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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-147/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 147 - JURY; VERDICT; CONVICTION OF LESSER OFFENSE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 147 - JURY; VERDICT; CONVICTION OF LESSER OFFENSE
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The defendant may be found guilty of any lesser offense the commission of which is necessarily included in that with which he is charged; or of a lesser offense than that with which he is charged; or of an attempt to commit either the offense charged or any offense the commission of which is necessarily included therein, or of any degree thereof, if the attempt constitutes in itself, an offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-148/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 148 - JURY; VERDICT; RECONSIDERATION FOR MISTAKEN APPLICATION OF THE LAW
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 148 - JURY; VERDICT; RECONSIDERATION FOR MISTAKEN APPLICATION OF THE LAW
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When there is a verdict of conviction in which it appears to the court that the jury has mistaken the law, the presiding judge may explain to the jury his reasons and order them to reconsider their verdict. If, after reconsideration, they return the same verdict, it shall be accepted by the court. Nothing contained herein shall apply to a verdict of acquittal which shall always be accepted by the court.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-149/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 149 - JURY; RECONSIDERATION OF DEFECTIVE VERDICT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 149 - JURY; RECONSIDERATION OF DEFECTIVE VERDICT
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If the verdict should be so defective that the court should be unable to determine the intention of the jury to acquit or convict the defendant of the offense under which the defendant might be convicted pursuant to the information, or be unable to determine of what count or counts the jury wished to acquit or convict the defendant, the court may charge the jury to reconsider said verdict and state plainly their intention. But if the jury persists in returning an informal verdict, said verdict shall be accepted and the court must give judgment of acquittal.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-150/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 150 - JURY; PARTIAL VERDICT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 150 - JURY; PARTIAL VERDICT
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The jury may render a verdict or as many verdicts as may be necessary with regard to one or more of the counts of the information or with regard to one or more of the defendants included therein as to whose guilt or innocence they agree. If the jury cannot agree upon a verdict with regard to a count or a defendant, the court may order a new trial for said count or said defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-151/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 151 - JURY; VERIFICATION OF THE VERDICT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 151 - JURY; VERIFICATION OF THE VERDICT
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When a verdict is rendered, the jury may be polled at the request of either party or on the court’s own motion. If as the result of this poll, it is determined that the verdict was not rendered by at least nine (9) jurors, the jury must be sent out for further deliberation or it may be discharged.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-151-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule § 151.1 - TRIAL; CONFESSION OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule § 151.1 - TRIAL; CONFESSION OF DEFENDANT
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Upon a trial by jury, all questions of fact and of law referring to the confession of a defendant shall be heard and decided exclusively by the judge, in the absence of the jury, and the judge shall either admit such confession in evidence or reject it. This provision shall not have the effect of precluding defendant from introducing to the jury, and the adverse party from challenging, pertinent evidence relating to the weight or credibility of the confession, and to the circumstances under which the confession was obtained.
History —Added on June 30, 1964, eff. 60 days after May 31, 1965.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-152/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 152 - TRIAL; CONSPIRACY; OVERT ACTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 152 - TRIAL; CONSPIRACY; OVERT ACTS
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Upon a trial for conspiracy, in a case where an overt act is necessary to constitute an offense, the defendant cannot be convicted unless one or more of said overt acts are expressly alleged in the information or complaint and one of the acts alleged is proven, but other overt acts not alleged may be proven.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-153/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 153 - TRIAL; BIGAMY; PROOF OF MARRIAGES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 153 - TRIAL; BIGAMY; PROOF OF MARRIAGES
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Upon a trial for bigamy, it is not necessary to prove either of the marriages by the records of the register, certificates, or any other official record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage. Proof as to the place and time in which the second marriage took place, accompanied by authentic proof of cohabitation thereafter in Puerto Rico, shall be sufficient to sustain the charge.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-154/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 154 - TRIAL; EVIDENCE OF CORROBORATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 154 - TRIAL; EVIDENCE OF CORROBORATION
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Upon trial for the crime of procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing or for inducing or deceiving an unmarried female, under the age of twenty-one (21) years, until then reputed to be chaste, to enter a house of ill repute or any other place for the purpose of prostitut[ing] her or aiding or assisting therein or for having unlawful carnal relationship with any man, or upon trial for seduction under the promise of marriage, the defendant cannot be convicted upon the sole testimony of the aggrieved woman unless such testimony is corroborated with some evidence which by itself tends to establish the relationship of the accused with the commission of the crime. This corroboration shall not be sufficient if it only proves the perpetration of the crime, or the circumstances thereof.
