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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725 - Issuance—Authorization to Police
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725 - Issuance—Authorization to Police
The Puerto Rico Police Department is hereby authorized to issue a certificate denominated “Criminal Record Certificate,” containing a list of the guilty verdicts found in the record of every person who, for having been sentenced in any Court of Justice of the Commonwealth of Puerto Rico or in any other local, state, or Federal jurisdiction, already has an open record in said agency or in any other similar agency or official data system in any other local, state, or Federal jurisdiction of the United States of America. In the case of persons with criminal history and/or that do not comply with the five (5)-year term in the case of felonies, and six (6) months in the case of misdemeanors, as provided in §§ 1725a-1 and 1725a-2 of this title, they may obtain a Certificate of Rehabilitation and Job Training that may substitute the Criminal Record Certificate. The evaluation process to obtain the same shall be determined by the Department of Corrections and Rehabilitation, which may use the guidelines in effect for the issuance of the rehabilitation certificate established in § 4732 of Title 33. The employer reserves the right to require the Criminal Record Certificate in addition to the certificate of rehabilitation and job training. The possible issuance of the certificate of rehabilitation and job training herein provided shall not apply to persons who are registered in the Registry of Persons Convicted of Violent Sexual Crimes and Child Abuse or the Registry of Persons Convicted of Corruption. History —July 27, 1974, No. 254, Part 2, p. 255, § 1; Sept. 15, 2004, No. 314, § 1; Aug. 9, 2008, No. 224, § 1; Nov. 9, 2011, No. 174, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a - Contents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a - Contents
The Criminal Record Certificate must contain the following information: (1) Full name of the person for whom the certificate is issued. (2) Case number and court where sentence was pronounced. (3) Date of sentence. (4) Offense for which the person was convicted as well as the jurisdiction in which the guilty verdict is filed. (5) Penalty imposed. (6) If sentence is in the stage of appeal. (7) Date of certificate. (8) Signature of the official issuing the certificate. The Criminal Record Certificates shall also include a notice that the same shall not include convictions for misdemeanors, if more than six (6) months have elapsed since the sentence was served or convictions for felonies if more than five (5) years have elapsed since the sentence was served. History —July 27, 1974, No. 254, Part 2, p. 255, § 2; Aug. 9, 2008, No. 224, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a-1 - Elimination of a conviction—Misdemeanor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-1 - Elimination of a conviction—Misdemeanor
Any person who has been convicted of a misdemeanor may solicit that the Police Superintendent eliminate the conviction from the Criminal Record Certificate through a sworn statement, accompanied by the pertinent documents and a twenty (20) dollar internal revenue stamp, provided the following circumstances concur: (a) That six (6) months have passed from the moment the sentence was served and that during that time the person has not committed another crime, and (b) that the person has a good reputation within the community. History —July 27, 1974, No. 254, Part 2, p. 255, added as § 3 on Sept. 15, 2004, No. 314, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a-2 - Elimination of a conviction; felony
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-2 - Elimination of a conviction; felony
Any person convicted of a felony who is not subject to the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors nor to the Register of Persons Convicted for Corruption, may solicit that the Court of First Instance issue an order for the elimination of the conviction from the Criminal Record Certificate provided the following circumstances concur: (a) That five (5) years have passed from the moment the sentence was served and that during that time the person has not committed any crime; (b) that the person has a good reputation within the community, and (c) that the person has been subjected to providing the sample required by the DNA Data Bank Act, if required to do so. The petitioner shall provide the documents needed to [evidence] the allegations of his/her petition. The Department of Justice may oppose or yield to the petition, in which case it shall not be necessary to hold a hearing. History —July 27, 1974, No. 254, Part 2, p. 255, added as § 4 on Sept. 15, 2004, No. 314, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725a-3/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725a-3 - Elimination of a conviction; review
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725a-3 - Elimination of a conviction; review
The decision of the Superintendent may be revised by the Court of Appeals according to the provisions of §§ 2101 et seq. of Title 3, known as the Uniform Administrative Procedures Act, and subsection (c) of § 24y of Title 4. The decision of the Court of First Instance may be appealed before the Court of Appeals and the sentence may be revised by certiorari before the Supreme Court. History —July 27, 1974, No. 254, Part 2, p. 255, added as § 5 on Sept. 15, 2004, No. 314, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725b - Reversed verdict
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725b - Reversed verdict
The Criminal Record Certificate shall not include the issue of any sentence: (a) That has been revoked; (b) that has been eliminated pursuant to the procedure provided in this chapter (c) that has been given as served by a court pursuant to § 4732 of Title 33 or § 1615 of Title 4; (d) that has been validated by the Central Office of Labor Advisement and Human Resources Administration (OCALARH, Spanish acronym), or (e) that has been eliminated from the Register of Persons Convicted for Violent Sexual Crimes and Abuse of Minors. History —July 27, 1974, No. 254, Part 2, p. 255, § 3, renumbered as § 6 and amended on Sept. 15, 2004, No. 314, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725c - Negative report
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725c - Negative report
When there is no open record for a specific person in the files of the Puerto Rico Police a negative report shall be issued for that person. History —July 27, 1974, No. 254, Part 2, p. 255, § 4, renumbered as § 7 and amended on Sept. 15, 2004, No. 314, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725d/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725d - Requests; fees
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725d - Requests; fees
Any person may solicit the Criminal Record Certificate of a specific person provided he/she pays the corresponding fee as established by law. History —July 27, 1974, No. 254, Part 2, p. 255, § 5; July 22, 1988, No. 136, p. 571; renumbered as § 8 and amended on Sept. 15, 2004, No. 314, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-118/1725e/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e)›§ 1725e - Personnel; equipment; regulations
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 118 - Criminal Records Certificates (§§ 1725 — 1725e) › § 1725e - Personnel; equipment; regulations
The Police Superintendent is hereby authorized to employ the personnel, acquire the equipment and materials and prepare the printed forms needed to comply with the provisions of this chapter and promulgate regulations to those ends. History —July 27, 1974, No. 254, Part 2, p. 255, § 6, renumbered as § 9 and amended on Sept. 15, 2004, No. 314, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735 - Bureau
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735 - Bureau
The Bureau of the Jury Service Administration is hereby created, attached to the Court Administration Bureau, which shall manage the Puerto Rico Jury System created by this chapter. The Bureau of the Jury Service Administration shall be managed by a director, who shall be appointed by the Child Justice of the Puerto Rico Supreme Court and shall be staffed as determined by said Chief Judge. The position of the Bureau Director shall be included in the Judicial Branch Central Service Personnel and shall accrue the salary established by the Regulations of the Court Administration Bureau. The organization, tax and personnel matters, and the internal operation of the Bureau shall be subject to the regulation approved for such purposes. History —Sept. 27, 2003, No. 281, § 2, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735a/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735a - Main Register of Jurors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735a - Main Register of Jurors
