1934.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1473 - Attendance of witnesses—Exemption from arrest and service of process

If a person comes to Puerto Rico in obedience to a summons directing him to attend and testify in a criminal prosecution in this Commonwealth, he shall not, while in this Commonwealth pursuant to such summons, be subject to arrest or to the service of process, civil or criminal, in connection with matters which arose before his entrance into this commonwealth under the summons.
If a person passes through this Commonwealth while going to another state or territory in obedience to a summons to attend and testify in that state or territory, or while returning therefrom, he shall not, while so passing through this Commonwealth, be subject to arrest or to the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.
History —May 13, 1934, No. 60, p. 416, § 3, eff. 90 days after May 13, 1934.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1474 - Attendance of witnesses—Uniformity of interpretation

Sections 1471-1475 of this title shall be interpreted with regard to their general purpose to make uniform the law of the states which enact and promulgate them.
History —May 13, 1934, No. 60, p. 416, § 4, eff. 90 days after May 13, 1934.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475 - Attendance of witnesses—Short title

Sections 1471-1475 of this title shall be known as “Uniform act to secure the attendance of witnesses within or from without the Commonwealth in criminal cases”.
History —May 13, 1934, No. 60, p.416, § 5, eff. 90 days after May 13, 1934.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475a - Prisoners as witnesses within or without Puerto Rico in criminal cases—Hearing on certificate from another state or territory

If a judge of a court of record in a state or territory whose laws authorize the summoning of witnesses confined in penal and correctional institutions within the state to appear before the courts of Puerto Rico, certifies that there is a criminal case pending before such court or before a grand jury, and that an inmate of a penal or correctional institution of Puerto Rico is a material witness in said case whose presence is required during a certain period of time, the superior judge of the court part in whose territory the inmate is shall, upon receipt of such a certificate and after giving notice to the Secretary of Justice, set a date and place for a hearing and order the person in charge of the inmate to have the latter appear at the hearing.
History —June 14, 1957, No. 57, p. 134, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475b - Prisoners as witnesses within or without Puerto Rico in criminal cases—Order by superior judge; conditions

If at such hearing the judge finds that the inmate is a material witness in the summoning jurisdiction, he shall issue an order for the inmate to appear before the court where the criminal case is being tried, all subject to such conditions as the judge may impose, including, among others, provisions for the return of the inmate after giving testimony, for the proper custody of the inmate, and for the refund, by the summoning jurisdiction, of the expenses incurred in the return trip of the inmate.
History —June 14, 1957, No. 57, p. 134, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1475c - Prisoners as witnesses within or without Puerto Rico in criminal cases—Agreements by Secretary of Justice with other jurisdictions

The Secretary of Justice is hereby empowered to act on behalf of the Commonwealth of Puerto Rico in the making of agreements with the authorities of the summoning jurisdiction, whenever he may see fit, for proper compliance with the orders of the Court of First Instance, and shall forward a copy thereof to the House of Representatives and the Senate of Puerto Rico within thirty (30) days after such agreements are entered into.
History —June 14, 1957, No. 57, p. 134, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1476 - Compelling production of evidence; immunity from prosecution—Duty of witness to testify and produce evidence

Any person summoned as a witness by any prosecuting attorney or magistrate shall be bound to appear and testify or produce books, records, correspondence, documents, or other evidence required of him in any criminal investigation, proceeding, or process.
History —Mar. 18, 1954, No. 3, p. 108, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 99 - Compelling Attendance of Witnesses (§§ 1461 — 1479) › § 1477 - Compelling production of evidence; immunity from prosecution—Claim of privilege against self-incrimination; order to answer

If, having appeared, such person refuses to answer any question or to produce the evidence required alleging that it might incriminate him, the magistrate shall, motu proprio or at the request of the prosecuting attorney, make a record of the proceedings, and after hearing and setting forth on the record the allegation of the witness, he shall order him to answer the question or produce the evidence required, and such person shall be under obligation to comply with said order.
History —Mar. 18, 1954, No. 3, p. 108, § 2.