P.R. Laws tit. 24, § 2409

2019-02-20 00:00:00+00
§ 2409. Penalties for officers and employees

Any official or employee engaged in the administration and implementation of this chapter shall be guilty of a felony when he:

(a) Directly or indirectly engages in any industry, in the manufacture, distribution or dispensing of any controlled substance subject to the provisions of this chapter while in office;

(b) knowingly performs any act of extortion or pressure, under the pretext of being ordered by law; or

(c) knowingly demands other or larger sums than those authorized by this chapter or receives any fee, profit, compensation or remuneration not authorized under this chapter for the performance of any duty; or

(d) fails to comply with any of the duties imposed herein; or

(e) provides the opportunity for any other person to violate the law; or

(f) performs or fails to perform any act with the intention of giving another person the opportunity of violating the law; or

(g) negligently or intentionally permits any person to violate the law; or

(h) being aware or being informed of the violation of any of the provisions of this chapter by any person, fails to inform the Secretary of Health or the Superintendent of Police of said violation; or

(i) directly or indirectly demands, accepts or attempts to collect, as payment, gift or in any other way an amount of money or any other thing of value for the arrangement, transaction or solution of any accusation or complaint of having violated or tried to violate this chapter, or

(j) reveals or discloses to any person in any manner not authorized by this chapter, the information contained in the declarations, official books, records or other documents.

The official or employee who is guilty of any of the violations stated in this section shall be punished, upon conviction thereof, by imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if should there be extenuating circumstances, it may be reduced to a minimum of four (4) years.

The court, in its discretion, may impose the fixed penalty of imprisonment established, or a fine that shall not exceed ten thousand dollars ($10,000) nor be less than two thousand dollars ($2,000), or both penalties.

History —June 23, 1971, No. 4, p. 526, § 409; June 4, 1980, No. 109, p. 350, § 1.