The Bureau Director shall prepare a main register of jurors, using a method where the selection of people in the list is completely at random. No person can be included in the list by personal request or by the request of third parties. In order to prepare such list, the Bureau Director shall require, it being mandatory, that any department, agency, board, commission, instrumentality or corporation of the Commonwealth of Puerto Rico or its municipalities, including the State Electoral Commission, shall submit free of charge and by any means, copies of the registries of people in their charge, including without limitation, the voters, motor vehicle drivers, electricity, water and telephone services recipients, and those registered in any other government program or service. The Bureau Director shall determine the number of jurors that comprise the main register and shall distribute the jurors according to the needs determined in each Judicial Region. Wherever possible, there shall be a proportional number of jurors for each municipality forming the region, taking its population as a base, according to the last census of the United States Census Bureau. The Main Register of Jurors must be periodically updated or reviewed, but never at intervals longer than three (3) years. History —Sept. 27, 2003, No. 281, § 3, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735b/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735b - Jury selection in a trial
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735b - Jury selection in a trial
Whenever the penal docket of a Division of the District Court so requires, the court shall issue an order addressed to the Bureau Director, with prior notice to the parties, for said Director to randomly select the number of jurors deemed necessary by the court. The list of jurors selected by the Bureau Director shall contain the full name of each juror, unless there is an order to the contrary, as well as the municipality of residence and any other information required by the regulations. A copy of the list of jurors so appointed shall be delivered to the court and to the parties three (3) days before the empanelling of the jury. History —Sept. 27, 2003, No. 281, § 4, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735c/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735c - Eligibility to serve
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735c - Eligibility to serve
Any person who meets the following requirements shall be eligible to serve as a juror in Puerto Rico: (a) To be eighteen (18) years or older. (b) Having legally resided in Puerto Rico for one (1) year and ninety (90) days previously in the judicial region where the proceeding shall be held (c) Knowing how to read and write in Spanish. (d) Not having been convicted of a felony or any other crime involving moral turpitude. (e) Being physically and mentally able to serve as a juror. History —Sept. 27, 2003, No. 281, § 5, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735d/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735d - Jury duty
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735d - Jury duty
Any person meeting the requirements established by this chapter shall be bound to serve as a juror in any criminal proceeding pending before any Division of the District Court of the Commonwealth of Puerto Rico. History —Sept. 27, 2003, No. 281, § 6, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735e/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735e - Rights of a person summoned to serve
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735e - Rights of a person summoned to serve
Any person summoned to serve as a juror shall have the right to: (a) Not be forced to serve as a juror for more than the terms established in § 1735f of this title. (b) Be treated with dignity and decorum by the staff and management of the Judicial Branch with whom he or she enters into contact. (c) Have an adequate place available while in active service in the court. (d) Be summoned to serve as a juror not less than ten (10) days before the date on which attendance is required. (e) Receive salary payments from his employer while in active jury duty and in compliance with the norms approved in this chapter. (f) Receive, while unemployed, or while the leave for jury duty established by this chapter has expired, payment of a fee for each day of service attending the court that is required from him. (g) Receive payment or reimbursement for transportation expenses that were necessarily incurred in order to attend court, in compliance with the regulations approved for such purposes, and to receive transportation supplied by the court when the court believes that there are circumstances so warranting. (h) Receive payment for reimbursement for food expenses while in active service as a juror, in compliance with the regulations approved for such purposes. (i) Not being fired from his or her job or being penalized in any way by his or her employer for the sole fact of having served as a juror. (j) Be covered by the Judicial Division’s worker’s compensation insurance while acting as a juror. History —Sept. 27, 2003, No. 281, § 7, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735f/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735f - Term of service
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735f - Term of service
The duty of any citizen eligible to serve as a juror in the Commonwealth of Puerto Rico shall be during the time it takes to empanel the jury or during the selection process, or while the trial lasts, as provided in this section. If a person duly qualified to serve as a juror appeared in reply to a court summons and were not selected to participate in the empanelling of the jury, or to act as a juror in a criminal proceeding that day, said person shall be relieved from jury duty. If the summoned person were selected to participate in a proceeding to empanel the jury, or to act as a juror in a criminal proceeding, he will have the duty to remain in active service until his participation in the proceeding for which he was selected ends, regardless of the number of days that said proceeding takes. Once a person has complied with his obligation to serve as a juror for one day or for one case, or has been relieved from jury duty, said person cannot be summoned again to serve as a juror until a term of five (5) years has elapsed. Nothing of the above shall prevent a person duly qualified to serve as a juror from remaining in active service as a juror voluntarily for a longer term than is established herein, but in such case he shall not have the right to enjoy a paid leave nor protection for his employment, and shall not be able to remain in active service for a term exceeding three (3) months. History —Sept. 27, 2003, No. 281, § 8, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735g/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735g - Dispensation and deferral
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735g - Dispensation and deferral
The court shall not be able to exempt anyone from serving as a juror for trivial reasons, nor for inconveniences or disturbances in his personal business or personal matters, but may defer service only for the person’s state of health, disease or death of some family member or due to serious danger of detriment or ruin of the person’s property or of that under his custody. As soon as the reason for the dispensation or the deferral disappears, the person may be summoned again. The court may dispense those public servants who, due to the nature of their duties, must be exempt from jury service. These are those under active service in government agencies or dependencies such as the Police, Armed Forces, employees of the Judicial Branch, elected officers and district attorneys, including those in charge of minors and families. History —Sept. 27, 2003, No. 281, § 9, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735h/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735h - People exempt from serving as jurors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735h - People exempt from serving as jurors
The following shall be exempt from serving as a juror: (a) Any attorney, attorney’s paralegal, secretary or stenographer. (b) Any citizen rendering service as a juror in the United States District Court for Puerto Rico during the term for which he was selected. (c) Any woman breast-feeding her minor child and who presents a medical attestation to such fact. History —Sept. 27, 2003, No. 281, § 10; Dec. 26, 2006, No. 300, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735i/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735i - Jury duty leave
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735i - Jury duty leave
