reglab/statecodes huggingface dataset:
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 VIII - Sentences (§§ 2651 — 2655) › § 2654 - Execution of confinement

(a) Under the regulations that the Governor may promulgate, a sentence of confinement adjudged by a court-martial or other military court, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any jail or penitentiary under the control of any of the Military Forces of Puerto Rico or of the Commonwealth of Puerto Rico designated to such effects. The persons so confined shall be subject to the same discipline and treatment as the persons sentenced to confinement by courts of the Commonwealth of Puerto Rico.
(b) The omission of the words “hard labor” from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
(c) Wardens, prison guards and officials of the jails or prisons designated by the Governor, or by such person as he may authorize to act under this Code, shall receive the persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such warden, prison guard or official may require payment of any fee or charge for so receiving or confining a person.
History —June 23, 1969, No. 62, p. 117, § 1103, eff. 90 days after June 23, 1969.
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 VIII - Sentences (§§ 2651 — 2655) › § 2655 - Sentences; reduction of grade of enlisted men

(a) Unless otherwise provided in the regulations that the Governor may promulgate, a sentence of a court-martial of an enlisted man with a rate of pay of over E-1 or its equivalent, as approved by the convening authority, which includes:
(1) Dishonorable or bad conduct discharge;
(2) confinement, or
(3) hard labor without confinement,
shall reduce such member to the rate of pay of E-1 or its equivalent, effective on the date of said approval.
(b) If the sentence of a member whose rate of pay has been reduced under subsection (a) of this section is rendered ineffective or disapproved, or as finally approved, does not include any punishment mentioned in its three (3) clauses, the rights and privileges of which he has been deprived on account of such reduction shall be restored to him and he shall be entitled to his pay and allowances to which he would have been entitled to during the period in which the reduction was in effect, such as if it had not been reduced.
History —June 23, 1969, No. 62, p. 117, § 1104, eff. 90 days after June 23, 1969.
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) › § 2701 - Error of law, lesser included offense

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the civil rights of the accused.
(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
History —June 23, 1969, No. 62, p. 117, § 1200, eff. 90 days after June 23, 1969.
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) › § 2702 - Initial action on the record

After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or by the Governor.
History —June 23, 1969, No. 62, p. 117, § 1201, eff. 90 days after June 23, 1969.
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) › § 2703 - General court-martial records

The convening authority shall refer the record of each general court-martial to the Judge Advocate of Puerto Rico, who shall submit his written opinion thereon to said convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall only be limited to questions of jurisdiction and the Judge Advocate of Puerto Rico shall withhold the record.
History —June 23, 1969, No. 62, p. 117, § 1202, eff. 90 days after June 23, 1969.
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) › § 2704 - Reconsideration and revision

(a) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling or for any further appropriate action.
(b) Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned for:
(1) Reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;
(2) reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this Code, or
(3) increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
History —June 23, 1969, No. 62, p. 117, § 1203, eff. 90 days after June 23, 1969.
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) › § 2705 - Rehearings

(a) If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
(b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
History —June 23, 1969, No. 62, p. 117, § 1204, eff. 90 days after June 23, 1969.
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) › § 2706 - Approval by the convening authority

In acting on the findings of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.
History —June 23, 1969, No. 62, p. 117, § 1205, eff. 90 days after June 23, 1969.
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) › § 2707 - Disposition of records after review by the convening authority

(a) When the convening authority intervening is the Governor, except in the cases provided by § 2710(b) of this title, his action on reviewing any record of trial shall be final.
(b) In all other cases not covered by subsection (a) of this section, if the sentence of a special court-martial, as approved, by the convening authority includes a bad-conduct discharge, whether or not suspended, the record shall be sent to the appropriate staff judge advocate to be reviewed in the manner prescribed in this section. The record and the opinion of the staff judge advocate shall be sent to the Judge Advocate of Puerto Rico for his review.
(c) All other special and summary court-martial records shall be reviewed by a judge advocate and shall be forwarded and disposed of, as the Governor may prescribe by regulations.
(d) The Judge Advocate of Puerto Rico shall review the record of the trial in each case, as provided in subsection (b) of this section. If the final action in a case sent to the Judge Advocate of Puerto Rico has resulted in an acquittal of all charges and specifications, the opinion of the Judge Advocate of Puerto Rico is limited only to questions of jurisdiction.
(e) The Judge Advocate of Puerto Rico shall take final action in any case reviewable by him.
(f) In any case reviewable by the Judge Advocate of Puerto Rico under this section, the Judge Advocate of Puerto Rico may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, what should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the Judge Advocate of Puerto Rico sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
(g) In cases reviewable by the Judge Advocate of Puerto Rico under this section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
History —June 23, 1969, No. 62, p. 117, § 1206, eff. 90 days after June 23, 1969.
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) › § 2709 - Review in the Office of the Judge Advocate of Puerto Rico

