reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4656 - Exercise of right or performance of duty

Any person who acts in the performance of a legal duty or in the lawful exercise of a right, authority or office shall not be held liable.
History —June 18, 2004, No. 149, § 28, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4657 - Obedience to superior orders

Any person who acts by reason of hierarchical obedience in the discharge of public office shall not be held liable, provided that the order lies within the authority of a superior with respect to the subordinate, does not seem unlawful, and the subordinate is compelled to obey it.
History —June 18, 2004, No. 149, § 29, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4658 - Error

Any person who commits an act in response to an essential error that excludes intent and negligence shall not be held liable.
If the error is due to imprudence and it is expressly punished by law, said person shall be liable due to negligence.
If the error falls under aggravating circumstances or a circumstance that warrants a more serious modality of the crime, it shall prevent the imposition of the highest punishment.
History —June 18, 2004, No. 149, § 30, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4659 - Entrapment

Any person who commits an criminal act, the intent of which is induced into his/her mind by scheme, persuasion or fraud by a public officer or a private person acting in collaboration with the public officer, shall not be held liable.
This liability exception cause shall not benefit the coauthor unaware of the deceitful inducement of the public officer or the person collaborating with the latter.
History —June 18, 2004, No. 149, § 31, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4660 - Intimidation or violence

Any person who, at the time of the commission of the act constituting the crime, did so compelled by intimidation or violence shall not be held liable:
(a) Under threat of serious and imminent danger, provided that there is rational proportionality between the damage caused and the actual threat;
(b) under an overpowering physical force, or
(c) under coercion or overwhelming fear.
The term “violence” in this section also comprises the use of hypnotic means, narcotic, depressant or stimulant substances, or any other similar means or substances.
History —June 18, 2004, No. 149, § 32, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4661 - Insignificant conduct

Any person who commits an act so insignificant as to warrant neither prosecution nor conviction shall not be held liable.
History —June 18, 2004, No. 149, § 33, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter III - Causes for Exclusion from Criminal Liability (§§ 4653 — 4662) › § 4662 - Provisions applicable to this section

The causes for exclusion from criminal liability shall be examined with subjective criteria, taking into consideration the particular circumstances of the person invoking the defense.
If the person acted negligently, said person shall be liable for negligence if said negligence is expressly sanctioned by the law.
In cases of obedience to superior orders, entrapment, intimidation or violence, the person liable for the criminal act shall be the one who induces, compels or coerces the person who invokes the defense into performing the criminal act.
History —June 18, 2004, No. 149, § 34, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter IV - Attempt (§§ 4663 — 4665) › § 4663 - Definition of attempt

Attempt exists when a person acts or incurs in omissions unequivocally and instantaneously directed toward initiating the commission of a crime that is not consummated due to circumstances beyond the control of the person.
History —June 18, 2004, No. 149, § 35, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter IV - Attempt (§§ 4663 — 4665) › § 4664 - Punishment

Any attempt to commit a felony entails punishment equal to half of the fixed punishment for the consummated crime, not to exceed ten (10) years for the maximum punishment for such attempt. Said punishment shall be selected reducing by half the term of the punishment established by law for the consummated crime. In determining the punishment to be applied, the court shall take into consideration the danger inherent to the attempt and the degree of completion reached.
An attempted first degree felony entails the punishment for a second degree felony up to a maximum of ten (10) years.
History —June 18, 2004, No. 149, § 36; Dec. 16, 2009, No. 168, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 290 - Criminal Behavior (§§ 4646 — 4665) › Subchapter IV - Attempt (§§ 4663 — 4665) › § 4665 - Desisting

If a person voluntarily desists from consummating a crime or, after having begun the perpetrating thereof, avoids its results, said person shall not be subject to punishment, except for the conduct previously executed that by itself constitutes a crime.
History —June 18, 2004, No. 149, § 37, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4666 - Minors

A person shall not be prosecuted or convicted for an act perpetrated while said person has not yet attained the age of eighteen (18), except in those cases set forth under the special legislation for minors.
History —June 18, 2004, No. 149, § 38, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4667 - Mental incompetency

A person shall not be prosecuted if, at the time of the commission of the act, he/she, as a result of mental disease or defect, was unable to understand the criminality of the act or to conduct him/herself pursuant to the mandate of law.
The term “mental disease” or “defect” does not include an abnormality manifested only as repeated criminal or antisocial conduct.
History —June 18, 2004, No. 149, § 39, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4668 - Temporary mental disorder