(a) Except for the Commonwealth of Puerto Rico’s personnel and officers, any person duly summoned by a court for jury duty shall have the right to accrue the compensation for daily appearance established in the regulations. This compensation shall not be available while the person summoned is enjoying a paid leave. (b) Any personnel or officers of the Commonwealth of Puerto Rico, its agencies, entities or public instrumentalities, of municipal governments, as well as of state or municipal public corporations shall have the right to enjoy a leave with pay and to receive compensation from his or her employer for meals and mileage, according to the regulations of each agency, as if it were an official assignment of such personnel or officers. (c) Any person hired by a private employer, who has been summoned for jury duty in a court, shall have the right to enjoy paid leave from his employer up to a maximum of fifteen (15) work days, and such compensation by daily appearance as established in this Section and determined through the regulations. If due to jury duty it were [sic] necessary for that person to appear before the court for a period longer than the one previously stated, the employee shall have the right to charge the time of absence during jury duty to his regular vacation leave, or to receive the per diem compensation for his appearance, established in the regulations to be approved for such purposes. What is established in this paragraph shall not affect the employee’s rights acquired through collective bargaining concerning this matter. (d) When a person duly summoned for jury duty concludes his appearance before the court, the Court Clerk must issue a certificate with a clear indication of the time spent in that appearance indicating the days and time. (e) To have a right to the protection offered by this chapter, the employee must inform his employer, at least five days before the date for which he has been summoned, of his need for being absent from work in order to comply with jury duty. However, the employer can be given shorter notice if the employee is prevented from complying with his obligation due to the delay with which he received his notice or because of any other justified reason. Once the employee returns to his job he must deliver the referenced certificate to his employer. History —Sept. 27, 2003, No. 281, § 11, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735j/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735j - Nonappearance or refusal to comply
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735j - Nonappearance or refusal to comply
It shall be a felony, conviction upon which shall be sanctioned with a fee of not less than five hundred (500) dollars, for any person who meets the requirements for jury duty established in this chapter, who incurs in the following conduct: (1) Unjustified refusal to provide the Bureau of the Jury Duty Administration or the court with the necessary information to achieve the objectives of this chapter. (2) Providing false information to the Bureau the Jury Duty Administration or the court. (3) Failure to appear before the court to perform jury duty although duly required or summoned for such purpose. (4) Unjustified refusal of jury duty without having been duly excused or deferred from it. History —Sept. 27, 2003, No. 281, § 12, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735k/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735k - Employer’s penalty for firing or other discriminatory acts
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735k - Employer’s penalty for firing or other discriminatory acts
(a) Any employer who authorizes, consents or performs a firing, and any person who threatens with firing, dismissal, or dismisses, suspends, reduces the salary, lowers the category or imposes or intends to impose onerous work conditions on an employee for the fact that said employee has been summoned to serve, is serving or will serve as a juror, or who for such reason refuses to reinstate or reinstates in a lower category or with a lower remuneration than that held when the jury duty began, as long as the provisions of this chapter are complied with, shall incur in civil liability: (1) For an amount equal to the damages that the act has caused to the worker, or for one thousand dollars ($1,000), whichever is greater; or (2) for an amount of not less than one thousand dollars ($1,000) nor greater than three thousand dollars ($3,000), at the discretion of the court, if money damages cannot be determined. In the civil action filed in agreement with the previous provisions, the court may order the employer to reinstate the worker in his job and to cease and desist from the action in question. (b) Any public or private employer is hereby banned from discounting salary, or vacation or sickness leave, from his employees during the days and hours that a duly summoned employee uses to appear as a jury before a court, except as is set forth. Any employee who has complied with the provisions of this chapter and whose salary or vacation or sickness leave is illegally discounted, shall have the right to collect the difference owed to him, plus an equal amount that he has not received, corresponding to additional compensation, apart from legal costs, expenses, interests and attorney’s fees, the latter in a reasonable amount, never below one thousand dollars ($1,000). (c) The civil actions established in subsections (a) and (b) may be filed by the employee or by the Secretary of Labor and Human Resources, in the latter’s name, through the procedure determined in §§ 2871 et seq. of Title 32, known as the “Controversies and Provisional Legal Status Act,” through the special proceeding established by law for labor claims or through a regular civil action, at the employee’s choice. History —Sept. 27, 2003, No. 281, § 13, eff. 180 days after Sept. 27, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-viii/chapter-120/1735l/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l)›Chapter 120 - Jury Service Administration (§§ 1735 — 1735l)›§ 1735l - Regulation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART VIII - Miscellaneous Proceedings (§§ 1461 — 1735l) › Chapter 120 - Jury Service Administration (§§ 1735 — 1735l) › § 1735l - Regulation
The Supreme Court of Puerto Rico shall establish by regulation that must be approved prior to July 1, 2004, all such rules and regulations needed for the implementation of this chapter, including but without being limited to, the procedure to be used to prepare the register of the jurors, for the total or partial challenge of that register, for the qualification of persons selected for the register, for summoning such people, for the adjudication of exemption or deferral petitions, for the judicial review of the final decisions of the Director of the Bureau and for any other purpose that meet the purposes of this chapter. History —Sept. 27, 2003, No. 281, § 14; Mar. 24, 2004, No. 82, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1741/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1741 - Persons entitled to prosecute writ of habeas corpus
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1741 - Persons entitled to prosecute writ of habeas corpus
(a) Every person unlawfully imprisoned or restrained of his liberty may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint. (b) No judge shall be under the obligation to consider a writ of habeas corpus to inquire into the validity of the detention of a person imprisoned by virtue of a judgment given by any Part of the Court of First Instance, if it is shown that the legality of said detention has already been determined by any judge of Court of First Instance by reason of a former writ of habeas corpus, and the new writ does not bring up any argument not having been produced or adjudged before, and the judge or court is convinced that the granting of the writ shall not serve the purposes of justice. (c) No judge shall consider a writ of habeas corpus prosecuted by an inmate imprisoned by virtue of a final judgment which has not exhausted the remedy provided by Rule 192.1 of the Rules of Criminal Procedure, App. II of this title. If denied after having been prosecuted, the court shall not consider a writ of habeas corpus unless it may appear from the remedy provided by Rule 192.1 that it was inadequate or ineffective to challenge the validity of the detention. —Code Crim. Proc., 1935, § 469; Apr. 11, 1968, No. 18, p. 28, § 1. History
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1742/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1742 - Petition for writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1742 - Petition for writ
Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify: (1) That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he is so confined or restrained, and the place where, naming all the parties, if they are known, or describing them, if they are not known. (2) If the imprisonment is alleged to be illegal, the petition must also state in what the alleged illegality consists. (3) The petition must be verified by the oath of the party making the application. History —Code Crim. Proc., 1935, § 470.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1743/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1743 - Courts and judges authorized to grant writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1743 - Courts and judges authorized to grant writ
The writ of habeas corpus may be granted: (1) By the Supreme Court, or any justice thereof, or by the district court or any judge thereof, upon petition by or on behalf of any person restrained of his liberty. When so issued it may be made returnable before the court or the judge issuing the same. (2) By the district court, or a judge thereof, upon petition by or on behalf of any person restrained of his liberty, in the respective district in which said court has jurisdiction. History —Code Crim. Proc., 1935, § 471.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1744/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1744 - Writ to be granted without delay
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1744 - Writ to be granted without delay
