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 III - Consequences of the Crime (§§ 4675 — 4732) › Chapter 293 - Punishment for Natural Persons (§§ 4677 — 4710) › Subchapter III - Method for Imposing Punishment (§§ 4697 — 4705) › § 4703 - Detention credits or imprisonment terms

The convict shall be credited for served detention or imprisonment terms as follows:
(a) The imprisonment time served by any convict from his detention and up to the time when the sentence becomes final shall be credited completely toward the serving of the sentence, whichever it may be.
(b) If the sentence is imposed under a special criminal law or under the determined sentence regime and consists exclusively of fines, the time spent deprived of freedom shall be credited at the rate of fifty dollars ($50) in fines for each day of deprivation of freedom served. If the fines imposed are less than fifty dollars ($50), they shall be paid with one (1) single day of imprisonment or detention of the convict.
(c) The time a person spends deprived of freedom, under house arrest or therapeutic confinement serving a sentence that is subsequently annulled or revoked shall be deducted completely from the term of imprisonment or restriction of freedom to be served if the person is once again sentenced for the same crime that motivated the sentence annulment or revocation.
(d) If the sentence imposes day-fines or community services, each day of restriction of freedom under subsections (a) and (b) of this section shall be credited on the basis of one unit of day-fines and one unit of eight (8) hours of community services, respectively.
History —June 18, 2004, No. 149, § 75, 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) › § 4704 - Mitigating the sentence

If upon sentencing it appears that the sentenced person has paid fines or has been imprisoned for the crime for which he/she was convicted by virtue of an order in which such crime was ruled as contempt, the court shall mitigate the sentence imposed.
History —June 18, 2004, No. 149, § 76, 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) › § 4705 - Deferment of execution of a sentence

The court may defer the execution of a sentence:
(a) If the convict who shall serve the same is seriously ill, his condition certified by medical testing to the satisfaction of the court. The sentence shall no longer be in effect after ten (10) calendar years have elapsed.
(b) If a pregnant woman or if six (6) months have not yet elapsed since the childbirth.
(c) If other circumstances so do warrant for a term of not more than ten (10) days.
History —June 18, 2004, No. 149, § 77, 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 IV - Concurrence (§§ 4706 — 4708) › § 4706 - Ideal and real concurrence of crimes

When two (2) or more punishments apply to a crime, and each values different aspects of the crime, or when one of them is the necessary means to carry out the other, sentence shall be passed for all concurrent crimes, but only the punishment for the most felonious shall be imposed, selected for a term within the upper half in the range of penalties.
History —June 18, 2004, No. 149, § 78, 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 IV - Concurrence (§§ 4706 — 4708) › § 4707 - Real concurrence of crimes

When any person commits several crimes that are judged simultaneously and each of the crimes entails its own punishment, an aggregate penalty shall be imposed upon the person, which shall be determined as follows:
(a) When one of the crimes entails imprisonment for ninety-nine (99) years, said term shall absorb the others.
(b) When one or more of the crimes entails imprisonment for ninety-nine (99) years, an aggregate penalty of twenty percent (20%) shall be imposed for each victim.
(c) In the remaining cases, a penalty for each crime shall be imposed and added together, but the full amount shall not exceed the aggregate penalty of twenty percent (20%) of the maximum range of penalties for the most felonious.
History —June 18, 2004, No. 149, § 79, 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 IV - Concurrence (§§ 4706 — 4708) › § 4708 - Sentence for continued crime

When the elements of a single crime are produced with a single criminal purpose, plurality of conducts and a single passive subject, the sentence shall be imposed from the upper half of the range of penalties.
History —June 18, 2004, No. 149, § 80, 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 V - Recidivism (§§ 4709 — 4710) › § 4709 - Degrees and punishment