A person shall not be held accountable if at the time of the commission of the act, as a result of the state of temporary mental disorder, was unable to understand the criminality of the act or to conduct him/herself pursuant to the mandate of law.
Temporary mental disorder does not exempt from accountability when provoked by the subject for the purpose of performing the act.
History —June 18, 2004, No. 149, § 40, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter I - Grounds for Criminal Non-liability (§§ 4666 — 4669) › § 4669 - Voluntary intoxication; exception

Voluntary drunkenness or voluntary intoxication with drugs or narcotic, stimulant or depressant substances, or any similar substances shall not be grounds for criminal nonliability; however, whenever the actual existence of any particular purpose, motive or intent is an essential element to constitute a particular species or degree of crime, the judge may take into consideration the fact that the accused was drunk or intoxicated at the time of deciding the purpose, motive or intent with which the crime was committed.
History —June 18, 2004, No. 149, § 41, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4670 - Accountable persons

The persons to be held accountable for the commission of a crime are the principals and those who cooperate with them, whether natural or juridical persons.
History —June 18, 2004, No. 149, § 42, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4671 - Principals

Considered to be principals are:
(a) Whoever participates directly in the commission of a crime.
(b) Whoever forces, provokes, abets or induces another person to commit a crime.
(c) Whoever takes advantage of a legally non-imputable person to commit a crime.
(d) Whoever cooperates before, simultaneously or after the commission of a crime, and without whose participation the crime could not have been perpetrated.
(e) Whoever takes advantage of a juridical person to commit a crime.
(f) Whoever acts in representation of another as member, director, agent or owner of a juridical person, and perpetrates the criminal act, even if the special elements that give rise to the crime do not concur upon such a person, but do concur upon the person represented or upon the juridical person provided that there is a law that classifies the crime.
History —June 18, 2004, No. 149, § 43, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4672 - Accessories after the fact

Those who without being principals otherwise knowingly cooperate in the commission of a crime.
History —June 18, 2004, No. 149, § 44, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4673 - Accountability of the parties to the crime

Each principal and each accessory shall be accountable to the extent of degree of participation in the criminal act according to the personal circumstances that characterize their participation therein.
The accessory in the consummation or attempt of a crime shall receive a punishment equal to half of the penalty prescribed for the crime or attempt thereof, as the case may be, up to a maximum of ten (10) years.
History —June 18, 2004, No. 149, § 45, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART II - On the Elements of Crime and on Criminal Behavior (§§ 4643 — 4674) › Chapter 291 - Subject of the Sanction (§§ 4666 — 4674) › Subchapter II - Participation (§§ 4670 — 4674) › § 4674 - Juridical persons

Juridical persons organized under the laws of the Commonwealth of Puerto Rico or authorized to act within its jurisdiction and any unincorporated partnership or association shall be held criminally accountable when the authorized persons, agents or representatives commit criminal acts while executing their agreements or conducting acts ascribable to them.
The accountability established herein does not exclude any individual accountability in which the members, leaders, agents or representatives of the juridical persons or the unincorporated partnerships and associations that participate in the commission of a criminal act may incur.
History —June 18, 2004, No. 149, § 46, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 292 - Purposes of the Penalty (§§ 4675 — 4676) › § 4675 - Purposes of the imposition

The general purposes that determine the imposition of the penalty are the following:
(a) The prevention of crimes and the protection of society.
(b) The fair punishment of the principal in proportion with the seriousness of the crime and the accountability of the principal.
(c) The moral and social rehabilitation of the convict.
(d) To do justice to the victims of crime.
History —June 18, 2004, No. 149, § 47, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 292 - Purposes of the Penalty (§§ 4675 — 4676) › § 4676 - Civil liability

The punishment established in this Code does not in any way affect or alter the civil liability of the persons convicted of a crime.
History —June 18, 2004, No. 149, § 48, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4677 - Punishments for natural persons

The following punishments are hereby established for natural persons:
(a) Imprisonment.
(b) Therapeutic confinement.
(c) House arrest.
(d) Probation.
(e) Day fines.
(f) Community services.
(g) Restitution.
(h) Suspension or revocation of license, permit or authorization.
(i) Special penalty for the crime victims’ special compensation fund.
History —June 18, 2004, No. 149, § 49, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4678 - Imprisonment