Any court or judge authorized to grant the writ, to whom a petition therefor, is presented, must, if it appear that the writ ought to issue, grant the same without delay. History —Code Crim. Proc., 1935, § 472.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1745/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1745 - Terms of writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1745 - Terms of writ
The writ must be directed to the person having custody of or restraining the person on whose behalf the application is made, and must command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified. History —Code Crim. Proc., 1935, § 473.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1746/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1746 - Delivery and service of writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1746 - Delivery and service of writ
If the writ is directed to any ministerial officer of the court out of which it issues, it must be delivered by the clerk to such officer without delay, as other writs are delivered for service. If it is directed to any other person, it must be delivered to such officer, and be by him served upon such person by delivering the same to him without delay. If the person to whom the writ is directed cannot be found, or refuses admittance to the officer or person serving or delivering such writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint. History —Code Crim. Proc., 1935, § 474.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1747/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1747 - Commitment for refusal to obey writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1747 - Commitment for refusal to obey writ
If the person to whom the writ is directed refuses, after service, to obey the same, the court or judge, upon affidavit, must issue an attachment against such person, directed to any officer, commanding him forthwith to apprehend such person, and bring him immediately before such court or judge; and upon being so brought, he must be committed to jail until he makes due return to such writ, or is otherwise legally discharged. History —Code Crim. Proc., 1935, § 475.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1748/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1748 - Return
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1748 - Return
The person upon whom the writ is served must state in his return, plainly and unequivocally: (1) Whether he has or has not the party in his custody, or under his power or restraint. (2) If has the party in his custody or power, or under his restraint, he must state the authority and cause of such imprisonment or restraint. (3) If the party is detained by virtue of any writ, warrant, or other written authority, a copy thereof must be annexed to the return, and the original produced and exhibited to the court or judge on the hearing of such return. (4) If the person upon whom the writ is served had the party in his power or custody, or under his restraint at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority, such transfer took place. (5) The return must be signed by the person making the same, and, except when such person is a sworn public officer, and makes such return in his official capacity, it must be verified by his oath. History —Code Crim. Proc., 1935, § 476.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1749/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1749 - Production of person
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1749 - Production of person
The person to whom the writ is directed, if it is served, must bring the body of the party in his custody or under his restraint, according to the command of the writ, except in the cases specified in § 1750 of this title. History —Code Crim. Proc., 1935, § 477.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1750/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1750 - Sickness or infirmity of person in custody
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1750 - Sickness or infirmity of person in custody
When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ, verifying the same by affidavit. If the court or judge is satisfied of the truth of such return, and the return to the writ is otherwise sufficient, the court or judge may proceed to decide on such return and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced. History —Code Crim. Proc., 1935, § 478.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1751/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1751 - Hearing or examination of return and other matters
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1751 - Hearing or examination of return and other matters
The court or judge before whom the writ is returned must, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to the hearing and consideration. History —Code Crim. Proc., 1935, § 479.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1752/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1752 - Procedure for hearing of case
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1752 - Procedure for hearing of case
The party brought before the court or judge, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The court or judge must thereupon proceed in a summary way to hear such proof as may be produced against such imprisonment or detention, or in favor of the same, and to dispose of such party as the justice of the case may require, and have full power and authority to require and compel the attendance of witnesses, by process of subpoena and attachment, and to do and perform all other acts and things necessary to a full and fair hearing and determination of the case. History —Code Crim. Proc., 1935 § 480.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1753/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1753 - Discharge if no legal cause shown for custody or restraint
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1753 - Discharge if no legal cause shown for custody or restraint
If no legal cause is shown for such imprisonment or restraint, or for the continuation thereof, such court or judge must discharge such party from the custody or restraint under which he is held. History —Code Crim. Proc., 1935, § 481.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1754/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1754 - Remand of person in custody under process, etc
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1754 - Remand of person in custody under process, etc
The court or judge, if the time during which such party may be legally detained in custody has not expired, must remand such party, if it appears that he is detained in custody: (1) By virtue of process issued by the court or judge of the United States district court, in a case where such court or judge has exclusive jurisdiction, or (2) by virtue of a warrant or final judgment or decree of any competent court of criminal jurisdiction, or of any process issued upon such warrant, judgment, or decree. History —Code Crim. Proc., 1935, § 482.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1755/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1755 - Grounds for discharge of prisoner in custody under process
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1755 - Grounds for discharge of prisoner in custody under process
If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of Puerto Rico, or judge, or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of § 1754 of this title: (1) When the jurisdiction of such court or officer has been exceeded. (2) When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has become entitled to a discharge. (3) When the process is defective in some matter of substance required by law rendering such process void. (4) When the process, though proper in form, has been issued in a case not allowed by law. (5) When the person having custody of the prisoner is not the person allowed by law to detain him. (6) Where the process is not authorized by any order, judgment, or decree of any court, nor by any provision of law. (7) Where a party has been committed on a criminal charge without reasonable or probable cause. History —Code Crim. Proc., 1935, § 483.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1756/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1756 - Procedural error in the order of incarceration
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1756 - Procedural error in the order of incarceration
When a person has been incarcerated, or is in the custody of any official by virtue of a criminal charge, under any order for arrest issued by a judge of the Court of First Instance, that person can not be released from prison because there is a defect of form in said order. History —Code Crim. Proc., 1935, § 484; Jan. 5, 2000, No. 19, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1757/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1757 - Procedure on commitment for criminal offense
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1757 - Procedure on commitment for criminal offense
If it appears to the court or judge, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the court or judge, that the party is guilty of a criminal offense, or ought not to be discharged, such court or judge, although the charge is defective or unsubstantially set forth in such process or warrant of commitment, must cause the complainant or other necessary witnesses to be subpoenaed to attend at such time as ordered, to testify before the court or judge; and upon the examination he may discharge such prisoner, let him to bail, if the offense be bailable, or recommit him to custody, as may be just and legal. History —Code Crime. Proc., 1935, § 485.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1758/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1758 - Writ for person committed on criminal charge