History —July 23, 1974, No. 209, Part 2, p. 114; Nov. 11, 1994, No. 123, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-154-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 154.1 - TRIAL; EVIDENCE OF PREVIOUS CONDUCT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 154.1 - TRIAL; EVIDENCE OF PREVIOUS CONDUCT
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No evidence shall be admitted in any proceedings for the crime of rape or attempted rape, with regard to the previous sexual behavior or record of the victim, or any evidence of opinion or reputation regarding said sexual behavior or record, for the purpose of challenging her credibility or to establish her consent, unless there are special circumstances that indicate that such evidence is relevant and that its defamatory or harmful nature shall not have a heavier weight than its probatory value.
If the accused offers to give evidence about the sexual behavior or record of the victim, or evidence of opinion or reputation with regard to such sexual behavior or record, under the exception of special circumstances, the following procedure shall be complied with:
(a) The accused shall present a sworn and a written motion to the court and to the Attorney General, indicating the evidence to be offered and its relevance to challenge the credibility or to establish the consent of the victim. Said motion shall be presented five days before the trial, unless there is no opportunity to do so or the accused had no information to support said motion.
(b) If the court determines that said evidence is satisfactory, a hearing shall be held in private and in absence of the jury. In said hearing the victim may be interrogated in relation to the evidence to be presented by the accused.
(c) If the court determines at the conclusion of the hearing that the evidence to be presented by the accused is relevant, and that its defamatory and injurious nature shall not have a heavier weight than its probatory value, it shall issue an order indicating the evidence that may be presented by the accused and the type of questions allowed. The accused may then give evidence according to the court order.
History —Added on Feb. 1, 1979, No. 6, p. 12.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-155/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 155 - TRIAL; CORROBORATION IN CASES OF FRAUD
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 155 - TRIAL; CORROBORATION IN CASES OF FRAUD
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Upon a trial for having obtained, with an intent to cheat or defraud another, by any false pretenses, the signature of any person to a written instrument, or having obtained from any person any money, personal property or valuable thing, the defendant shall not be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof, is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. But this Rule shall not apply to a prosecution for false pretenses or personating another for the purposes of marrying or of receiving any money or property in such assumed character.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-156/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 156 - TRIAL; TESTIMONY OF ACCESSORY OR ACCOMPLICE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 156 - TRIAL; TESTIMONY OF ACCESSORY OR ACCOMPLICE
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The testimony of an accessory or accomplice shall be examined with distrust and given the weight the judge or the jury deems proper after examining the same with caution in the light of all the evidence submitted in the case. In jury cases the jury shall be given instructions to that effect.
History —July 23, 1974, No. 208, Part 2, p. 112; Sept. 15, 2004, No. 317, § 11.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-157/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 157 - TRIAL; MURDER; BURDEN OF PROOF
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 157 - TRIAL; MURDER; BURDEN OF PROOF
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Upon a trial for murder, once it is proven that the death was caused by the defendant, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of The People tends to show that the crime committed only amounts to manslaughter or that the defendant was justified or excused in committing it.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-158/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 158 - TRIAL; LOTTERY; PROOF REQUIRED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 158 - TRIAL; LOTTERY; PROOF REQUIRED
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Upon a trial for the violation of any of the provisions of §§ 291-298, both inclusive, of the Penal Code of Puerto Rico, §§ 1211-1218 of Title 33, it shall not be necessary to prove the existence of any lottery in which a lottery ticket purports to have been issued, nor to prove the actual signing of any such ticket or share, purported ticket or share, of any purported lottery, or that any lottery ticket, share or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager. But in all cases proof of the sale, bartering, or proceeding of any ticket, share, or part or share or of any document purporting to be such ticket, share or interest thereof, is evidence that such share was signed and issued according to the purport thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-159/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 159 - PROCEEDINGS BEFORE THE DISTRICT COURT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 159 - PROCEEDINGS BEFORE THE DISTRICT COURT
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(a) Assistance of counsel.— If when a case is to be tried, the defendant appears in court without counsel, the court shall advise him of his right to counsel, and if the defendant cannot obtain the services of counsel, the court shall assign counsel to represent him, unless the defendant waives his right thereto. The counsel assigned by the court shall render his services free of charge to the defendant. The court shall grant counsel a reasonable time to prepare the defense of the defendant.
