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https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2229/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2229 - Extension of maximum term
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2229 - Extension of maximum term
The court, upon petition of the person in charge of the supervision or custody of the minor, and after a hearing, in which the minor shall be represented by an attorney, has been held, may extend the duration of the resolutory measure beyond the maximum provided by law, provided that the following circumstances concur: (1) The services or treatment plan for the minor have not been completed. (2) The minor is benefiting from the services or treatment plan he/she is being offered. (3) There is a fixed period to conclude the services or the treatment plan that in the discretion of the court is reasonable. (4) The minor and his/her parents or guardians have given their consent. The term of the extension shall never be equal to or greater than the term of custody that was originally imposed. The court shall take all possible measures, so that the extended services or treatment plan are imparted under probation, provided it is in the best interests of the minor. History —July 9, 1986, No. 88, p. 276, § 29; Aug. 12, 1995, No. 183, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2230/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2230 - Court summary; reports of body or agency for periodic evaluation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2230 - Court summary; reports of body or agency for periodic evaluation
When a minor is placed in custody of the Juvenile Institutions Administration or of any other public or private body, the judge shall remit a summary of the information he/she has in his/her power regarding the minor to the corresponding officer or person in whose custody said minor shall remain. Periodic reports shall be rendered to the court on the condition, physical, emotional and moral progress of the minor, as well as evaluation reports of the minor and the services or treatment given to him/her. Said strictly confidential reports shall be rendered by the persons in charge of the supervision, custody or treatment of the minor no later than five (5) days prior to the date fixed for the review, as provided in § 2231 of this title. History —July 9, 1986, No. 88, p. 276, § 30; Aug. 12, 1995, No. 183, § 7.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2231/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2231 - Periodic review of resolutory measure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2231 - Periodic review of resolutory measure
The court shall pronounce itself periodically as to the maintenance, modification or cessation of the resolutory measure imposed. In the cases of Class I offenses, the review shall be made every three (3) months and in the cases of Class II and Class III offenses, the review shall be made every six (6) months. This, without impairing that a review can be made at any time the circumstances merit it, or by petition of the interested party. The person or representative in charge of the supervision, custody or treatment, as well as the minor, shall appear at the hearing for review. In the cases in which the court has granted custody to the Juvenile Institutions Administration, the periodic revision of the resolutory measure shall not require the appearance of the minor, unless the court provides otherwise. History —July 9, 1986, No. 88, p. 276, § 31; Aug. 12, 1995, No. 183, § 8.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2232/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2232 - Court authorization for action by agency or body
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2232 - Court authorization for action by agency or body
No agency or public or private body to which a minor has been referred may take any action altering the authority or the jurisdiction of the court without its specific authorization. History —July 9, 1986, No. 88, p. 276, § 32, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2233/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2233 - Resolutions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2233 - Resolutions
The decisions of the court shall be denominated resolutions. In them, the court may: (a) Dismiss the complaint for lack of evidence; (b) impose any resolutory measure; (c) direct that the minor be submitted to a comprehensive diagnostic evaluation by a physician, psychiatrist or psychologist or other pertinent specialist licensed to practice their profession in Puerto Rico; (d) impose on the parents or persons in charge of the minor the obligation to contribute to the total or partial payment of the expenses incurred in the evaluation or diagnosis, treatment and rehabilitation of the minor, when it is in order. Noncompliance with the provisions of the court on this matter by the person bound to it may constitute contempt of court; (e) Any other determination pertaining to the proceeding or case at bar. Furthermore, the judges will be able to issue any interlocutory order, resolution or determination to the parents, guardians, relatives, and legal or natural, private or governmental persons, pertaining to the needs of the minor. Noncompliance by a natural or legal person, obligated by an interlocutory order, resolution or determination issued under this precept shall constitute contempt. History —July 9, 1986, No. 88, p. 276, § 33; Jan. 1, 2003, No. 7, § 1, eff. 60 days after Jan. 1, 2003.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2234/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2234 - Resolutions—Modification
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2234 - Resolutions—Modification
The judge may modify any order or resolution regarding a minor at any time. A petition starting its grounds to modify a resolution may be filed by: (1) The minor, his parents, his guardian or legal counsel. (2) The head of the agency or public body in charge or having custody of the minor. (3) The director of the institution or public or private body in charge of or having custody of the minor. (4) Any other person supervising the minor. History —July 9, 1986, No. 88, p. 276, § 34, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2235/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2235 - Placement in treatment, and detention and treatment centers
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2235 - Placement in treatment, and detention and treatment centers
The Juvenile Institutions Administration and any authorized public or private body shall provide treatment and detention centers for any minor covered by the provisions of this chapter. (a) Confinement treatment and transfer of minors in custody of the Juvenile Institutions Administration.— When custody of a minor is given to the Juvenile Institutions Administration, it shall determine the treatment program or institution in which the minor shall be placed and what type of rehabilitation treatment shall be provided for the minors. The Juvenile Institutions Administration may place the minors in any treatment program or institution under its jurisdiction. (b) Personalized treatment.— Every minor will will be entitled to receive personalized services or treatment that responds to his specific needs and leads to his eventual rehabilitation. (c) Detention centers.— The detention centers shall receive the minors referred by the court pursuant to the provisions of this chapter and shall offer evaluation and diagnostic services in accordance with the resolution ordering their confinement. The Juvenile Institutions Administration and the public and private bodies that provide the detention centers, are hereby empowered to advise and collaborate with the court, in order to determine the evaluation and diagnostic services that shall be provided to the minors who have been referred to it. (d) Transfer to other public or private bodies.— When a minor is in custody of the Juvenile Institutions Administration, and with prior authorization of the court, it proceeds to relocate the minor in another agency, public or private body for his/her welfare, the physical custody of the minor shall cease, but not the responsibility the Juvenile Institutions Administration has in the sense of ensuring that the public or private body concerned complies with the provisions of this chapter. The Juvenile Institutions Administration shall execute with all the necessary agreements to make the transfer with the pertinent bodies. In cases of emergency the transfer of minors to the pertinent agency or public or private body, shall be held, upon the previous agreement between the court and the Juvenile Institutions Administration. (e) The Juvenile Institutions Administration shall establish a Young Offender Support Unit for youths who have been placed under its custody so that when he/she fully complies with the resolutory measure, he/she is fully apprised of his/her rights and his/her work, educational and housing options, so as to guarantee his/her full reintegration into society. History —July 9, 1986, No. 88, p. 276, § 35; Aug. 12, 1995, No. 183, § 9; Aug. 8, 2008, No. 200, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2236/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2236 - Appeals
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2236 - Appeals
The final order or resolution rendered by the judge with respect to a minor pursuant to the provisions of this chapter, may be appealed before the Court of Appeals of Puerto Rico. The interlocutory orders and resolutions may be reviewed before the Court of Appeals of Puerto Rico through a writ of certiorari. The order, resolution or sentence of the Court of Appeals may be reviewed by the Supreme Court by means of a writ of certiorari. The rules adopted by the corresponding court shall govern the construction of these recourses. The filing of the appeal shall not stay the effects of any order issued by the judge with respect to the minor, unless the court decrees otherwise. History —July 9, 1986, No. 88, p. 276, § 36; Sept. 16, 2004, No. 334, § 5, eff. May 1, 2005.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2237/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2237 - General provisions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2237 - General provisions
(a) Nature of the procedures.— The procedures and the orders or resolutions of a judge under this chapter shall not be deemed to be of a criminal nature nor will the minor be deemed to be a convicted criminal under said order or resolution. The record of the minor before the court shall not constitute a bar to an application to obtain employment or an appointment to a position or office within the public service. (b) Transportation, detention of the minor.— No minor shall be transported in a vehicle destined to transport prisoners, nor shall he be detained in a police station, detention cell, prison or an institution of the correctional system. (c) Stenographic transaction or recording of the procedures.— The oral allegations and incidents of the hearings in the procedures before the court shall be taken stenographically or by tape recording. With the exception of the minor’s legal counsel, the procedures will not be recorded privately. (d) Confidentiality of the record.— The records in the cases of minors shall be kept in files separated from the records of adults and shall not be subject to inspection by the public, except that they will be accessible for inspection by the minor’s legal counsel after being duly identified and in the place designated for it. Those records in the custody of the police as well as those in the custody of the Prosecutor shall be subject to the same confidentiality. No copies of legal or social documents shall be furnished to be removed from the court. No information shall be furnished as to the contents of the records, except that, after showing the need for it and with the court’s express permission, said information shall be provided to the officers of the General Court of Justice in their official duties and to those persons of renowned professional or scientific reputation who have demonstrated in writing their interest in obtaining information in order to carry out their official duties, research or work and always subject to the conditions stipulated by the judge. (e) Publication of name and photographs; mechanisms and identification.— The name of a minor and his photograph shall not be published, nor shall his fingerprints be taken, nor shall he be included in a lineup, unless, in the discretion of the court, it is necessary to resort to any of these means to identify him. In these cases, the judge shall issue the authorization in writing. The publication of the names and pictures of minor by any person shall be deemed as contempt of court. Any record of a minor in the custody of the police shall be destroyed when the minor attains eighteen (18) years of age as well as any record in the custody of the District Prosecuting Attorney, when the minor has been on trial or when a procedure has been unduly filled against him as an adult. (f) Appointment of a defense counsel.— If a minor affected by any matter before the court is an orphan and has no tutor or person in charge to represent him or when it is deemed necessary, the judge shall proceed to appoint a defense counsel for him. The designation shall fall, if possible, on a relative of the minor who has shown an interest in his well-being, and if no such person is available, the judge shall appoint a suitable person. (g) Notice to and participation of the parents, guardians or persons in charge of minors.— The minor must appear accompanied by his or her parents, guardian or person in charge thereof, or in their absence, the court-appointed attorney, in all proceedings conducted pursuant to this chapter. The parents, guardian or person in charge of the minor, or in their absence, the court-appointed attorney of the minor, shall be notified of any summons, resolution or order. The court may find the parents, guardian or person in charge of the minor who without just cause fails to appear during the aforementioned proceedings, in contempt of court and impose the sanction established by law. Those cases in which the Government or any of its instrumentalities is the legal guardian of said minor are excepted from this norm. History —July 9, 1986, No. 88, p. 276, § 37; Aug. 12, 2000, No. 161, § 1, eff. 90 days after Aug. 12, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiii/chapter-151/2238/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIII - Minors (§§ 1941 — 2238)›Chapter 151 - Minors’ Act (§§ 2201 — 2238)›§ 2238 - Rules or procedures
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIII - Minors (§§ 1941 — 2238) › Chapter 151 - Minors’ Act (§§ 2201 — 2238) › § 2238 - Rules or procedures
The Supreme Court shall adopt the rules to govern the procedures in all matters covered by the provisions of this chapter. Said rules will not impair or modify substantive rights and shall govern upon compliance with the procedures established by § 6, Art. V of the Constitution of the Commonwealth of Puerto Rico, preceding Title 1. History —July 9, 1986, No. 88, p. 276, § 38, eff. 180 days after July 9, 1986.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3001/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3001 - Short title
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3001 - Short title
This chapter shall be known as the “Puerto Rico Institute of Forensic Sciences Act”. History —July 24, 1985, No. 13, p. 689, § 1, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3002/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3002 - Definitions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3002 - Definitions
For the purposes of this chapter, the following terms shall have the meaning stated hereinbelow: (a) Institute.— The Puerto Rico Institute of Forensic Sciences. (b) Board.— The Board of Directors of the Puerto Rico Institute of Forensic Sciences. (c) Director.— The Director of the Puerto Rico Institute of Forensic Sciences. (d) Forensic scientist.— Any person who has received a post-graduate academic degree specializing in the scientific analysis of evidence used in criminal investigation by the Criminal Justice System, as established by the American Academy of Forensic Sciences (AAFS). He/she must also have at least three (3) years of practical experience in the expert analysis of such evidence in a forensic institution whose operational practices are in accordance with those established by accrediting agencies. History —July 24, 1985, No. 13, p. 689, § 2; Dec. 29, 2009, No. 200, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3003/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3003 - Creation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3003 - Creation