The punishment of imprisonment consists of the deprivation of freedom within a penal institution for the time established in the sentence.
The punishment of imprisonment shall be served in such a manner so as to promote adequate treatment for the social rehabilitation of the convict and shall be as non-restrictive of liberty as possible in order to achieve the purposes set forth in this Code.
Imprisonment imposed upon minors under twenty-one (21) years of age shall be served in institutions that are fit for this group of offenders.
History —June 18, 2004, No. 149, § 50, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4679 - Therapeutic confinement

The punishment of therapeutic confinement consists of the restriction of freedom for the term and in the location established in the sentence for the convict to submit to a confinement and treatment regime so as to obtain therapeutic intervention, rehabilitative treatment and supervision necessary to comply therewith.
The following factors, among others, shall be taken into consideration when this punishment is imposed: the willingness to undergo to treatment, the health condition of the person sentenced, the need for treatment and supervision, the possibility of rehabilitation and the risks and benefits for the community.
The Department of Corrections and Rehabilitation, subject to the regulations adopted by same, shall be in charge of executing this punishment and of supervising compliance with the rehabilitation plan attached to the sentence.
In the event that the sentenced person fails to comply with the punishment of therapeutic confinement, he/she shall serve the totality of the sentence of imprisonment, unless the judge in the revocation hearing, at his/her discretion, deducts part of the time already served.
If the convict satisfactorily complies with the treatment and rehabilitation plan and, at the end of his sentence, the court concludes that he has in effect rehabilitated from his addiction to controlled substances, alcohol or gambling, the court shall order the dismissal of the case and the exoneration of the sentenced person.
This punishment is not available to persons convicted for crimes classified as first and second degree felony crimes.
History —June 18, 2004, No. 149, § 51, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4680 - House arrest

The punishment of house arrest consists of the restriction of freedom for the term of the sentence, to be served in the domicile of the person or another dwelling as ordered by the court under conditions that promote the social rehabilitation of the convict and which do not pose a risk to the safety of the community.
The following factors, among others, shall be considered when imposing this punishment: whether the convicted person is employed or studying, his/her health condition, the stability of his/her family group, the commitment not to break the law again, the possibility of rehabilitation, the risk and benefit for the community and the availability of family resources or other persons to collaborate with the attainment of the objectives of this punishment and to complying with the conditions imposed.
The Department of Corrections and Rehabilitation, subject to the regulations adopted by same, shall be in charge of the execution of this punishment, supervise compliance with the rehabilitation plan attached to the sentence, and impose the corresponding conditions.
The person sentenced to this punishment shall not change domicile during the term of the sentence without prior authorization from the Department of Corrections and Rehabilitation, which in turn, shall notify the court.
A person who fails to comply with the conditions of his/her house arrest shall serve a term of imprisonment for the totality of the sentence, unless the judge in the revocation hearing, at his discretion, deducts part of the time already served.
This punishment is not available to persons convicted for crimes classified as first and second degree felony crimes, or to persons with prior convictions for crimes classified as first and second degree felony crimes.
History —June 18, 2004, No. 149, § 52, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4681 - Probation

Probation consists of the suspension of the effects of the imprisonment punishment for the convict to submit to the supervision regime ordered in the Suspended Sentences Act, §§ 1026—1029 of Title 34.
History —June 18, 2004, No. 149, § 53, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4682 - Community services

The punishment of community services consists of the rendering of community services for the term and in the location ordered by the court, according to the crime for which the person was convicted. Each day imposed by the court equals eight (8) hours of services.
The court may provide that the services be rendered in any of the following locations: a non-profit corporation or association, an institution or a public agency. The court, in its discretion, shall ensure that the term and conditions of the service do not attempt against the dignity of the convict, result in benefit of the community and the recognition by the convicted person of the consequences of his/her behavior. The conditions of the service and the term thereof shall be accepted by the convict prior to the sentencing.
The court, at the time of fixing the term and conditions of the service, shall take into consideration the following: the nature of the crime, the age, health condition, occupation, profession or trade of the convicted person, as well as the particular circumstances of the case, among others.
The Department of Corrections and Rehabilitation, subject to the regulations adopted by the same, and the institution to which the sentenced person is assigned to render the services shall be in charge of the execution of this punishment. The Department of Corrections and Rehabilitation shall establish agreements with those institutions in which the services may be rendered and the procedures to notify the Department of Corrections or the court of any noncompliance with this punishment.
If the convicted person fails to comply with the conditions, he shall serve the punishment of imprisonment for the remaining days not complied with of the imposed sentence.
This punishment is not available to persons convicted for crimes classified as first and second degree felony crimes.
History —June 18, 2004, No. 149, § 54, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4683 - Day-fines

