P.R. Laws tit. 25, § 971l

2019-02-20 00:00:00+00
§ 971l. Investigation; request; procedure

(a) When the Secretary of Justice has reason to believe that any person or entity is in possession, custody or control of any documents or objects relevant to an investigation on organized crime or money laundering under this chapter and prior to initiating any civil or criminal action, he may require him/her in writing, after due notice, to produce or permit the examination of such documents or objects for examination and investigation. The Secretary of Justice may require information regarding the owner or holder of bonds or any other financial interests, on members of the Board of Directors, administrators, or any other employee of an enterprise.

(b) The requirement shall:

(1) Establish the nature of the conduct which the alleged organized crime activity under investigation constitutes, and the applicable statutory provisions;

(2) describe with precision and certainty the type or types of documents or objects to be produced, so that these may be easily identified;

(3) establish a definite date on which the request shall be answered, granting a reasonable period of time so that the documents and objects to be inspected, copied or reproduced may be produced, and

(4) designate the custodian who shall receive the requested material.

(c) The request shall not:

(1) Contain any request that would be unreasonable if it were requested through a subpoena duces tecum issued by a court; or

(2) request that evidence of a privileged nature be produced, or

(3) prevent a person from invoking his right of protection against self-incrimination, giving the Secretary of Justice the power to grant immunity in such case.

History —July 13, 1978, No. 33, p. 468, § 13; June 19, 1987, No. 36, p. 120, § 5; Aug. 30, 1992, No. 52, § 7, eff. 30 days after Aug. 30, 1992.