The Puerto Rico Institute of Forensic Sciences is hereby created as an autonomous entity. The scientific and technical divisions of the Institute shall be accredited and subsequently reaccredited and certified by the appropriate accrediting institutions, as established herein below: (a) The Crime Laboratory, by the American Society of Crime Laboratory [sic]. (b) The Pathology Division, by the National Association of Medical Examiners. (c) The Forensic Investigators and Security Division, by Forensic Quality Services. (d) Other organizations of equal standing recognized nationally or internationally in the forensic field. Likewise, the Institute, as an autonomous institution, shall belong to the genetic profile database system known as CODIS (the FBI Laboratory’s Combined DNA Index System). To such effect, the Director of the Institute shall present an institutional plan to the Board of Directors and the Legislative Assembly establishing the courses of action to follow in order to obtain such accreditations or certifications. Such plan shall be presented six (6) months after the date of approval of this act. History —July 24, 1985, No. 13, p. 689, § 3, retroactive to July 1, 1985; Dec. 29, 2009, No. 200, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3004/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3004 - Board of Directors
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3004 - Board of Directors
The Board of Directors created hereunder shall have the responsibility of establishing the administrative and operational policy of the Puerto Rico Institute of Forensic Sciences. It shall be composed of the Secretary of Justice, who shall preside; the Commissioner of Public Safety and Protection; the Chancellor of Medical Sciences; the Courts Administrator; the Secretary of Health; and three (3) additional members appointed by the Governor with the advice and consent of the Senate of Puerto Rico. However, when the Commissioner of Public Safety and Protection and the Police Superintendent are not the same person, the Superintendent shall be appointed as an additional member of the Board, given the close working relationship between the Police Department and the Institute of Forensic Sciences. The three (3) members shall be persons of renowned capability, one of whom shall be an attorney with five (5) years of experience in Criminal Law, the other shall be a physician specialized in Forensic Pathology with five (5) years of experience, and the third shall be a private citizen who shall represent the public interest. The Commissioner of Public Safety and Protection, the Chancellor of Medical Sciences, the Courts Administrator, and the Secretary of Health may designate an official of the highest ranking to represent them at the meetings of the Board of Directors. Such official must have the same decision-making authority as the Head of the Agency or Secretary who designated him/her in writing. Furthermore, such designated official shall be the same person who attends all meetings for purposes of preserving continuity in the business handled by this Board. History —July 24, 1985, No. 13, p. 689, § 4; Aug. 12, 1994, No. 72, § 1; Dec. 29, 2009, No. 200, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3005/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3005 - Functions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3005 - Functions
The Puerto Rico Institute of Forensic Sciences shall have the following functions: (a) Investigate with the purpose of determining the cause, manner and circumstances of death of any person whose demise is produced under any of the circumstances specified in this chapter. (b) Shall perform the necessary analyses and testing in the area of forensic sciences and criminology, and the investigation and handling of any criminal case in which its services are required, in close collaboration with the Department of Justice’s Office of Criminal Investigation and Prosecution, the Puerto Rico Police Department, or any other pertinent agency or bureau, as well as when required to do so by the Courts of Puerto Rico. Furthermore, it may render its services to other agencies or instrumentalities of the Government of Puerto Rico, the municipal police, federal agencies, and other jurisdictions that so request. Also, the Institute shall carry out a symposium of seminaries and workshops each year for members of the Puerto Rico Police Department, prosecutors of the Department of Justice of Puerto Rico, and judges of the Court of First Instance of the General Court of Justice on the matter of modern practices and techniques in the forensic and investigative process, so that an effective interagency communication can be established with regards to the investigation and processing of cases, including expertise in judicial proceedings. (c) Contract the professional services needed to execute its charge without being subject to the personnel classification and remuneration scales. (d) Stimulate the development of forensic pathologists, forensic scientists and criminologists. To such purposes, the Institute shall develop a teaching program in coordination with the Medical Sciences Campus, in medical-scientific and criminological subjects at the graduate as well as the post graduate level. The persons who pass these programs satisfactorily shall receive the corresponding university degrees and diplomas. It shall also create a scholarship program for advanced studies in professional and educational technical institutions within and without Puerto Rico. It shall also develop a personnel training program for the different investigating units of the agencies. (e) Carry out scientific and technological investigations in the fields of forensic sciences. (f) Give advice to all the instrumentalities of the Commonwealth of Puerto Rico, whenever it is necessary, on the matters under its jurisdiction. (g) Collaborate with all the pertinent instrumentalities of the Commonwealth of Puerto Rico in the disclosure of the scientific-forensic topics under their jurisdiction, including, but without being limited to investigating procedures and scientific methods and techniques, with the purpose of preventing, investigating and fighting crime and accidents. (h) Compile, organize, preserve, and publish data and statistics pertaining to the Institute’s matters. Likewise, it shall be entrusted with the creation of the Puerto Rico Sexual Assault Statistics Registry. To achieve the purposes of this subsection, the Institute shall require from any agency, corporation, dependency, or instrumentality of the Government of Puerto Rico, including the Judicial Branch and the municipalities any necessary data to create the Statistics Registry under its jurisdiction. Said Statistics Registry shall include, without being limited to, the following information: (1) Socio-demographic data on the victim (age, gender, place of birth, city of residence, education, marital status, occupation, income, and source of income). (2) Brief description of the facts. (3) City and location where the facts took place. (4) Circumstances affecting the victim’s vulnerability. (5) Description of the assailant or assailants (relation to the victim, gender, and approximate age). (6) Kind of sexual assault offenses (type and means employed) (7) Situations arising after the assault. (i) Adopt an official seal of which judicial knowledge shall be taken. (j) Prepare and administer its budget. (k) Accept and receive any donations or any other type of help in money, goods or services from private persons or institutions and administer them according to the terms of the donation and the law. (l) Request and obtain help or assistance in money, goods or services from the Government of the United States, the states of the Federation, the Government of the Commonwealth of Puerto Rico, or any of its agencies, public corporations or political subdivisions, for the purposes of this chapter pursuant to the applicable legislation, regulations, agreements or contracts. History —July 24, 1985, No. 13, p. 689, § 5; Dec. 17, 2009, No. 183, § 1; Dec. 29, 2009, No. 200, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3006/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3006 - Jurisdiction
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3006 - Jurisdiction
The Institute shall render its services to the entire territorial area of Puerto Rico. History —July 24, 1985, No. 13, p. 689, § 6, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3007/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3007 - Personnel and organization
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3007 - Personnel and organization
The Institute’s personnel shall consist of one Director, who shall be a qualified Forensic Scientist, Forensic Pathologists, Assistant Forensic Pathologists, Forensic Physicians, Clinical Forensic Physicians, Forensic Radiology Technicians, Forensic Nurses, Forensic Researchers, Forensic Chemists, Forensic Serologists, Forensic Document Analysts, Firearms and Toolmark Examiners, Digital and Multimedia Evidence Examiners, Photography Technicians, Forensic Pathologist Assistants, Laboratory Technicians, Questioned Document Examiners and such scientific, technical, and administrative personnel as may be needed to carry out the functions stated in this chapter. Whenever possible, the Institute shall carry out its functions by organizing its operations into technical sections which may be, without said listing being exhaustive, the following: Forensic Pathology Section, Toxicology Section, DNA and Serology Section, Forensic Chemistry Section, Digital and Multimedia Evidence Section, Forensic Document Analysis Section, Firearms and Toolmark Identification Section, Controlled Substances Section, Evidence Control and Custody Section. All the personnel of the Institute shall meet the continuing education requirements prescribed through regulations by the Board of Directors in coordination with the Institute of Forensic Sciences, based on the requirements established by forensic accreditation agencies. Furthermore, such personnel shall carry out its functions in the physical facilities of the Institute or in on-site investigations. In the case of the Forensic Pathologists, Firearms and Toolmark Examiners, Forensic Researchers, Forensic Chemists, Forensic Serologists, Digital and Multimedia Evidence Examiners, and Questioned Document Examiners whose training and certification were financed with funds administered by the Institute, they must render services in the Institute for a period of not less than twenty-four (24) months as of the date on which said training and certification period ended. If the training and certification period is longer than twenty-four (24) months, services shall be rendered for a term equal to the training and certification period. Any person who has not received a job offer from the Institute for a position in the sub-specialty for which he/she were trained within thirty (30) days after the training period ended shall be exempt from the service requirement established in the above paragraph. Except for the Director, if any Forensic Pathologist, Firearms and Toolmark Examiner, Forensic Researcher, Forensic Chemist, Forensic Serologist, Digital and Multimedia Evidence Examiner, and Questioned Document Examiners whose training and certification were financed by the Institute, resigns to or voluntarily abandons his/her job before the service rendering period concludes, he/she shall pay an amount equal to the expenses incurred by the Institute of Forensic Sciences in said training and/or skill building program. The payment must be issued to the Institute of Forensic Sciences. The Institute shall promulgate regulations for such purposes and include information on the regulations adopted to achieve the purposes of this Act in the process of hiring and appointing said personnel. The Director of the Institute shall be Puerto Rico’s Forensic Scientist. History —July 24, 1985, No. 13, p. 689, § 7; Sept. 10, 2009, No. 94, § 1; Aug. 26, 2014, No. 142, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3008/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3008 - Board of Directors; functions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3008 - Board of Directors; functions
The Puerto Rico Institute of Forensic Science’s Board shall have the following functions: (a) Shall draw up the specific policy for the operation of the Institute of Forensic Sciences. (b) Shall supervise and evaluate the Institute’s operations. (c) Shall approve the annual budget request and any other type of request for funds arising from the Institute. (d) Shall establish the minimum qualifications for the appointment of the Institute’s professional employees. (e) Shall appoint the Director of the Institute and evaluate his/her work twice a year, in June and December. (f) Shall confirm the Director of the Institute’s designations of section or department directors and professional personnel. (g) Shall draw up the necessary regulations, that shall be compatible with the provisions of this chapter, to define the functions of the sections or departments and the professional technical and administrative personnel of the Institute. (h) Shall call for whatever reports and statistical data he may feel are necessary from time to time. (i) Shall submit an annual report on the Institute’s operations to the Governor and the Legislature. (j) Shall hold regular monthly meetings and any special meetings he may deem are necessary for the most efficient operation of the Institute. The Board shall select the meeting place, but they shall meet at least twice a year in the Institute’s facilities. (k) Establish through regulations the continuing education norms, criteria and requirements for all technical and scientific personnel of the Institute, taking into account the recommendations of the Institute of Forensic Sciences, and the continuing education requirements prescribed by one or more accrediting bodies recognized in the forensic field at the national or international level, to wit, the National Association of Medical Examiners (NAME), the American Society of Crime Laboratory Directors-Laboratory Accreditation Board (ASCLD-LAB), Forensic Quality Services (FQS), and/or the Substance Abuse and Mental Health Services Administration (SAMHSA). History —July 24, 1985, No. 13, p. 689, § 8; Sept. 10, 2009, No. 94, § 2; Dec. 29, 2009, No. 200, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3009/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3009 - Director; functions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3009 - Director; functions
The Director shall direct the operations and functions of the Institute and shall stay in office as long as he/she retains the Board’s trust. The Director shall submit to the Board, twice a year, a statement about the Institute’s situation, including, but not limited to an account of expert reports yet to be prepared. Such statement on situation shall become part of the semiannual evaluation set forth in § 3008 of this title. He/she may delegate any function or authority conferred to him/her unto officials or employees of the Institute, except those that, by provision of this chapter, he/she shares with, or which require the approval of the Board of Directors. He/she shall assign administrative tasks based on criteria that will allow for the most effective use of human resources, taking the following factors into consideration, among others: rational assignment and distribution of duties; distribution of authority in accordance with responsibilities; suitable selection of personnel; the provision of resources in tune with the needs of the Institute and its sections. History —July 24, 1985, No. 13, p. 689, § 9; Dec. 29, 2009, No. 200, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3010/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3010 - Classification and compensation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3010 - Classification and compensation
The Institute shall be an individual administrator pursuant to the provisions of §§ 1301 et seq. of Title 3. The classification and remuneration schedules of the personnel of the Institute shall be established taking into consideration the complexity of the work, educational background and experience required for each of the positions needed for the operation of the Institute. Any official or employee transferred to the Institute shall retain the status and rights they enjoyed when transferred, under the legislation and regulations in effect, and shall also retain any retirement system or pension fund prescribed by law for officials and employees who hold similar positions in the Commonwealth government. The classifications held by the employees transferred by virtue of Section 37 shall be reclassified in tune with the classifications adopted by the Institute. In no case may this reclassification be lower, regarding the levels of complexity, the duties and the requirements to fill the position and the compensation schedule, to those who hold the positions at the time of the transfer. Basic salaries for the remuneration schedules of the following positions are hereby established as indicated: (1) The minimum salary for forensic pathologists shall be sixty-five thousand dollars ($65,000). (2) The minimum salary for anatomy pathologists shall be fifty-two thousand dollars ($52,000). The Director of the Institute shall present a salary scale review plan to non-management employees in a term of one (1) year, after the management employees’ salary schedule has been reviewed. History —July 24, 1985, No. 13, p. 689, § 10; Mar. 3, 1999, No. 88, § 1; Dec. 29, 2009, No. 200, § 7.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3011/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3011 - Investigation of the cause of death—Circumstances
