url
stringlengths 42
388
| state
stringclasses 50
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-8/
|
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.8 - Continuance
|
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 6.8 - Continuance
|
Any motion for continuance shall be filed in writing at least five (5) days prior to the date set for the hearing. The motion shall state the grounds for the petition and offer no less than three (3) available dates for rescheduling.
The court shall peremptorily deny any motion not complying with the aforesaid. It may be filed during the hearing only if it is based upon extraordinary circumstances that could not be foreseen and without the control of the person filing the motion.
If the court grants the request, it shall enter a resolution stating the grounds therefor and shall schedule the hearing for the next available date in the court calendar.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-9/
|
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.9 - Suppression 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 6.9 - Suppression of evidence
|
The minor affected by an illegal search or seizure shall request from the court the suppression of any evidence obtained through such search or seizure on the return of seized property, for any of the following reasons:
(a) The property was illegally seized without a court order.
(b) The court order for search and seizure is insufficient on its face.
(c) The seized property or the person or place searched does not match the description thereof in the court order for search and seizure.
(d) No probable cause existed to believe in the existence of grounds for the court order.
(e) The search order was illegally issued or delivered.
(f) Any sworn statement serving as base for the issuance of the search court order is insufficient because whatever was sworn to was totally and partially false.
(g) Any other reason legally reorganized as a result of the illegality of said search and seizure.
The court will hear the evidence on any question of fact necessary for the resolution of the petition. If the motion is granted, the property shall be returned, if there is no legal basis against it, and it shall not be advisable in evidence in any hearing. The motion shall be filed five (5) days prior to the adjudicative hearing unless there was no opportunity therefor or the minor does not have personal knowledge of the grounds for the motion, or the illegality in obtaining the evidence arises from the evidence introduced by the Prosecutor during the ajudicative hearing.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-10/
|
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.10 - Disqualification
|
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 6.10 - Disqualification
|
Either the Prosecutor or the minor may file a sworn, written motion requesting the disqualification of the judge on any of the following grounds:
(a) That the judge has been Prosecutor or defense attorney of the minor.
(b) That the judge has ordered as a magistrate the apprehension, provisional detention or summons, or participated in the determination of probable cause to file a complaint.
(c) That the judge has a personal interest in the outcome of the case.
(d) That the judge has a preconceived opinion or prejudice for or against any of the parties, or that he has prejudged the case.
(e) That the judge is related, within the fourth degree of consanguinity or affinity, to the minor, the victim of the alleged offense or to the defense attorney or Prosecutor.
(f) That the judge is an essential witness in the case.
The judge whose disqualification is requested shall not entertain thereupon, and the motion therefor shall be argued before another judge.
Nothing provided heretofore shall preclude a judge from being disqualified motu proprio for any justifiable cause.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-11/
|
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.11 - Pretrial conference
|
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 6.11 - Pretrial conference
|
The court, motu proprio or upon motion of the minor or the Prosecutor, may order holding of one or more conferences to consider any matters susceptible of being adjudicated or stipulated prior to the adjudicative hearing.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-1/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.1 - Time; rights 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 7 - ADJUDICATIVE HEARING › Rule 7.1 - Time; rights of the minor
|
The adjudicative hearing shall be scheduled within sixty (60) days following the determination of probable cause if the minor is under custody of parents or person responsible therefor, or within thirty (30) days, if the minor is being held at a detention center, unless the delay is due to a request from the minor, his parents or guardians, or to a justifiable cause therefor. The judge presiding over the hearing shall not be the same who presided over the determination of probable cause hearing.
The minor has the right to representation by counsel—if he lacks the necessary means therefor, the court shall appoint one—, the right to cross examine witnesses and to introduce evidence in his defense. The Rules of Evidence, App. IV of Title 32, shall apply and the Prosecutor must prove his allegations beyond any reasonable doubt.
The minor shall be presumed innocent until the contrary is proven and, in case of reasonable doubt regarding the existence of the alleged offense and its perpetration by the minor, said minor shall be pronounced not liable therefor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-2/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.2 - Reading of the complaint; warnings to the minor; hearing 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 7 - ADJUDICATIVE HEARING › Rule 7.2 - Reading of the complaint; warnings to the minor; hearing in absentia
|
(a) At the beginning of the adjudicative hearing, the court shall read the complaint, unless said reading is waived by the minor. The minor and his parents or guardians shall be present during the reading of the complaint and during all the proceedings.
(b) At the time of the reading of the complaint, the court shall warn the minor that if he leaves the hearing or fails to return during any stage of the hearing, the proceedings shall continue in absentia until the final disposition of the case, and his absence shall be deemed as a waiver of his right to be present at the subsequent stages of the procedure.
If the minor leaves the hearing room, the court, after investigation and determining that it is a voluntary absence, shall continue the proceedings in absentia until the final disposition of the case, provided the minor is represented by counsel and his parents or guardians or court appointed defender are present in case the latter are interested in being present.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-3/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.3 - Pleas
|
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 7 - ADJUDICATIVE HEARING › Rule 7.3 - Pleas
|
The minor shall plead either denying or admitting the facts. If the minor refuses to plead, or the court determines that he/she is voluntarily absent from the hearing, a plea of denial of the facts shall be entered.
(a) Plea bargaining.—
(1) In all cases in which a plea bargaining arrangement exists between the defendant’s defense and the Prosecutor for Minors’ Affairs, the procedure to be followed shall be that contemplated in Criminal Procedure Rule 72 insofar as it is not incompatible with the Puerto Rico Minors’ Act, §§ 2201 et seq. of this title, and these rules.
(2) When deciding whether to accept from a minor a guilty plea which derives from a plea bargaining arrangement, the Juvenile Court Judge shall ascertain that said plea has been entered into in the defendant’s full awareness, conformity and willingness; that his/her rights have been explained to him/her, as well as the implications of such a plea; that he/she was accompanied by his/her parents or by an adult with an interest in his/her welfare; that it is convenient to the sound administration of justice; and that said plea was reached pursuant to the law and ethics required from the defense attorney and the Prosecutor.
History —Amended Apr. 2, 2007, No. 30, § 2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-4/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.4 - Admission of the facts; refusal of the court; permission to change pleas
|
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 7 - ADJUDICATIVE HEARING › Rule 7.4 - Admission of the facts; refusal of the court; permission to change pleas
|
The court may refuse to receive an allegation from the minor in which he admits the facts and may direct that an allegation refusing them be entered. At the time prior to the adjudication of the case, it may allow that the allegation admitting the facts be withdrawn and substituted by an allegation denying the facts or by one that admits the commission of a lesser fault than the one charged.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-5/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.5 - Admission of the facts; duty of the court
|
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 7 - ADJUDICATIVE HEARING › Rule 7.5 - Admission of the facts; duty of the court
|
The court shall not accept a plea of admission of the facts from the minor without first determining that it is made voluntarily, with awareness of the nature of the alleged offense and of the consequences of said plea. Furthermore, the court shall warn the minor regarding:
(a) His right to be represented by counsel during all stages of the procedure and that, if he lacks the economic means, the court shall appoint one to represent him.
(b) His right to be presumed innocent, until proven to the contrary, and to have the Prosecutor prove the alleged facts beyond any reasonable doubt.
(c) His right not to declare on the stand, and to have witnesses for his defense subpoenaed.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-6/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.6 - Order of the 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 7 - ADJUDICATIVE HEARING › Rule 7.6 - Order of the evidence
|
The Prosecutor shall open the adjudicative hearing stating orally to the court the nature of the offense which he expects to prove, the proof he expects to produce to uphold the complaint and shall offer his evidence in support thereof. The legal representative of the minor shall then set forth in a concise manner the proofs for his evidence in support thereof. The Prosecutor and the minor charged with the offense may, in that order, offer rebutting evidence only against the evidence originally offered, unless the court, for good reason and in furtherance of justice, shall permit them to offer additional evidence upon the alleged offense.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-7/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.7 - Peremptory acquittal
|
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 7 - ADJUDICATIVE HEARING › Rule 7.7 - Peremptory acquittal
|
The court, motu proprio or on motion of the minor, shall declare said minor not liable for the offense or offense alleged in the complaint, if, after the evidence on either side is closed, it would be deemed insufficient to uphold the perpetration of said offense.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-8/
|
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 7 - ADJUDICATIVE HEARING›Rule 7.8 - Adjudication of the case
|
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 7 - ADJUDICATIVE HEARING › Rule 7.8 - Adjudication of the case
|
After presenting the evidence and the reports by both parties have been concluded, the court shall immediately issue its decision unless it finds it necessary to reserve its opinion, in which case, and excepting the express waiver of the minor or his legal counsel if the minor is not present, shall issue it within two (2) days following the conclusion of the adjudicative hearing.
If the court determines that the minor has not been guilty of a fault and said minor is detained, it shall order his immediate release, unless he must continue in detention by virtue of a valid order issued in another procedure.
History —June 19, 1987, No. 33, p. 105.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-1/
|
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 8 - RESOLUTORY HEARING›Rule 8.1 - Disposition of the case, term
|
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 8 - RESOLUTORY HEARING › Rule 8.1 - Disposition of the case, term
|
The dispositive hearing is that in which the court imposes the dispositive measure. It shall be held upon the conclusion of the adjudicative hearing, unless the court, by petition of the minor or the prosecutor, dockets it for a subsequesnt date. In such case, the hearing shall be held within three (3) days following the date on which the court issued its opinion, unless if the minor waives the same. When the postponement is granted, the court shall order that the minor shall remain under the same conditions which were imposed on him upon the conclusion of the hearing for probable cause to file the complaint. Upon a petition of the minor or the Prosecutor, the court may modify said conditions. The judge must have before him a social report prior to disposing of the case of a minor who is found guilty.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-2/
|
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 8 - RESOLUTORY HEARING›Rule 8.2 - Procedure for the resolutory 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 8 - RESOLUTORY HEARING › Rule 8.2 - Procedure for the resolutory hearing
|
The minor, his attorney, parents, guardians or court-appointed defender and the Prosecutor shall be present during the resolutory hearing. The court shall allow the Prosecutor as well as the attorney for the minor to offer written evidence or witnesses concerning the most adequate resolutory measure. The court shall also permit them to challenge the contents of any document offered in evidence and to examine the persons who are responsible for supplying the court with any information.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-3/
|
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 8 - RESOLUTORY HEARING›Rule 8.3 - Report for disposing of case
|
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 8 - RESOLUTORY HEARING › Rule 8.3 - Report for disposing of case
|
The court, prior to disposing of the case, must have before it a social report including all facts related to the minor, his relatives, his circumstances and any further information which permits the court to make an adequate disposition, according to the best interest of the minor and the protection of the community.
