P.R. Laws tit. 34, § 1881i

2019-02-21 00:00:00+00
§ 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.