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3011 - Investigation of the cause of death—Circumstances
(a) It shall be the duty of the Institute of Forensic Sciences to investigate in order to determine the cause and manner of death of any person whose demise occurs under any of the following circumstances: (1) As a result of criminal acts or that are suspected to be the result of the commission of a crime. (2) As a result of any accident or act of violence or any subsequent act, regardless of its nature or time interval between said acts and the death, if there is reason to suspect that there is a relationship between said accident or the act of violence and the death. (3) As a result of poisoning or suspicion of such. (4) When the death occurs while in custody of the Police or officers of law and order, while in prison, or as a result of sickness or injury occurring while in prison, or suspicion thereof. (5) As a result or in relation with the occupation of the deceased. (6) When it is due to acute intoxication with alcohol, narcotics, or any other type of drug or controlled substances or suspicion of such. (7) When it is due to suicide or suspicion of such. (8) When in the process of an autopsy which was not originally considered as medico-legal, the pathologist discovers any clue, or any suspicion arises to indicate that such death could have occurred due to the commission of a crime. In such case, said pathologist shall suspend the autopsy and notify the Forensic Scientist of his suspicion immediately. (9) When death occurs suddenly or unexpectedly while the person was enjoying relative or apparent good health. (10) When death occurs during or after an abortion or delivery, or if it is suspected that it was a provoked abortion or delivery in violation of the provisions of §§ 4739—4741 of Title 33. (11) When death occurs in a convalescent home, a home for the elderly, an “establishment” as defined in subsections (2), (3), (4), (5) and (8) of § 353 of Title 8, or a similar institution, whether it be State, municipal, or private. In such situation, it shall not be necessary to take the corpse to the Institute, unless the case pathologist so requires. (12) When death occurs to a person who had a contagious disease that could constitute a threat to public health. (13) When death occurs during hospitalization in a psychiatric institution, whether it be State, municipal, or private, except in cases of death due to childbirth, duly certified by a physician. (14) If it was caused by a physical force such as electricity, heat, cold, radiation, or the disposal of chemical products. (15) Any death due to malnutrition, abandonment, or exposure to the elements, as a result of negligence. (b) It shall also be the duty of the Institute to investigate in order to determine the cause and manner of the death of a person: (1) When the corpse is to be cremated, dissected, or disposed of in such a way that it will not be subsequently available for examination, regardless of how the death occurred. In such situation, it shall not be necessary to take the corpse to the Institute, unless the case pathologist so requires. (2) When the prosecutor or coroner who investigates the death of any person requests the Puerto Rico Institute of Forensic Sciences to do so. History —July 24, 1985, No. 13, p. 689, § 11; Aug. 12, 1995, No. 192, § 1; Dec. 29, 2009, No. 200, § 8.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3012/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3012 - Mandatory autopsy
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3012 - Mandatory autopsy
When death is produced under the circumstances enumerated in clauses (1)—(11), (13) and (14) of subsection (a) of § 3011 of this title, it shall be mandatory to perform an autopsy in order to determine the cause and manner of such death. In the case of § 3011(a)(14) of this title, it shall be mandatory to perform an autopsy when so ordered by the prosecutor, who shall be notified of all deaths of the kinds specified in this subsection. In all other cases listed in § 3011 of this title, an autopsy shall be performed at the discretion of the forensic pathologist responsible for the investigation whenever any doubts arise about the cause of death or the manner in which it took place, or when, for any reason, such pathologist deems it necessary for the best elucidation of the facts. In the case of both mandatory and discretionary autopsies, the Institute of Forensic Sciences shall incorporate into its database the number of the complaint, if any, assigned by the Puerto Rico Police Department, when the death of any person takes place under some of the situations specified in this chapter, as well as into its report about the results of the autopsy. In all cases, the Director of the Institute, or any of its forensic pathologists and assistant medical examiners, shall have the authority to perform or order the performance of an autopsy. History —July 24, 1985, No. 13, p. 689, § 12; Aug. 12, 1995, No. 192, § 2; July 26, 2006, No. 134, § 1; Dec. 29, 2009, No. 200, § 9.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3013/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3013 - Investigation of the course of death—Autopsy by request of investigating authorities
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3013 - Investigation of the course of death—Autopsy by request of investigating authorities
The Institute shall perform an autopsy on a cadaver whenever a prosecutor or trial judge so requests it, in any case. History —July 24, 1985, No. 13, p. 689, § 13, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3014/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3014 - Other investigative services
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3014 - Other investigative services
With regard to crimes in which no death of a human being has been caused, the Institute of Forensic Sciences, upon petition of judges, prosecutors, defense attorneys, shall also perform all necessary laboratory investigations that are available, to provide the information they need to help clarify the matter in question. If the circumstances permit it, the Institute’s services in the area of toxicology, analysis of controlled substances; analysis of explosives accelerants, residue, distances of shots, comparison of glass, paint, soil, fibers and metals; forensic serology, criminal photography, identification of firearms, questionable documents and lie detection and forensic investigation services, shall be available. The Institute shall perform all the scientific services that the Puerto Rico Police Laboratory renders at present, and all the services rendered by the Special Investigation Services’ Technical Services Division, as well as any other forensic science service needed in the future as an adjunct to the investigating process. History —July 24, 1985, No. 13, p. 689, § 14, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3015/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3015 - Cases of death—Report of forensic physician
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3015 - Cases of death—Report of forensic physician
The prosecutor or trial judge performing the investigation shall make a report of the cases of deaths which appear to have occurred under any of the circumstances enumerated in § 3011 of this title to the Institute, which shall provide for the pertinent investigation. History —July 24, 1985, No. 13, p. 689, § 15, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3016/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3016 - Cases of death—Duty of every person to report
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3016 - Cases of death—Duty of every person to report
(a) Every person having knowledge of a death occurring under any of the circumstances specified in § 3011 of this title shall immediately report the same to the Puerto Rico Police or to any judge or prosecutor, who shall proceed to advise the Institute. Any person who wilfully neglects to report a death occurring under the aforesaid circumstances shall be guilty of a misdemeanor. (b) Any person who, without a written permit from the competent authorities, touches, moves or lifts the body of a person who died under such circumstances, or touches or moves the clothes or objects close to the body, shall be guilty of a misdemeanor. Such prohibitions exclude physicians authorized by the Institute, hospitals, clinics, health centers, and any other institutions which render medical-hospital services, whether they be public or private, whenever death occurs in situations where the circumstances of violence or crime included in clauses (1) and (2) of subsection (a) of § 3011 of this title are not present. In such cases, the cadavers shall be transported and preserved in the morgues of the institutions involved, until a prosecutor, trial judge or official of the Institute with authority to do so, authorizes the removal of the body. Likewise, the clothes and objects of the deceased, together with objects found close to the corpse, shall be gathered and preserved intact to be placed at the disposal of the prosecutor, trial judge and/or officials of the Institute charged with investigating the case at a later date. History —July 24, 1985, No. 13, p. 689, § 16, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3017/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3017 - Cases of death—On site investigation by the Institute
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3017 - Cases of death—On site investigation by the Institute
In every case in which the Institute is advised of a death occurring under clauses (1) through (7), (10) and (17), of subsection (a) of § 3011 of this title, or when requested by a prosecutor or trial judge, a forensic investigator shall be sent to the site of the death to carry out the pertinent investigations. A forensic pathologist and/or a toxicologist, and/or any other technical personnel required will be sent to the site of the demise, if necessary, in order to help elucidate the circumstances and manner of death. History —July 24, 1985, No. 13, p. 689, § 17, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3018/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3018 - Cases of death—Notes on the preliminary investigation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3018 - Cases of death—Notes on the preliminary investigation
In any case that is investigated by the personnel of the Institute at the site of the death, said personnel shall make notes at the site of all the circumstances deemed significant, such as the position and location of the corpse, blood stains, signs, objects, clothes, fibers, signs of violence, as well as the manner and cause of death. General and specific photographs shall be taken, and such studies for identification and of any other nature that may be performed on the scene shall be carried out. A preliminary report shall be rendered immediately to the trial judge or prosecutor. History —July 24, 1985, No. 13, p. 689, § 18, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3019/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3019 - Cases of death—Removal of the corpse
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3019 - Cases of death—Removal of the corpse
In every case, the removal of the corpse shall be authorized by the prosecutor or coroner investigating the case. Such order shall specify whether the corpse should be taken to any of the facilities of the Institute throughout the Island with the purpose of performing the autopsy or conducting subsequent investigations, or whether the corpse may be returned to family members. The forensic pathologists and investigators of the Institute investigating a death at the site where it occurred shall have the same authority, whenever they have determined with reasonable certainty that the death was not caused by any violent or criminal act covered under clauses (1) and (2) of subsection (a) of § 3011 of this title. In the event that forensic investigators do not arrive at the crime scene, and violent and criminal acts covered under clauses (1) and (2) of subsection (a) of § 3011 of this title are not involved, the investigator of the Puerto Rico Police Department shall prepare a report on the circumstances of the death and the evidence gathered at the crime scene. Said report shall be delivered to the Institute along with the corpse, and it shall be an essential requirement to admit such corpse to the Institute and carry out the pertinent forensic analysis. In cases of death by fire, a preliminary report shall be provided in which the circumstances of death and the evidence gathered at the scene are described. This preliminary report shall also be delivered to the Institute along with the corpse and shall be a requirement for admission. In cases of death occurred in any of the correctional institutions of the Government of Puerto Rico, the corrections administrations’ official in charge of such institution, or in the absence thereof, the highest-ranking corrections officer, shall be responsible for drafting the report in which the circumstances of death and the evidence gathered are described, along with the names and statements of the persons who found the body. Likewise, said report shall be a requirement for admission of the corpse to the Institute. History —July 24, 1985, No. 13, p. 689, § 19, retroactive to July 1, 1985; Dec. 29, 2009, No. 200, § 10.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3020/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3020 - Cases of death—Autopsy results
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3020 - Cases of death—Autopsy results
In every case in which an autopsy is performed, the results thereof shall be brought before the trial judge or prosecutor as soon as possible, in addition to any other information that could help them elucidate the facts. The same information shall be provided to the defense attorneys and the next of kin of the deceased. History —July 24, 1985, No. 13, p. 689, § 20, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3021/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3021 - Sworn statements
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3021 - Sworn statements
Forensic scientists in Puerto Rico, as well as forensic pathologists, assistant forensic pathologists, assistant medical examiners, and forensic investigators of the Institute, are hereby authorized to: (a) Take sworn statements in all cases investigated by them. (b) Keep and bear firearms. Likewise, firearms examiners, forensic chemists, forensic serologists, coordinators and technicians of the controlled substance program, biological, documentary, and/or digital evidence control officials and technicians, and any other personnel in charge of security at the Institute are also authorized to keep and bear firearms. History —July 24, 1985, No. 13, p. 689, § 21; Dec. 29, 2009, No. 200, § 11.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3022/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3022 - Rules and procedures
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3022 - Rules and procedures
The Director of the Institute shall propose any rules and regulations needed for the operation of the Institute and the implementation of this chapter to the Board of Directors. History —July 24, 1985, No. 13, p. 689, § 22, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3023/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3023 - Filing of cases; conservation, inspection
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3023 - Filing of cases; conservation, inspection
The Institute shall maintain files of all the cases it investigates as well as of those investigated by the Forensic Pathologists and Coroners, Auxiliary Coroners or the technical personnel of all the districts. Each case shall be filed under the name of the victim, if known, the number of the complaint, if any, of the Puerto Rico Police for the particular incident, the place where the corpse was found and the date of death. In those cases where there has been no death, the case shall be filed under the name of the person charged and under the number of the complaint, if any, of the Puerto Rico Police for the particular incident. An index shall be kept to permit the prompt location of any case at any time. The record of each case of death shall include the original coroner’s report and the protocol of the autopsy or a copy thereof, if it has been performed, and the number of the complaint, if any, of the Puerto Rico Police, about the particular incident. In other cases, the analyses that were performed or copies thereof and the number of the complaint, if any, of the Puerto Rico Police about the particular incident shall be included. The files shall be kept at the Institute, duly protected and safeguarded against theft, fire and their inspection by unauthorized persons. The inspection of the Institute’s files by attorneys, physicians, and other experts of the parties in any criminal or civil procedure related to cases investigated by the Institute, as well as interviews by the above mentioned persons with the Institute’s professional personnel who intervened in said case, shall be regulated by the Director of the Institute, with due protection of the fundamental rights of the parties, and guaranteeing due process of law. History —July 24, 1985, No. 13, p. 689, § 23; July 26, 2006, No. 134, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3024/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3024 - Custody of personal belongings of the deceased