The Specialists and Family Relations Technicians and other experts assigned to the court shall perform all investigations, examinations, evaluations and studies necessary to supply and prepare the social reports needed for the most adequate disposition. They shall proceed under the court’s authority and, to that effect, with prior authorization, they shall be able to subject the minor to the necessary physical and mental studies. If the minor’s parents or guardians or the court-appointed defender refuse to supply the information required for the social report, they may be held in contempt of court.
If parents or guardians or court-appointed defenders are set against subjecting the minor to those examinations, a hearing will be held where they shall state their reasons therefor. If at the hearing they fail to justify their opposition, the court, exercising its parens patriae authority, shall order the minor to be subjected to the necessary examinations.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-4/
|
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 8 - RESOLUTORY HEARING›Rule 8.4 - Resolutory measure
|
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 8 - RESOLUTORY HEARING › Rule 8.4 - Resolutory measure
|
The resolutory measure may be nominal, conditional or custody. Conditional or custody measures shall include provisions regarding term of duration pursuant to § 2227 of this title and the foundation that upholds them. The court shall take into consideration criteria which allow for individualization of the needs of the minor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-5/
|
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 8 - RESOLUTORY HEARING›Rule 8.5 - Duration of resolutory measure
|
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 8 - RESOLUTORY HEARING › Rule 8.5 - Duration of resolutory measure
|
(a) The term adjudicated by the court shall not exceed the maximum provided by law, or may be a lesser term. The maximum term provided by law may be extended when circumstances foreseen in §§ 2201 et seq. of this title occur.
(b) The resolutory measure shall cease whenever any of the following circumstances is present:
(1) The maximum term provided by law has expired, except when circumstances mentioned in § 2229 of this title occur;
(2) the minor turns 21 years old, or
(3) when the minor is considered rehabilitated.
(c) If a custody measure should be imposed, the court shall deduct therefrom, at the time of entering its resolution, the time the minor has remained under provisional detention.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-6/
|
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 8 - RESOLUTORY HEARING›Rule 8.6 - Concurrent or consecutive terms
|
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 8 - RESOLUTORY HEARING › Rule 8.6 - Concurrent or consecutive terms
|
The court, upon determining the resolutory measure, shall include in its resolution whether the term of custody or supervision determined shall run concurrently or consecutively with any other terms imposed on the minor. If such provision is omitted, the term shall be deemed running concurrently with any others imposed either in its resolution or priorly imposed on the minor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-7/
|
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 8 - RESOLUTORY HEARING›Rule 8.7 - Resolution and adjudication
|
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 8 - RESOLUTORY HEARING › Rule 8.7 - Resolution and adjudication
|
The court decision on resolution and adjudication shall be drawn in plain language, and shall include the determinations of the court and measures to be applied to the minor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-8/
|
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 8 - RESOLUTORY HEARING›Rule 8.8 - Progress reports on the minor under probation
|
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 8 - RESOLUTORY HEARING › Rule 8.8 - Progress reports on the minor under probation
|
The Specialist or Family Relations Technician shall file with the court evaluation reports on each minor assigned to his supervision within the terms specified by the court. These reports shall include recommendations regarding desirable changes in the condition set in the resolution, for consideration of its extension, modification or cessation, according to the achievements of the rehabilitating process.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-9/
|
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 8 - RESOLUTORY HEARING›Rule 8.9 - Progress reports on the minor under custody
|
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 8 - RESOLUTORY HEARING › Rule 8.9 - Progress reports on the minor under custody
|
The director of the institution on public or private body in custody of a minor shall submit periodic reports on the evaluation of the minor, within the terms required by the court. These reports shall contain pertinent recommendations regarding extension, modification, or cessation of the resolutory measure, according to the achievements in the rehabilitating process. Likewise, it shall be their duty to submit an evaluating report to the court whenever a petition for review, modification or cessation of the resolutory measure is filed.
When the head of the agency or public or private organization recommends the release of the minor, his report shall include a plan for said release and reincorporation to the community.
Evaluation reports shall contain information on the condition, physical, emotional and moral progress of the minor as well as other services offered.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-10/
|
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 8 - RESOLUTORY HEARING›Rule 8.10 - Information to be made available to public and private body
|
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 8 - RESOLUTORY HEARING › Rule 8.10 - Information to be made available to public and private body
|
When a judge enters a resolution for the confinement of a minor to an institution, he shall also order that, within ten (10) days following the date of the resolution, a summary of the information on files of the court shall be sent to such public or private body.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-11/
|
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 8 - RESOLUTORY HEARING›Rule 8.11 - Periodic review of resolutory measure
|
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 8 - RESOLUTORY HEARING › Rule 8.11 - Periodic review of resolutory measure
|
The court, after due notice and hearing, shall make periodic pronouncements regarding the extension, modification or cessation of the resolutory measures. In cases of Class I offenses, the review shall be held every three (3) months, and in cases of Class II or III offenses, every six (6) months, notwithstanding the possibility of doing it at any time upon request of interested party.
The court shall take into consideration, when reviewing the resolutory measure, the reports before it, as well as any other evidence offered at the hearing and shall enter a resolution to maintain, extend, modify or terminate said measure.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-12/
|
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 8 - RESOLUTORY HEARING›Rule 8.12 - Modification of resolutory measure
|
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 8 - RESOLUTORY HEARING › Rule 8.12 - Modification of resolutory measure
|
The minor, his parents, guardian or court-appointed representative, or any person under the custody of whom said minor has been placed, may file a founded petition with the court to request the modification of the resolutory measures.
Notice of every petition to modify a resolutory measure shall be served upon the minor, his parents, or guardians, the Prosecutor and the director of the public or private body where said minor is under custody.
If the court considers that the petition alleges sufficient grounds, it shall order the Family Relations Specialist or Technician to perform an investigation on the allegations of said petition and to render a report thereabout. A hearing shall be scheduled, with notice thereof to all interested parties, to receive evidence. Once the hearing is concluded, the court shall enter a resolution concerning modification of the resolutory measures.
When changing resolutory measure from custody to parole, the term of the new measure shall not exceed the maximum for the custody. The time spent by the minor under custody shall be totally deducted from the term to be served under the new resolutory measure.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-13/
|
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 8 - RESOLUTORY HEARING›Rule 8.13 - Revocation of resolutory measure
|
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 8 - RESOLUTORY HEARING › Rule 8.13 - Revocation of resolutory measure
|
(a) Whenever, in the technical judgment of the Family Relations Technician or Specialist in charge of supervising a minor, said minor has violated any of the conditions for parole, or when reasons existed to believe that the minor’s behavior is incompatible with due community security, the Prosecutor shall be notifed thereby, and the latter shall initiate proceedings for revocation of parole.
(b) The Prosecutor shall file a grounded petition for the revocation of parole before the corresponding judge.
(c) Ex parte initial interview.— Upon receiving the petition, the judge shall hold an ex parte inital interview to determine if there is probable cause to believe that the minor has been guilty of conduct that merits the revoking of the conditional measure. On concluding the interview, the judge shall issue an order for summons or detention, as he may determine.
The determination of the judge regarding apprehension or summoning during this phase shall be based, among other considerations, upon the interview with the Family Relations Specialist or Technician and the examination of the report, the seriousness of the allegedly unfulfilled conditions, the record, the behavior during parole and other pertinent circumstances. The apprehension order or summons issued during this phase shall include a relation of proceedings, a description, clear and concise, of the alleged violations to the parole conditions and the date of the initial summary hearing or of the hearing in the merits for revocation of the parole as the case may be.
If the apprehension of the minor is ordered, the minor shall be taken before the corresponding judge for an initial summary hearing within no more than seventy two (72) hours from the moment of the apprehension.
At the conclusion of the hearing the judge shall enter an order for summons or apprehension, as the case may be.
(d) Initial summary hearing.— The court shall hold an initial summary hearing in order to determine whether provisional revocation and apprehension of the minor until the hearings on the merits does lie. The minor shall be entitled to legal counsel, to be heard and to introduce evidence on his behalf. The minor shall also confront the Family Relations Specialist or Technician and any adverse witnesses available during this phase. The burden of proof shall be on the Prosecutor.
There will be an informal hearing where Rules of Evidence, App. IV of Title 32, shall apply flexibly thereto in order to retain the nature of and not to jeopardize the procedure. If the judge with whom the petition was filed deems that there is probable cause, the order of revocation of parole shall be entered and a notice of apprehension shall be served on the minor.
The court shall prepare a written succinct relation of the proceedings and the decision, with notice served on the minor parolee and the Prosecutor.
(e) Final hearing.— The court shall hold a final hearing on revocation of parole. It shall be held within thirty (30) days following the date of the initial summary hearing, except for just cause.
(1) The minor shall be notified in writing and with sufficient time of the alleged violations to probation so that he may prepare himself adequately. Subject to the provisions of Rule 10.2(b) of this appendix may confront the oral evidence against him and present evidence in his behalf.
(2) The burden of proof rests on the Prosecutor. The decision of the court, based on the preponderance of evidence, shall be given in writing and shall specify the findings of facts, the evidence that supports them, and the grounds of his resolution.
(3) The court may consolidate the initial and final hearings when the initial hearing is continued upon motion of or for reasons attributed to the minor parolee or of his attorney, or when the Prosecutor does not request or obtain the apprehension thereof. In this last case the final hearing for revocation shall be notified with not less than thirty (30) days prior to its scheduled date.
(4) The initial summary and final hearings shall be held before different judges. The final hearing may be held before the same judge who granted the parole.
(f) When the court orders the revocation of parole, it shall order the custody measure corresponding to the offense perpetrated, as provided by § 2227 of this title. The term of the parole shall not be taken into consideration.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-14/
|
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 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.14 - 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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.14 - Generally
|
In cases where the minor is held in violation of §§ 5001 et seq. of Title 9, the court may impose either the measures provided by those sections, or any of the resolutory measures provided in §§ 2201 et seq. of this title for Class I offenses.
The court, furthermore, may suspend the minor’s license to drive motor vehicles and order any other administrative measure provided in §§ 5001 et seq. of Title 9.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-15/
|
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 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.15 - Payment of fines
|
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.15 - Payment of fines
|
The minor shall be bound to pay any fines and the procedural costs within the term set by the court.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-16/
|
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 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.16 - Nonpayment of fine
|
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.16 - Nonpayment of fine
|
If the minor does not pay the fine, the court may apply any one of the resolutory measures established by the law for Class I offenses.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-17/
|
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 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.17 - Administrative violations
|
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.17 - Administrative violations
|
For administrative violations charged against a minor, the procedure provided by §§ 5001 et seq. of Title 9 shall be followed.
