2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter IX - Review of Courts-Martial (§§ 2701 — 2717) › § 2710 - Review by the Court of Military Appeals

(a) The Governor shall establish a Court of Military Appeals which shall consist of three (3) persons appointed for a term of four (4) years as judges of military appeals. The court shall operate as prescribed by the regulations that the court may promulgate under subsection (f) of this section. The judges of military appeals appointed to the courts shall be counselors, each of whom shall be a member of the bar of the Supreme Court of Puerto Rico with at least ten (10) years of experience in the practice of law. The Governor shall appoint one of the judges of military appeals as Chief Judge. The judges of the Court of Military Appeals shall not receive a salary, but shall be reimbursed for traveling expenses incurred while rendering the official duties as judges and shall also receive per diems at a rate of twenty-five dollars ($25) a day during the time they are engaged in their official duties. The provisions of § 551 of Title 3 shall not be applicable to the judges of the Court of Military Appeals.
(b) The Court of Military Appeals shall review:
(1) All records of a trial by court-martial referred by the Governor, in which the sentence, as approved, affects an officer with the rank of General or entails the dishonorable discharge of an officer or confinement in excess of ninety (90) days.
(2) Every case which after having been reviewed by the Judge Advocate of Puerto Rico or the Court of Military Review, the Judge Advocate of Puerto Rico may deem convenient.
(3) Every case which has been reviewed by the Military Court of Review where the accused within the thirty (30) days following the service of notice of decision of the Military Court of Review, so requests and for good cause the court may in its discretion issue a writ of review.
(c) In a case referred to it, the Court of Military Appeals may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it may judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.
(d) If the Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(e) The Judge Advocate of Puerto Rico shall, unless there is to be further action by the Governor or the Adjutant General, instruct the convening authority to take action in accordance with the decision of the Court of Military Appeals. If the Court of Military Appeals has ordered a rehearing but the convening authority finds a rehearing impracticable, said convening authority shall dismiss the charges.
(f) The court shall adopt a seal, which printing shall be registered in the Department of State and bylaws for its organization and internal operations and holding of hearings.
(g) No member of the Court of Military Appeals shall be eligible to review the record of any trial, if said member served as investigating officer in the case or served as member of the court-martial before which the trial was held or if served as law officer, trial counsel or defense counsel or reviewing officer of such trial.
(h) The Adjutant General shall, from the personnel of his office, provide and detail a person to act as clerk of the Court of Military Appeals. The latter shall be responsible for safeguarding all archives, seals, books and documents of the court and shall carry out all duties assigned to him.
History —June 23, 1969, No. 62, p. 117, § 1209, eff. 90 days after June 23, 1969.