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3024 - Custody of personal belongings of the deceased
The clothing, money, jewelry, or any other personal object of the deceased found on the body, in those cases that autopsies are to be performed, shall be taken into custody, kept and duly identified by the Forensic Scientist for whatever time is necessary for the purpose of his investigation. The objects not needed by the Forensic Scientist for the investigation or by the prosecutor for the discharge of his duties shall be delivered to the next of kin of the deceased by the Institute. Likewise, any object which was originally retained by the Institute or by the prosecutor, which is not needed later for their purposes, shall be delivered to the family of the deceased as soon as possible. History —July 24, 1985, No. 13, p. 689, § 24, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3025/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3025 - Disposal of the body
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025 - Disposal of the body
After the autopsy or investigation, the body of the deceased shall be delivered to the next of kin, or the person charged with the burial, on written and signed application, following the order indicated below: (1) To the surviving spouse, if they cohabited at the time of the death. (2) To the eldest child, and in case of his absence or disability, to the child next in succession, if they are of legal age. (3) To the father or mother. (4) To the eldest of the brothers or sisters of whole blood, and in their absence, to the eldest of the half-brothers or sisters, provided they are of legal age. (5) To the grandfather or grandmother. (6) To the tutor of the deceased at the moment of death, or the relative or private person who cared for the deceased during his life. (7) To any person or entity authorized or obligated by law to dispose of the corpse. History —July 24, 1985, No. 13, p. 689, § 25, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3025a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3025a - Disposal of the body to a specific person
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025a - Disposal of the body to a specific person
Once the term of six (6) days as of the autopsy and investigation have elapsed and the body remains unclaimed in accordance with the provisions of § 3620 l of Title 24, any person or entity may claim it for burial or cremation, provided that the following requirements are met: (a) The person that claims the body shall be of legal age. (b) The person that claims the body shall submit a negative criminal record certificate to the Institute. (c) The person or entity that claims the body must have been connected in some manner to the deceased, or the deceased must have been a member of the claiming entity. (d) If the person who claims the body is a member of a civic or religious entity, said person must provide a formal request issued by said organization to claim the body and to prove that the deceased was a member of said entity. (e) By means of a sworn statement, the person or entity must: (1) Prove the motive for claiming the deceased. (2) Prove the connection to the deceased. (3) Describe the steps taken to locate the next of kin of the deceased or prove knowledge of their whereabouts. (4) State the name of the institution that shall bury or cremate the deceased. (5) The person that claims the body shall present information or documents that attest to the information that is affirmed in the sworn statement to the Institute. Once the term to claim the body as provided by this chapter has elapsed, the Board cannot be held responsible for the release of the body to another person or entity that complies with the provisions of this section. The Board shall not be civilly liable when it releases a body pursuant to the provisions of this section, in the absence of a timely claim from a person with priority within the term provided by the law. History —July 24, 1985, No. 13, p. 735, added as § 25-A on Nov. 30, 2006, No. 251, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3025b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3025b - False information—Misdemeanor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3025b - False information—Misdemeanor
If the person who claims the body submits false information to the Institute or uses the body for any activity other than burial or cremation, said person shall incur a misdemeanor, and if found guilty, shall be sanctioned with a maximum penalty of imprisonment for three (3) months, or a five-hundred-dollar ($500) fine, or both penalties, at the discretion of the court. History —July 24, 1985, No. 13, p. 735, added as § 25-B on Nov. 30, 2006, No. 251, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3026/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3026 - Preservation of tissue samples and other evidence
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3026 - Preservation of tissue samples and other evidence
In all those cases that an autopsy is performed, the Institute shall preserve all necessary samples of blood, urine, body fluids, organs and parts of tissues, according to the best acceptable medical practices, and such other objects as, but without being limited to, bullets and any other foreign bodies found in the corpse, to be used as corroborating proof and/or evidence. Said organs, samples of tissues, blood, urine, body fluids and objects shall be preserved and kept in custody in such a way that the identity and integrity thereof are guaranteed. The samples of tissues, blood, urine and body fluids shall be preserved for a period of not less than six (6) months. The organs and tissue samples shall be preserved for a period not less than one (1) year. The Institute of Forensic Sciences shall preserve a scientific sample before disposing of said samples. Evidence from other criminal cases that require analysis or examination and where there has not been a death or grave bodily injury, shall be received and preserved for analysis or examination. The agency that submitted the evidence for analysis shall take custody thereof once it has been analyzed or examined by the Institute of Forensic Sciences, except in the cases involving controlled substances. The Institute shall dispose of the evidence related to a criminal case when one or more of the following circumstances occur: (a) The crime has prescribed. (b) The head of the agency that submitted the evidence remits written notification for the seizure thereof. (c) The court has reached a final and binding determination on the case which cannot be appealed. The Department of Justice shall notify the Institute of Forensic Sciences in writing of the resolution of the cases in which the Institute has intervened in the analysis of evidence of physical and legal nature, with the purpose of disposing of the evidence as established in this section. The Director of the Institute shall establish the procedures to be followed to comply with the provisions of this section. History —July 24, 1985, No. 13, p. 689, § 26; Jan. 10, 1998, No. 15, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3027/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3027 - Admission of institute reports as prima facie evidence
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3027 - Admission of institute reports as prima facie evidence
The Institute shall issue, by request of an interested party and after payment of the appropriate fees and expenses, certified copies of reports on the autopsies and scientific analyses and examination reports performed by the professional personnel of the Institute, provided they are not related to a crime or under criminal investigation. The exact concordance between such copies and the Institute’s records shall be consigned in the certificate. Nevertheless, when the autopsy and scientific analysis reports of criminal cases are used in court proceedings, no copies of said reports shall be issued without the approval of the Secretary of Justice or the Prosecutor, unless it is a request from a competent court. Certified copies of the reports shall be admissible in the Courts of Puerto Rico, subject to the provisions of the Rules of Evidence of Puerto Rico. An electronic signature system shall be established to allow for the expert reports to be sent by e-mail to the Prosecutors of the Department of Justice of Puerto Rico and the Judges of the General Court of Justice, so as to guarantee the reliability and authenticity of the transferred information, according to the provisions of §§ 8701 et seq. of Title 3, known as the “Puerto Rico Electronic Signature Act”. History —July 24, 1985, No. 13, p. 689, § 27; July 1, 1988, No. 52, p. 253; Dec. 29, 2009, No. 200, § 12.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3028/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3028 - Copy of medical record shall be attached to cases referred to institute
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3028 - Copy of medical record shall be attached to cases referred to institute
Every corpse referred to the Institute by any hospital, clinic or medical or hospital center shall be sent to the Institute with a photocopy of the deceased’s medical record and a summary thereof. History —July 24, 1985, No. 13, p. 689, § 28, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3028a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3028a - Video teleconferencing system
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3028a - Video teleconferencing system
The Puerto Rico Institute of Forensic Sciences shall install and configure a video teleconferencing system in its facilities, in coordination with the Department of Justice and the Courts of Justice of Puerto Rico, which it may use to: (a) Comply with the continuing education programs required for the accreditation, reaccreditation, association membership, and professional improvement of the entity’s personnel. (b) Consult with experts locally, nationally, and internationally. (c) Discuss cases with the prosecutors and criminal investigators of the Department of Justice and other law enforcement agencies. (d) Carry out technical reviews of cases involving experts. (e) Provide expert testimony during any stage of the court proceeding, insofar as it is authorized by the judge in pro se cases related to the Controlled Substances Act, but without impairing the right of the parties to object. History —July 24, 1985, No. 13, p. 689, added as § 28-A on Dec. 29, 2009, No. 200, § 13.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3029/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3029 - Seat of Institute
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3029 - Seat of Institute
The Institute shall have its offices and laboratories in San Juan and shall negotiate and establish as soon as possible, those regional laboratories and offices throughout the Commonwealth of Puerto Rico, needed to implement this chapter. History —July 24, 1985, No. 13, p. 689, § 29, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3030/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3030 - Territorial demarcations served diverse offices and laboratories
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3030 - Territorial demarcations served diverse offices and laboratories
The Institute’s Board of Directors shall determine the location of the Regional Offices and Laboratories of the Institute of Forensic Sciences and the Territorial demarcation they shall serve. History —July 24, 1985, No. 13, p. 689, § 30, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3031/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3031 - Hours of operation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3031 - Hours of operation
The Director shall establish the hours of operation of the different offices of the Puerto Rico Institute of Forensic Sciences so that the Institute’s services will be available at all times. To such effect, the return of corpses to family members shall be guaranteed to take no more than forty-eight (48) business hours as of the time of identification, unless investigative or scientific circumstances so impair. The Institute shall comply with the terms established by the accrediting institutions described in § 3 of this act as follows: (a) The autopsy reports shall be submitted within a term of forty (40) business days in homicide cases, and sixty (60) business days in all other cases. (b) Negative toxicology tests shall be submitted within a term of thirty (30) days, and positive tests, within forty (40) days. The Director shall be responsible for organizing shifts in addition to those established, with the corresponding compensation, for personnel who perform autopsies. History —July 24, 1985, No. 13, p. 689; Dec. 29, 2009, No. 200, § 14.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3032/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3032 - Other institutions—Arrangements
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3032 - Other institutions—Arrangements
Whenever it is necessary or convenient, the Institute may make the pertinent arrangements with the Department of Health of the Commonwealth of Puerto Rico, with the University of Puerto Rico Campuses, other Commonwealth or federal government institutions, and with private institutions be they educational or laboratories or which provide medico-hospital services, for the use of physical facilities in those areas of Puerto Rico where the Institute does not have its own facilities. History —July 24, 1985, No. 13, p. 689, § 32, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3033/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3033 - Other institutions—Services
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3033 - Other institutions—Services
The Institute may make arrangements and agreements so that through adequate compensation, it may render services related to forensic matters to other public or private hospitals, clinics, health centers and institutions which provide medico-hospital services, without impairing the functions of the Institute established by this chapter. Said compensation shall nurture the operational funds of the Institute, subject to the due accounting that pertains to all public moneys. History —July 24, 1985, No. 13, p. 689, § 33, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3034/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3034 - Physicians; duty to perform autopsies
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3034 - Physicians; duty to perform autopsies
The Director of the Institute or any prosecutor or trial judge, in coordination with him, may require any qualified physician in the Commonwealth of Puerto Rico, whenever the circumstances so warrant, to perform an autopsy. Any physician thus approached who refuses to perform said autopsy shall be guilty of a misdemeanor. Every physician who performs such autopsies shall immediately send a copy of the protocol of the autopsy performed to the Institute. History —July 24, 1985, No. 13, p. 689, § 34, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3035/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3035 - Professional personnel; participation as private experts forbidden
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3035 - Professional personnel; participation as private experts forbidden
The professional personnel of the Institute of Forensic Sciences shall not participate as private experts in civil suits. Whenever the professional staff of the Institute is summoned by the court or by request of one of the parties to testify in a civil suit in which it intervened in the investigation, the court will fix the appropriate reasonable fees which shall be consigned in court beforehand, and then transferred to the operating funds of the Institute. Likewise, the court shall fix the corresponding transportation expenses and per diems to be paid to the official of the Institute summoned by the court. History —July 24, 1985, No. 13, p. 689, § 35, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-201/3036/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036)›§ 3036 - Periodic medical examination of personnel
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 201 - Institute of Forensic Sciences (§§ 3001 — 3036) › § 3036 - Periodic medical examination of personnel
The Institute’s personnel shall be submitted periodically, not less than once a year, to a complete medical examination, including all the pertinent clinical analyses. Said examinations shall be performed by the University Hospital of the Medical Sciences Campus, free of charge, for the Institute’s personnel. The Director shall be responsible for making the necessary arrangements with the Medical Director of the University Hospital, annually, for the medical examinations to be performed. History —July 24, 1985, No. 13, p. 689, § 36, retroactive to July 1, 1985.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4001/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4001 - Definitions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4001 - Definitions