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1758 - Writ for person committed on criminal charge
Any person who has been committed on a criminal charge may be brought before a judge on a writ of habeas corpus, if the writ issues out of the proper court. History —Code Crim. Proc., 1935, § 486.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1759/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1759 - Remand to custody
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1759 - Remand to custody
If a party brought before the court or judge on the return of the writ is not entitled to his discharge, and is not bailed, where such bail is allowable, the court or judge must demand him to custody or place him under the restraint from him which he was taken, if the person under whose custody or restraint he was is legally entitled thereto. History —Code Crim. Proc., 1935, § 487.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1760/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1760 - Recommitment to proper custody
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1760 - Recommitment to proper custody
In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge or court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto. History —Code Crim. Proc., 1935, § 488.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1761/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1761 - Custody pending judgment on return
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1761 - Custody pending judgment on return
Until judgment is given on the return, the court or judge before whom any party may be brought on such writ may commit him to the custody of the warden of the jail, or place him in such care or under such custody as his age or circumstances may require. History —Code Crim. Proc., 1935, § 489.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1761a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1761a - Bond
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1761a - Bond
The court or judge before whom any party may be brought on a writ of habeas corpus may, after a hearing before the prosecutor, fix a bail to the petitioner for his discharge until judgment is given on such petition. History —Code Crim. Proc., 1935, added as § 489(a) on June 23, 1971, No. 62, p. 195, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1761b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1761b - Bond—Limitation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1761b - Bond—Limitation
The writ of habeas corpus may not be used to reduce the amount of bail, without first exhausting the procedure established in Rule 218 of Criminal Procedure, App. II of this title. History —Code Crim. Proc., 1935, added as § 489(b) on July 20, 1979, No. 177, p. 482, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1762/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1762 - Defects in form of writ
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1762 - Defects in form of writ
No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court or judge before whom he is to be brought. History —Code Crim. Proc., 1935, § 490.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1763/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1763 - Imprisonment or restraint for same cause after discharge
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1763 - Imprisonment or restraint for same cause after discharge
No person who has been discharged by order of the court or judge upon habeas corpus can be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases: (1) If he has been discharged from custody on a criminal charge, and is afterwards committed for the same offense, by legal order or process. (2) If, after a discharge for defect of proof, or for any defect of the process, warrant, or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the preceding offense. History —Code Crim. Proc., 1935, § 491.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1764/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1764 - Warrant in lieu of habeas corpus
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1764 - Warrant in lieu of habeas corpus
When it appears to any court or judge, authorized by law to issue the writ of habeas corpus, that any one is illegally held in custody, confinement, or restraint, and that there is reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, such court or judge may cause a warrant to be issued, reciting the facts, and directed to any court officer, commanding such officer to take such person thus held in custody, confinement, or restraint, and forthwith bring him before such court or judge to be dealt with according to law. History —Code Crim. Proc., 1935, § 492.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1765/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1765 - Warrant in lieu of habeas corpus—Arrest of person having custody
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1765 - Warrant in lieu of habeas corpus—Arrest of person having custody
The court or judge may also insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. History —Code Crim. Proc., 1935, § 493.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1766/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1766 - Warrant in lieu of habeas corpus—Execution of warrant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1766 - Warrant in lieu of habeas corpus—Execution of warrant
The officer to whom such warrant is delivered must execute it by bringing the person therein named before the court or judge who directed the issuing of such warrant. History —Code Crim. Proc., 1935, § 494.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1767/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1767 - Warrant in lieu of habeas corpus—Return to warrant; trial
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1767 - Warrant in lieu of habeas corpus—Return to warrant; trial
The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial may thereupon be had as upon a return to a writ of habeas corpus. History —Code Crim. Proc., 1935, § 495.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1768/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1768 - Warrant in lieu of habeas corpus—Discharge or remand to custody
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1768 - Warrant in lieu of habeas corpus—Discharge or remand to custody
If such party is held under illegal restraint or custody, he must be discharged; and if not, he must be restored to the care or custody of the person entitled thereto. History —Code Crim. Proc., 1935, § 496.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1769/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1769 - Writ of process—Time of issue and service
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1769 - Writ of process—Time of issue and service
Any writ or process authorized by §§ 1741 et seq. of this title may be issued and served on any day or at any time. History —Code Crim. Proc., 1935, § 497.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1770/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1770 - Writ of process—Issue by clerk; seal; time for service and return
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1770 - Writ of process—Issue by clerk; seal; time for service and return
All writs, warrants, process, and subpoenas authorized by the provisions of §§ 1741 et seq. of this title must be issued by the clerk of the court, and, except subpoenas, must be sealed with the seal of such court, and served and returned forthwith, unless the court or judge shall specify particular time for any such return. History —Code Crim. Proc., 1935, § 498.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1771/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1771 - Writ of process—Place of return and hearing
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1771 - Writ of process—Place of return and hearing
All such writs and process, when made returnable before a judge, must be returned before him at the place of holding court, and there heard and determined. History —Code Crim. Proc., 1935, § 499.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1772/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1772 - Penalty for refusal to grant or obey writ of habeas corpus
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1772 - Penalty for refusal to grant or obey writ of habeas corpus
If any judge, after a proper application is made, refuses to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding one thousand (1,000) dollars, to be recovered by action in any court of competent jurisdiction. History —Code Crim. Proc., 1935, § 500.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1773/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1773 - Appeal to Supreme Court—By any party
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1773 - Appeal to Supreme Court—By any party