Every record of trial by special court-martial, in which there has been a finding of guilty and a sentence, the appellate review which is not otherwise provided for by § 2708 of this title, shall be examined in the Office of the Judge Advocate of Puerto Rico. If any part of the findings or sentence is found unsupported in law or if the Judge Advocate of Puerto Rico so directs, the record shall be reviewed by the Military Court of Review in accordance with § 2708 of this title. If the findings or sentence, or both, in a case of court-martial have not been finally reviewed by the Military Court of Review, the latter may be set aside or modified in whole or in part by the Judge Advocate of Puerto Rico on the ground of new evidence found, court fraud, lack of jurisdiction on the accused or the offense or prejudicial error to the substantial rights of the accused.
History —June 23, 1969, No. 62, p. 117, § 1208, eff. 90 days after June 23, 1969.
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) › § 2711 - Execution of sentence; suspension of sentence

The execution of every sentence of a military court shall be ordered by the convening authority after being approved by it. It shall be at the discretion of the convening authority to confirm the totality of any sentence or only such part, amount or commuted form thereof as it sees fit. It shall, in like manner, at its discretion, suspend the total or partial execution thereof. In this latter case the person may be set free on parole or probation, pursuant to the regulations that to such effect the Adjutant General may promulgate.
History —June 23, 1969, No. 62, p. 117, § 1210, eff. 90 days after June 23, 1969.
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) › § 2712 - Review counsel

(a) Upon the final review of a sentence of a general court-martial or of a sentence to a bad conduct discharge, the accused has the right to be represented by a counsel before the reviewing authority, Staff Judge Advocate, Judge Advocate of Puerto Rico, the Court of Military Review or before the Court of Military Appeals.
(b) Upon the request of the accused entitled to be so represented as provided in subsection (a) of this section, the Judge Advocate of Puerto Rico shall appoint a judge advocate or counsel who is a member of the bar of the Supreme Court of Puerto Rico or before a federal court, who is a member of the active or inactive National Guard or a retired officer who is available to represent the accused.
(c) An accused entitled to be so represented may be represented by civilian counsel, if such counsel is provided by the accused, at said final review before any officer or organization in which said review is carried out.
History —June 23, 1969, No. 62, p. 117, § 1211, eff. 90 days after June 23, 1969.
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) › § 2713 - Vacation of suspension

(a) Before the vacation of any privileges granted to a person under § 2711 of this title with respect to a court-martial sentence which, as approved, includes a bad-conduct discharge, or before the vacation of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by a counsel provided by him, or by a counsel appointed at his request, in accordance with the provisions of § 2712 of this title.
(b) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the unit of which the probationer is a member in all other cases covered by subsection (a) of this section. If the Governor or commanding officer vacates the suspension granted under § 2711 of this title, any unexecuted part of the sentence except a dismissal shall be executed.
(c) The suspension of any other sentence may be vacated by any competent authority of the command in which the accused is serving or assigned or by a court of the kind that imposed the sentence.
History —June 23, 1969, No. 62, p. 117, § 1212, eff. 90 days after June 23, 1969.
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) › § 2714 - Petition for a new trial or finding of a board

At any time within one year after approval by the convening authority of the finding of an officer’s board or of the sentence of a court-martial including dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial or rehearing on ground of newly discovered evidence or fraud in the officer’s board or in the court-martial.
History —June 23, 1969, No. 62, p. 117, § 1213, eff. 90 days after June 23, 1969.
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) › § 2715 - Remission or suspension

(a) A convening authority may, upon previous approval of the Governor, remit or suspend any part of the unexecuted sentence, or the collection of any amount of uncollected forfeitures.
(b) The Governor may substitute an administrative form of discharge for a bad conduct or dishonorable discharge executed in accordance with the sentence of a court-martial.
History —June 23, 1969, No. 62, p. 117, § 1214, eff. 90 days after June 23, 1969.
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) › § 2716 - Restoration