The administrative fines shall constitute a lien on the concerned vehicle, and notation thereof shall be taken by the Department of Transportation and Public Works until the fine is completely paid.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-18/
|
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 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.18 - Appeal for 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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.18 - Appeal for review
|
The minor to whom a ticket is issued for an administrative traffic violation may file an appeal for review under the Vehicle and Traffic Act of Puerto Rico, at the Minors’ Part corresponding to the place where the violation occurred, within the term provided in said act.
The appeal shall be served on the Advocate for Minors’ Affairs simultaneously with the date of filing. The court shall consider the appeal for review within the shortest time possible. Once the hearing is held, if the court considers that the minor did not incur the alleged violation, it shall exonerate him/her and direct the Department of Transportation and Public Works to cancel the lien on the vehicle involved or on the minor’s driver’s license, as the case may be.
History —July 27, 1996, No. 87, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-9/rule-9-1/
|
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 9 - APPEAL CERTIORARI›Rule 9.1 - Review by the Supreme Court
|
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 9 - APPEAL CERTIORARI › Rule 9.1 - Review by the Supreme Court
|
(1) Final orders and resolutions entered by the Court of First Instance pursuant to §§ 2201 et seq. of this title, known as the “Puerto Rico Minors’ Act”, may be appealed before the Circuit Court of Appeals, except when the final resolution is based upon an allegation of the minor admitting the facts, in which case only the writ of certiorari shall proceed, to be issued by the Circuit Court of Appeals, at its discretion. Interlocutory orders and resolutions may be reviewed before the Circuit Court of Appeals, through writs of certiorari filed by the minor or by the Advocate for Minors’ Affairs. The rules adopted by the Supreme Court of Puerto Rico shall govern the filing of these writs, subject to the following norms:
(a) The order or resolution shall be reviewed on behalf of the minor and by petition of the parent, guardian, person in charge, interested party, or director of the department or agency in charge of his/her custody.
(b)
(i) The appeal shall be perfected by filing a written petition therefor pursuant to the provisions of the “Judiciary Act of the Commonwealth of Puerto Rico of 2003”, §§ 24 et seq. of Title 4, within thirty (30) days following the date when the final resolution of the case was pronounced. This term is jurisdictional. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing. SEE Art. 4.06 of the Judiciary Act of 2003.
(ii) The writ of certiorari of a final resolution issued by the Court of First Instance based on the guilty plea of a minor shall be perfected by filing a writ or petition for certiorari pursuant to the provisions of the “Judiciary Act of 2003”, §§ 24 et seq. of Title 4, and within thirty (30) days following the date when the final resolution of the case was pronounced. This term is jurisdictional. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
Should any of the parties request reconsideration of the final resolution within the non-extendable term of fifteen (15) days since the final resolution was pronounced, the term to file an appeal or a writ of certiorari shall remain uninterrupted and the same shall begin to count as of the date on which notice of the resolution pronounced by the court granting the motion for reconsideration is filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(iii) The petition for certiorari to review interlocutory orders and resolutions issued by the Court of First Instance shall be perfected by filing a writ of certiorari pursuant to the provisions of the “Judiciary Act of 2003”, §§ 24 et seq. of Title 4, and within thirty (30) days following the date on which notice of the order or resolution was served. This term shall be strictly observed, except when special circumstances duly grounded in the petition for certiorari are involved. The filing of a motion for reconsideration shall not interrupt the term to file a petition for certiorari under this clause unless the Court of First Instance accepts the motion within the thirty (30) -day term provided in this subsection to file a petition for certiorari. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(iv) Notice of the writ of appeal or certiorari shall be served on the Attorney General of Puerto Rico directly, and to the Advocate for Minors’ Affairs, and, if such be the case, to the minor and the director of the public or private entity in whose charge the minor rests custody, and to any intervening party. Notice of the writ shall also be served on the appealed court or the Circuit Court of Appeals, as the case may be, depending on which court it was filed at and in accordance with the provisions of Reorganization Plan No. 1 for the Judicial Branch, approved on July 28, 1994, as amended, known as the “Judicature Act of 1994”. Failure to serve the writ to the corresponding court or to the parties shall be grounds for dismissal of the appeal.
(2)
(a) The writ of certiorari before the Supreme Court to review judgments in appeals issued by the Court of Appeals shall be filed with the Office of the Clerk of the Supreme Court within the jurisdictional term of thirty (30) days counted from the date on which a copy of the notice of the judgment appealed is filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(b) The writ of certiorari before the Supreme Court to review other final judgments or resolutions of the Court of Appeals in writs of certiorari, shall be filed with the Office of the Clerk of the Supreme Court within a term of thirty (30) days counted from the date a copy of the notice of the appealed judgment was filed in the case record. This term shall be strictly observed, and extendable only when special circumstances duly grounded in the petition for certiorari are involved. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(c) The party adversely affected by a final resolution or judgment of the Court of Appeals may file a motion for reconsideration within a non-extendable term of fifteen (15) days from the date on which a copy of the notice of the resolution or judgment is filed in the case record. The term to resort to the Supreme Court shall begin to count again on the date on which a copy of the notice of the resolution or judgment of the Court of Appeals finally resolving the motion for reconsideration was filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(3) Filing an appeal or certiorari shall not stay the effects of the order or resolution in question, unless the Supreme Court or Puerto Rico or the Circuit Court of Appeals rules otherwise.
(4) The decisions of the Supreme Court of Puerto Rico and the Circuit Court of Appeals shall omit the name and family names of the minor and all persons thus affected, and any other fact which would identify the minor or persons affected, but the letters of their name or any fictitious name may be used.
History —July 27, 1996, No. 88, § 1; Feb. 26, 2010, No. 21, § 1, eff. 30 days after Feb. 26, 2010.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-1/
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.1 - Court record
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.1 - Court record
|
A court record shall be kept for every minor against whom a complaint is filed, which shall consist of two (2) parts; legal and social.
In the legal part the original complaint, birth certificate of the minor, summons, resolutions entered and orders issued by the court, pleas, and whatsoever other briefs or motions related with the case shall be filed, as well as any document introduced in evidence, including expert witnesses’ reports. In the social part the reports of the family relations specialist or technician to the court on the social study and supervision of the minor shall be filed and whatsoever other evaluating reports on the minor.
The court record shall be cumulative and remain under the custody of the court clerk.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-2/
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.2 - Confidentiality of record
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.2 - Confidentiality of record
|
(a) The court record shall be confidential, with the sole exception regarding the provisions of Rule 4.5 of this appendix. It may be examined only by the Prosecutor, the attorney of record for the minor or the officers of the court at the place and time designated therefor.
(b) All information supplied by private persons demanding such guaranty shall be kept confidential. If the court deems necessary, it will order the Prosecutor and the defense to abstain from divulging said information to the minor, his parents or guardians inasmuch as it may be prejudicial to them, under pain of being held in contempt of court, and other disciplinary measures.
(c) The court, exercising its parens patriae powers shall also adopt cautionary measures to prevent that information potentially prejudicial to the physical and mental welfare of the minor be divulged to him, his parents, guardians or court-appointed defender.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-3/
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.3 - Information on records
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.3 - Information on records
|
The records shall not be subject to public inspection, except when the court so grants to officers of the General Court of Justice in official activity, or to persons of high professional or scientific reputation who demonstrate in writing the need for or interest in obtaining information for official work, research or study. The judge shall always establish the conditions under which this information may be offered.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-4/
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.4 - Prosecutor and Police records; confidentiality
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.4 - Prosecutor and Police records; confidentiality
|
The records of the Prosecutor and Police regarding minors shall be confidential. Said records shall be kept in files separate from the records of adults.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-5/
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.5 - Removal of records between Parts
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.5 - Removal of records between Parts
|
(a) The record of a minor who has been unduly prosecuted as an adult shall be removed to the Prosecutor for ulterior proceedings.
(b) Any case related to a minor shall be removed from a Minors’ Part to another if the welfare of the minor so indicates or if the minor changes his residence. The removal order shall be recorded in writing and sent to the other part together with the record. The judge of the part where the case is removed to shall, without any delay, continue its proceedings to its conclusion.
(c) If a minor on parole changes residence the court may order the removal of the record for the Minors’ Part with venue thereupon to continue the supervision of the minor.
The resolution ordering the removal shall include any additional measures deemed necessary.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-6/
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.6 - Final disposal of record
|
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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.6 - Final disposal of record
|
Documents related to minors’ cases, where no probable cause has been determined, where no offense has been perpetrated, or where complaints have been dismissed shall be destroyed, after recording pertinent data for statistical purposes only.
Once the jurisdiction of the court has ceased, the records of minors found perpetrating offenses shall be sealed and dealt with pursuant to the Rules for the Administration of the Program for Preservation and Disposal of Documents of the Judiciary.
When deviation has been granted and the court has ordered the docketing of the complaint or complaints because the stipulations may be deemed complied with, the documents concerning said deviation and services rendered shall be kept in the court record of the minor in order that they may be considered as part of the social record of said minor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-11/rule-11-1/
|
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 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES›Rule 11.1 - Stenographic transcript or recording
|
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 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.1 - Stenographic transcript or recording
|
The proceedings before the court shall be taken either by shorthand or tape recording. No other recordings of the proceedings shall be allowed, except by the attorney of the minor and the Prosecutor for the sole purpose of adequate preparation of their case.
Shorthand notes and/or recording of proceedings shall remain under custody of the clerk who will not allow their examination without prior authorization of the court.