The following degrees of recidivism are hereby established, under the specified circumstances, and their applicable punishment is hereby provided:
(a) There shall be recidivism when the person convicted and sentenced for a felony commits another felony. Such recidivism is considered to be an aggravating circumstance.
(b) There shall be aggravated recidivism when the person previously convicted and sentenced for two (2) or more felonies, committed and tried at different times and independently from one another, once again commits another felony. The sentence to be applied shall be increased up to twenty percent (20%) of the maximum limit in the range of penalties for the crime.
(c) There shall be habitual recidivism when a person who has been convicted and sentenced for two (2) or more felonies committed and tried at different times and independently from each other later commits another felony in the first or second degree or any other felony in violation to the Puerto Rico Explosives Act, §§ 561—593 of Title 25, the Act Against Organized Crime, §§ 971—971s of Title 25, §§ 2401, 2405, 2411 and 2411(a) of Title 24, part of the Controlled Substances Act of Puerto Rico or §§ 456m, 458b and 458f of Title 25, part of the Puerto Rico Weapons Law, all as amended. The punishment to be applied shall be ninety-nine (99) years of imprisonment.
History —June 18, 2004, No. 149, § 81; Dec. 22, 2009, No. 189, § 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 V - Recidivism (§§ 4709 — 4710) › § 4710 - Rules to determine recidivism

The following rules shall apply to determine recidivism:
(a) A previous crime shall not be taken into consideration when five (5) years have elapsed since the person served the sentence for the previous crime.
(b) Any conviction for a crime under the repealed Penal Code or classified as a felony under the special law shall be taken into consideration.
(c) Any conviction in a jurisdiction outside the Commonwealth of Puerto Rico for a criminal act that constitutes a felony in the Commonwealth of Puerto Rico shall be taken into consideration. It shall not be taken into consideration if classified as a misdemeanor in the Commonwealth of Puerto Rico.
(d) Criminal acts committed prior to the person having attained eighteen (18) years of age shall not be taken into consideration, except in cases excluded from the jurisdiction of the Juvenile Court of the Court of First Instance, pursuant to the provisions of law and those in which said court has waived its jurisdiction.
History —June 18, 2004, No. 149, § 82, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4711 - Juridical persons

The penalties for juridical persons established herein as defined by this Code are the following:
(a) Fines.
(b) Suspension of activities.
(c) Cancellation of certificate of incorporation.
(d) Dissolution of the entity.
(e) Suspension or revocation of license, permit or authorization.
(f) Restitution.
(g) Probation.
History —June 18, 2004, No. 149, § 83, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4712 - Fines

The penalty of a fine consists of the obligation imposed by the court on the convicted juridical person of paying a sum of money fixed by said court to the Commonwealth of Puerto Rico.
The fines to be imposed shall be determined based on the gross annual income of the juridical person in the year in which the crime was committed, pursuant to the provisions of the following paragraph in accordance to the classification of the crime. The court may require the necessary information to determine the gross income, including a financial statement audited by a certified public accountant. However, on setting the fines, the court shall take into consideration the financial situation of the juridical person and any applicable aggravating or mitigating circumstances at the time of passing the sentence.
The court may impose a fine to be selected according to the corresponding classification of the crime for which the juridical person was convicted, as follows:
(a) First degree felony. — A fine equal to ten percent (10%) of the annual income of the juridical person at the time the crime was committed.
(b) Second degree felony. — A fine equal to eight percent (8%) of the annual income of the juridical person at the time the crime was committed.
(c) Third degree felony. — A fine equal to six percent (6%) of the annual income of the juridical person at the time the crime was committed.
(d) Fourth degree felony. — A equal to four percent (4%) of the annual income of the juridical person at the time the crime was committed.
(e) Misdemeanor. — A fine equal to two percent (2%) of the annual income of the juridical person at the time the crime was committed.
History —June 18, 2004, No. 149, § 84, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4713 - Suspension of activities

The penalty of suspension of activities consists of the cessation of all the activities of the juridical person, except for those of strict compliance, during the time determined by the court, which shall not exceed six (6) months.
This penalty shall only be available for convictions for recidivism, as provided in § 4718 of this title.
The penalty of suspension of activities also entails the payment of the fines corresponding to the crime.
History —June 18, 2004, No. 149, § 85, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4714 - Probation

The penalty of probation consists of the supervision of the activities of the juridical person under the terms determined by the court and under the responsibility of the person or entity appointed by the court for such purposes for a term not to exceed one (1) year.
This penalty shall only be available for convictions for recidivism as provided in § 4718 of this title.
The penalty of probation also entails the payment of the fines corresponding to the crime.
History —June 18, 2004, No. 149, § 86, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4715 - Suspension or revocation of license, permit or authorization