(a) All rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and that such executed sentence is a part of a sentence imposed on the new trial or rehearing.
(b) When a sentence of dishonorable or bad-conduct discharge previously executed is not affirmed in a new trial, the Governor shall substitute therefor an administrative form of discharge, unless the accused chooses to serve out the remainder of his enlistment.
(c) When a previously executed sentence of dismissal is not affirmed in a new trial, the Governor shall substitute therefor an administrative form of discharge and the commissioned officer dismissed by that sentence shall be reappointed to his commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he not been dismissed. This reappointment may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
History —June 23, 1969, No. 62, p. 117, § 1215, eff. 90 days after June 23, 1969.
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) › § 2717 - Finality of sentence of military court

The proceedings, findings and sentences of a court-martial as reviewed and approved, as required by this Code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this Code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the Commonwealth of Puerto Rico, subject only to action upon a petition for a new trial, as provided in § 2714 of this title.
History —June 23, 1969, No. 62, p. 117, § 1216, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2751 - Persons to be tried or punished

No person may be tried or punished for any offense provided for in §§ 2752—2788 of this title, unless the offense was committed while he was or should have been on duty.
History —June 23, 1969, No. 62, p. 117, § 1300, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2752 - Principals

Any person subject to this Code who:
(1) Commits an offense punishable by this Code, or who performs, abets, counsels, commands or procures its commission, or
(2) causes an act to be done which if directly performed by him would be punishable by this Code,
is a principal or author of the crime committed.
History —June 23, 1969, No. 62, p. 117, § 1301, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2753 - Accessory after the fact

Any person subject to this Code who, knowing that an offense punishable by this Code has been committed, remains silent, receives, comforts, shelters, protects or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct. In no case shall the punishment to be imposed for such complicity be greater than the maximum penalty established for the offense in itself.
History —June 23, 1969, No. 62, p. 117, § 1302, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2754 - Conviction of included offense

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
History —June 23, 1969, No. 62, p. 117, § 1303, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2755 - Attempts

(a) An act, done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this Code who attempts to commit any offense punishable by this Code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
(c) Any person subject to this Code may be convicted of an attempt to commit an offense although it appears in the trial that the offense was consummated.
History —June 23, 1969, No. 62, p. 117, § 1304, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2756 - Conspiracy

Any person subject to this Code who conspires with any other person to commit an offense punishable under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1305, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2757 - Solicitation

(a) Any person subject to this Code who solicits or advises another or others to desert in violation of § 2760 of this title or mutiny in violation of § 2769 of this title shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
(b) Any person subject to this Code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of § 2774 of this title, or sedition in violation of § 2769 of this title shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1306, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2758 - Fraudulent enlistment, appointment or separation

There shall be punished as a court-martial may direct, any person who:
(1) Procures his own enlistment or appointment in the Military Forces of Puerto Rico by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives payment or allowances thereunder, or
(2) procures his own separation from the Military Forces of Puerto Rico by knowingly false representation or deliberate concealment as to his eligibility for that separation.
History —June 23, 1969, No. 62, p. 117, § 1307, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2759 - Unlawful enlistment, appointment or separation

Any person subject to this Code who effects an enlistment or appointment in or a separation from the military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1308, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2760 - Desertion

(a) Any member of the military forces shall be guilty of desertion who:
(1) Without the proper authority goes or remains absent from his place of duty, organization or post with intent to remain away therefrom permanently;
(2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service, or
(3) without being regularly separated from the military forces enlists or accepts an appointment in another unit of the military forces without fully disclosing the fact that he has not been regularly separated, or who enlists in any foreign armed forces without the authorization of the President of the United States of America or of the Chief Commander.
(b) Any commissioned officer who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently shall be guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1309, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2761 - Absence without leave

Any member of the Military Forces of Puerto Rico who without authority:
(1) Fails to go to his appointed place of duty at the time prescribed; or
(2) goes from that place, or
(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1310, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2762 - Missing movement

Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft, train, vehicle or any other means of transportation on which he is required to move in the course of duty shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1311, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2763 - Contempt toward officials