The transcription of shorthand notes or recordings may be done only when ordered by the appellate court.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-11/rule-11-2/
|
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 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES›Rule 11.2 - Register of complaints
|
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 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.2 - Register of complaints
|
The clerks of each part of the court shall keep a Register of Complaints log where they shall enter all complaints and proceedings concerning minors. The Courts Administrative Director shall establish form and style of said register. Each complaint shall be numbered in the corresponding consecutive order of filing. The documents filed, the court orders, services, appearances, and resolutions shall be entered chronologically.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-11/rule-11-3/
|
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 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES›Rule 11.3 - Minutes
|
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 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.3 - Minutes
|
The clerk of the court shall keep a minutes book where he shall enter a brief summary of the proceedings in each case, taking note of their date, number of the complaint, the name of the minor and the determinations of the judge. This book shall be strictly confidential and shall remain always under the clerk’s custody.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-1/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.1 - Summons; persons who can issue it
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.1 - Summons; persons who can issue it
|
Any summons for a hearing shall be issued by the clerk of the court or by the judge on behalf of the People of Puerto Rico and shall require that any person to whom it is addressed shall appear before the court on the date, hour and place specified in the summons, under admonition of contempt of court. The judge may summon any person in open court.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-2/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.2 - Summons
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.2 - Summons
|
Summons requiring appearance of witnesses for hearings on complaints shall be given to marshalls or officers of the court for service thereof.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-3/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.3 - Service
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.3 - Service
|
Summons shall be served at least with reasonable time in advance of the date of the appearance in court.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-4/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.4 - Procedure and proof thereof
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.4 - Procedure and proof thereof
|
The person in charge of service of summons shall deliver a copy thereof to the person to whom it is addressed, shall record in the summons his signature, date and place of service. Minors and his parents or any other persons in charge of minors shall be served personally.
If the person to whom the summons is addressed could not be located, the summons may be served at his domicile or residence, on any person of sufficient age and discretion residing there with instructions of making it reach the person to whom it is addressed.
The server of the summons shall file with the clerk of the court the certification of service no later than the day prior to the hearing.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-5/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.5 - Other forms; by mail and telephone
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.5 - Other forms; by mail and telephone
|
When the minor does not reside with his parents, the latter may be summoned by registered mail with receipt acknowledged if their address is known.
Judges and clerks may order summons by telephone.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-6/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.6 - Noncompliance; effects
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.6 - Noncompliance; effects
|
If the summoned person does not appear in court without just cause, or fails to present the minor before court, said person may be held in contempt of court. The court may issue an order for the arrest thereagainst and for the detention of the minor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-7/
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.7 - Notice of resolutions and orders
|
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 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.7 - Notice of resolutions and orders
|
Every resolution entered or order issued shall be notified to the affected party or the attorney of record thereof, if there is one. Service of notice shall be done by delivering a copy thereof to the party of the attorney or mailing it to his last known address. Notice may also be served at the usual residence or domicile of the person to whom it is addressed, in the hands of a person of sufficient age and discretion who resides there, with instructions to deliver it to the person to whom it is addressed.
When a resolution or order is addressed to a minor, notice shall be served delivering it to the minor and his parents, guardians, attorney or court-appointed defender. If they refuse to receive it, it shall be recorded in the service and the notice shall be deemed validly served. It shall also be served on the head of the public or private body where the minor has been placed by the judge, the director of the institution where the minor resides or any other party interested in the welfare of the minor when so ordered by the judge.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-1/
|
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 13 - GENERAL PROVISIONS›Rule 13.1 - Search warrant; requirements; form and 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 13 - GENERAL PROVISIONS › Rule 13.1 - Search warrant; requirements; form and contents
|
No search or inspection warrant shall be issued against a minor, unless it is pursuant to a sworn statement given before a judge under oath or attesting thereto, which establishes the facts that served as grounds to issue it. If, from the sworn statement and the examination of the deponent, the judge is convinced that there is probable cause for the search or inspection, he shall issue the warrant in which he shall name or describe, in detail, the person or the place to be searched and the things or property that shall be seized. The warrant shall state the grounds for the issuing thereof and the name of the persons on whose sworn statement it is grounded, he shall direct the official to whom it is addressed to immediately search the person or place indicated therein, to seize the property specified, and return the served order to the judge, together with the property seized. The warrant shall be executed during the daytime hours, unless the judge, due to reasons of necessity and urgency, provides that the same be executed at any time of the day or night.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-2/
|
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 13 - GENERAL PROVISIONS›Rule 13.2 - Serving of search warrant
|
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 13 - GENERAL PROVISIONS › Rule 13.2 - Serving of search warrant
|
The search or inspection warrant shall be carried out and returned served within ten (10) days following the date it is issued. The official shall give the person whose property is seized or who is in possession thereof, a copy of the warrant and a receipt for the property seized or shall leave said copy and receipt in the place where he seized the property. The serving shall include a written inventory of the property seized made in the presence of the person who requested the warrant, and of the person at whose house or place the property was seized, if said persons were present; if any one of these persons were not present it shall be done in the presence of a trustworthy person. The inventory shall be sworn by the person serving it. By petition of the person who requested the search or inspection, or of the person whose property was seized, the judge shall hand them a copy of the inventory.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-3/
|
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 13 - GENERAL PROVISIONS›Rule 13.3 - Revision of a served search warrant
|
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 13 - GENERAL PROVISIONS › Rule 13.3 - Revision of a served search warrant
|
The judge to whom a served search or inspection warrant has been returned shall attach to the order a copy of the service, the inventory of the property seized, the sworn statements and any other documents related to the warrant and the property seized. The judge shall remit all of this to the Prosecutor.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-4/
|
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 13 - GENERAL PROVISIONS›Rule 13.4 - Limitations
|
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 13 - GENERAL PROVISIONS › Rule 13.4 - Limitations
|
Every action charging an offense shall be initiated within the times established by the corresponding statute establishing limitation for the alleged perpetration.
Every procedure where a minor is charged with an offense should be initiated within the term of statute of limitations established by §§ 3000 et seq. of Title 33 and special statutes which typify the alleged behavior.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-5/
|
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 13 - GENERAL PROVISIONS›Rule 13.5 - Terms; computation
|
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 13 - GENERAL PROVISIONS › Rule 13.5 - Terms; computation
|
Every term prescribed or granted by those rules or by order of the Court shall be governed by Rule 68.1 of Civil Procedure, App. III of Title 32. Terms may be shortened or extended for just cause.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-6/
|
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 13 - GENERAL PROVISIONS›Rule 13.6 - Right to counsel
|
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 13 - GENERAL PROVISIONS › Rule 13.6 - Right to counsel
|
In every procedure, the minor shall have the right to be represented by counsel and, if lacking economic means therefor, the court shall appoint one for him.
In every procedure pursuant to these rules, the minor must appear with his parents, guardians, or his court-appointed defender.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-7/
|
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 13 - GENERAL PROVISIONS›Rule 13.7 - Notice to 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 13 - GENERAL PROVISIONS › Rule 13.7 - Notice to the minor
|
In every occasion when these rules require serving notices on the minor, said service may be done through his attorney.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-8/
|
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 13 - GENERAL PROVISIONS›Rule 13.8 - Waiver of constitutional rights
|
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 13 - GENERAL PROVISIONS › Rule 13.8 - Waiver of constitutional rights
|
Waiver of constitutional rights by the minor shall not be admissible unless his parents, or guardians, or court-appointed defender and his attorney are present. Said waiver by the minor shall be openly expressed and the judge must ascertain that it is done freely, knowingly, and that the minor and his parents are aware of the consequences of such waiver. Nevertheless, the presence of the attorney shall not be required for the waiver of the right to legal representation.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-9/
|
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 13 - GENERAL PROVISIONS›Rule 13.9 - Public at the hearings and interviews with social worker and other expert witnesses
|
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 13 - GENERAL PROVISIONS › Rule 13.9 - Public at the hearings and interviews with social worker and other expert witnesses
|
The public shall not be admitted to the courtrooms where minors’ proceedings are being conducted, unless the parents, guardians, or the court-appointed representative consent in the publicity thereof, and, in any case, pursuant to the governing rulings of the court. The court shall allow admission to the courtroom to persons who prove to have a ligitimate interest in the matters being processed.
Neither the Prosecutor nor the attorney representing the minor may be present during the interviews of the latter, his relatives or guardians with the social worker or with any other professionals in the area of human or medical behavior.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-10/
|
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 13 - GENERAL PROVISIONS›Rule 13.10 - Judges
|
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 13 - GENERAL PROVISIONS › Rule 13.10 - Judges
|
The judges of the Court of First Instance and the municipal judges shall be empowered to issue warrants of arrest against a minor, as well as to order his provisional detention, or that he remains in the custody of his parents or guardians pursuant to the provisions of Rule 2.9 of this appendix and to determine probable cause and to intervene in the procedures provided by Rules 2.10, 2.11, 2.13, 2.14, 2.15, 6.6 and 13.1 of this appendix. They may also intervene in the procedures of the initial ex parte interview and an initial summary hearing on the revoking of the dispositive measure provided in Rule 8.13 of this appendix.
History —June 19, 1987, No. 33, p. 105, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-11/
|
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 13 - GENERAL PROVISIONS›Rule 13.11 - Contempt of court
|
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 13 - GENERAL PROVISIONS › Rule 13.11 - Contempt of court
|
The courts, in the discharge of their functions pursuant to these rules and §§ 2201 et seq. of this title, shall enforce their rulings, resolutions and orders by means of their power of holding in contempt of court and penalizing therefor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-12/
|
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 13 - GENERAL PROVISIONS›Rule 13.12 - Proceedings not covered by these rules
|
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 13 - GENERAL PROVISIONS › Rule 13.12 - Proceedings not covered by these rules
|
In all cases where there is no specific procedure provided for, the court shall regulate the proceedings in a form compatible with these rules and §§ 2201 et seq. of this title.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-13/
|
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 13 - GENERAL PROVISIONS›Rule 13.13 - Effectiveness
|
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 13 - GENERAL PROVISIONS › Rule 13.13 - Effectiveness
|
These rules shall take effect once all the required steps provided by § 6 of Art. V of the Commonwealth of Puerto Rico Constitution, preceding Title 1, are fulfilled.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-i/rule-1/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION›Rule 1 - TITLE AND CONSTRUCTION
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION › Rule 1 - TITLE AND CONSTRUCTION
|
These rules shall be known and cited as “Rules of Criminal Procedure.” They shall be construed to secure the just determination of every proceeding and the elimination of unjustifiable delay and expense.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-i/rule-2/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION›Rule 2 - APPLICATION AND EFFECTIVENESS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION › Rule 2 - APPLICATION AND EFFECTIVENESS
|
The rules shall govern the procedure in the General Court of Justice of the Commonwealth of Puerto Rico in all proceedings of a criminal nature brought on or after the date in which they shall become effective, and in all proceedings then pending as long as their application is feasible and will not impair the substantial rights of the accused.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-3/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 3 - MAGISTRATES
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 3 - MAGISTRATES
|
A magistrate is an officer having power to issue a warrant of arrest against a person charged with an offense. Magistrates are: the justices of the Supreme Court, the judges of the Court of First Instance, the judges of the District Court and the justices of the peace.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 4 - ARREST; DEFINITION; HOW IT SHALL BE DONE AND BY WHOM; VISIT OF COUNSEL
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 4 - ARREST; DEFINITION; HOW IT SHALL BE DONE AND BY WHOM; VISIT OF COUNSEL
|
An arrest is the taking of a person into custody in the cases and in the manner authorized by law. It may be made by a peace officer or by a private person. An arrest shall be made by an actual restraint of the person of the defendant or by his submission to the custody of an officer. The defendant shall not be subjected to more restraint than is necessary for his arrest and detention, and he shall have the right to communicate with or to be visited by counsel or his closest relative.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-5/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 5 - THE COMPLAINT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 5 - THE COMPLAINT
|
The complaint is a signed and sworn written statement of an offense charging a person or several persons with the commission of an offense. Any person having personal knowledge of the facts that constitute the offense charged in the complaint shall have standing to be the complainant. The prosecutors and members of the State Police in all cases, and other officers and public employees in cases related to the performance of their duties and functions, may nevertheless sign and swear to complaints when the facts constituting the offense are known to them by information and belief.