The following words and phrases shall have the meaning stated below, except when the context indicates otherwise: (a) DNA Data Bank.— The Commonwealth depository of DNA records included in a registration system, administered by the Puerto Rico Institute of Forensic Sciences, to be used exclusively for criminal identification. (b) CODIS.— Combined DNA Index system (Indice Combinado de ADN) administered by the Federal Bureau of Investigation, and created by the “DNA Identification Act of 1994”, 42 U.S.C. §§ 14131 et seq., as amended, which allows the storage and exchange of data entered in the DNA Banks, furnished by the state jurisdictions of the United States and Puerto Rico. (c) Director.— The Executive Director of the Puerto Rico Institute of Forensic Sciences. (d) DNA.— Deoxyribonucleic Acid located in the nucleate cells, which provides the genetic profile of a person and can be used for forensic identification. (e) FBI.— The Federal Bureau of Investigation. (f) Institute.— The Puerto Rico Institute of Forensic Science, created by virtue of §§ 3001 et seq. of this title. (g) Board.— The Governing Board of the Puerto Rico Institute of Forensic Science. (h) DNA forensic laboratory.— The laboratory which performs the extraction, analysis and matching of DNA from a sample. (i) Sample.— The amount of blood, tissue or bodily fluids extracted from any person subject to the provisions of this chapter, or any biological evidence furnished to a DNA forensic laboratory or to the Institute for storage or analysis. (j) Records.— The information of the final results of the analysis of the samples by a DNA forensic laboratory and stored in the DNA Data Bank and CODIS in order to generate research guidelines, support the statistical interpretation of DNA test results, or assist in criminal identification. History —July 24, 1998, No. 175, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4002/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4002 - Establishment
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4002 - Establishment
The Puerto Rico DNA Data Bank is hereby established, which shall be attached to the Puerto Rico Forensic Science Institute, and administered by its Director according to the public policy established by the Board. The DNA Data Bank shall have the capacity to store, classify, analyze and compare DNA records pursuant to this chapter. It shall also present the records used for criminal investigation to the FBI, to be stored in CODIS. History —July 24, 1998, No. 175, § 4.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4003/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4003 - Functions and purposes
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4003 - Functions and purposes
The DNA Data Bank shall have the following functions and purposes: (a) Assist the Commonwealth, municipal and federal public safety agencies in the investigation of crimes. (b) Provide information in a criminal procedure to identify or exclude the accused. The DNA record shall be available to the accused pursuant to Commonwealth, municipal and Federal Rules of Evidence and the Rules of Criminal Procedure, as applicable. (c) Be compatible with the procedures established by the FBI, including the use of comparative procedures, laboratory equipment, material and computer programs. (d) Assist in judicial procedures by virtue of an order issued by a court of competent jurisdiction. (e) Fulfill any other purpose that is required under federal legislation as a condition to obtain federal funds. History —July 24, 1998, No. 175, § 5.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4004/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4004 - Board; duties and powers
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4004 - Board; duties and powers
The Board shall have the following duties and powers with regard to the administration of the Puerto Rico DNA Data Bank: (a) Supervise and evaluate the administration and management of the Institute with regard to the Puerto Rico DNA Data Bank. (b) Require reports and statistical data from the Institute as deemed necessary. (c) Promulgate such regulations that are needed to comply with the purposes and provisions entrusted to it in this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”. History —July 24, 1998, No. 175, § 6.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4005/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4005 - Forensic Science Institute; duties and powers
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4005 - Forensic Science Institute; duties and powers
The Institute shall have the following duties and powers: (a) Assist the Commonwealth, municipal and federal public safety agencies in the investigation of crimes and serve as liaison between them with regard to the participation of the Government of Puerto Rico, the FBI or any other federal or state agency. (b) Provide expert analysis, comparison and interpretation of the results of the DNA sample analysis. (c) Perform genetic marker studies of the Puerto Rican population, in order to execute quality control tests, scientific forensic research, or studies of population segments, provided, that all information that can identify the person is eliminated. These data shall never be entered into the DNA Data Bank. Nevertheless, data obtained for the Bank may be a part of the genetic marker studies provided that all information that can identify a person is eliminated. (d) Assist in the recovery or identification of human remains found after catastrophic disasters or for other humane purposes. (e) Establish, through regulations, the amount to be charged for any service related to DNA testing. (f) Request and contract DNA forensic laboratory services, whether private, state or federal, exclusively for the taking, extraction and/or analysis of samples that shall be entered to the DNA Data Bank. The Director shall contract these laboratories, in representation of the majority decision of the Board. (g) Promulgate regulations with regard to the methods of obtaining information requested from the DNA Data Bank and the procedures for the verification of the petitioner’s identity. (h) Promulgate any other regulation, method or practice that is needed to comply with the purposes and provisions of this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”. History —July 24, 1998, No. 175, § 7.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4006/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4006 - Persons subject to sampling
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4006 - Persons subject to sampling
(a) As of January 1, 1999, any person convicted of any of the crimes listed in this section, or an attempt to commit them, shall be subject to the taking of samples for DNA analysis. Furthermore, any person convicted for, or who has attempted to commit any of the crimes listed in the section, but who is not sentenced to a term in jail, shall be subjected to the taking of a sample as a condition of the sentence imposed. Besides, and from this same date, those persons who have already been convicted or have attempted to commit any of the crimes listed in this section, who have not asked to participate in any community program, private or public rehabilitation institution, parole, extended pass, electronic shackles program, or any other supervisory measure, shall be subject to the taking of a sample in order to participate in the same. In all of the above cases, the taking of a sample for analysis shall not be necessary if the person has been previously registered in the DNA Data Bank. (b) As of January 1, 1999, persons convicted of the following crimes shall be subject to the taking of a sample: (1) Murder. (2) Homicide in all its modes. (3) Rape. (4) Sodomy. (5) Lewd and lascivious acts. (6) Incest. (7) Bestiality. (8) Any felony typified in §§ 601 et seq. of Title 8. (c) On and after July 1, 1999, the following shall be added to the list of crimes in subsection (b): (1) Kidnapping in all of its modes. (2) Robbery in all of its modes. (3) Assault and battery. (4) Perversion of minors. (5) Manufacture and distribution of controlled substances. (6) Distribution of controlled substances to minors eighteen (18) years of age and younger. (7) Continuous trafficking of controlled substances. (8) Child abuse in all its modes. (9) Mayhem. (d) As of the date of effectiveness of the New Penal Code of the Commonwealth of Puerto Rico of 2004 any person convicted for any of the following offenses, or the attempts or conspiracies thereof, as defined in said Code, shall be subject to having a sample taken: (1) Murder in all its modalities. (2) Negligent homicide. (3) Sexual aggression. (4) Lascivious acts. (5) Bestiality. (6) Kidnapping in all its modalities. (7) Theft in all its modalities. (8) Serious aggression and negligent injury. (9) Perversion of minors. (10) Child pornography. (11) Illegal identity theft. (12) Aggravated false imprisonment when the victim is a minor who has not attained the age of eighteen (18) years (unless committed by a parent or guardian). (13) Pandering, ruffianism, and human trafficking. (14) Spousal sexual assault, as classified in § 635 of Title 8. (15) Aggravated abuse when its commission simultaneously incurs child abuse, as classified in §§ 444 et seq. of Title 8, as described in § 632(g) of Title 8. (e) As of July 1, 2011, any person against whom there is cause for arrest for having committed or attempted to commit any of the following crimes shall subject to the collection of a DNA sample to determine the characteristics of his/her identity. (1) Murder (2) Manslaughter (3) Abortion (4) Abortion committed or consented by the woman (5) Abortion by force or violence (6) Human cloning (7) Aggravated battery (8) Child abduction (9) Child corruption (10) Sexual assault (11) Lewd acts (12) Bestiality (13) Proxenetism, pandering, and human trafficking (14) Aggravated proxenetism, pandering, and human trafficking (15) Production of child pornography (16) Possession and distribution of child pornography (17) Use of a minor for child pornography (18) Slavery (19) Aggravated restriction of freedom (20) Kidnapping (21) Aggravated kidnapping (22) Aggravated burglary (23) Genocide (24) Crimes against humanity Only the Institute of Forensic Sciences, or any government entity that may substitute it, shall analyze, store, and keep custody of said sample. The Clerk of the General Court of Justice for the Superior Part of the judicial region with competence to hear the case shall inform the Institute of Forensic Sciences, or the government entity that may substitute it, of the final ruling for the criminal proceeding related to the arrest for which the sample was taken. If the charges related to the arrest for which the sample was taken are dismissed, or if the court finds the accused not guilty, the Institute of Forensic Sciences, or the government entity that may substitute it, shall then destroy the sample and any file in connection therewith, as long as there are no other charges filed against the same person for which the court may have not issued a final ruling. The procedure for collecting samples in these circumstances is provided in § 4007(c) of this title." History —July 24, 1998, No. 175, § 8; Sept. 29, 2004, No, 527, § 1; Dec. 30, 2010, No. 253, § 1; Oct. 14, 2011, No. 243, § 12.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4007/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4007 - Testing procedure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4007 - Testing procedure
(a) In the event that a person is convicted of any of the crimes listed in § 4006 of this title, the samples shall be collected at the person’s place of imprisonment or detention after a guilty verdict has been rendered. It shall be the responsibility of the Department of Corrections and Rehabilitation to designate areas where the samples shall be collected, ensuring the safety of the procedure through regulations and pursuant to §§ 2001 et seq. of Title 3, known as the “Uniform Administrative Procedure Act”. Only those persons duly authorized by the Institute shall collect samples. The Institute shall establish through regulations the specific procedures related to collecting and handling a sample, as well as the chain of custody thereof. The Department of Corrections and Rehabilitation, the Corrections Administration, the Institute, and law enforcement agencies shall establish the necessary coordination for the procedure related to sample collection and chain of custody. (b) Any person subject to this chapter can voluntarily submit a DNA sample for analysis. However, if any person hereby required to do so refuses to submit a sample, the Prosecution can request the Secretary of Justice to file a motion with the court to order the person to submit the DNA sample for analysis. (c) The collection of the DNA sample of any person against whom there is cause for arrest for committing or attempting to commit any of the crimes listed in § 4006(e) of this title shall take place simultaneously with the fingerprinting and booking process at the Police station or headquarters where the person is detained after his/her arrest. The Puerto Rico Police Department shall, through regulations and according to the laws in effect, designate the areas where samples shall be collected, ensuring the safety of the procedure. The Forensic Institute of Sciences shall establish, through regulations, the specific procedures related to collecting and handling samples in the facilities of the Puerto Rico Police Department, as well as the chain of custody of the material. The Puerto Rico Police Department and the Institute of Forensic Sciences, or the government entity that may substitute it, shall establish the necessary coordination for the procedure related to the collection and chain of custody of the sample. History —July 24, 1998, No. 175, § 9; Dec. 30, 2010, No. 253, § 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4008/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4008 - Storage of samples and related data
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4008 - Storage of samples and related data
(a) The records resulting from the analysis established in this chapter shall be deposited in the DNA Data Bank. (b) Any information generated from the procedures related to the analysis of the sample as well as the sample itself, shall be retained by the Institute. History —July 24, 1998, No. 175, § 10.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4009/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4009 - Exchange of information with other agencies
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4009 - Exchange of information with other agencies
The Institute shall receive the samples to make the DNA analysis and shall maintain the chain of custody of the evidence thus obtained. The Institute can also make the results of the analysis available to the state and federal agencies of the criminal justice system. Only the Executive Director or the person designated by him/her, shall divulge the information contained in the DNA Data Bank through an express request, in support of a criminal investigation, or to third persons who are needed to help in the statistical analysis of the genetic marker studies of the Puerto Rican population. History —July 24, 1998, No. 175, § 11.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4010/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4010 - Confidentiality
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4010 - Confidentiality
Any information, form, record or sample related to the results of the DNA profile identification shall be confidential in nature, unless it is otherwise provided in this chapter. History —July 24, 1998, No. 175, § 12.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4011/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4011 - Elimination of record and destruction of sample
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4011 - Elimination of record and destruction of sample
(a) Any person whose DNA record or profile has been included in the DNA Data Bank may request that it be eliminated upon an allegation that the conviction that produced the inclusion of the DNA record in the DNA Data Bank has been revoked and the case has been dismissed. The person per se, or through an attorney, may request the court to eliminate the DNA record. A copy of the request for its destruction shall be served on the corresponding district attorney according to his/her jurisdiction, no less than twenty (20) days prior to the date for the hearing related to this request. A certified copy of the judicial brief by which the conviction is revoked or dismissed shall be attached to the order that decrees the destruction of the DNA record or profile, to the extent its inclusion rests on said conviction. (b) Upon receipt of a court order decreeing its elimination, and unless otherwise provided, the Institute shall eliminate the record or other information identified therein from the DNA Data Bank, and shall return the sample to the person for disposal. History —July 24, 1998, No. 175, § 13.