An appeal may be taken to the Supreme Court of Puerto Rico from the final order of a court or judge upon the return of the writ of habeas corpus, by any party to the proceedings, aggrieved thereby. History —Mar. 12, 1903, p. 102, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1774/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1774 - Appeal to Supreme Court—By People; discharge on bail not stayed
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1774 - Appeal to Supreme Court—By People; discharge on bail not stayed
An appeal from a final order discharging a prisoner committed upon a criminal accusation or admitting him to bail may be taken in the name of The People of Puerto Rico either by the district attorney of the proper district, or by the Fiscal of the Supreme Court, of by the Secretary of Justice, or by the counsel duly authorized by the Secretary of Justice. An appeal so taken from an order admitting a prisoner to bail or reducing the amount thereof shall not stay the discharge of the prisoner upon bail. History —Mar. 12, 1903, p. 102, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1775/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1775 - Appeal to Supreme Court—Notice of appeal; abatement
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1775 - Appeal to Supreme Court—Notice of appeal; abatement
No appeal shall take effect until after the written notice thereof has been duly given to the adverse party. An appeal so taken shall not be abated by the happening of any events subsequent to the entry of the final order except the death of the prisoner. History —Mar. 12, 1903, p. 102, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1776/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1776 - Appeal to Supreme Court—Bail pending appeal by prisoner; transmittal of record
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1776 - Appeal to Supreme Court—Bail pending appeal by prisoner; transmittal of record
Where a prisoner charged with a bailable offense takes an appeal from a final order made upon the return of the writ, and makes application to the court of judge and due notice thereof has been given to the district attorney of the district, it shall be the duty of the said court or judge to enter an order fixing bail pending the appeal, and the prisoner upon perfecting his appeal shall be admitted to bail as prescribed by said order. An appeal is perfected by [giving] written notice to the court or judge making the order appealed from and to the adverse party. Bail bonds shall be conditioned that the prisoner shall appear at the term of court to which the appeal is taken and abide by and perform the judgment of orders of said court. The bond shall be approved by the court or judge whence the appeal is taken or by a judge of the Supreme Court, and thereupon the prisoner shall be discharged. The court or judge from whose order the appeal is taken shall transmit to the Supreme Court all the proceedings resulting in said order. History —Mar. 12, 1903, p. 102, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1777/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1777 - Appeal to Supreme Court—Final order of Supreme Court; proceedings on
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1777 - Appeal to Supreme Court—Final order of Supreme Court; proceedings on
The final order of the Supreme Court determining an appeal shall be transmitted to the court or judge from whose order the appeal was taken, and such proceedings may be had before the last named court or judge as may be necessary to carry said final determination into effect. History —Mar. 12, 1903, p. 102, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1778/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1778 - Appeal to Supreme Court—Precedence; determination of appeals
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1778 - Appeal to Supreme Court—Precedence; determination of appeals
Appeals in habeas corpus proceedings shall take precedence of all other cases in the Supreme Court and shall be heard with reasonable dispatch. They shall be determined on the law and the facts arising upon the record. History —Mar. 12, 1903, p. 102, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1779/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1779 - Appeal to Supreme Court—Finality of judgment of Supreme Court; further applications
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1779 - Appeal to Supreme Court—Finality of judgment of Supreme Court; further applications
The judgment of the Supreme Court upon appeals in habeas corpus proceedings shall be final and conclusive and no further application in the same case can be made except in the cases specially provided for by law. History —Mar. 12, 1903, p. 102, § 7.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-ix/chapter-121/1780/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART IX - Habeas Corpus (§§ 1741 — 1780)›Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780)›§ 1780 - Appeal to Supreme Court—Finality of orders not appealed from; further applications
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART IX - Habeas Corpus (§§ 1741 — 1780) › Chapter 121 - Proceedings for Habeas Corpus (§§ 1741 — 1780) › § 1780 - Appeal to Supreme Court—Finality of orders not appealed from; further applications
All orders rendered by the Court of First Instance or by a judge thereof, or by a judge of the Supreme Court upon the hearing of the return of the writ of habeas corpus and not appealed from, shall be final and conclusive and no further application in the same case can be made except in the cases specially provided for by law. History —Mar. 12, 1903, p. 102, § 8.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-x/chapter-127/1819/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART X - Search Warrants (§§ 1811 — 1821)›Chapter 127 - Generally (§§ 1811 — 1821)›§ 1819 - Breaking into house or thing to execute warrant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART X - Search Warrants (§§ 1811 — 1821) › Chapter 127 - Generally (§§ 1811 — 1821) › § 1819 - Breaking into house or thing to execute warrant
The officer, internal revenue agent, or income tax inspector, within the functions of his office, may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if after notice of his authority and purpose, he is refused admittance. History —Code Crim. Proc., 1935, § 509; Mar. 21, 1942, No. 10, p. 302, § 1, eff. 90 days after Mar. 21, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-x/chapter-127/1820/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART X - Search Warrants (§§ 1811 — 1821)›Chapter 127 - Generally (§§ 1811 — 1821)›§ 1820 - Breaking into house to liberate assistant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART X - Search Warrants (§§ 1811 — 1821) › Chapter 127 - Generally (§§ 1811 — 1821) › § 1820 - Breaking into house to liberate assistant
He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. History —Code Crim. Proc., 1935, § 510.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881 - Definitions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881 - Definitions
Where appearing in this chapter, the term “Governor” includes any person performing the functions of Governor by authority of the law of the Commonwealth of Puerto Rico. The term “executive authority” includes the Governor, and any person performing the functions of Governor in a state other than the Commonwealth of Puerto Rico, and the term “state” shall include any state, or territory or district, organized or unorganized, of the United States of America. History —May 24, 1960, No. 4, p. 4, § 1, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881a - Fugitives from justice; duty of Governor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881a - Fugitives from justice; duty of Governor
Subject to the provisions of this chapter, it is the duty of the Governor of the Commonwealth of Puerto Rico to have arrested and delivered up to the executive authority of any state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in the Commonwealth of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 2, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881b - Form of demand
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881b - Form of demand
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 1881e of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state; and unless the demand is accompanied by a copy of the indictment or of the information supported by affidavit made in the state having jurisdiction of the offense, or by a copy of an affidavit made before a magistrate of said state, together with a copy of any warrant of arrest or commitment issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. History —May 24, 1960, No. 4, p. 4, § 3, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881c - Governor may investigate case
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881c - Governor may investigate case
When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Secretary of Justice to investigate or assist in investigating the demand, and to report to him the situation and the circumstances of the person so demanded, with his recommendations as to whether or not he ought to be surrendered. History —May 24, 1960, No. 4, p. 4, § 4, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881d - Extradition of persons imprisoned or awaiting trial in a state or who have left the demand...