Likewise, the prosecutor may file a John Doe complaint against a person whose real name or identity is unknown, but there is biological evidence of his/her genetic or deoxyribonucleic acid (DNA) profile. The complaint shall be the basis to determine probable cause to arrest or summon a person who has been identified by means of a fictitious name and genetic or deoxyribonucleic acid (DNA) profile. Such complaint shall be amended as soon as the identity of the defendant has been established by means of the genetic or deoxyribonucleic acid (DNA) profile and shall constitute the formal indictment until a preliminary or appeal hearing is held. In these cases, the statute of limitations of the crime, as established in the Penal Code of Puerto Rico, shall not begin to run until such identity is established, the complaint has been amended to reflect the defendant’s real name or alias, and probable cause for arrest or summon has been determined.
The foregoing shall only apply in cases where biological evidence of the genetic or deoxyribonucleic acid (DNA) profile has been obtained at the crime scene.
History —June 19, 1987, No. 29, p. 91, § 1, eff. 60 days after June 19, 1987; Dec. 30, 2010, No. 252, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 6 - ARREST WARRANT ON A COMPLAINT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 6 - ARREST WARRANT ON A COMPLAINT
|
(a) Issuance of the warrant.— If the sworn complaint or one or more affidavits filed with the complaint, or the examination under oath of the petitioner or his/her witnesses, if any, establish probable cause to believe that an offense has been committed and that the defendant or defendants committed it, the magistrate must issue an arrest warrant for the defendants, except as provided in Rule 7(a). The Prosecuting Attorney shall have discretion to file charges in absentia against any defendant when he/she deems that there are justifying circumstances, except: (a) when the defendant notifies whether personally or through his/her legal representative that he/she is willing to appear at the Rule 6 hearing or the appeal thereof at the time and date set by the prosecutor; (b) when the defendant is detained and under state or federal custody in a penal institution; (c) when the work or home address of a defendant is available where he/she can be personally notified of the charges filed against him/her. The court shall evaluate the justification of the Prosecuting Attorney to file in absentia before making a determination. However, the magistrate shall show due deference to the Prosecuting Attorney’s determination that there are justifying circumstances to file charges in absentia. The finding of probable cause may be based on hearsay or belief, in whole or in part, provided there is substantial basis to believe that the hearsay or belief is credible. When more than one person is involved, the magistrate may issue a warrant of arrest for each one of them. The magistrate shall state in the complaint the name of the persons examined by him/her to determine probable cause.
The magistrate may also determine that there is probable cause to believe that an offense has been committed without the need of filing a complaint before him when he has examined under oath a witness or witnesses that have personal knowledge of a criminal act. In such cases, the magistrate, in addition to the issuance of the warrant of arrest or summons, shall draw up a brief and concise minutes in which he expresses the facts of the offense for which he determined probable cause, the date, time and place they were committed, the offense charged and the name and address of the witness or witnesses examined by him under oath to determine probable cause.
In this determination of probable cause, the defendant shall be entitled to legal counsel, to cross-examine the witnesses against him and to introduce evidence in his favor.
Any magistrate may issue a warrant of arrest against a person charged with the commission of an offense, even though the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In such case, after issuing the warrant of arrest and complying with the preliminary procedures established in these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.
(b) Form and requirements of warrant of arrest.— The warrant of arrest shall be issued in writing in the name of The People of Puerto Rico and shall contain the signature and the official title of the magistrate by whom it is issued, and addressed to one, several or any peace officer to be executed. It shall direct the arrest of the person or persons against whom the offense is charged and that, once they have been arrested, they shall be brought without unnecessary delay before a magistrate, as provided by Rule 22(a). The warrant shall also describe the offense alleged in the complaint and shall contain the name of the person or persons to be arrested and, if the names are unknown, it shall designate the said persons by the most adequate description possible by which they can be identified with reasonable certainty. The warrant shall also set forth the date and place of its issuance and the amount of the bail fixed by the issuing magistrate.
(c) If, from the sworn complaint or of the sworn statement or statements submitted with it, or from the examination under oath of the complainant of his witnesses, if any, the magistrate should determine the nonexistence of probable cause, no complaint or accusation may be submitted. In such case, or when the determination of probable cause were for a lesser offense or different from that which the prosecutor finds is in order, he may submit the matter once again with the same or other evidence to a magistrate of a higher rank of the Court of First Instance. The magistrate, once he has said petition before him, shall promptly issue or direct the clerk of the court to serve a summons to the defendant as well as to the witnesses of the charges of record which shall be served by the marshalIs of the court or their delegates.
History —Feb. 8, 1966; July 9, 1986, No. 80, p. 259, § 1; June 19, 1987, No. 29, p. 91, § 2; Dec. 8, 1990, No. 26, p. 1516, § 1; Dec. 27, 2011, No. 281, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-6-1/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule § 6.1 - EXECUTION OF BAIL PENDING SENTENCE; WHEN REQUIRED
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule § 6.1 - EXECUTION OF BAIL PENDING SENTENCE; WHEN REQUIRED
|
The freedom of the persons arrested for an offense shall not be unnecessarily restricted before they are convicted.
(a) In misdemeanor cases.— In every misdemeanor where there is no right to trial by jury nor are crimes of a violent nature, it shall not be necessary to post bail or impose conditions or a determination of a deferred bail in order to remain free provisionally until judgment is pronounced. Any offenses committed that involve the use, the attempt to use, or threat to use physical force against a person or property shall be deemed to be of a violent nature. In the case of exempted misdemeanors the magistrate shall impose bail only if the prosecution so requests, taking into consideration the criteria established in Rule 218(b) of this appendix. In any case in which the magistrate, motu proprio or upon petition of the prosecution, determines that circumstances of public order or interest are present, conditions pursuant to Rule 218(c) of this appendix may be imposed.
The prosecution shall request the posting of a bond or the imposition of conditions pursuant to Rule 218 of this appendix in every case in which the person arrested has been convicted previously for a felony or for three (3) misdemeanors or is a nonresident of Puerto Rico.
(b) In felonies or misdemeanors where there is the right to trial by jury. In every case of felony or misdemeanor where there is the right to trial by jury, the magistrate shall order the release of the defendant awaiting sentencing upon the execution of a bail bond. The magistrate may order the release of a defendant on personal recognizance, in custody of a third party, on deferred bail, or on a condition or combination of conditions, as deemed pertinent by the magistrate, when the case so warrants. The court may impose, modus proprio or at the request of the Prosecuting Attorney, certain conditions pursuant to Rule 218(c). However, in the case of those persons charged with any of the following felonies, as classified in the Puerto Rico Penal Code and other special laws, to wit: murder, kidnapping; aggravated kidnapping; child abduction; aggravated robbery; aggravated arson; use of a minor for child pornography; intentional poisoning of waters for public use; sexual assault; intentional child abuse, as provided in § 4506 of Title 8, supra, or a similar successor law; § 2401 of Title 24, specifically when the transaction involves half a kilogram (1.1 pounds) or more of cocaine or heroin, or one kilogram (2.2 pounds) or more of marihuana, and § 2405 on Distribution to Persons Under the Age of Eighteen (18); § 2408 on Ongoing Criminal Venture; and §§ 4111a et seq. of Title 24 on the Introduction of Drugs in Schools and Institutions; the following Sections of the Weapons Act: § 456m on Assault Weapons, § 458 on Manufacturing, Import, Sale, and Distribution of Weapons, § 458b on Automatic Firearms Trade, § 458f on Illegal Possession or Use of Automatic Weapons or Shotguns, § 458g on Possession or Sale of Silencing Devices, § 458h on Facilitation to third parties, and § 458i et seq. of Title 25 on the Effacement or Mutilation of the Serial Number or the Name of the Owner of a Firearm; violations of the provisions of §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, involving serious bodily harm, and those felonies involving the use of any type of weapon, as these are defined in §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act”, the court, besides setting the corresponding bail, shall, impose the condition that the person charged be subject to electronic monitoring and to those other conditions listed under Rule 218(c) of these rules, pursuant to the procedure established therein.
In the event that a defendant is charged with any of the offenses listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize a deferred bail. In the event of a finding of probable cause for the arrest of a defendant in absentia, the bail set by the magistrate may only be modified through a motion under Rule 218.
(c) At any time that the circumstances warrant it, the magistrate or the court may require the posting of bail, revoke or modify a determination of freedom under his/her own recognizance, or in custody of a third party, revoke or modify the granting of freedom under deferred bail, or impose conditions, as well as revoking or modifying conditions that were previously imposed, pursuant to Rule 218(c) of this appendix before the conviction of any person who is free, whether he/she has posted bail or not.
(d) If the person who has been set free without posting bail should not appear and he is detained outside of Puerto Rico, it shall be deemed that he has waived his challenge of extradition.
(e) Posting bail shall not be admitted, nor a determination of freedom under his/her own recognizance, freedom in custody of a third party nor deferred bail shall be made, with regard to persons who have been charged with a crime who are outside of Puerto Rico’s jurisdiction. Neither shall conditions be imposed nor shall bail be admitted, nor shall a determination of freedom under his/her own recognizance, in custody of a third party, nor deferred bail be admitted, with regard to a person who has been charged but has not been arrested, nor has appeared before a magistrate, to be informed of the crime or crime he/she has been charged with or accused of pursuant to the procedure established in Rule 22 of this appendix.
(f) In every case the magistrate shall require the evaluation, report and recommendations of the Office of Pretrial Services concerning every person charged with an offense before making a determination as to bail, deferred bail, being released on his/her own personal recognizance or being released under the custody of a third party.