https://law.justia.com/codes/puerto-rico/title-thirty-four/part-xiv/chapter-203/4012/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012)›PART XIV - Forensic Sciences (§§ 3001 — 4012)›Chapter 203 - DNA Data Bank (§§ 4001 — 4012)›§ 4012 - Penalties
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR - Code of Criminal Procedure (§§ 1 — 4012) › PART XIV - Forensic Sciences (§§ 3001 — 4012) › Chapter 203 - DNA Data Bank (§§ 4001 — 4012) › § 4012 - Penalties
Any person who knowingly and voluntarily discloses or makes improper use of the DNA analysis information of the results obtained in the process of taking a sample, or the sample itself, or of any information contained in the DNA Data Bank; or who violates the provisions or regulations promulgated to such effect, shall incur a misdemeanor. Furthermore, the court shall always impose to the person convicted the penalty of restitution for the damages caused, and shall order the cancellation of any license or permit that has been issued by the State. History —July 24, 1998, No. 175, § 14; Sept. 29, 2004, No. 527, § 2, eff. May 1, 2005.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-1/rule-1-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION›Rule 1.1 - Title
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION › Rule 1.1 - Title
These rules shall be known as “Rules of Procedure for Minors’ Affairs”.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-1/rule-1-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION›Rule § 1.2 - Application and interpretation
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 1 - TITLE, EFFECTIVENESS AND CONSTRUCTION › Rule § 1.2 - Application and interpretation
These rules shall govern all procedures initiated after the effectiveness of Act No. 88 of July 9, 1986, denominated “The Puerto Rico Minors’ Act”, including those that are pending on the effective date of these rules, providing their application does not injure substantive rights. They shall be interpreted according to the purposes that inspired the Minors’ Act, §§ 2201 et seq. of this title, and in a manner that will ensure the fair, speedy and economic solution of all matters. History —June 19, 1987, No. 33, p. 105.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.1 - Apprehension; definition; how and by whom it shall be done
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.1 - Apprehension; definition; how and by whom it shall be done
Apprehension is the restraint of freedom of a minor, with a prior judicial order to such effects or without a judicial order, in the exceptional situations established by these rules for investigation purposes, when the minor is connected to the commission of a fault or as consequence of the handling of a complaint. Subject to these rules, the apprehension may be carried out by officials or agents of law and order, or an official designated by the Puerto Rico Police to intervene in minors affairs, officials of the judiciary, or a private person. The minor shall not be subject to any restriction other than what is indispensable for his apprehension. History —June 19, 1987, No. 33, p. 105.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.2 - Order; who may issue
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.2 - Order; who may issue
(a) The complaint filed in the interest of a minor shall serve as grounds to issue an order for apprehension thereof. It must be signed and sworn by someone with personal knowledge of the facts. Prosecutors for Minors’ Affairs, prosecuting attorneys and members of the State Police may sign and swear complaints also when they become aware of the facts constituting the offense through information and belief, but in these cases the complaint shall serve as grounds to issue an order for apprehension only after the issuing magistrate has examined any witness with personal knowledge of the facts. (b) If it may be determined from the complaint and the examination of witnesses with personal knowledge of the facts that probable cause exists to associate the minor with the facts constituting an offense the judge shall issue an order for apprehension thereof, or shall summon the minor, subject to the provisions of Rule 2.8 of this appendix.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.3 - Order; requirements
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.3 - Order; requirements
The order for apprehension shall provide that the apprehended minor be taken before a judge without unnecessary delay. The order shall include the offense alleged in the complaint, the date and place of its alleged perpetration and shall state, in addition to the date and place of issuance, the name of the minor or a description thereof if the name is not known.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-4/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.4 - Without prior court order
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.4 - Without prior court order
(a) By a peace officer.— A peace officer may apprehend without prior court order when: (1) There are reasonable grounds to believe that the minor has perpetrated an offense in his presence. In this case, the apprehension shall be performed immediately after the perpetration of the offense or within a reasonable time thereafter. (2) The apprehended minor has perpetrated Class II or III offense, not in his presence. (3) There are reasonable grounds to believe that the minor has perpetrated a Class II or III offense, independent from the fact that said offense might have been perpetrated or not. In cases of clause (1) where peace officer participates, if said peace officer cannot perform the apprehension immediately or within a reasonable time after the offense was perpetrated, he should refer the case to a peace officer especialized in minors affairs, or to the office of the Prosecuting Attorney for Minors’ Affairs directly, for the proper investigation. (b) By private person.— A private person may apprehend a minor: (1) For an offense perpetrated or attempted in his presence. In this case apprehension must be performed immediately. (2) When a Class II or III offense had been perpetrated and the private person had reasonable grounds to believe that the apprehended minor perpetrated it; said private person should take the minor to a peace officer who will proceed as if he would have performed the apprehension and in turn, without unnecessary delay, the peace officer will take the minor before a judge, as provided by these rules.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.5 - Information upon performing apprehension
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.5 - Information upon performing apprehension
The person performing the apprehension shall inform the minor about his intention, reason and authority therefor, except when said person has reasonable grounds to believe that the minor is perpetrating or attempting to perpetrate an offense, or when the minor is being chased immediately after the perpetration, or after the escape, or when the minor offers resistance before the person has been able to inform said minor, or when offering the required information may jeopardize the apprehension.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-6/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.6 - Information about parents or guardians
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.6 - Information about parents or guardians
Any apprehended minor should notify the performing peace officer regarding his name, age, residential and postal address, and the names and residential address of his parents or guardians. The peace officer apprehending a minor will have the duty of contacting immediately any of the parents, relatives or guardians of said minor which are known, in order for them to be present during the hearing before the judge.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-7/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.7 - Warnings to minors and parents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.7 - Warnings to minors and parents
The peace officer performing the apprehension of a minor shall warn him and his parents or guardians, if available, about the right of the minor to remain silent regarding the facts motivating his apprehension, the right against self-incrimination, and the right to communicate with a lawyer. Besides, he shall explain to the minor or his guardians the duty of keeping the court informed regarding any change of residential or postal address.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.8 - Summons; form and requirements
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.8 - Summons; form and requirements
(a) By a judge.— The judge receiving the complaint may issue a summons, in lieu of an order for apprehension, if there exist reasonable grounds to believe that the minor will appear at the hearing for determination of probable cause to file the complaint. (b) By a peace officer.— When a peace officer has reasonable grounds to believe that a Class I offense has been perpetrated, in lieu of apprehending the minor, he may issue a summons in writing and signed compelling the minor to appear before a judge for the hearing to determine probable cause to file the complaint. (c) The summons shall be issued in writing, signed by the peace officer or by the judge, whichever the case may be. The minor and his parents or guardians must sign the summons. It shall require that the minor shall appear in court accompanied by his parents or guardians and shall state the day, time and place therefore, and shall inform the minor that, in case of noncompliance, a provisional order for arrest shall be issued and that, in case he cannot be found, probable cause shall be established in his absence and that the court may waive jurisdiction also in his absence. Besides, it will explain to the minor, his parents or guardians, regarding the duty of keeping the court informed about changes in residential or postal address. Any material defect in an apprehension order shall not affect its validity. History —Sept. 12, 1990, No. 86, p. 505, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-9/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.9 - Proceedings before the judge following apprehension
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.9 - Proceedings before the judge following apprehension
(a) A peace officer apprehending a minor by court order shall take him before a judge without unnecessary delay. When a minor is apprehended without a court order and is taken before a judge, the complaint shall be filed immediately and an order for apprehension or summons thereof shall be issued pursuant to these rules. (b) The judge shall instruct the apprehended minor and his parents or guardians, if present, about the complaint filed, about the right of the minor to remain silent regarding the facts motivating his apprehension, the right not to incriminate himself, and the right to legal representation and that the court, in certain cases, may waive jurisdiction in his absence. Besides, the court shall instruct the minor, his parents or guardians about the duty to keep the court informed regarding any change in residential or postal address. (c) All proceedings under this provision shall be held private, preserving the right to confidentiality pursuant to §§ 2201 et seq. of this title. (d) The judge shall determine whether the minor is under custody of parents or guardians until the hearing to establish probable cause to file the complaint, or the provisional detention thereof shall be ordered pursuant to § 2220 of this title. When provisional detention is ordered, the judge shall state the grounds for said order in writing. Whether the minor is under provisional detention or under custody of parents or guardians, he shall be served notice to appear for the hearing to establish probable cause to file a complaint. In the first instance, unless exceptional circumstances exist, the hearing shall be held within seven (7) days following the apprehension. In the second instance, the hearing shall be held within thirty (30) days. All principles of speedy trial in our jurisdiction shall apply to these proceedings. (e) The judge shall transmit the complaint, the order of apprehension and copy of the provisional detention order, if such is the case, or the notice, to the secretary of the part of the corresponding court and to the office of the Prosecutor for Minors’ Affairs, for ulterior proceedings to be conducted pursuant to these rules. If provisional detention has been ordered, such order shall be transmitted to the director of the institution where the minor is detained. (f) Any motion to review the provisional detention order shall be decided the very next working day after its filing, prior hearing to the Prosecutor of Minors’ Affairs and to the concerned minor. Diverse circumstances shall be weighted at the hearing, such as the safety of the minor, known history of noncompliance with orders to appear, risk for the community and whether there may be responsible people willing to assume the custody of the minor and guarantee his appearance during ulterior steps of the proceedings. If the release of the minor should lie upon the court’s discretion, and order to that effect shall be entered and the minor and his parents or guardians shall be served notice for the probable cause determination hearing. If the court would not resolve within such term, the minor must be released. The judge to entertain the review of a provisional detention order shall be of higher category to the judge presiding over the apprehension hearing. Participation in such review of the provisional detention order shall not disqualify a judge to participate in further steps of these proceedings. History —Sept. 12, 1990, No. 86, p. 505, §§ 1, 2.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-10/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.10 - Hearing to determine probable cause to file a complaint
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.10 - Hearing to determine probable cause to file a complaint
(a) The purpose of this hearing in its first stage is that of verifying if there is any trace of the evidence needed regarding the essential elements of the faults and its relation with the minor thus charged. (b) The judge before whom the hearing to determine probable cause is held shall inform the minor the contents of the complaint, shall advise him of his right not to incriminate himself, to remain silent with respect to the facts charged, to contact a lawyer, and will orient him as to the constitutional rights that protect him. In said hearing, the minor shall have the right to be represented by counsel, to cross examine witnesses and to introduce evidence in his behalf. (c) Procedure during the hearing.— The Prosecutor shall introduce the proof to determine probable cause and may cross examine the witnesses brought by the minor. To determine probable cause, the judge shall circumscribe himself to the examination of the contents of the complaint submitted to him and shall consider only the evidence submitted with relation to it. Upon request therefor, the Prosecutor shall make available to the minor all the sworn statements in his custody of the witnesses who have testified in the hearing, for his inspection. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-11/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.11 - Determination of the existence of probable cause or not
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.11 - Determination of the existence of probable cause or not