The punishment of day fines consists of a monetary fine that the court shall impose in day-fine units taking into consideration the greater or lesser degree of the crime. The minimum punishment shall be one day-fine and the maximum shall be a ninety (90) day-fine.
Once the unit of day-fines that the convicted person must satisfy is established, the daily quota of the fine shall be decided by the court based upon the convicted person’s daily income. The daily quota shall range from one dollar ($1) for each day-fine up to forty-four dollars ($44) for each day-fine.
History —June 18, 2004, No. 149, § 55, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4684 - Special law fines

The penalty of fines set forth in the special criminal laws consists of the obligation to pay to the Commonwealth of Puerto Rico a sum of money fixed by the sentence that the court imposes upon the convicted person.
In addition to the criteria established in the special laws, the sum of the fines shall be determined by the court taking into consideration the financial situation, the family responsibilities, the degree of greed or profit shown in the commission of the criminal act, the profession or occupation of the sentenced person, his/her age and health, as well as the particular circumstances of the case, among others.
History —June 18, 2004, No. 149, § 56, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4685 - Method of payment of the fines or day-fines

The sum of the fines or the day-fines shall be paid immediately. However, at the request of the convicted person, and at the discretion of the court, said fines may be paid in full or in installments within a reasonable term after the date on which the sentence becomes effective.
The court may uphold the benefit of installment payments if it deems that noncompliance by the sentenced person was due to a justified cause.
History —June 18, 2004, No. 149, § 57, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4686 - Amortization of the fines or day-fines through community services

The court, in the exercise of its discretion or at the request of the sentenced person, upon showing his/her ability to pay, may authorize the payment or amortization of the unpaid portion of the fines or day-fines through the rendering of community services.
In the case of an individualized means based fines punishment, a one day-fine shall be credited for every eight (8) hours of community service.
In the case of an amortization of the day-fines penalty, fifty dollars ($50) shall be credited for each day of community services, which shall not exceed eight (8) work hours for each day.
The court shall hold jurisdiction over the sentenced person regarding compliance with the amortization order issued, including, in the appropriate cases, the power to dismiss said order or to demand the payment of the total unpaid balance of the fines or the day-fines.
History —June 18, 2004, No. 149, § 58, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4687 - Conversion of day-fines

If the day-fines or the days of community services otherwise imposed are not satisfied, they shall be converted into punishment of imprisonment by imposing one day of imprisonment for each unpaid day-fine or for every eight (8) hour work day of unfulfilled community services.
The convicted person may regain his freedom at any time upon payment of the fines, and shall be credited for the part corresponding to imprisonment time served.
The conversion of the sentence of day-fines shall not exceed ninety (90) days of imprisonment.
If the day-fines penalty has been imposed jointly with a punishment of imprisonment, the default imprisonment shall be additional to the punishment of imprisonment.
History —June 18, 2004, No. 149, § 59, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4688 - Conversion of the fines in special laws

In the case of a conviction pursuant to a special law in which the penalty of fines or the rendering of community services is imposed, if said fines or services are not satisfied, they shall be converted into imprisonment, at a rate of fifty dollars ($50) for each day of imprisonment.
The convicted person may regain his freedom at any time through the payment of the fines, and shall be credited for the part corresponding to imprisonment time served.
If the fines have been imposed jointly with a punishment of imprisonment, the default imprisonment shall be additional to the punishment of imprisonment.
When a penalty of fine is imposed in these cases, its conversion cannot exceed ninety (90) days of imprisonment. If the punishment of the fine imposed is less than fifty dollars ($50) and cannot be paid by the convicted person, he/she shall be imposed one single day of imprisonment.
History —June 18, 2004, No. 149, § 60, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4689 - Restitution

The penalty of restitution consists of the court imposed obligation to compensate the victim for the damages and losses caused to his/her person or property as a consequence of the crime. The penalty of restitution does not include suffering and mental anguish.
The court may order that the penalty of restitution be compensated in money, through the rendering of services, the delivery of the illegally appropriated property or the equivalent, if the property is not available.
If the penalty of restitution is compensated in money, the sum thereof shall be established by the court taking into consideration the following: the total amount of damages to be restored, the allocated participation of the convicted person if there were several perpetrators of the criminal act, the convicted person’s ability to pay and all other elements that allow an adequate adjustment to the circumstances of the case and the condition of the convicted person.
The penalty of restitution shall be paid immediately. Nevertheless, at the request of the sentenced person and at the discretion of the court, taking into consideration the financial situation of the convict, it may be paid in full or in installments within a reasonable term after the date on which the sentence becomes effective.
History —June 18, 2004, No. 149, § 61, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4690 - Revocation of driver’s license