In all cases in which there is an accusation of having committed any of the crimes listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize deferred bail. In the event that probable cause for arrest is found in the absence of the accused, the bail set by the magistrate may only be modified through a motion under Rule 218.
History —Added on Feb. 8, 1966; June 22, 1966, No. 100, p. 322, § 1; Mar. 30, 1984, No. 5, p. 16; June 5, 1986, No. 39, p. 103, § 1; July 20, 1989, No. 30, p. 103; Dec. 6, 1993, No. 105, § 1; Aug. 13, 1994, No. 82, § 1; Dec. 1, 1995, No. 230, § 1; Dec. 24, 1995, No. 245, § 1; Mar. 13, 2003, No. 85, § 1; June 3, 2004, No. 133, § 5; June 3, 2004, No. 134, § 1; Sept. 15, 2004, No. 317, § 1; Dec. 22, 2009, No. 190, § 1; Dec. 27, 2011, No. 281, § 2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 7 - SUMMONS BY A MAGISTRATE OR PUBLIC OFFICER
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 7 - SUMMONS BY A MAGISTRATE OR PUBLIC OFFICER
|
(a) Summons.— A summons may be issued instead of a warrant if the magistrate taking the complaint or who has examined a witness who has personal knowledge of the facts has good reason to believe that the person will appear in response thereto, or if the defendant is a corporation. More than one summons may be issued for a single offense charged. In those cases in which a public officer may arrest a person without a warrant from a magistrate, said officer may, if the offense is a misdemeanor, summon the defendant in writing and under his signature to appear before a magistrate instead of arresting him. The summons shall inform the defendant that if he fails to appear a warrant of arrest will be issued against him.
Any magistrate may issue a summons against a person charged with the commission of an offense even when the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In said case, after issuing the corresponding summons and complying with the preliminary procedures established by these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.
(b) Procedure if the defendant fails to appear after summons.— If a person who has been duly summoned fails to appear, or if there is reasonable cause to believe that he will fail to appear, a warrant to arrest him shall issue. If the defendant is a corporation and it fails to appear after having been duly summoned, this fact shall be set forth in the record and the proceeding may continue as though the corporation had appeared.
(c) Form and requirements of the summons.— Except as provided in subsection (a) of this rule, the summons shall be issued in writing in the name of the People of Puerto Rico and shall be signed by a magistrate. It shall require the defendant mentioned therein to appear before the magistrate who took notice of the complaint, stating the date, time, and place and shall inform the defendant that if he fails to appear as required a warrant shall issue for his arrest. If the defendant is a corporation it shall be given notice that if it fails to appear, proceedings shall continue pursuant to the provisions of subsection (b) of this rule.
History —June 19, 1987, No. 29, p. 91, § 3, eff. 60 days after June 19, 1987.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-8/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 8 - ARREST WARRANT OR SUMMONS: EXECUTION OR SERVICE
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 8 - ARREST WARRANT OR SUMMONS: EXECUTION OR SERVICE
|
(a) Persons authorized.— The arrest warrant or summons may be executed or served by the Marshall of any section or part of the General Court of Justice or by any law enforcement officer or any other official authorized by law.
(b) Territorial limits.— The warrant or summons may be executed or served anywhere within the jurisdiction of the Commonwealth of Puerto Rico or outside of the Commonwealth of Puerto Rico when the treaties or agreements ratified by the United States of America so allow.
(c) Manner.— The warrant of arrest shall be executed by the arrest of the defendant or defendants. The officer need not have the warrant in his possession at the time of the arrest. If he has it, he shall show it to the defendant at the time of the arrest; if he does not have it, he shall inform the defendant of the offense charged and of the fact that a warrant for his arrest has been issued. Upon request he shall show the warrant to the defendant as soon as possible.
The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode, or by mailing it to the defendant’s last known address with acknowledgment of receipt. If the defendant is a corporation, service of the summons shall be made personally on one of its directors or officers or a resident agent, or by mailing it with acknowledgment of receipt.
(d) Return.— The officer executing a warrant of arrest shall make a return thereof to the magistrate before whom the defendant is brought, as provided by Rule 22.
The officer serving a summons shall make a return thereof and of the manner in which it was served by means of certification to that effect. In the cases where the summons were served by mail, the receipt thereof shall also be included.
History —Sept. 15, 2004, No. 317, § 2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-9/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 9 - DEFECTIVE WARRANT OF ARREST OR SUMMONS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 9 - DEFECTIVE WARRANT OF ARREST OR SUMMONS
|
(a) Effects; amendments.— No person arrested under a warrant or appearing before a magistrate in response to a summons shall be discharged from custody or dismissed because of any informality in the warrant or summons. The magistrate may correct such informality by amendment.
(b) Filing of a new complaint or issuance of a new warrant or summons.— If when a defendant arrested under a warrant or appearing in response to a summons is brought before the magistrate, it appears that the complaint or the warrant or the summons does not properly name or describe the defendant or the offense with which he is charged, but there are reasonable grounds to believe that the defendant has committed the offense or some other offense, the magistrate shall not discharge or dismiss the defendant, but shall forthwith cause a new complaint to be filed and shall thereupon issue a new warrant or summons as may be appropriate.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-10/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 10 - ARREST; WHEN IT CAN BE DONE
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 10 - ARREST; WHEN IT CAN BE DONE
|
The arrest warrant may be served at any time of the day or night, except in the case of a misdemeanor or felonies in the fourth degree in which case the arrest may not be made at night unless the magistrate who issued the warrant so authorizes in the warrant proper.
History —June 19, 1987, No. 29, p. 91, § 4; Sept. 15, 2004, No. 317, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-11/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 11 - ARREST BY PEACE OFFICER
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 11 - ARREST BY PEACE OFFICER
|
A peace officer may arrest a defendant without the corresponding warrant:
(a) When he/she has reasonable grounds to believe that the person about to be arrested has committed the offense in his/her presence. In this case, the arrest shall be made immediately or within a reasonable time after the commission of the offense. Otherwise, the officer shall request that a warrant of arrest be issued.
(b) When the defendant has committed a felony, although not in the officer’s presence.
(c) When he/she has reasonable cause for believing that the person about to be arrested has committed a felony, regardless of whether or not said offense was in fact committed.
For the purposes of these rules, a peace officer shall be the person in charge of protecting life and property and maintaining public order and safety. This includes, but is not limited to any member of the Puerto Rico Police Department and the Municipal Police, agents of the Special Investigations Bureau of the Department of Justice, and Court Marshals.
Any public, state or federal employee with the express authority of law to make arrests as part of performing his/her special duties and responsibilities shall also be considered a peace officer in a limited capacity.
History —Apr. 16, 2010, No. 43, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-12/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 12 - ARREST BY PRIVATE PERSON
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 12 - ARREST BY PRIVATE PERSON
|
A private person may arrest another:
(a) For an offense committed or attempted in his presence. In this case the arrest shall be made immediately.
(b) When a felony has been in fact committed, and he has reasonable cause for believing that the person arrested committed it.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-13/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 13 - ARREST; INFORMATION TO PERSON ARRESTED
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 13 - ARREST; INFORMATION TO PERSON ARRESTED
|
The person making an arrest shall inform the defendant of the intention to arrest him, of the cause for the arrest and of the authority to make it, except when the person making the arrest has reasonable cause for believing that the defendant is committing or attempting to commit an offense, or when the defendant is pursued immediately after the commission of the offense or after an escape, or when the defendant resists before the officer is able to inform him, or when there is a danger that if the information is given, the arrest may not be made.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-14/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 14 - ARREST; ORAL ORDER
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 14 - ARREST; ORAL ORDER
|
A magistrate may orally order a peace officer or a private person to arrest anyone committing or attempting to commit an offense in the presence of such magistrate.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-15/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 15 - ARREST; SUMMONING OF AID
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 15 - ARREST; SUMMONING OF AID
|
Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-16/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 16 - ARREST; LAWFUL MEANS TO MAKE IT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 16 - ARREST; LAWFUL MEANS TO MAKE IT
|
When the arrest is made by an officer under the authority of a warrant, or without a warrant, for a felony committed in his presence, if after informing the person to be arrested of the intention to make the arrest, said person flees or forcibly resists, the officer may use all the means necessary to effect the arrest.
To make an arrest under any other circumstances, any officer or private person may use all necessary means, except that he shall not inflict grave bodily injury.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-17/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 17 - ARREST; RIGHT TO FORCIBLE ENTRANCE
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 17 - ARREST; RIGHT TO FORCIBLE ENTRANCE
|
To make an arrest, a private person if the offense is a felony, and a public officer in all cases, may break open any door or window of the house in which the person to be arrested is, or in which they have reasonable ground for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-18/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 18 - ARREST; FORCE WHEN DETAINED
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 18 - ARREST; FORCE WHEN DETAINED
|
Any person who has lawfully entered a house for the purpose of making an arrest therein, may break open any door or window if he has been detained therein, when necessary for the purpose of liberating himself, and a peace officer may do the same to free a person who has lawfully entered a building with the purpose of making an arrest and has been detained therein.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-19/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 19 - ARREST; DISARMING PERSON ARRESTED; DISPOSAL OF WEAPONS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 19 - ARREST; DISARMING PERSON ARRESTED; DISPOSAL OF WEAPONS
|
Any person making an arrest may take from the person arrested all the weapons which he may have about his person, and must deliver them to the magistrate before whom the defendant is taken. In the case where the arrest is made by a private person who delivers the person arrested to a peace officer as provided by Rule 22(a), said person shall deliver to the officer the weapons he may have seized, and the latter shall deliver them to the magistrate before whom the defendant is taken.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-20/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 20 - ARREST; TRANSMISSION OF WARRANTS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 20 - ARREST; TRANSMISSION OF WARRANTS
|
By means of a handwritten endorsement on an arrest warrant, any magistrate may authorize the transmission of said warrant by telephone, teletype, radio-telephone, facsimile or any other electronic means of communication, and as of that moment, a copy of the arrest warrant shall have to be remitted to every law enforcement officer to whom said warrant was transmitted. Said copies shall be fully valid, and the officers that receive them shall proceed with them in the same way as if they had an original arrest warrant.
The magistrate who issues copies of an arrest warrant for the transmittal thereof, shall certify to its exactness with the original, and shall send a copy of the arrest warrant and the endorsement placed thereon to the office from which said copies are to be transmitted, stating on the original the action taken by him/her.