(a) If in the opinion of the judge presiding the hearing, the evidence shows that there is probable cause to believe that a fault has been committed and that the minor committed it, the judge shall consign his findings in writing, and shall direct that the procedures continue. (b) The Prosecutor shall proceed to file the complaint with the clerk of the corresponding part, shall give the minor a copy thereof and shall refer the minor and his parents or guardians to the family relations specialist for the initial interview of the social report. (c) If the judge finds that there is no probable cause, he shall exonerate the minor and if he is in provisional detention, he shall order his release. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-12/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.12 - Effects of the determination of no probable cause
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.12 - Effects of the determination of no probable cause
If in this hearing to determine probable cause, the judge finds that there is no probable cause to file a complaint or if there is cause for a lesser fault than the one the minor is charged with, the advocate may submit, and a judge of the Court of First Instance, other than that who intervened in the hearing to determine probable cause, may consider the matter again with the same or other evidence, within the maximum term of sixty (60) days from the date of the Resolution. History —June 19, 1987, No. 33, p. 105, § 1; July 27, 1996, No. 89, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-13/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.13 - Summons; provisional detention of the minor
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.13 - Summons; provisional detention of the minor
Once the determination of probable cause has been established, the judge shall proceed to determine if the minor can remain in the custody of his parents or guardians, or if he should order his detention until the day of the adjudicative hearing. Whenever possible, the judge shall let the minor remain in the custody of his parents or a responsible person, with their written and signed promise that they will appear in court with the minor on the determined date for the corresponding procedures. The judge shall admonish them that their failure to appear at the adjudicative hearing conveys the immediate detention of the minor and the arrest for contempt of his parents or guardians or, in the pertinent cases, the court may, in their absence, waive its jurisdiction or that he may hold the adjudicative hearing in their absence. A detention order for a minor shall not be entered prior to the adjudicative hearing unless: (1) It is required for the safety of the minor, or the latter constitutes a risk for the community. (2) The minor refuses to, or is mentally or physically unable to state his name, his parents’ or guardians’ names and the address of his residence. (3) There are no responsible people willing to assume the minor’s custody and to guaranty his appearance during subsequent proceedings. (4) The minor [has] absconded or has a history of noncompliance with appearance orders. (5) The minor has been found before in violations which, perpetrated by an adult, constituted felonies and probable cause has been established for the new violation, for which he may be deemed a serious threat for public order. (6) The minor, duly summoned, does not appear at the hearing to determine probable cause, and said probable cause is determined in his absence. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-14/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule § 2.14 - Determination of probable cause in absentia
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule § 2.14 - Determination of probable cause in absentia
When evidence is introduced before the judge concerning reasonable steps taken to make the minor and his parents or guardians appear at the hearing for determination of probable cause, and that it was not possible, the judge, after receiving said evidence, will be able to determine probable cause in absentia and shall issue a detention order. In this case, the judge shall include in the record the grounds for said determination of probable cause in absentia.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-15/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.15 - Detention order; form and requirements
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.15 - Detention order; form and requirements
Once probable cause is determined, if the judge deems necessary that the minor remains detained, he will issue a detention order. The detention order shall be issued in writing, in the interest of the minor, with the signature and official title of the issuing judge, addressed to the person in charge of the detention center. It should indicate the offense alleged in the complaint, the docket number thereof, the name of minor and the reason or motive for the detention. It shall also state the date and place of its issuance. The judge, when issuing a detention order, may examine, among other things, the legal and social record of the minor, if any, and hear the Specialist or Family Relations Technician who may have evaluated or supervised the minor. The judge ordering the detention of the minor shall be authorized to rescind said order and to order the release of the minor before the complaint is filed.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-16/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.16 - Detention order; review
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.16 - Detention order; review
The detention order will be subject to review, upon request of the minor, by the Court of First Instance with jurisdiction pursuant to §§ 2201 et seq. of this title, with prior notice to the Prosecutor. The hearing to review the detention order will enjoy preference over all other matters and will be scheduled on the closest possible date within the five (5) days following the filing of the petition for review, unless just cause existed to the contrary. At the hearing all circumstances pertinent to the release of the minor shall be considered, and the court shall hear, to that effect, the Prosecutor and examine the report prepared by the social worker. If release does lie in the judgment of the court, an order will be entered to such effect and the minor and his parents or guardians shall be summoned for the corresponding adjudicative hearing of the case.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-17/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.17 - Procedure in cases of minors referred from ordinary criminal procedure
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.17 - Procedure in cases of minors referred from ordinary criminal procedure
In cases where, after the cause for arrest or probable cause hearing pursuant to Rule 23 of Criminal Procedure, App. II of this title, it is established that the accused is a minor, the magistrate shall order the transfer of the record to the Prosecutor for the filing of the corresponding complaint before the Court of First Instance for Minors’ Affairs and shall cancel any posted bail. In cases where a minor who is already fourteen (14) years old is charged with murder and the magistrate established probable cause for a felony other than murder, the magistrate shall order the transfer of the record for this and any other felony arising from the same transaction to the Prosecutor, for the filing of the corresponding complaint before the Court of First Instance for Minors’ Affairs and shall cancel any bail posted. In these cases holding the hearing provided by Rules 2.9 and 2.10 of this appendix shall not be necessary, because cause has been determined previously in the ordinary procedure as an adult. When filing the complaint the Prosecutor shall request, if deemed necessary and pursuant to the applicable rules, a hearing to determine regarding the provisional detention, of the minor prior to the adjudicative hearing. History —Added on Aug. 29, 1990, No. 73, p. 432, § 1, eff. 30 days after Aug. 29, 1990.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.1 - Contents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.1 - Contents
The complaint is the writ filed by the Prosecutor in court, that describes the fault the minor is charged with, upon prior determination of probable cause. It shall be signed, sworn and filed with the clerk of the Court of First Instance that has jurisdiction pursuant to the provisions of the Minors’ Act, §§ 2201 et seq. of this title. The complaint shall contain the following information: (a) Part of the court with jurisdiction thereupon. (b) Docket number of complaint. (c) First name and family names, age and place of birth of the concerned minor. (d) Address of the minor—residential and mailing—and social security number thereof. (e) Certification regarding the appearance of the minor and of his parents or guardians at the hearing for determination of probable cause, that the minor was represented by counsel or that the right to was waived, and that the remaining statutory warnings were issued thereto. (f) Name, address—residential and mailing—and telephone number of each of the parents or guardians. (g) Offense alleged and its classification. (h) Relation of facts constituting alleged offense, date and place of their occurrence. (i) Name and address of the complainant and of all the witnesses. (j) Judge’s decision, name, signature and date. (k) Prosecutor’s sworn statement. If the determination of probable cause was done in absentia, pursuant to Rule 2.14 of this appendix, or any of the facts of subsections (c), (d), (e) and (f) of this rule is unknown they need not to be included. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.2 - Allegations; construction; sufficiency
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.2 - Allegations; construction; sufficiency
(a) The complaint shall be drawn with plain, simple language and shall contain a succinct relation of the facts constituting the alleged offense attributed to the minor. (b) The words used in the complaint shall be construed in their common meaning, with the exception of words and phrases defined in §§ 2201 et seq. of this title. No complaint shall be deemed insufficient due to the omission of any fact or of any material defect which would not harm the substantial rights of the minor.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.3 - Joinder of offenses
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.3 - Joinder of offenses
Two (2) or more offenses may be joined in the same complaint, but stated separately, when the alleged were equal or similar in nature, or would be derived from the same action or transaction, or from two (2) or more interrelated actions or events, or constituting parts of a common plan. Allegations pertaining to one offense may be incorporated to the others by reference. The court, after a timely and well-based request to this effect, shall have discretion to order separate hearings.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.4 - Allegation not stating date; effect
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.4 - Allegation not stating date; effect
The complaint shall state the date when the offense was perpetrated. Omission of such date shall not invalidate the complaint, unless said date constituted an essential circumstance for the alleged offense, the jurisdiction of the court, or the defense of the minor. The minor may request from the court an order to specify said date.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.1 - Discretional and Mandatory Petition
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.1 - Discretional and Mandatory Petition
(a) When probable cause is determined in the interest of a minor between fourteen (14) and eighteen (18) years of age, for the perpetration of any Class II or III offense, the Prosecutor may file a founded motion requesting the waiver of the courts’ jurisdiction over the responded minor and the removal of the case to the regular jurisdiction in order that the proceedings of the case continue as if the perpetrator were an adult, whenever he deems that the proceedings pursuant to §§ 2201 et seq. will be prejudicial for the best interest of the minor and of the community. (b) The Prosecutor must petition for a waiver of jurisdiction whenever: (1) Probable cause is determined in the interest of a minor between fourteen (14) and eighteen (18) years of age charged with the perpetration of a Class II or III offense had been adjudicated in his interest. (2) After determination of probable cause, the minor is charged with one of the following offenses: first degree murder, second degree murder, sexual assault, robbery, aggravated burglary and aggravated assault. History —Amended Oct. 7, 2009, No. 116, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.2 - Term; contents
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.2 - Term; contents
The Prosecutor shall submit the duly grounded petition for waiver of jurisdiction within fifteen (15) days following the filing of the complaint and the notice to the minor. For just cause and at its discretion, the court may authorize the filing of a petition for waiver of jurisdiction after the term has elapsed, but always prior to the holding of the adjudicative hearing of the case. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.3 - Docketing of hearing and notice
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.3 - Docketing of hearing and notice
Upon a duly grounded petition for waiver of jurisdiction, the court, during the five (5) days following the presentation of the petition, shall order the docketing of the hearing and shall notify the minor. The hearing for the waiver of jurisdiction shall be held within twenty (20) days following the filing of the petition. The scheduling for the waiver of jurisdiction hearing shall stay all terms regarding celebration of adjudicative hearing. If the court decides against waiver of jurisdiction, the aforementioned term shall continue to run beginning on the day notice of such decision is served. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.4 - Hearing proceedings
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.4 - Hearing proceedings
During the hearing, the Prosecutor shall introduce evidence supporting his petition. The minor can rebut that evidence and challenge the contents of any document introduced in evidence, as well as examine the persons underwriting expert reports. The court shall issue its decision upon the preponderance of evidence.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.5 - Decision and removal
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.5 - Decision and removal
The court shall enter within the twenty (20) days following the conclusion of the hearing of the case under its consideration. If the court enters a founded resolution declaring that the waiver of jurisdiction does lie, it will issue an order for removal of the case to the regular jurisdiction, to be tried as if it were an adult perpetrator and will set bail for the minor pursuant to criteria established by the Rules of Criminal Procedure, App. II of this title. In these cases, the minor for whom the court waives jurisdiction will be able to request the revision of bail set, through motion filed with the Part of the Court of First Instance of the venue which may know of the case. The order for removal shall include any kind of offense pending adjudication. Statements, evidence, documents and all other information held by the court shall accompany the record, except any of confidential nature pursuant to these rules, such as social, psychological, psychiatric or neurologic reports, plus expert witnesses’ evaluations in the socio-emotional area. The notice concerning the waiver, sent by the clerk of the court to the District Attorney or governing authority, shall not include the resolution entered. The Prosecutor shall be responsible for the immediate transfer of the minor to the pertinent authorities for these to initiate proceedings against him as an adult in the regular jurisdiction. History —Aug. 29, 1990, No. 73, p. 432, § 2, eff. 30 days after Aug. 29, 1990.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.6 - In absentia
