P.R. Laws tit. 24, § 2408

2019-02-20 00:00:00+00
§ 2408. Continuing criminal enterprise

(a)

(1) Any person who engages in a continuing criminal enterprise shall incur a felony, and upon conviction thereof shall be sentenced to imprisonment for a fixed term of ninety-nine (99) years.

The court, at its discretion, may impose a fine not to exceed two hundred thousand dollars ($200,000) in addition to the term of imprisonment, and the seizure as prescribed in clause (2) of this subsection.

(2) Any person who is convicted under clause (1) of this subsection of engaging in a continuing criminal enterprise shall forfeit to the Commonwealth of Puerto Rico:

(A) The profits obtained by him in such enterprise, and

(B) any of his interest in, claim against, or property or contractual rights of any kind affording a source of influence over such enterprise.

(b) A continuing criminal enterprise shall be understood to be any act, threat or omission which constitutes a felony or an attempted felony committed by any two (2) or more persons, a partnership, corporation, association or any union or group of associated persons or any other juridical or de facto entity, in violation of any of the provisions of this chapter, when at least two (2) such violations have been committed within a period of ten (10) years, and at least one of which must occur after the effective date of this act. For the purpose of computing the period of ten (10) years provided above, any term of imprisonment served by the accused shall be excluded.

(c) In the case of a sentence imposed under this section, the execution of such sentence shall not be suspended, and the provisions of §§ 1161, 1162 and 1164 of Title 4, the provisions of § 1042 of Title 34, and the provisions of §§ 1501 et seq. of Title 4, concerning parole, shall not apply.

(d) The Court of First Instance shall have jurisdiction under subsection (a) of this section to enter such restraining orders or prohibitions, or to take such other actions it may deem convenient, including the acceptance of satisfactory performance bonds, in connection with any property or interest subject to forfeiture under this chapter.

(e) Penal action under this section shall not prescribe.

History —June 23, 1971, No. 4, p. 526, § 408; June 4, 1980, No. 109, p. 350, § 1; Aug. 5, 1993, No. 58, § 1.