P.R. Laws tit. 34, § 1741

2019-02-21
§ 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.

History

—Code Crim. Proc., 1935, § 469; Apr. 11, 1968, No. 18, p. 28, § 1.