P.R. Laws tit. 25, § 2602

2019-02-20 00:00:00+00
§ 2602. Unlawfully influencing action of court

(a) No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, law officer, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this Code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The above provisions shall not apply with regard to:

(1) Instruction or general information courses in military justice, if such courses are for the purpose of instructing members of a command in substantive and processal aspects of courts-martial.

(2) Arguments and instructions given in open court by the law officer, president of a special court-martial or counsel.

(b) In the preparation of a report on effectiveness, capacity or efficiency or any other report or document used in whole or in part for the purpose of determining if a member of the Military Forces of Puerto Rico is qualified to be promoted in grade or in determining the assignment or transfer of a member of the Military Forces of Puerto Rico or in determining if a member of the Military Forces of Puerto Rico must be retained in service, no person subject to this Code may on preparing any of such reports:

(1) Consider or evaluate the performance of duty of any of such members as members of a court-martial, or

(2) render a less favorable classification or evaluation of any member of the Military Forces of Puerto Rico, for the zeal with which said member, as counsel, represented the accused before a court-martial.

History —June 23, 1969, No. 62, p. 117, § 1001, eff. 90 days after June 23, 1969.