(b) Trial.— At the commencement of the trial the complaint shall be read to the defendant who shall thereafter file his plea. If the defendant pleads “not guilty”, the corresponding prosecuting attorney, if any, or in lieu thereof the court shall proceed to examine under oath the witnesses for the prosecution, after which, the defendant shall submit the evidence on his behalf. Thereafter and following the same order, the evidence of rebuttal may be introduced, although said order may be altered by the court according to its own discretion. Once the presentation of the evidence and the pleading of both parties is over, the court shall render the appropriate judgment and enter sentence pursuant to the provisions of these Rules.
History —June 26, 1974, No. 90, Part 1, p. 314.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-160/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 160 - JUDGMENT; DEFINITION; TIME FOR PRONOUNCING
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 160 - JUDGMENT; DEFINITION; TIME FOR PRONOUNCING
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The word “judgment” means the pronouncement made by the court convicting or acquitting the defendant.
After a plea of guilty or after a verdict against the defendant, the court shall forthwith pronounce its judgment pursuant to said plea or the verdict rendered. If the case was not tried by jury, the court may reserve the judgment for a term not longer than two days after the case was submitted.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-161/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 161 - JUDGMENT; DETERMINATION OF DEGREE OF CRIME
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 161 - JUDGMENT; DETERMINATION OF DEGREE OF CRIME
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In judgments of conviction of crimes divided in degrees, the court shall determine the degree of the crime of which the defendant is convicted.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 162 - SENTENCE; DEFINITION; TIME FOR PRONOUNCING
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162 - SENTENCE; DEFINITION; TIME FOR PRONOUNCING
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The word “sentence” means the pronouncement made by the court as to the punishment imposed on the defendant.
At the time of pronouncing sentence, the court must explain verbally or in writing the reasons for imposing the sentence.
When a judgment of conviction is entered in felony cases, the court shall set a time limit for pronouncing sentence, which must be at least three (3) days after the verdict. In cases of misdemeanors, the court shall pronounce sentence no later than on the day after the judgment. In no case shall the court pronounce sentence before any motion for a new trial or a motion to stay judgment has been decided, or before due consideration has been given to the presentence report required under Rule 162.1.
The rules of evidence shall not apply in the sentencing phase, except insofar as privileges are concerned, as outlined in Rules 23 to 35 of Evidence of Puerto Rico, App. IV of Title 32.
History —July 23, 1974, No. 172, Part 2, p. 10, 1; June 4, 1980, No. 103, p. 334, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule § 162.1 - PRESENTENCE REPORT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule § 162.1 - PRESENTENCE REPORT
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(a) The court, before pronouncing sentence in the following cases, shall have before it a report that has been submitted to it after a thorough investigation of the defendant’s family background and social history and the economic, emotional and physical effect on the victim and his/her family caused by the commission of the offense that will allow it to issue a rational sentence has been conducted.
(1) In all felonies, except in the first degree.— This presentence report shall be prepared by the Probation and Parole Program of the Corrections Administration.
It shall include the voluntary statement given by the victim as to the economic, emotional and physical effect upon him and his family caused by the commission of the crime, which will be attached to the report on the accused’s background.
In the case that the victim or his representative cannot be found, or are not willing to cooperate in the preparation of the report, the fact should be stated in it. The victim’s representative may be his spouse or a relative within the third degree of consanguinity or any other person that the court in its discretion determines as fit to represent the victim.
(2) In misdemeanors.— In misdemeanors, the court shall use the “Short Data Form” required by Rule 162.2 of this appendix as a presentence report except when special circumstances warrant broader information, in which case any additional evaluations may be requested from the Corrections Administration, if it is deemed advisable in the judgment of the court.
(b) The victim or his representative, as defined in subsection (a) of this rule, may submit a statement as to the economic, emotional and physical effect brought upon the victim and his family by the commission of the crime, before the court renders judgment in felony cases or misdemeanors in one or both of the following ways:
(1) Giving an oral statement at the hearing held by the court to pronounce judgment. In the event that there are several victims, the court may limit the number of statements consolidating them in the most adequate manner.
(2) By submitting a sworn statement to the Probation and Parole Program of the Corrections Administration which will be included in the presentence report pursuant to the provisions of subsection (a) of this rule.
Presentence reports shall be handled in the shortest possible time and if it is not available within the terms established by Rule 162 of this appendix, the court shall postpone the pronouncement of sentence in order to receive the report.