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881d - Extradition of persons imprisoned or awaiting trial in a state or who have left the demanding state under compulsion
When it is desired to have returned to the Commonwealth of Puerto Rico a person charged therein with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor may agree with the executive authority of that state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such state, upon condition that such person be returned to that state at the expense of the Commonwealth as soon as the prosecution in this jurisdiction is terminated. In like manner, when it is desired to have returned to a demanding state a person charged in said state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in the Commonwealth of Puerto Rico, the executive authority of the demanding state may agree with the Governor of the Commonwealth of Puerto Rico for the extradition of such person before the conclusion of such proceedings or his term of sentence in the Commonwealth of Puerto Rico; upon condition that such person be returned to the Commonwealth of Puerto Rico at the expense of the demanding state as soon as the prosecution in that jurisdiction is terminated. The Governor may also surrender on demand of the executive authority of any state any person in Puerto Rico who is charged in the manner provided in § 1881v of this title with having violated the laws of the state whose executive authority is making the demand, even though such person lift the demanding state involuntarily. History —May 24, 1960, No. 4, p. 4, § 5, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881e - Extradition of persons not present in demanding state at time of crime
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881e - Extradition of persons not present in demanding state at time of crime
The Governor may also surrender, on demand of the executive authority of any state, any person in Puerto Rico charged in the demanding state, in the manner provided in § 1881b of this title, with committing an act in Puerto Rico, or in any other state, intentionally resulting in a crime in the state whose executive authority is making the extradition demand; and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. History —May 24, 1960, No. 4, p. 4, § 6, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881f/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881f - Warrant of arrest—Recitals
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881f - Warrant of arrest—Recitals
If it is decided that the demand should be complied with, the Governor, through the Secretary of Justice, shall solicit a judge of the Court of First Instance of Puerto Rico to issue the warrant of arrest, which shall be sealed with the seal of the Court of First Instance of Puerto Rico and be directed to any peace officer or other person who is fit to be entrusted with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. History —May 24, 1960, No. 4, p. 4, § 7, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881g/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881g - Warrant of arrest—Manner and place of execution
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881g - Warrant of arrest—Manner and place of execution
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the boundaries of the Commonwealth, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state. History —May 24, 1960, No. 4, p. 4, § 8, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881h/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881h - Warrant of arrest—Authority of arresting officer
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881h - Warrant of arrest—Authority of arresting officer
Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with penalties against those who refuse their assistance as provided in § 139 of the Penal Code. History —May 24, 1960, No. 4, p. 4, § 9, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881i/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881i - Rights of accused person; application for writ of habeas corpus
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881i - Rights of accused person; application for writ of habeas corpus
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of the Court of First Instance of Puerto Rico, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and to procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the jurisdiction in which the arrest is made and to the said agent appointed by the executive authority of the demanding state; Provided, That the judge of the Court of First Instance shall fix bail for the person detained as provided in § 1881o of this title, or shall order his commitment to jail while the writ of habeas corpus is being processed and passed upon. History —May 24, 1960, No. 4, p. 4, § 10, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881j/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881j - Penalty
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881j - Penalty
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the warrant issued by the corresponding judge of the Court of First Instance, in wilful disobedience to § 1881i of this title shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $ 1,000 or be imprisoned not more than six (6) months, or both penalties, in the discretion of the court. History —May 24, 1960, No. 4, p. 4, § 11, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881k/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881k - Confinement in jail when necessary
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881k - Confinement in jail when necessary
The officer or person executing the warrant of arrest issued by the judge of the corresponding court may, when necessary, confine the prisoner, on a confinement order issued by the corresponding judge of the Court of First Instance of Puerto Rico, in the jail of any city or town through which he may pass; and the jail warden or superintendent must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route. The agent of a demanding state to whom a prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any city or town through which he may pass, and the jail warden or superintendent must receive and safely keep the prisoner until the agent of the demanding state is ready to proceed on his route; Provided, That said agent of the demanding state shall produce and show the jail warden or superintendent written evidence of the fact that he is actually transporting such prisoner to the demanding state. The prisoner in such case may be confined in jail without the necessity of a confinement order. Provided, further, That when the confinement is made on petition of the agent of the demanding state, such agent shall be chargeable with the expense of keeping. The officer or agent of the demanding state to whom a person may have been delivered following extradition proceedings in another state, or to whom a person may have been delivered after waiving extradition in such other state and who is passing through the Commonwealth of Puerto Rico with such a person for the purpose of returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any city or town through which he may pass. The jail warden must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route; Provided, That such agent shall be chargeable with the expense of keeping; Provided, further, That such officer or agent shall produce and show the jail warden written evidence of the fact that he is actually transporting such prisoner to the demanding state after the corresponding requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in Puerto Rico. In such a case, the prisoner may be confined in jail without the necessity of a confinement order. History —May 24, 1960, No. 4, p. 4, § 12, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881l/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881l - Arrest prior to requisition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881l - Arrest prior to requisition
Whenever any person within the Commonwealth of Puerto Rico shall be charged on the oath of any credible person before a magistrate of the Court of First Instance of Puerto Rico with the commission of any crime in any other state and, except in cases arising under § 1881e of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any magistrate in Puerto Rico setting forth on the affidavit of any credible person in another state that a crime has been committed in such a state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 1881e of this title, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole and is believed to be in Puerto Rico, the magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in the Island, and to bring him before the same or any other magistrate of the same court that may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. History —May 24, 1960, No. 4, p. 4, § 13, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881m/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881m - Arrest without a warrant
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881m - Arrest without a warrant
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year, but when so arrested the accused must be taken before a magistrate of a Court of First Instance with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in § 1881 l of this title; and thereafter his answer shall be heard as if he had been arrested on a warrant. History —May 24, 1960, No. 4, p. 4, § 14, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881n/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881n - Commitment to await requisition; bail
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881n - Commitment to await requisition; bail
If from the examination before a magistrate of the Court of First Instance it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 1881e of this title, that he has fled from justice, the magistrate must, by a warrant reciting the accusation or complaint, commit him to jail for such a time not exceeding thirty (30) days and specified in the warrant, as will enable to arrest of the accused to be made under a warrant of the judge of the Court of First Instance on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in § 1881o of this title, or until he shall be legally discharged. History —May 24, 1960, No. 4, p. 4, § 15, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881o/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881o - Bail; in what cases; conditions of bond
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881o - Bail; in what cases; conditions of bond
The magistrates of Puerto Rico may admit any person arrested according to the preceding provisions to bail by bond, with sufficient sureties, and in such sum as they deem proper, conditioned for his appearance before them at a time specified in such bond and for his surrender, to be arrested upon the warrant of a judge of the Court of First Instance of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 16, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881p/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881p - Extension of time commitment; adjournment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881p - Extension of time commitment; adjournment
If the accused is not arrested under warrant of a judge of the Court of First Instance by the expiration of the time specified in the warrant or bond, a magistrate may discharge him or may recommit him for a further period not to exceed sixty (60) days, or a magistrate may again take bail for his appearance, or for his surrender, as provided in § 1881o of this title, but within a period not to exceed sixty (60) days after the date of such new bond. History —May 24, 1960, No. 4, p. 4, § 17, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881q/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881q - Forfeiture of bail