History —Jan. 10, 1999, No. 31, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-21/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 21 - ARREST AFTER ESCAPE
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 21 - ARREST AFTER ESCAPE
|
If an individual under arrest or under custody escapes or is rescued, the person in charge of his custody shall pursue him diligently and take him at any time and in any place, and to do so he may use the same means authorized to make an arrest.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-22/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 22 - PROCEEDINGS BEFORE THE MAGISTRATE
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 22 - PROCEEDINGS BEFORE THE MAGISTRATE
|
(a) Appearance before the magistrate.— A peace officer making an arrest under a warrant shall take the person arrested before the nearest available magistrate without unnecessary delay. Any person making and arrest without a warrant shall take the person arrested before the nearest available magistrate without unnecessary delay, and if the person making the arrest without a warrant is a private person, he may deliver the person arrested to any peace officer who shall, in turn, take the person arrested without unnecessary delay before a magistrate as provided in this rule. When an arrest is made without a warrant and is brought before a magistrate, the procedures provided in Rules 6 and 7 of this appendix shall be followed, as it may correspond.
(b) Duties of the magistrate; notices.— The magistrate shall inform the person arrested or who has appeared in response to a summons, of the contents of the complaint or charges filed against him/her, of his/her right to communicate with his/her closest relative or with counsel, and to obtain his/her services, and of his/her right to a preliminary hearing if the offense charged against him/her is a felony. The magistrate shall also inform the person that he/she is not bound to make any statement and that any statement made by him/her may be used against him/her. The magistrate shall impose conditions or admit bail, with or without conditions, as provided in these rules, or shall make the corresponding determinations in those cases where the persons charged with an offense have submitted voluntarily to the supervision of the Office of Pretrial Services for its evaluation, report and recommendations on their cases. In the event the person arrested fails to comply with the conditions imposed, or does not post bail, the magistrate shall order his/her imprisonment. In the case of an accused person who remains free under deferred bail, under his/her own recognizance, in custody of a third party or conditional release, and fails to comply with the conditions imposed, the magistrate shall revoke the determination of deferred bail and shall order the posting of bail, with or without conditions; and, in the event the accused person fails to post bail, the magistrate shall order his/her imprisonment.
(c) Statements in the warrant of arrest or summons; remittance.— The magistrate shall set forth on the warrant of arrest or summons the appearance of the defendant and the warnings made to him/her, and in the case of a felony, if such is the case, the fact that said person cannot obtain counsel to assist him/her at the trial or at the preliminary hearing.
In such cases, the magistrate shall determine cause for the arrest for a felony, summon the defendant without legal representation to a conference before the preliminary hearing within two weeks of the arrest. To said conference, if the defendant is imprisoned, the Corrections Administration shall transport him/her to the court in order to make the arrangements for legal representation. The Courts Administration shall provide its facilities so that officials of the legal aid programs may interview him/her and certify his/her indigence before assuming his/her defense. If he/she cannot be represented by any of the programs and the court certifies that said inmate does not have the resources to retain counsel, the court shall then appoint one.
The magistrate shall remit the complaint, the decree in those cases in which the same was drawn up and the warrant of arrest or summons to the corresponding section and part of the Court of First Instance where further proceedings shall be held as provided by these rules.
History —Feb. 8, 1966; June 22, 1966, No. 100, p. 322, § 1; June 5, 1986, No. 39, p. 103, § 2; June 19, 1987, No. 29, p. 91, § 5; Dec. 8, 1990, No. 26, p. 1516, § 2; Dec. 24, 1995, No. 245, § 2; Sept. 2, 2000, No. 376, § 1, eff. 30 days after Sept. 2, 2000.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-23/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 23 - PRELIMINARY HEARING
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 23 - PRELIMINARY HEARING
|
(a) When it shall be held.— A preliminary hearing shall be held in all cases in which a person is charged with the commission of a felony. In those cases he shall be summoned for that hearing at least five (5) days before it is held. In the cases in which it appears according to Rule 22(c) of this appendix that the person cannot obtain assistance of counsel, the corresponding magistrate shall assign counsel to defend him, and his name shall be set forth in the summons for the preliminary hearing. The magistrate shall communicate said appointment to counsel.
(b) Waiver.— After a person has been summoned, he may waive his right to a preliminary hearing by a written statement signed by him and submitted to the magistrate before the commencement of the hearing or personally at any moment during the celebration thereof. If the person waives [a] preliminary hearing or does not appear thereat after having been duly summoned, the magistrate shall forthwith hold him to answer for the commission of an offense before the appropriate part of the Court of First Instance.
(c) Procedure during the hearing.— The hearing shall begin with the presentation of evidence by the Prosecuting Attorney. The latter shall make available to the defendant the sworn statements of any witnesses who have testified at the hearing. The defendant may cross-examine witnesses and introduce evidence on his/her own behalf. When determining probable cause, the court shall consider if the evidence introduced by the Prosecuting Attorney is admissible in court based on the elements of the offense and the connection of the defendant with the offense. In no case shall it be obligatory to submit forensic expert reports. Notwithstanding the foregoing, if said reports, certificates, or sworn statements of forensic experts or law enforcement officers were to be submitted, the testimony of forensic experts or law enforcement officers shall not be required at the hearing, and this shall not preclude the defendant from confronting them during the trial, in the event of a finding of probable cause. If, in the opinion of the magistrate, the evidence shows that there is a probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith order that the defendant be detained to be prosecuted for the commission of the offense in the appropriate Part and Division of the Court of First Instance; otherwise, it shall be determined that there is no probable cause and the defendant shall be released. The magistrate may order the defendant to continue to be released on bail or deferred bail, personal recognizance, in custody of a third party, or on a condition or combination of conditions that were imposed by a magistrate when the arrest was made, or may modify them or make a determination in accordance with Rule 218(c) to order the release of the defendant on bail, deferred bail, personal recognizance, in custody of a third party or on a condition or combination of conditions, if not previously ordered and if, in the opinion of the magistrate, it is so warranted. Notwithstanding the foregoing, the magistrate shall not modify the bail set or the determination of release on deferred bail, personal recognizance, in custody of a third party, or a condition or combination of conditions imposed by a magistrate of a higher rank, unless in the preliminary hearing probable cause is found for a lesser offense than the offense with which the defendant was originally charged. After the proceeding before him/her concludes, the magistrate shall forthwith deliver to the clerk of the appropriate Part and Division of the Court of First Instance the file related to the proceeding, including any bail posted. The file shall include the time and place of the preliminary hearing, the persons appearing, and the magistrate’s finding.
Preliminary hearings shall be held publicly, unless the magistrate determines, upon the defendant’s request, that a public hearing involves a substantial probability of impairing his/her constitutional right to a fair and impartial trial, and there are no other less encompassing and reasonable options available than to hold a private hearing, in order to dissipate such probability. In such cases, the decision of the magistrate shall be based on precise and detailed grounds.
Access to a preliminary hearing shall also be limited when the magistrate determines, upon a request to such effects, that such limitation is needed to protect any other pressing interest and there are no other less encompassing and reasonable options. The decision of the magistrate shall be based on precise and detailed grounds.
It is hereby provided that the magistrate shall limit access to a preliminary hearing, upon the prosecution’s request, in those cases in which he/she wishes to present the testimony of an undercover agent or an informant who is still rendering such services or when the victim of a case of rape, or lascivious or indecent acts is testifying.
History —Jan. 24, 1967; June 5, 1986, No. 39, p. 103, § 3; June 19, 1987, No. 29, p. 91, § 6; Dec. 8, 1990, No. 26, p. 1516, § 3; Aug. 12, 1995, No. 197, § 1; Dec. 24, 1995, No. 245, § 3, eff. 60 days after Dec. 24, 1995; Dec. 27, 2011, No. 281, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-24/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 24 - FURTHER PROCEEDINGS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 24 - FURTHER PROCEEDINGS
|
(a) In the District Court.— When pursuant to the provisions of Rule 22(c) the record of a case is received by the clerk of any part of the District Court of First Instance, the trial of the case shall be held in the said part, and the complaint transmitted by the magistrate shall be the basis for the same.
(b) In the Court of First Instance.— When the record is sent to the clerk of any part of the Court of First Instance Section of the Court of First Instance, the secretary shall forthwith remit it to the prosecuting attorney of said part, who shall file the appropriate accusation if it is a case where the corresponding accusation has not been filed pursuant to the provisions of Rule 6(a). If for a justifiable cause, the prosecuting attorney considers that the information should not be presented, he shall file the record with the clerk of the appropriate part with an endorsement to that effect. The clerk, subject to the approval of the court, shall file it and enter said cause in the “Registry of Cases Dismissed” which he shall keep in his office, and shall forthwith issue an order releasing the defendant, if he is under custody. If he has been admitted to bail, the bond shall be cancelled from the time the case was dismissed and, if money instead of bail had been deposited, the same shall be refunded to him once the dismissal of the information has been established.
If in the opinion of the prosecuting attorney the trial for the offense charged against the defendant should be held in any of the parts of the District Court of First Instance, the prosecuting attorney shall send the record to said part within ten (10) days after he received it, so that this part may continue the proceeding as provided in subsection (a) of this rule.
(c) Effects of the determination that there is no probable cause.— If after the preliminary hearing in the cases where it is in order the magistrate decides that there is no probable cause, the prosecuting attorney shall not present any information whatever. In this case, or when it is determined that there is probable cause of an offense inferior to the one charged, the prosecuting attorney may submit the case again on the same or on different evidence to a magistrate of higher rank in the Court of First Instance.
(d) Effect of waiver of jurisdiction determination in procedures concerning minors.— When the record is transferred to the secretary of the Superior Section of the Court of First Instance pursuant to court order of waiver of jurisdiction over a minor, the secretary shall refer said record immediately to the district attorney. The district attorney shall file the corresponding complaint within fifteen (15) days following receipt of notice of the waiver.
Neither a hearing to determine probable cause for arrest pursuant to Rule 22, nor the preliminary hearing pursuant to Rule 23 shall be necessary, where a previous determination by a magistrate pursuant to Rules 2.9 and 2.10 of Procedure in Matters Concerning Minors, App. I-A of this title, does exist.
History —July 9, 1986, No. 80, p. 259, § 2; June 19, 1987, No. 29, p. 91, § 7; Aug. 22, 1990, No. 55, p. 221, § 1, eff. 30 days after Aug. 22, 1990.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-25/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 25 - DISTRICT; DEFINITION
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 25 - DISTRICT; DEFINITION
|
The word “district” as used in Rules 25 to 33 shall mean one of the territorial units into which Puerto Rico is divided for judicial purposes and it shall include the units corresponding to the parts of the District Court and to the parts of the Court of First Instance.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-26/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 26 - OFFENSES TRIABLE IN PUERTO RICO
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 26 - OFFENSES TRIABLE IN PUERTO RICO
|
Any person who commits or attempts to commit an offense within the territorial extension subject to the jurisdiction of the Commonwealth of Puerto Rico shall be prosecuted in Puerto Rico.