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.6 - In absentia
The court may waive its jurisdiction when the minor is absent provided the following circumstances concur before a hearing where said minor should be represented by counsel: (a) The offense allegedly perpetrated by the minor occurred when said minor was already fourteen (14) years old; (b) the minor is a fugitive from justice, and (c) the Prosecutor has proved, to the satisfaction of the court, that he has taken sufficient action in order to locate said minor, without any success.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-5/rule-5-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 5 - REMOVAL›Rule 5.1 - When it shall be done
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 5 - REMOVAL › Rule 5.1 - When it shall be done
(a) By petition of the defendant or by the initiative of the Prosecutor, and after a joint evaluation with the family relations specialist, the court may authorize the removal of the minor from the judicial procedures, so that he may receive services from any public or private body, when a minor is charged with a Class I fault or with a Class II fault for the first time. (b) The Prosecutor shall file the petition for removal with reasonable time before the beginning adjudicative hearing, except for just cause. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-5/rule-5-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 5 - REMOVAL›Rule 5.2 - Consent; approval
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 5 - REMOVAL › Rule 5.2 - Consent; approval
(a) The minor, his parents or guardians or judicial defender and his attorney of record, if any, shall sign a written agreement with the Prosecutor or with the authorized official of the public or private body to which the minor will be referred. (b) The agreement shall include a brief description of the services offered, the conditions to be met by the minor, the acceptance by the public or private body and a warning of the consequences if he fails to comply with said conditions. It shall also contain the term of duration of the removal, which in no case shall exceed the term of the corresponding dispositive measure. The court shall docket the followup hearing in ninety (90) days if he has been charged with a Class I fault and in six (6) months when the fault charged is a Class II. (c) The court shall approve the agreement by means of resolution to such effect. Once the removal agreement is approved, all terms of quick trial shall stay. (d) All documents regarding the removal shall be included in the court records of the minor. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-5/rule-5-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 5 - REMOVAL›Rule 5.3 - Adjustment report; compliance of conditions
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 5 - REMOVAL › Rule 5.3 - Adjustment report; compliance of conditions
(a) Upon conclusion of term set for removal, the body participating in the aforesaid agreement shall have the obligation of rendering a report to the Prosecutor and the court regarding the degree of adjustment of the minor. The report shall indicate whether the minor has fulfilled all the conditions of the agreement. In case the minor has fulfilled said conditions, the Prosecutor shall request the docketing of the complaint within thirty (30) days after the date of service of notice of said report. (b) If the minor fails to comply with the terms of the agreement, the Prosecutor shall request a hearing to determine whether the procedure should continue. The terms of a speedy trial shall be resumed when the resolution that orders the reinstatement of the complaint is issued. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.1 - Motions, generally
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.1 - Motions, generally
Any motion before the adjudicative hearing shall be filed in writing, a reasonable period of time prior thereto, but the court, for justified reasons, may allow oral motions during the hearing. The motion shall state the ground for the defenses, objections or petitions moved and notice thereof must be served on the other party. The court shall rule upon the motion before the adjudicative hearing, unless it decides to postpone consideration thereof until such hearing.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.2 - Prior to the adjudicative hearing
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.2 - Prior to the adjudicative hearing
The following motions must be filed and ruled upon prior to the adjudicative hearing: (1) Motion to dismiss based upon defects in the complaint, except when the defects consist in not alleging offense or that the court lacks jurisdiction, which may be moved at any time. (2) Motion to dismiss based upon the following defenses and objections raised during the proceedings: (a) That the alleged offense had been previously adjudicated, or that the minor was previously in jeopardy of adjudication by the same offense; (b) that the cause or an essential controversy thereof is barred by res judicata; (c) that offense is barred by statute of limitation; (d) that probable cause was not determined pursuant to law; (e) that the adjudicative hearing was scheduled beyond the legal terms; (f) that the minor was granted immunity against proceedings for said offense, and (g) that the hearing to determine probable cause to file the complaint had been scheduled for a date beyond the legal limits. (3) Motion to suppress evidence. (4) Motion to request discovery. (5) Motion to plead mental disability or alibi defenses. (6) Motion to utilize identification mechanisms. History —Sept. 12, 1990, No. 86, p. 505, § 3.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.3 - When alleged defect does not bar further proceedings
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.3 - When alleged defect does not bar further proceedings
A resolution granting a motion to dismiss shall not bar the initiation of other proceedings for the same offense, unless the alleged defect or objection is incurable or, in case of Class I offenses, said motion did lie because it violates the terms established for the adjudicative hearing. If the motion is based upon defects of the complaint curable by amendment, the court shall order the amendment to be made and deny the motion. If the court should grant a motion based on curable defects in the filing, proceedings, or the complaint, it shall order the minor to remain under the court’s jurisdiction, under the same present conditions, for a specific term, subject to the filing of a new complaint. Nothing of the aforesaid shall affect the provisions regarding statute of limitation.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.4 - To request discovery of evidence
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.4 - To request discovery of evidence
The court, upon prior motion after the filing of the complaint, may order the Prosecutor to make available for examination by the legal counsel of the minor, certain objects, books, documents, and papers which are not sworn statements, except sworn statements by the minor, and which may have been obtained from the minor or from other persons through court order or otherwise, and which may be needed for the preparation of the defense of the minor, independently from the fact that the Prosecutor intends to introduce them as evidence or that the same may be inadmissible thereto. The order shall specify the time, place and manner of the examination and shall prescribe whatever terms and conditions deemed fair. The Prosecutor shall make available for inspection by the legal counsel of the minor any pertinent material or information which indicates the innocence of the minor. The court may refuse totally or partially to grant the discovery of information specifically requested or limit and establish conditions therefor, when it is demonstrated that granting said request could jeopardize the security of any person or violate the confidentiality or privilege of any communication. History —June 19, 1987, No. 33, p. 105, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.5 - Mental disability or alibi defenses; notice
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.5 - Mental disability or alibi defenses; notice
(a) When the minor intends to establish the defense of mental disability at the time of the alleged perpetration of the offense charged against him, or the defense of alibi, he shall file a notice to that effect with the court, serving a like notice on the Prosecutor, at least ten (10) days prior to the adjudicative hearing. The notice shall include the following details: (1) Regarding mental disability defense, the name and address of all witnesses and a list of all documents, writings or papers to be used in establishing said defense, excluding therefrom any testimony of the minor, and also informing who is the holder of such documents, writings or papers. (2) Regarding alibi defense, the name and address of all witnesses and a list of documents, writings or papers to be used in establishing said alibi defense, and also informing who is the holder of such documents, writings or papers; and informing, besides, about the place where the minor was at the state and hour when the offense was perpetrated, and since what time the minor was at that place and until what time he had been there. (b) The information thus furnished by the minor shall convey the reciprocal obligation of the Prosecutor of informing the minor regarding the name and address of the witness he intends to use to rebut the alibi or mental disability defense. (c) If the minor or Prosecutor does not comply with said required notice or information, they will not be entitled to introduce such facts in evidence. The court may allow said evidence to be introduced at the adjudicative hearing, when justified cause is demonstrated for the omission of such notice or information. In these latter cases the court may order the continuance of the adjudicative hearing or provide any other adequate remedy.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.6 - Identification mechanisms
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.6 - Identification mechanisms
Upon founded petition of the Prosecutor and through resolution to that effect, for investigative purposes, the court may authorize the use of mechanisms for the identification of a minor such as fingerprinting, photography and the utilization of a lineup. Fingerprinting shall be limited to cases where fingerprints have been found in the place of the events and is deemed necessary for the verification of existence of prior personal contact between the minor and objects in such a place. The fingerprint records, photographs and negatives thereof shall be sent to the court immediately after the investigation is concluded. They shall be identified only with the name, address and birth date of the minor, and shall be filed in the record inside a sealed envelope which shall be opened only upon court order. These shall remain there until the minor turns twenty-one (21) years old.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.7 - Norms for conducting a lineup
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.7 - Norms for conducting a lineup
When the court authorized the holding of a lineup for the purposes of identifying a minor, the following norms shall be observed: (a) Legal counsel.— If at the time of the lineup, the Prosecutor has already filed the complaint in behalf of the minor, the latter will have the right to have his legal counsel present while the same is being conducted. In such case, the attorney shall be notified with reasonable time in advance of the date of the lineup. If it is an indigent person or if his attorney does not appear, he shall be provided with legal assistance to such effect. The minor may waive his right to be represented by counsel during the lineup, provided it is done in writing and signed by the minor and by his parents or guardians. (b) Participation of the counsel of the minor in the lineup.— In the participation of the counsel of the minor in the act of the lineup the following rules shall be observed: (1) The counsel shall be allowed to watch the complete lineup process. (2) Any conversation among witnesses and the Police during the celebration of the lineup shall be listened to by counsel. (3) Questioning of witnesses shall not be permitted during the lineup. (4) Counsel may point out the violation of any of these rules to the official in charge of the lineup. If said official understands that said violation is occurring, it shall be corrected thereby. (c) Composition of lineup.— The lineup shall be composed of not less than four (4) persons besides the suspected minor. It shall be subject to the following conditions: (1) Parties included in the lineup shall have features similar to those of the suspected minor regarding age, sex, color, race and, inasmuch as possible, height, weight and attire shall be related to the minor’s. (2) In no case should there be more than one suspected minor included in the lineup. (3) Visible indications which ostensibly point out to the minor included in the lineup as the suspect or detained shall not be permitted. (d) Lineup procedure.— In the lineup proceedings the following rules shall be observed: (1) Witnesses shall not be permitted to see either the suspected minor or the rest of the participants prior to the lining up. (2) No information about the persons participating in the lineup shall be supplied. (3) If two (2) or more witnesses were to participate as identifiers, communication between them during the identification procedure shall not be permitted and each one shall make the identification separately. (4) The witness shall observe the lineup and, with minimal participation of peace agents or officers, shall identify in a positive manner the perpetrator of the offense, if present therein. (5) If the suspected minor is required to say any phrase, make a bodily move or wear a particular attire, the rest of the participants shall be likewise required to say, act or dress. (6) In no case, either expressed or otherwise, shall any suggestion be made to the witness regarding the person he should identify. (e) Record of proceedings.— In every proceeding pursuant to this rule minutes shall be taken by the person in charge of the lineup. The minutes shall include the name of all participants, the name of all people present, and a summary of the procedure observed. Moreover, a photograph should be taken of the lineup, as it was presented to the witnesses, as many times as required for clarity thereof. The minutes, photos and their negatives shall become part of the record of the Prosecutor and shall be subjected to the provisions of §§ 2201 et seq. of this title and of these rules. History —June 19, 1987, No. 33, p. 105.