P.R. Laws tit. 3, § 99o
(1) In order to determine whether there is cause to conduct a preliminary investigation, the Secretary of Justice shall take the following factors into consideration:
(a) The seriousness of the charges made;
(b) the degree of participation the official or former official, employee or former employee is charged with;
(c) the data and grounds on which the charges are based;
(d) the credibility of the person who brings the charges and that of other sources of information.
(2) Any report of the Comptroller or the Office of Government Ethics recommending to the Secretary of Justice the filing of criminal charges against any of the officials covered by the provisions of §§ 99h—99z of this title, shall be deemed as sufficient cause to investigate for the purposes of subsection (1) of this section.
(3) In any case in which the Secretary of Justice receives a complaint from any source charging an employee, official, former employee or former official covered by § 99 l of this title, with any violation, the Secretary shall notify the Panel of said complaint and of the investigation it shall conduct.
(4) When the Secretary of Justice determines that carrying out a preliminary investigation is in order, he shall complete said preliminary investigation within a term that shall not exceed ninety (90) days from the date on which he receives the information. In those cases in which the Department of Justice deems that it has been impossible to conclude adequately the preliminary investigation within said term due to its nature and complexity, the Department may request the Panel, which may approve at its discretion an additional term which shall not exceed ninety (90) days.
(5) During the course of a preliminary investigation, the Secretary of Justice shall not grant immunity or plea bargain with officials, employees, former officials or former employees that are subject of said investigation. However, the Secretary may exercise such prerogative in those cases in which he assumes jurisdiction under the provisions of §§ 99h—99z of this title to fully investigate and prosecute the complaint or accusation already filed, once the preliminary investigation is completed.
(6) The Panel may review any determination of the Secretary issued pursuant to the provisions of § 99 l of this title and shall determine the convenience of appointing a Special Prosecutor to carry out the investigation and prosecution needed for the disposition of said complaint, subject to the provisions of § 99p of this title.
History —Feb. 23, 1988, No. 2, p. 4, § 8, eff. 30 days after Feb. 23, 1988.