P.R. Laws tit. 34, § 1881v

2019-02-21 00:00:00+00
§ 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.