When in the commission of a crime the juridical person violates for the first time, the requirements of law for the granting of a license, permit or authorization, the court shall order the suspension of said license, permit or authorization for a term not to exceed one (1) year in addition to any fines to be imposed as provided for the crime.
If the juridical person violates the requirements of law for the granting of a license, permit or authorization more than once, the court shall permanently revoke said license, permit or authorization.
History —June 18, 2004, No. 149, § 87, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4716 - Cancellation of the certificate of incorporation or dissolution

The penalty of cancellation of the certificate of incorporation or the dissolution of an entity mentioned in this Code shall be available only as provided in § 4718 of this title.
This penalty shall be in addition to the fines established for the crime.
History —June 18, 2004, No. 149, § 88, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4717 - Restitution

The penalty of restitution consists of the obligation imposed by the court on the juridical person to pay the victim for the damages and losses caused to his/her person and property as a consequence of the criminal act.
The penalty of restitution shall be set by taking into consideration the social capital of the juridical person, the state of business, the nature and consequences of the crime, and any other relevant circumstance.
History —June 18, 2004, No. 149, § 89, 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 294 - Penalties for Juridical Persons (§§ 4711 — 4718) › § 4718 - Recidivism

When the juridical person is convicted of a first or second degree felony after a prior conviction of similar seriousness, the fines established for the crime shall be imposed in addition to the suspension of activities for a term not to exceed six (6) months. In the case of a third degree felony, probation may be imposed for a term of up to one (1) year in addition to the fines.
When the juridical person is convicted for a third or subsequent felony, after two (2) or more prior convictions for crime of the same nature committed at different times, the court may impose the cancellation of the certificate or the cessation of activities of the juridical person if it shows a persistent tendency to the commission of crimes. In the case of misdemeanors, probation shall be imposed for up to one (1) year.
In all recidivism cases, it shall be necessary to impose as penalty the corresponding fines for the crime upon conviction.
For the purposes of calculating the recidivism, the statute of limitations established in § 4710 of this title shall apply.
History —June 18, 2004, No. 149, § 90, 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 295 - Security Measures (§§ 4719 — 4724) › Subchapter I - Purposes of Security Measures (§§ 4719 — 4721) › § 4719 - Application of the measures

When the person accused of a crime is found to be not guilty by reason of mental disability or temporary mental disorder, or his/her non-liability in such sense is established, the court shall maintain jurisdiction over the person and shall rule his/her commitment to an institution suitable for his/her treatment, if in the exercise of its discretion it determines, pursuant to the evidence submitted, that such a person is dangerous and poses a risk to society or that he/she shall benefit from said treatment.
In the case of ordering institutionalization, it shall be for the time required for the safety of society and the well-being of the person, subject to the provisions set forth in § 4720 of this title. In all cases, it shall be the duty of the persons in charge of the treatment to send quarterly reports to the court regarding the progress of the case.
History —June 18, 2004, No. 149, § 91, 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 295 - Security Measures (§§ 4719 — 4724) › Subchapter I - Purposes of Security Measures (§§ 4719 — 4721) › § 4720 - Principle of proportionality

Safety measures shall not be more severe nor of longer duration than the penalty applicable to the crime committed, nor exceed the limits of what is necessary to prevent risk posed by the principal.
History —June 18, 2004, No. 149, § 92, 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 295 - Security Measures (§§ 4719 — 4724) › Subchapter I - Purposes of Security Measures (§§ 4719 — 4721) › § 4721 - Exclusion of penalty

The security measures may only be imposed by court sentencing and they exclude the sentence.
History —June 18, 2004, No. 149, § 93, 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 295 - Security Measures (§§ 4719 — 4724) › Subchapter II - Application of Security Measures (§§ 4722 — 4724) › § 4722 - Pre-security measures report

No security measures shall be imposed without a prior examination and psychiatric or psychological report of the person performed by a psychiatrist or clinical psychologist designated by the court and a social report performed by a probation officer.
Said reports shall be notified to the parties, excluding information sources that are declared confidential.
History —June 18, 2004, No. 149, § 94, 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 295 - Security Measures (§§ 4719 — 4724) › Subchapter II - Application of Security Measures (§§ 4722 — 4724) › § 4723 - Hearings