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881q - Forfeiture of bail
If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the magistrate shall by proper order declare the bond forfeited and order his immediate arrest without warrant if he be within Puerto Rico. Recovery may be had on such bond in the name of The People of Puerto Rico as in the case of other bonds given by the accused in criminal proceedings within Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 18, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881r/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881r - Persons under criminal prosecution in Puerto Rico at time of requisition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881r - Persons under criminal prosecution in Puerto Rico at time of requisition
If a criminal prosecution has been instituted against such person under the laws of Puerto Rico and is still pending, the Governor may, in his discretion, either surrender him on demand of the Executive Authority of another state or hold him until he has been tried and discharged or convicted and punished in Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 19, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881s/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881s - Guilt or innocence of accused, when inquired into
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881s - Guilt or innocence of accused, when inquired into
The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as above provided, shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. History —May 24, 1960, No. 4, p. 4, § 20, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881t/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881t - Recall warrant or issue alias
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881t - Recall warrant or issue alias
The judge of the Court of First Instance of Puerto Rico who issued the warrant of arrest to hold the person claimed may recall his warrant of arrest or issue another warrant whenever he deems proper. History —May 24, 1960, No. 4, p. 4, § 21, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881u/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881u - Fugitives from Puerto Rico; duty of Governor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881u - Fugitives from Puerto Rico; duty of Governor
Whenever the Governor of Puerto Rico shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation, or parole, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of Puerto Rico, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer in the jurisdiction of Puerto Rico in which the offense was committed. History —May 24, 1960, No. 4, p. 4, § 22, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881v/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881v - Application for issuance of requisition; by whom made; contents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881v - Application for issuance of requisition; by whom made; contents
(1) When the return to Puerto Rico of a person charged with crime in Puerto Rico is required, the Secretary of Justice shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that, in the opinion of the Secretary of Justice, the ends of justice require the arrest and return to Puerto Rico of said person for trial and that the proceeding is not instituted to enforce a particular or private claim. (2) When the return to Puerto Rico is required of a person who has been convicted of a crime therein and has escaped from confinement or broken the terms of his bail, probation, or parole, the Secretary of Justice shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made. The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned or of the complaint filed, or of the judgment rendered by the corresponding court, and of certified copies in duplicate of the affidavits which where the basis for the determination of probable cause. The Secretary of Justice may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. Once copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, sentence, and affidavits shall be filed in the office of the Secretary of State. The other copies of all papers shall be forwarded with the Governor’s requisition. History —May 24, 1960, No. 4, p. 4, § 23, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881w/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881w - Expenses
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881w - Expenses
The expenses incurred in the extradition proceedings for and the return to Puerto Rico of the persons claimed by the Governor of the Commonwealth of Puerto Rico according to the preceding provisions shall be defrayed from the budget of expenses of the Department of Justice of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 24, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881x/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881x - Immunity from service of process in certain civil actions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881x - Immunity from service of process in certain civil actions
A person brought into Puerto Rico by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned to Puerto Rico, until he has been convicted in said criminal proceeding, or, if acquitted, until he has reasonable opportunity to return to the state from which he was extradited. History —May 24, 1960, No. 4, p. 4, § 25, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881y/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881y - Written waiver of extradition proceedings
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881y - Written waiver of extradition proceedings
Any person arrested in Puerto Rico charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation, or parole may waive the issuance and service of the warrant provided for in §§ 1881f and 1881g of this title and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of one of the judges of the Court of First Instance of Puerto Rico a writing such states that he consents to return to the demanding state; Provided, however, That before such waiver shall be executed or subscribed by such person it shall be the duty of such magistrate to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 1881i of this title. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of Puerto Rico and filed therein. The magistrate shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; Provided, however, That nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of the Commonwealth of Puerto Rico. History —May 24, 1960, No. 4, p. 4, § 26, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881z/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881z - Nonwaiver by Commonwealth of Puerto Rico
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881z - Nonwaiver by Commonwealth of Puerto Rico
Nothing in this chapter contained shall be deemed to constitute a waiver by the Commonwealth of Puerto Rico of its right, power or privilege to try such demanded person for crime committed within Puerto Rico, or of its rights, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed herein, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by the Commonwealth of Puerto Rico of any of its rights, privileges, or jurisdiction in any way whatsoever. History —May 24, 1960, No. 4, p. 4, § 27, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881aa/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881aa - No right of asylum; no immunity from other criminal prosecutions while in Puerto Rico
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881aa - No right of asylum; no immunity from other criminal prosecutions while in Puerto Rico
After a person has been brought back to Puerto Rico by, or after waiver of, extradition proceedings, he may be tried here for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition. History —May 24, 1960, No. 4, p. 4, § 28, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xi/chapter-135/1881bb/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb)›Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb)›§ 1881bb - Interpretation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XI - Proceedings Against Fugitives From Justice (§§ 1861 — 1881bb) › Chapter 135 - Criminal Extradition (§§ 1881 — 1881bb) › § 1881bb - Interpretation
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the laws of those states which enact it. History —May 24, 1960, No. 4, p. 4, § 29, eff. 30 days after May 24, 1960.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1974/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1974 - Asylums or industrial schools for children—Assisting escape from
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1974 - Asylums or industrial schools for children—Assisting escape from
It is hereby prohibited to permit, assist, advise, or induce, either directly of indirectly, any person confined in an asylum or industrial school for children in Puerto Rico to flee, hide himself, or remain outside of said asylum or industrial school. History —Apr. 14, 1942, No. 32, p. 428, § 1, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1975/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1975 - Asylums or industrial schools for children—Disturbing order, work, or discipline
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1975 - Asylums or industrial schools for children—Disturbing order, work, or discipline
It is prohibited that any person foreign thereto who may be disturbing the order, the work, or the discipline of said institution, remain within or in the vicinity of the lands where said asylums or industrial schools for children are located. History —Apr. 14, 1942, No. 32, p. 428, § 2, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1976/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1976 - Asylums or industrial schools for children—Penalties
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1976 - Asylums or industrial schools for children—Penalties
Every violation of the provisions of §§ 1974-1977 of this title shall constitute a misdemeanor, and the person accused, once convicted, shall be punished by a maximum fine of one hundred (100) dollars or by one day in jail for each dollar he fails to pay, for a term not exceeding ninety (90) days; and for subsequent violations, a minimum penalty of one (1) month in jail and a maximum of two (2) years. History —Apr. 14, 1942, No. 32, p. 428, § 3, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-145/1977/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 145 - Institutions (§§ 1941 — 1977)›§ 1977 - Asylums or industrial schools for children—Definition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 145 - Institutions (§§ 1941 — 1977) › § 1977 - Asylums or industrial schools for children—Definition
For the purposes of §§ 1974-1977 of this title, asylums and industrial schools shall be understood to be the Ana Roque Duprey Industrial School for Girls, at Ponce, and the Commonwealth Industrial School for Boys, at Mayaguez, and also all those of an identical nature that may hereafter be established. History —Apr. 14, 1942, No. 32, p. 428, § 4, eff. 90 days after Apr. 14, 1942.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2201/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2201 - Title, nature and application
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2201 - Title, nature and application
This chapter shall be known as the “Puerto Rico Minors’ Act.” Its provisions shall be applicable with preference over other laws, and in case of conflict, the special principles of this chapter shall prevail. History —July 9, 1986, No. 88, p. 276, § 1, eff. 180 days after July 9, 1986.