When a person is convicted for the crime of negligent homicide while operating a motor vehicle, in addition to imposing the punishment that fits the crime, the court shall revoke the driver’s license.
Upon revoking the license, the following shall be observed:
(a) The term that the convict serves in prison shall be credited to the term of revocation.
(b) After one (1) year has elapsed since the revocation of his/her driver’s license, the convicted person must file a new application and comply with all other legal requirements to obtain said license again.
(c) The court shall remit a certified copy of the resolution revoking the license to the Secretary of Transportation and Public Works of Puerto Rico.
History —June 18, 2004, No. 149, § 62, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4691 - Suspension or revocation of license, permit or authorization

When in the commission of a crime the requirements provided by law for the issuance of a license, permit or authorization are violated, or when the criminal act justifies the suspension of the privilege to practice a profession, occupation or regulated activity, in addition to the punishment imposed upon the convict for the crime committed, the court may order the suspension of the license, permit or authorization for a fixed term established in the sentence. The court shall have discretion to order the permanent revocation of said license, permit or authorization.
History —June 18, 2004, No. 149, § 63, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter I - Types of Punishment (§§ 4677 — 4692) › § 4692 - Prohibition on forfeiture of property

No conviction for any crime entails the loss or forfeiture of property, except for cases in which said penalty is expressly imposed by the law, or the property was used to commit the crime, or is the product thereof and their owner is unknown.
History —June 18, 2004, No. 149, § 64, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4693 - Punishments for crimes

The punishment for a crime is that which corresponds to the classification indicated by the type of crime as adjusted according to the mitigating or aggravating circumstances provided in this Code.
History —June 18, 2004, No. 149, § 65, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4694 - Applicable penalties

The penalties established for natural persons by this Code are established according to the classification of the degree of the offense for which the person was convicted, as follows:
(a) First degree felony. — Entails a punishment of imprisonment in natural years of ninety-nine (99) years. In such case, the person may be considered for parole by the Parole Board upon having served twenty-five (25) natural years of his sentence, or ten (10) natural years, in the case of a minor who is tried and sentenced as an adult.
(b) Second degree felony. — Entails a penalty of imprisonment for a fixed term in calendar years of not less than eight (8) years and one (1) day, nor more than fifteen (15) years. In such a case, the person may be considered for parole by the Parole Board after having served eighty percent (80%) of the term of imprisonment imposed.
(c) Severe second degree felony. — Entails a penalty of imprisonment for a fixed term in calendar years of not less than fifteen (15) years and one (1) day, nor more than twenty-five (25) years. In such case, the person may be considered for parole by the Parole Board after having served eighty percent (80%) of the term of imprisonment imposed.
(d) Third degree felony. — Entails a punishment of imprisonment for a fixed term in natural years which shall not be less than three (3) years and one (1) day, nor more than eight (8) years. In such case, the person may be considered for parole by the Parole Board upon having served sixty percent (60%) of the term of imprisonment imposed.
(e) Fourth degree felony. — Entails a punishment of imprisonment for a fixed term in natural years which shall not be less than six (6) months and one (1) day, nor more than three (3) years. In such case, the person may be considered for parole by the Parole Board upon having served fifty percent (50%) of the term of imprisonment imposed.
(f) Misdemeanor. — Entails a punishment of day-fine according to the financial situation of the convicted person which shall not exceed ninety (90) day-fines, a punishment of daily community services which shall not exceed ninety (90) days, imprisonment or house arrest in natural days of up to ninety (90) days, or a combination of these punishments, the total days of which shall not exceed ninety (90) days.
History —June 18, 2004, No. 149, § 66; July 31, 2007, No. 96, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4695 - Special punishment

In addition to the punishment imposed for the commission of a criminal act, the court shall impose a special punishment of one hundred dollars ($100) for each misdemeanor and three hundred dollars ($300) for each felony upon all persons convicted thereof. The punishment set forth herein shall be paid by means of the corresponding internal revenue stamps. The amounts thus collected shall be covered into the Crime Victims’ Special Compensation Fund.
History —June 18, 2004, No. 149, § 67, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter II - Applicable Punshiments (§§ 4693 — 4696) › § 4696 - Punishment alternatives to imprisonment