The parties may discuss these reports at a hearing in which the authors of such reports shall be called to testify at the request of the parties.
History —June 18, 2004, No. 149, § 95, 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 295 - Security Measures (§§ 4719 — 4724) › Subchapter II - Application of Security Measures (§§ 4722 — 4724) › § 4724 - Periodical review

Each year, the court shall pronounce itself on the maintenance, modification or cessation of the security measures imposed and, without prejudice of so doing at any time in which the circumstances warrant it, or at the request of the person having custody of the institutionalized person.
If the court, from the favorable progress of the treatment can reasonably deduct that the healing and readjustment of the sentenced person may be carried out in the free community with supervision, since the sentenced person has ceased to be dangerous, the institutionalization of the person shall cease subject to the provisions of special laws on the matter.
History —June 18, 2004, No. 149, § 96, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter I - Expiration of Criminal Action (§§ 4725 — 4730) › § 4725 - Expiration of criminal action

A criminal action expires upon:
(a) Death.
(b) Pardon.
(c) Statute of limitations.
(d) Reparation of damages.
History —June 18, 2004, No. 149, § 97, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter I - Expiration of Criminal Action (§§ 4725 — 4730) › § 4726 - Reparation of damages

In third and fourth degree felonies and in misdemeanors, when the principal has made an effort to agree upon a compensation with the injured person and has made restitution for the most part to the juridical situation prior to the crime, or has compensated totally or substantially in a situation in which the reparation of damages requires noticeable personal restitutions or waivers, the court may order the dismissal and the filing of the criminal action, with the consent of the victim and the prosecution.
History —June 18, 2004, No. 149, § 98, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter I - Expiration of Criminal Action (§§ 4725 — 4730) › § 4727 - Statute of limitations

Criminal actions shall expire:
(a) In ten (10) years for severe second-degree felonies.
(b) In five (5) years for second- to fourth-degree felonies, and for felonies as classified in the special law or in the repealed Penal Code.
(c) In one (1) year for misdemeanors, except those arising from infractions against fiscal laws and all misdemeanors committed by public officers or employees in the performance of their duties, which shall expire in five (5) years.
(d) Concealment and conspiracy crimes prescribe in ten (10) years when committed in relation to murder in all its modalities.
(e) The provisions set forth in subsections (a), (b), and (c) of this section shall not apply to special laws in which crimes have a longer statute of limitations than the one proposed herein.
History —June 18, 2004, No. 149, § 99; Dec. 30, 2010, No. 221, § 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter I - Expiration of Criminal Action (§§ 4725 — 4730) › § 4728 - Crimes without statute of limitations

For the following crimes, criminal action does not have a statute of limitations: first degree felonies, genocide, crimes against humanity, homicide, kidnapping and child abduction, embezzlement of public funds, forgery of public documents and all felonies classified under this Code or in a special law committed by a public officer or employee in the performance of public duties.
History —June 18, 2004, No. 149, § 100, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter I - Expiration of Criminal Action (§§ 4725 — 4730) › § 4729 - Calculation of the statute of limitations

The statute of limitations shall be calculated from the day the crime is committed up to the date on which probable cause is found for the arrest or subpoena. In those cases in which it is necessary to appeal, a hearing shall be held to find probable cause for arrest or subpoena shall interrupt the statute of limitations.
However, crimes of sexual assault or attempted sexual assault in which the victim has not attained the age of eighteen (18) years, the statute of limitations shall be calculated from the date in which the victim attains the age of eighteen (18) years.
History —June 18, 2004, No. 149, § 101, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter I - Expiration of Criminal Action (§§ 4725 — 4730) › § 4730 - Accessories

The statute of limitations shall be calculated separately for each participant.
History —June 18, 2004, No. 149, § 102, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter II - Termination of Sentences (§§ 4731 — 4732) › § 4731 - Termination of sentences

Sentences are terminated for:
(a) Death of the sentenced person.
(b) Pardon or any other executive clemency action.
(c) Service of the sentence imposed.
(d) Rehabilitation of the sentenced person.
History —June 18, 2004, No. 149, § 103, 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 296 - Expiration of Criminal Action and Punishment (§§ 4725 — 4732) › Subchapter II - Termination of Sentences (§§ 4731 — 4732) › § 4732 - Rehabilitation of the sentenced person

