Any person who intervenes or participates as an undercover agent in any transaction or sale of material related to games generally known as “ Bolita ”, “ Bolipool ”, clandestine combinations related to the “pools” or betting at the racetracks of Puerto Rico, and clandestine lotteries; or who catches anyone who is bearing, or carrying or who has in his possession in any way, any papeleta, chance, ticket, notebook, list of numbers or letters, chits or tools that may be used in said illegal games under the provisions of §§ 1247—1257 of this title, must make a sworn statement before a prosecutor regarding his participation therein, including the period during which the investigation took place, the area covered, the results obtained and the charges against other infractors caught in the raid as well as the identity of other persons who performed transactions with the defendant, as observed by the undercover agent, within a term of no more than one hundred twenty (120) hours after said transaction or sale or any of the aforementioned criminal actions were consummated. The term of one hundred twenty (120) hours established herein shall be strictly complied with, unless just cause is shown for a delay in submitting the sworn statement within the above-mentioned term.
When the court determines in the preliminary hearing that said sworn statement was not submitted or, having been submitted outside the one hundred twenty (120) -hour term, there was not just cause for the delay, neither said sworn statement nor the testimony of the undercover agent may be presented in evidence.
When determining just cause, among other factors, the fact that the investigation was not concluded within the term indicated above shall be considered.
History —May 15, 1948, No. 220, p. 738, added as § 4A on May 27, 1980, No. 54, p. 145.