Nothing provided herein shall be understood as limiting the power of the court to amend its sentence pursuant to the provisions of these rules.
The court shall give the defendants or petitioners, their counsel or the prosecuting attorney, access to the presentence reports in order that they may be contested through the presenting of evidence.
Only that information given by the victim or by private persons to whom said guarantee was offered shall be kept confidential.
(c) If the victim so wishes, his/her residential or postal address shall be written in a separate folio in the presentence report as provided in the previous subsections. Such information shall confidential and shall be required in order for the Corrections Administration to keep the victim informed on the development of the compliance of his/her offender’s sentence and to grant him/her the right to be heard in those procedures when so provided by legislation.
History —Added on July 23, 1974, No. 172, Part 2, p. 10, § 2; June 4, 1980, No. 103, p. 334, § 1; June 19, 1987, No. 37, p. 130, § 1; Dec. 22, 1994, No. 151, § 1; Sept. 15, 2004, No. 317, § 12.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 162.2 - SHORT DATA FORM, RULES AND PROCEDURE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162.2 - SHORT DATA FORM, RULES AND PROCEDURE
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(a) At every court Part there shall be available a “Short Data Form” in which to record information regarding, among other, the following criteria directed at allowing the magistrate to make a rational judgment upon pronouncing sentence:
(1) Employment and sources of income
(2) Place of residence and time therein
(3) Community relations and family ties
(4) Personal references
(5) Mental and physical state of health
(6) Previous criminal record
(7) The economic, emotional and physical effect upon the victim and his family caused by the commission of the crime
(8) Any other fact that may affect the final determination of the sentence.
(b) The following rules and procedures regarding the Short Data Form mentioned in Rule 162.1 shall be applied:
(1) The data to be recorded in the form shall be furnished voluntarily.
(2) Refusal to furnish data, nevertheless, shall only constitute one factor which the magistrate shall consider, among others, to determine the sentence to be imposed.
(3) The magistrate shall not take the data in the form into account until the time immediately preceding such sentence.
(4) When considering the data in the form, the magistrate shall read its contents to the accused to make sure that the data given by him is the same appearing in the form.
(5) In every case that it is required by these rules for the magistrate to record his reasons in the form when making his determination on the sentence, a copy of the form shall be attached to the record of the case.
(6) If the court finds, after the data in the form is verified by personnel appointed therefor, that all or any part thereof is false, motu proprio or at the request of the prosecuting attorney’s office, it may vary the conditions of the sentence.
(7) The Short Data Form must be executed by the court once it has determined probable cause.
History —Added July 23, 1974, No. 239, Part 2, p. 225, § 1; June 19, 1987, No. 37, p. 130, § 2, eff. 60 days after June 19, 1987.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 162.3 - NOTICE, OBJECTIONS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162.3 - NOTICE, OBJECTIONS
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Once the presentence reports are rendered, the court shall serve notice of this fact promptly to the parties who may submit their objections within the term of ten (10) days from the date of service.
The parts of the report that are to be contested through the presentment of evidence shall be specified. If the reports were contested, the court shall hold a hearing.
History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule § 162.4 - SENTENCE; EVIDENCE OF EXTENUATING OR AGGRAVATING CIRCUMSTANCES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule § 162.4 - SENTENCE; EVIDENCE OF EXTENUATING OR AGGRAVATING CIRCUMSTANCES
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The defendant, as well as the prosecuting attorney, may request the court to hear evidence of extenuating or aggravating circumstances for the purpose of imposing the penalty. If it appears from the allegations submitted that there is a real controversy over a material fact that requires the presentation of evidence, the court shall then hold a hearing as soon as possible, in which:
(a) The prosecuting attorney may present evidence of aggravating circumstances which, in his judgment, justify that a strict sentence be pronounced or that the effects thereof should not be suspended or, in the opposite case, that stricter conditions be imposed.
(b) The defendant may present evidence of extenuating circumstances which, in his judgment, justify a lenient sentence or that the effects thereof be suspended.
History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 162.5 - PRESENTENCE REPORTS; EXTENUATING AND AGGRAVATING CIRCUMSTANCES; CONSOLIDATION OF HEARIN...
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162.5 - PRESENTENCE REPORTS; EXTENUATING AND AGGRAVATING CIRCUMSTANCES; CONSOLIDATION OF HEARINGS
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If a party files a motion under Rule 162.1, and it or the other party files another motion under Rule 162.4, or accumulates claims in the same motion under both rules, the court shall consider both issues in one same hearing unless this is not feasible.