If the Secretary of the Department of Corrections and Rehabilitation concludes, based on the evaluations performed, that the convict in a penal institution is rehabilitated, he/she shall issue a certification and, in consultation with the Secretary of Justice, shall file an application on behalf of the convict before the court to the effect that the remainder of the sentence involving restriction of freedom be deemed as served.
It shall be a requirement for the issuing of said certification that the Secretary of the Department of Corrections and Rehabilitation receive a psychological evaluation and recommendation stating that the convict is capable of living in the free community and that the other professionals who evaluated him/her submit detailed written reports on their findings regarding the rehabilitation of the convict, especially that there is no longer any risk of danger represented by the crime for which the convict serves the sentence. To be eligible for this procedure, in first degree felonies the convict shall have served at least twelve (12) years of imprisonment and at least eight (8) years in the case of a minor tried as an adult. In second degree felonies, the convict shall have served in prison at least fifty percent (50%) of the sentence imposed by the court.
The Secretary of the Department of Corrections and Rehabilitation and the Secretary of Justice shall jointly adopt the regulations to establish the procedure to evaluate the adjustment of the inmate as well as to issue and process the certification of rehabilitation.
The court shall hold a hearing and shall have full power to decide with respect to the request taking into consideration any evidence submitted, the opinion of the victim or the family of the victim, and the objections that Secretary of Justice may set forth. Said evidence shall necessarily contain the certification of the Secretary of the Department of Corrections and Rehabilitation duly justified by an evaluation of the integral adjustment and social conduct of the inmate during imprisonment and his/her compliance with the rehabilitation plan. If the court decides in favor of the certification of rehabilitation, it shall order the Police Superintendent not to include the conviction in the penal record certificate, but to register it in the convict’s criminal records only for purposes of recidivism.
History —June 18, 2004, No. 149, § 104, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter I - Murder and Homicide (§§ 4733 — 4737) › § 4733 - Murder

Murder is to kill another human being with intent.
History —June 18, 2004, No. 149, § 105, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter I - Murder and Homicide (§§ 4733 — 4737) › § 4734 - Degrees of murder

First degree murder is constituted by:
(a) Any murder committed by means of poison, stalking or torture, or with premeditation.
(b) Any murder committed as a natural consequence of the attempt or consummation of aggravated arson, sexual assault, robbery, aggravated burglary, kidnapping, child abduction, serious damage or destruction, poisoning of bodies of water for public use, mayhem, escape, and intentional abuse or abandonment of a minor.
(c) The murder of a law enforcement officer, school police, municipal guard or police officer, marshal, prosecutor, solicitor for minors’ affairs, special family solicitors for child abuse, judge or custody officer in the performance of his duty, committed while carrying out, attempting or concealing a felony.
Any other intentional killing of a human being constitutes second degree murder.
History —June 18, 2004, No. 149, § 106, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter I - Murder and Homicide (§§ 4733 — 4737) › § 4735 - Penalties for murder

Any person convicted of murder in the first degree shall be penalized as established for a first degree felony.
Any person convicted of murder in the second degree shall be penalized as established for a severe second degree felony.
History —June 18, 2004, No. 149, § 107; Sept. 16, 2004, No. 338, § 2, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter I - Murder and Homicide (§§ 4733 — 4737) › § 4736 - Manslaughter

Notwithstanding the provisions of § 4735 of this title, when the murder occurs in circumstances of sudden heat of passion or rage, the convict shall receive the penalty established for a third degree felony.
History —June 18, 2004, No. 149, § 108, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter I - Murder and Homicide (§§ 4733 — 4737) › § 4737 - Negligent homicide

Any person who causes the death of another through negligence shall incur a misdemeanor, but shall receive the penalty established for a fourth degree felony.
When the death is caused while driving a motor vehicle with wanton disregard for the safety of others, or while aiming and shooting a firearm at an undefined target, the offender shall incur a third degree felony.
When the death is caused while driving a motor vehicle under the influence of controlled substances or alcoholic beverages, as provided and defined in §§ 5001 et seq. of Title 9, known as the “Puerto Rico Vehicle and Traffic Act”, the offender shall incur a second degree felony.
History —June 18, 2004, No. 149, § 109; Dec. 22, 2009, No. 193, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter II - Suicide (§ 4738) › § 4738 - To abet to commit suicide