Any officer who uses disrespectful or contemptuous words against the President, Vice-President, the Congress and members of the Cabinet of the United States, the Governor, the Legislature and members of the Cabinet of Puerto Rico, of any state, possession or territory in which that person may be serving, or may be present, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1312, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2764 - Disrespect toward superior commissioned officer

Any person subject to this Code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1313, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2765 - Assaulting or willfully disobeying superior commissioned officer

Any person subject to this Code who:
(1) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office, or
(2) willfully disobeys a lawful command of his superior commissioned officer,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1314, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2766 - Insubordinate conduct toward warrant officer or noncommissioned officer

Any enlisted member who:
(1) Strikes or assaults a warrant officer, or a noncommissioned officer while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer or of a noncommissioned officer, or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, or noncommissioned officer while that officer is in the execution of his office,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1315, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2767 - Failure to obey order or regulation

Any person subject to this Code who:
(1) Violates or fails to obey any general order or regulation;
(2) having knowledge of any other order issued by a member of the armed forces which it is his duty to obey, fails to obey the order, or
(3) is derelict in the performance of his duties,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1316, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2768 - Cruelty and maltreatment

Any person subject to this Code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1317, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2769 - Mutiny or sedition

Any person subject to this Code who:
(1) With intent to usurp or override lawful military authority refuses, in concert with any other person or persons, to obey orders or otherwise do his duty, or creates any violence or disturbance, is guilty of mutiny.
(2) With intent to cause the overthrow or destruction of lawfully constituted civil authority creates, in concert with any other person, revolt, violence, or other disturbance against that authority, is guilty of sedition.
(3) Fails to do his utmost to prevent and suppress a mutiny or sedition which is or is about to be committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1318, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2770 - Resistance, breach of arrest and escape

Any person subject to this Code who resists apprehension or breaks arrest or who escapes from prison or jail pursuant to the provisions of this part shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1319, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2771 - Releasing prisoner without proper authority

Any person subject to this Code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1320, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2772 - Unlawful detention of another

Any person subject to this Code who arrests, apprehends, or confines any person for reasons or situations not authorized herein shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1321, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2773 - Noncompliance with procedural rules

Any person subject to this Code who:
(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this Code, or
(2) knowingly or intentionally fails to enforce or comply with any provision of this Code regulating the proceedings before, during, or after trial of an accused,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1322, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2774 - Misbehavior before the enemy

Any member of the armed forces who before or in the presence of the enemy:
(1) Runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the military forces;
(8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy, or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft belonging to the armed forces of the United States, Puerto Rico, or their allies when engaged in battle,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1323, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2775 - Subordinate compelling surrender

Any person subject to this Code who compels or attempts to compel the commander of any place, vessel, aircraft or other property or any group of members of the military forces to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1324, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2776 - Improper use of countersign

Any person subject to this Code who in time of war discloses the password or countersign to any person not entitled to receive it, or who gives to another person who is entitled to receive and use the password or countersign a different password or countersign from that which, to his knowledge, he was authorized and required to give, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1325, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2777 - Forcing a safeguard

Any person subject to this Code who forces a safeguard duly promulgated for the protection or safety of persons, place or property, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1326, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2778 - Aiding the enemy

Any person who:
(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things, or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with, the enemy, either directly or indirectly,
shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1327, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2779 - False official statements

Any person subject to this Code who, with intent to deceive, signs any false record, return, regulation, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1328, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2780 - Military property; loss, damage, destruction, or wrongful disposition

Any person subject to this Code who, without proper authority:
(1) Sells or otherwise disposes of;
(2) willfully or through neglect damages, destroys, or loses, or
(3) willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of,
any military property shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1329, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2781 - Drunken or reckless driving

Any person subject to this Code who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1330, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2782 - Drunk on duty or sleeping on post

Any person subject to this Code who is found drunk on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1331, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2783 - Malingering

Any person subject to this Code who for the purpose of avoiding work, duty or service feigns illness, physical disablement, mental lapse or derangement; or intentionally inflicts self-injury, shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1332, eff. 90 days after June 23, 1969.
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 X - Punitive Provisions (§§ 2751 — 2788) › § 2784 - Provoking speeches or gestures

Any person subject to this Code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
History —June 23, 1969, No. 62, p. 117, § 1333, eff. 90 days after June 23, 1969.