Any person who commits or attempts to commit an offense outside of the territorial extension of the Commonwealth of Puerto Rico, under the circumstances established in § 4635 of Title 33 shall also be prosecuted in Puerto Rico.
History —Sept. 15, 2004, No. 317, § 4.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-27/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 27 - VENUE; IN GENERAL
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 27 - VENUE; IN GENERAL
|
In all criminal proceedings the trial shall be held in the part corresponding to the district where the offense was committed, except as otherwise provided in these rules. The offenses committed outside the territorial extension of the Commonwealth of Puerto Rico shall be prosecuted in the district of San Juan.
History —Sept. 15, 2004, No. 317, § 5.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-28/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 28 - VENUE; ACCOMPLICES IN DIFFERENT DISTRICTS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 28 - VENUE; ACCOMPLICES IN DIFFERENT DISTRICTS
|
When a person in a district aids, induces or procures the commission of an offense in another district, he may be prosecuted for said offense in any of the two districts.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-29/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 29 - VENUE; ACTS COMMITTED IN MORE THAN ONE DISTRICT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 29 - VENUE; ACTS COMMITTED IN MORE THAN ONE DISTRICT
|
When several acts are necessary to commit an offense, the trial may be held in any of the districts where any of the said acts was committed.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-30/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 30 - VENUE; OFFENSES COMMITTED IN A DISTRICT BY A PERSON FROM ANOTHER DISTRICT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 30 - VENUE; OFFENSES COMMITTED IN A DISTRICT BY A PERSON FROM ANOTHER DISTRICT
|
When a person in a district commits an offense in another district, the trial may be held in either of the two (2) districts.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-31/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 31 - VENUE; OFFENSES COMMITTED WHILE IN TRANSIT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 31 - VENUE; OFFENSES COMMITTED WHILE IN TRANSIT
|
When an offense is committed in any public or private vehicle while in the course of its trip, and the place where the offense was committed cannot be ascertained, the prosecution may be had in any district through which the vehicle went during said trip.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-32/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 32 - VENUE; OFFENSES IN OR AGAINST AIRCRAFT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 32 - VENUE; OFFENSES IN OR AGAINST AIRCRAFT
|
A person who commits an offense in or against any aircraft while it is flying over the territory of Puerto Rico, may be prosecuted in the Commonwealth courts and in any district.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-33/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter III - VENUE›Rule 33 - VENUE; PROPERTY TAKEN FROM ONE DISTRICT TO ANOTHER
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 33 - VENUE; PROPERTY TAKEN FROM ONE DISTRICT TO ANOTHER
|
When a person acquires goods through the commission of an offense in a district and transports said goods to another district, he may be prosecuted in either of the two (2) districts.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-34/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 34 - DEFINITIONS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 34 - DEFINITIONS
|
(a) The information.— The information is an allegation in writing made to the Court of First Instance by the prosecuting attorney charging a person with a public offense. The first allegation on the part of The People in a prosecution filed in the Court of First Instance shall be the information. The information shall be signed and sworn to by the prosecuting attorney and shall be filed with the clerk of the corresponding Court of First Instance.
In all cases, the oath shall be sufficient if it sets forth that the information is based on probable cause determined pursuant to the provisions of these rules, or pursuant to the provisions of Rule 2.10 of Procedure in Minors’ Matters App. I-A of this title, in cases of waiver of court jurisdiction over a minor.
(b) The complaint.— The first allegation in a prosecution brought in the District Court shall be the complaint, as defined in Rule 5, and in the manner provided for in Rule 24(a).
History —May 27, 1980, No. 67, p. 164; June 19, 1987, No. 29, p. 91 § 8; Aug. 22, 1990, No. 55, p. 220, § 2, eff. 30 days after Aug. 22, 1990.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-35/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 35 - CONTENTS OF THE INDICTMENT AND THE COMPLAINT
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 35 - CONTENTS OF THE INDICTMENT AND THE COMPLAINT
|
The indictment and the complaint shall contain:
(a) The title of the action, specifying the division and the part of the Court of First Instance to which the same is presented. In a complaint, the judge shall order the appropriate amendment in the title thereof, specifying his/her court in place of the magistrate before whom the complaint was brought.
(b) The identification of the defendant by his/her real name or by the name by which he/she is generally known. If his/her name is unknown, it shall be so stated and he/she shall be designated by a fictitious name.
If the name of the crime suspect is unknown (because he/she refuses to provide it or there is no way to verify it), an indictment may be issued against him/her with the description of the genetic or deoxyribonucleic acid (DNA) profile.
In no case shall it be necessary to prove that the prosecuting attorney or the complainant does not know the defendant’s real name. To identify any person other than the defendant, it shall suffice to identify him/her in the manner provided for a defendant in this rule.
If the defendant is a corporation or partnership it shall suffice to state its corporate or trade name, or any other name or denomination by which the defendant is or may be known or identified, without the need of alleging that it is a corporation or partnership nor how it was organized or incorporated. To identify any corporation or partnership other than the defendant, it shall suffice to identify it in the manner provided in this rule for a defendant corporation or partnership.
To make reference to any group or association of persons other than a corporation or partnership, it shall suffice to state the name of said group or association or the name by which it has been or is known, or to state the names of all the persons belonging to said group or association, or the name of only one or several of said persons, and to refer to the rest as “and others”.
When reference is made to any person or entity other than the defendant, in no case shall it be necessary to allege or prove that the prosecuting attorney or the accuser do not know the real name of the person or entity.
(c) A statement of the essential facts constituting the offense charged, in ordinary, plain and concise language, and in such manner as to enable a reasonable person to know what is intended. The words used in said statement shall be construed in their usual acceptance in common language, except for such words and phrases that are defined by law or jurisprudence, which shall be construed according to their legal meaning. Words used in said statement need not cite the strict letter of the law but may use other words that convey the same meaning. In no case shall it be necessary to set forth in the indictment or complaint any presumptions of law or matters of judicial notice.
(d) The official citation of the statute, rule, or regulation that the defendant is alleged to have violated, but an error in the citation or its omission shall be construed as a defect of form.
(e) The signature and oath of prosecuting attorney or the accuser as provided by Rules 5 and 34, respectively.
History —amended Dec. 30, 2010, No. 252, § 2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-36/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 36 - DEFECTS OF FORM
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 36 - DEFECTS OF FORM
|
An information or complaint shall not be insufficient, now shall the trial, judgment or any other prosecution based on the said information or complaint be affected by reason of any defect, imperfection or omission of form which does not tend to prejudice the substantial rights of the defendant.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-37/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 37 - JOINDER OF OFFENSES AND OF DEFENDANTS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 37 - JOINDER OF OFFENSES AND OF DEFENDANTS
|
(a) Joinder of offenses.— Two or more offenses may be charged in the same information or complaint in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Allegations made in one count may be incorporated by reference in another count.
(b) Joinder of defendants.— Two or more defendants may be charged in the same information or complaint if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting the offense or offenses charged. Such defendants may be charged in one or more counts together or separately and all the defendants need not be charged in each count.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-38/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 38 - AMENDMENTS TO THE INDICTMENT, COMPLAINT OR BILL OF PARTICULARS
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 38 - AMENDMENTS TO THE INDICTMENT, COMPLAINT OR BILL OF PARTICULARS
|
(a) Removal of defects of form.— If the indictment, complaint, or bill of particulars has any defect, error, or omission of form as mentioned in Rule 36, the court may allow the amendments needed to cure it. If no amendments are made, once the verdict of the jury is returned or the judgment entered, said defect, error, or omission shall be deemed cured.
(b) Removal of defect of substance.— If the indictment or complaint has a substantial defect or omission, the court wherein the proceeding was originated may allow the necessary amendments to cure said defect or omission at any time before the conviction or the acquittal of the defendant. If the defect is in the indictment, the defendant shall have a right to a new arraignment. If the defect is in the complaint, the defendant shall be entitled to have the trial held five (5) days after the amendment is made.
(c) Addition of counts or of defendants.— Before the start of the trial, the District Court may allow amendments to be made to the complaint to add new counts or new defendants against whom the preliminary proceedings provided in Rules 6, 7, and 22 have been held. In such cases, the defendants shall be entitled to have the trial held five (5) days after the amendment is made.
(d) Variance between pleadings and the evidence.— The court may allow amendments to be made to the indictment, complaint, or bill of particulars at any time before the conviction or acquittal of the defendant, in case there is a variance between these pleadings and the evidence. Variance between the pleadings and the evidence shall not constitute grounds for the acquittal of the defendant; however, the court shall, provided that the defendant does not oppose it, postpone the trial if the substantial rights of the defendant have been impaired, to hold it before another jury or before the same court if the trial is not by jury, and as determined by the court.
If the nature of the discrepancy or variance is such that the evidence establishes an offense that is different from the one charged against the defendant and not included therein, or if it establishes an offense beyond the jurisdiction of the court, the jury shall be discharged and the case shall be dismissed.
(e) Identification by fictitious name and by means of DNA profiling.— The court shall allow amendments to an indictment issued with a fictitious name in order to identify a person who has been previously identified by means of DNA profiling and a fictitious name by his/her true name or alias, as provided in Rule 5.
History —amended Dec. 30, 2010, No. 252, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-39/
|
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)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 39 - FAILURE TO ALLEGE THE DATE
|
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 39 - FAILURE TO ALLEGE THE DATE
|
The information or complaint shall be sufficient even though the date or the time in which the offense is alleged to have been committed is not stated, unless an allegation to that effect is necessary to charge the commission of an offense.
An allegation in an information or complaint to the effect that the defendant committed the offense shall be considered as an allegation that the offense was committed after the law created it, before the filing of the information and within the term prescribed by law.
All the allegations in an information, complaint or bill of particulars shall be construed in the sense that they refer to the same date or time, unless something to the contrary is stated.
|
Subsets and Splits
Unemployment Word Count by State
Calculates the total word count of documents related to unemployment in each state, revealing insights into the volume of unemployment-related content by location.
CO Title 8 Word Count
Calculates the total number of words in the content of entries related to 'Title 8' in Colorado, providing insight into the volume of text data available for that specific category and state.