Any person who assists or abets another into committing suicide or initiating the execution of suicide shall incur a third degree felony.
History —June 18, 2004, No. 149, § 110, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter III - Abortion (§§ 4739 — 4742) › § 4739 - Abortion

Any person who allows, indicates, advises, abets or practices an abortion or who makes available, facilitates, administers, prescribes or otherwise has a pregnant woman take any medicine, drug or substance, or who uses any instrument or any other means with the intent to provoke an abortion, and any person who assists in the commission of any of said acts, unless by therapeutic prescription by a physician duly authorized to practice medicine in Puerto Rico, with the intention of preserving the health or life of the mother shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 111, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter III - Abortion (§§ 4739 — 4742) › § 4740 - Committed or consented by the woman

A woman who seeks from any other person with the purpose of provoking an abortion any medicine, drug or substance and takes it, or who undergoes any operation or any other surgical procedure or means, except in the case that it were necessary to save her health or life, shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 112, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter III - Abortion (§§ 4739 — 4742) › § 4741 - Force or violence

Any person who through the use of force or violence causes harm to a pregnant woman and provokes a premature childbirth with harmful consequences for the infant shall incur a third degree felony.
If the infant dies, the person shall incur a second degree felony.
History —June 18, 2004, No. 149, § 113, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter III - Abortion (§§ 4739 — 4742) › § 4742 - Advertisements of means to produce illegal abortions

Any person who drafts and publishes a notice or advertisement of any remedy or procedure to produce or abet illegal abortions, or who offers his/her services by means of any notice, advertisement or by any other means to assist in the commission of such an act shall incur a fourth degree felony.
History —June 18, 2004, No. 149, § 114, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter IV - Genetic Engineering and Assisted Reproduction (§§ 4743 — 4748) › § 4743 - Alteration of the human genome

Any person who uses technology to alter the human genome for purposes other than diagnosis, treatment or scientific research in the field of human biology, particularly genetics or medicine shall incur a second degree felony.
The terms “diagnosis” and “treatment” shall mean any medical intervention directed to determining the nature and causes of illness, disabilities or defects of genetic origin or remedies (healing or relief) thereof. “Scientific research” means any procedure or work directed to the discovery of new therapies or the broadening of scientific knowledge on the human genome and its medical applications.
Both the interventions directed to the diagnosis and treatment and the procedures and work directed to scientific research shall be performed with the informed and truly free consent of the person from which the genetic material originates.
History —June 18, 2004, No. 149, § 115, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter IV - Genetic Engineering and Assisted Reproduction (§§ 4743 — 4748) › § 4744 - Human cloning

Any person who, using the techniques of cloning, generates human embryos for reproductive purposes shall incur a second degree felony.
History —June 18, 2004, No. 149, § 116, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter IV - Genetic Engineering and Assisted Reproduction (§§ 4743 — 4748) › § 4745 - Production of weapons by means of genetic engineering

Any person who uses genetic engineering to produce biological weapons or weapons of mass destruction shall incur a first degree felony.
History —June 18, 2004, No. 149, § 117, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter IV - Genetic Engineering and Assisted Reproduction (§§ 4743 — 4748) › § 4746 - Manipulation of gametes, zygotes and human embryos

Any person who possesses gametes, zygotes or human embryos for purposes other than those authorized by its donors shall incur a third degree felony.
History —June 18, 2004, No. 149, § 118, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter IV - Genetic Engineering and Assisted Reproduction (§§ 4743 — 4748) › § 4747 - Mixing of human gametes with other species

Any person who mixes human gametes with those of other species for reproductive purposes shall incur a second degree felony.
This section does not prohibit the creation of animals in which the genome has incorporated human genes (transgenic animals).
History —June 18, 2004, No. 149, § 119, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 297 - Crimes Against Life (§§ 4733 — 4748) › Subchapter IV - Genetic Engineering and Assisted Reproduction (§§ 4743 — 4748) › § 4748 - Other penalties