As an alternative to the punishment of imprisonment, the court may impose one or any combination of the following punishments for third and fourth degree felonies and the attempt thereof, and for attempted second degree felonies: therapeutic confinement, house arrest, probation or community services. Likewise, alternative punishments shall be applicable to accessories after the fact, as defined in § 4672 of this title.
If the court combines one or more of these punishments, it shall ensure that the combination thereof shall not exceed the maximum limit of the term of imprisonment established for the corresponding crime.
The court shall determine the imposition of a punishment alternative to imprisonment taking into consideration the recommendations of the pre-sentencing report, the requirements of each punishment, the degree of the crime and the consequences thereof, the rehabilitation of the convicted person and the security of the community.
History —June 18, 2004, No. 149, § 68, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4697 - Pre-sentence report

The imposition of a punishment requires a pre-sentence report, the preparation of which shall be mandatory for second to fourth degree felonies and for misdemeanors at the discretion of the court. These reports shall be at the disposal of both parties.
No limitation shall be imposed upon the nature of the information concerning the complete history, character and conduct of the convicted person that may be considered by the court for the purpose of sentencing.
History —June 18, 2004, No. 149, § 69, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4698 - Sentencing

When the court imposes the punishment of imprisonment or a punishment that entails some type of restriction of freedom, or the suspension of a license, permit or authorization, the sentence pronounced shall be of a specific duration to be selected within the interval of imprisonment years established by law for the crime.
Within the limitations established by this Code for the crime, the punishment shall be imposed according to the greater or lesser degree of the criminal act taking into consideration the aggravating or mitigating circumstances.
History —June 18, 2004, No. 149, § 70, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4699 - Mitigating circumstances

The following facts concerning the convict and the commission of the crime are considered to be mitigating circumstances for purposes of the punishment:
(a) The causes for criminal accountability exclusion when all its requirements for exemption do not concur.
(b) The convict does not have a criminal record.
(c) The convict observed good conduct prior to the crime and has a satisfactory reputation in the community.
(d) The young or advanced age of the convict.
(e) The mental and physical condition of the convict.
(f) The convict accepted his accountability at some phase of the criminal prosecution.
(g) The convict cooperated voluntarily in the clearing up of the crime committed by him/her and others.
(h) The convict compensated the victim for the damages caused or lessened the effect of the damages caused.
(i) The convict tried to avoid causing damages to the person or property.
(j) The victim provoked the act or the act was produced due to the victim’s carelessness.
(k) The convict was abetted by others into participating in the incident.
(l) The convict committed the crime due to causes or stimuli so overpowering that they produced fury, obstinacy or another similar emotional state of mind.
(m) The participation of the convict was not by itself a determining factor in the damage or danger caused the criminal act.
(n) The damage caused to the victim or property was minimal.
History —June 18, 2004, No. 149, § 71, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4701 - Applicability of mitigating or aggravating circumstances

The aggravating or mitigating circumstances that concern the convict in his particular relations with the victim or in another personal cause shall serve to aggravate or mitigate the accountability only for those on whom they concur.
The aggravating or mitigating circumstances that consist of the material execution of the crime or the media used to execute it serve only to aggravate or mitigate the accountability of those who had knowledge of them at the time of executing or cooperating in the crime.
The aggravating or mitigating circumstances that the law has considered when classifying the crime, as well as those inherent to it, shall not be considered when establishing the punishment.
History —June 18, 2004, No. 149, § 73, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 4 - Penal Code of 2004—General Provisions (§§ 4629 — 4732) › PART III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4702 - Setting the punishment

The following rules shall be observed for establishing the punishment, whether or not there are mitigating or aggravating circumstances:
(a) When neither mitigating or aggravating circumstances, or either one or the other concur, a punishment for a term within the medium range of punishments set forth in this Code for the crime shall be selected, taking into consideration the personal circumstances of the convict, the need for prevention and the greater or lesser degree of the crime.
(b) When one or several aggravating circumstances concur, a punishment for a term within the upper half of the range of punishments set forth in this Code shall be selected for the crime.
(c) When two (2) or more mitigating circumstances concur, or when there is only one (1), but the judge deems it to be substantial, a punishment for a term within the lower half of the range of punishments set forth in this Code shall be selected for the crime.
History —June 18, 2004, No. 149, § 74, eff. May 1, 2005.