P.R. Laws tit. 25, § 2616
(a) Voting by members of a general or special court-martial on the findings of fact and on the sentence and by members of a special court-martial without a law officer upon questions of challenge shall be by secret written ballot. The junior member of the court shall count the votes, which shall be checked by the president who shall forthwith announce the result of the ballot to the members of the court.
(b) The law officer and the president of a court-martial without a law officer shall determine and rule upon questions of law and interlocutory questions, other than challenge, arising during the proceedings. Any such ruling made by the law officer upon a question of law or interlocutory question, except conflict of facts on the mental responsibility of the accused or by the president of a court-martial without a law officer, on any question of law other than a motion for a finding of not guilty shall be final and shall constitute the ruling of the court. However, the law officer or the president of a court-martial without a law officer may change the ruling during the trial. If the ruling is not final, any member of the court may object thereto, and in such a case the court shall be cleared and closed and the question decided by a voice vote behind closed doors as provided in § 2617 of this title, beginning with the junior in rank.
(c) Before deliberations, the law officer or the president of a court-martial without a law officer shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(1) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(2) that if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and therefore he must be acquitted;
(3) that if there is reasonable doubt as to the degree of guilt of the accused, the finding must be in a lower degree as to which there is no reasonable doubt, and
(4) that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the Commonwealth.
(d) Subsections (a), (b), and (c) of this section shall not apply to a court-martial composed of only one law officer. The law officer of such court-martial shall rule upon all questions of law and findings of fact arising during the proceedings and, if the accused is found guilty, it shall impose the corresponding sentence. The law officer of such court-martial must formulate a general determination and must also make determinations of proven facts if so requested. If an opinion or memorandum is filed on the decision, it would be sufficient if the findings of fact are included therein.
History —June 23, 1969, No. 62, p. 117, § 1015, eff. 90 days after June 23, 1969.