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) › § 2708 - Review by Military Court of Review

(a) The Judge Advocate of Puerto Rico shall establish a Military Court of Review to be composed of one or more parts of not less than three law officers of appeal in each part. For the purpose of reviewing court-martial cases, the court may operate in parts or in a full court as prescribed by the regulations promulgated under subsection (f) of this section. The law officers of appeal detailed to the Military Court of Review shall be commissioned officers, each of whom must be a member of the bar of the Supreme Court of Puerto Rico or of a federal court with at least five years of experience in the practice of law. The Judge Advocate of Puerto Rico shall designate one of the law officers of appeal as presiding judge of the Military Court of Review established by him. The presiding judge shall determine the part of the court to which shall be assigned the different judges appointed to the court and which of them shall act as judge administrator of each part.
(b) The Judge Advocate of Puerto Rico shall refer to the Military Court of Review the record in every case of trial by court-martial in which the sentence, as approved, affects a warrant officer or sub-officer or provides for the dishonorable or bad-conduct discharge, or confinement.
(c) In a case referred to it, the Military Court of Review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, what should be approved. In considering the record, it 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.
(d) If the Military Court of Review sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.
(e) The Judge Advocate of Puerto Rico shall, unless there is to be further action by the Governor or the Adjutant General, instruct the convening authority to take action in accordance with the decision of the Military Court of Review. If the Military Court of Review has ordered a rehearing but the convening authority finds a rehearing impracticable, said convening authority may dismiss the charges.
(f) The Judge Advocate of Puerto Rico shall prescribe uniform rules of procedure for the Military Court of Review.
(g) No member of the Military Court of Review shall be required or shall be allowed on his own initiative, to prepare, approve, disapprove, review or submit with respect to any other member of the Military Court of Review an effectiveness, competence or efficiency report or any other report or document used in all or in part for the purpose of determining if a member of the Military Forces of Puerto Rico is qualified to be promoted in grade or in determining the designation or transfer of a member of the Military Forces of Puerto Rico or in determining if a member of the Military Forces of Puerto Rico must be retained in the service.
(h) No member of the Military Court of Review shall be eligible for reviewing the record of any trial if said member served as investigating officer in the case or served as member of the court-martial where the trial was held or if he served as law officer, trial counsel or defense counsel or reviewing officer of such trial.
History —June 23, 1969, No. 62, p. 117, § 1207, eff. 90 days after June 23, 1969.