In addition to the penalties provided for the crimes established in this subchapter, the penalty of suspension of professional license, permit or authorization shall be imposed. When a juridical person is convicted, the penalty of suspension or cancellation of license, permit or authorization shall also be imposed.
History —June 18, 2004, No. 149, § 120, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 298 - Crimes Against Bodily Integrity (§§ 4749 — 4753) › § 4749 - Simple battery

Any person who illegally through any means or form inflicts injury to the bodily integrity of another shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 121, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 298 - Crimes Against Bodily Integrity (§§ 4749 — 4753) › § 4750 - Aggravated battery

If the battery described in § 4749 of this title causes an injury that does not leave permanent harm, but requires medical attention, specialized professional outpatient treatment, shall incur a fourth degree felony.
If the battery causes an injury that requires hospitalization or extended treatment, or causes permanent harm, the perpetrator shall incur a third degree felony. This modality also includes mayhem, those that transmit an illness, syndrome or condition requiring prolonged physical treatment, or those that require prolonged psycho-emotional treatment.
History —June 18, 2004, No. 149, § 122, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 298 - Crimes Against Bodily Integrity (§§ 4749 — 4753) › § 4751 - Mitigated aggravated battery

If the aggravated battery is committed in the heat of passion or in a fit of fury, the penalty corresponding to the crime that is immediately below in the range of penalties shall be imposed.
History —June 18, 2004, No. 149, § 123, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 298 - Crimes Against Bodily Integrity (§§ 4749 — 4753) › § 4752 - Negligent injury

Any person who, due to negligence, causes bodily injury requiring hospitalization or prolonged treatment, or which causes permanent damage or mayhem to another person shall incur a misdemeanor, but shall be punished with the penalty for a fourth degree felony.
History —June 18, 2004, No. 149, § 124, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 298 - Crimes Against Bodily Integrity (§§ 4749 — 4753) › § 4753 - Practices harmful to bodily integrity in initiation procedures

Any person who, with negligence, endangers the physical or mental health or infringes the human dignity of any candidate for membership in a fraternity, sorority or similar organization by means of practices that are harmful to the dignity and bodily integrity of the candidate as part of the initiation processes, shall incur a misdemeanor.
It shall be understood that a harmful practice to personal dignity and integrity is the forced ingestion of food, liquor, alcoholic beverages, narcotic drugs or any other substance; submission to exhausting physical activity not related to the purposes and objectives of such fraternity, sorority or similar organization; hazardous exposure to bad weather conditions; extended deprivation of food, rest or sleep; extended isolation; any type of scrape, blow, lash, beating, burn or branding; and any treatment that may adversely affect the physical or mental health or the safety of the candidate.
It is further provided that any educational institution that negligently allows the acts prohibited herein occurring anywhere within its premises or under its possession, custody or control shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 125; Dec. 16, 2009, No. 167, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter I - Crimes Against Civil Status (§§ 4754 — 4758) › § 4754 - Bigamy

Any person who remarries without having annulled or dissolved the previous marriage or having declared the spouse missing pursuant to the provisions of law shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 126, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter I - Crimes Against Civil Status (§§ 4754 — 4758) › § 4755 - Unmarried party

Any unmarried person who marries a married person knowing that said person is committing bigamy shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 127, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter I - Crimes Against Civil Status (§§ 4754 — 4758) › § 4756 - Celebration of illegal marriages

Any person authorized to solemnize marriages who knowingly celebrates or authorizes a marriage prohibited by civil law shall incur a misdemeanor.
History —June 18, 2004, No. 149, § 128, eff. May 1, 2005.
2023 Laws of Puerto Rico › TITLE THIRTY-THREE - Penal Code (§§ 1 — 4939) › Subtitle 5 - Penal Code of 2004—Special Provisions (§§ 4733 — 4939) › PART I - Crimes Against the Person (§§ 4733 — 4819) › Chapter 299 - Crimes Against the Family (§§ 4754 — 4769) › Subchapter I - Crimes Against Civil Status (§§ 4754 — 4758) › § 4757 - Illegal marriages

It shall be a misdemeanor to:
(a) Solemnize a marriage without being authorized to do so.
(b) Marry another person in a marriage prohibited by civil law.
History —June 18, 2004, No. 149, § 129, eff. May 1, 2005.