P.R. Laws tit. 3, § 293x

2019-02-20 00:00:00+00
§ 293x. Office of the General Prosecutor—General Prosecutor; functions and duties

The General Prosecutor shall direct the Office created by §§ 291—295u of this title and shall be responsible for supervising District Attorney Offices and all specialized divisions, work units and programs under his/her direction, as provided for in § 291—295u of this title, as well as those commissioned by the Secretary. The General Prosecutor shall designate a General Deputy Prosecutor in consultation with the Secretary from among the Prosecuting Attorneys appointed by the Governor and confirmed by the Senate of Puerto Rico, to assist him/her in his/her functions.

In addition to the duties assigned by the Secretary or imposed by law, he/she shall discharge the following duties, without it being construed as a limitation:

(a) Appear before any court or administrative body personally or through the officials under his/her supervision, in relation to any matter under investigation.

(b) Supervise the work of prosecutors and his/her support personnel, collaborate with prosecutors in the discharge of their responsibilities and ascertain that each prosecutor at the prosecutor’s offices, divisions or programs has a reasonable and equitable workload.

(c) Supervise, in coordination with the Secretary, the operation and implementation of the programs established or to be established in the future to offer protection and assistance to crime victims and witnesses. Collaborate and coordinate the resources made available to him/her by the Secretary or any government or private agency or entity, in order to guarantee and protect the safety and the rights of crime victims and witnesses.

(d) Implement, impart and transmit to the personnel under his/her supervision the public policy established by the Governor and the Secretary on criminal justice and see to the compliance therewith.

(e) Develop a system to assess the efficiency of the investigation and prosecution of the matters handled by the Office and render to the Secretary, who shall in turn render to the Governor, an annual report on the works carried out, on which he/she shall specify the actions that should be taken to improve the system.

(f) Develop work and coordination plans with the Courts of Justice, the Puerto Rico Bar Association and the Legal Assistance Society so that criminal cases are handled in the most expeditious and efficient manner possible.

(g) Coordinate with the Puerto Rico Police, the Municipal Police and the Special Investigation Bureau the assignment of law enforcement officers as necessary to strengthen investigative and security resources in the investigation and prosecution of cases.

(h) Formulate recommendations for the Secretary, who shall in turn make recommendations to the Governor and the corresponding agencies, on decisions concerning the custody of detained and sentenced persons before granting any privileges, such as a pardon, commuting of sentence, parole, and participation in community programs, in order to establish a more rational balance between the rehabilitation of the person, public safety and the protection of crime victims and witnesses.

(i) Design, in coordination with the Institute, a permanent training program for prosecutors and the professional and technical support personnel that works with them as part of their work team.

(j) Participate in the procedure to recruit and evaluate objectively the candidates to appointment and renomination of prosecutors.

(k) Advise the Secretary in the making of public policy on the function of the Public Ministry in relation to the criminal investigation and prosecution and formulate recommendations on the modifications that should be introduced to our body of laws to improve the criminal justice administration system.

(l) Recommend and refer promptly to the Office of the General Solicitor the matters and cases that deserve to be reviewed by appellate forums in Puerto Rico or in another corresponding jurisdiction.

(m) Promote the best relations between the members of the Public Ministry and the community to which they are assigned, including public and private schools, with the purpose of preventing crime and juvenile delinquency by cultivating a full understanding of the legal system and the body of laws so that this may be an incentive or stimulus for the most efficient collaboration of citizens with the investigative works and the prosecution of crimes.

(n) Recommend to the Secretary the norms and administrative orders that should be adopted for the best operation of the Office.

(o) Exercise all the powers and faculties inherent to his/her position and necessary to attain the best discharge of his/her functions.

History —Aug. 9, 2004, No. 205, § 45.