History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-163/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 163 - JUDGMENT AND SENTENCE; PLACE AND MANNER OF PRONOUNCEMENT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 163 - JUDGMENT AND SENTENCE; PLACE AND MANNER OF PRONOUNCEMENT
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The judgment as well as the sentence shall be pronounced in open court and shall be registered in the official docket for criminal cases and in the minutes of the court, if any, within two (2) days following the day on which they were pronounced or dictated. The clerk of the court shall immediately remit a certified copy of the sentence to the Superintendent of the Police of Puerto Rico and to the District Attorney.
History —Dec. 13, 1994, No. 128, § 1, eff. 90 days after Dec. 13, 1994.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-164/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 164 - JUDGMENT OF ACQUITTAL; EFFECTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 164 - JUDGMENT OF ACQUITTAL; EFFECTS
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If a judgment of acquittal is entered and the defendant is under custody, he shall be released forthwith, unless by reason of other pending causes he should remain in custody, and if he is on bail, it shall be exonerated or his money refunded as the case may be.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-165/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 165 - JUDGMENT AND SENTENCE; PRESENCE OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 165 - JUDGMENT AND SENTENCE; PRESENCE OF DEFENDANT
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When the presence of the defendant is necessary, the court may direct any officer in whose custody he is, to bring him before the court to hear the judgment or sentence which is to be pronounced or imposed on him. If the defendant is out on bail and does not appear for judgment or sentencing, the court, in addition to forfeiting bail, may direct that the defendant be arrested. If the defendant is convicted and is out on bail, the court shall immediately decree that bail be rescinded, and shall direct that the defendant be imprisoned until judgment is pronounced in those cases that by express provision of law the effects of his sentence cannot be suspended.
History —Mar. 30, 1984, No. 6, p. 17.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-166/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 166 - SENTENCE; INFORMATION TO BE GIVEN TO DEFENDANT BEFORE JUDGMENT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 166 - SENTENCE; INFORMATION TO BE GIVEN TO DEFENDANT BEFORE JUDGMENT
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When the defendant appears in court for judgment, in cases of felony, he must be informed of the nature of the charge against him contained in the information and of the pronouncement of judgment, and must be asked whether he has any legal cause to show why sentence should not be imposed on him. If no such legal cause exists the court shall pronounce sentence. If the defendant is not represented by counsel, the court shall inform him of his right to appeal, and the clerk at the request of the defendant, shall prepare and file a notice of appeal pursuant to the provisions of these rules.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-167/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 167 - SENTENCE; OMISSION TO GIVE INFORMATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 167 - SENTENCE; OMISSION TO GIVE INFORMATION
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If the sentence pronounced is not in accordance with the provisions of Rule 166, the court shall set it aside and proceed according to said rule.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-168/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 168 - SENTENCE; CAUSES WHY SENTENCE SHOULD NOT BE PRONOUNCED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 168 - SENTENCE; CAUSES WHY SENTENCE SHOULD NOT BE PRONOUNCED
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The defendant may request and show in the appropriate cases, that sentence should not be pronounced against him only by reason of the following causes:
(a) That he has become insane after the verdict was rendered or the judgment pronounced.
(b) That he has been granted a pardon for the crime tried in the cause for which sentence is to be pronounced against him.
(c) That he is not the person against whom the verdict was rendered or the judgment pronounced.
(d) That the provisions of Rule 162 have not been fulfilled.
(e) That the offense of which he was declared guilty was barred by the statute of limitations.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-169/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 169 - SENTENCE; INSANITY AS CAUSE WHY SENTENCE SHOULD NOT BE PRONOUNCED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 169 - SENTENCE; INSANITY AS CAUSE WHY SENTENCE SHOULD NOT BE PRONOUNCED
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The procedure provided for in Rule 240 shall be followed when insanity is alleged as a cause why sentence should not be pronounced.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-170/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 170 - SENTENCE; EVIDENCE AS TO THE CAUSES WHY SENTENCE SHOULD NOT BE PRONOUNCED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 170 - SENTENCE; EVIDENCE AS TO THE CAUSES WHY SENTENCE SHOULD NOT BE PRONOUNCED
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When it is alleged as a cause why sentence should not be pronounced, that the defendant is not the person against whom the verdict was rendered or the judgment pronounced, or that the defendant was granted a pardon for the offense for which sentence is to be pronounced against him, the court shall, if necessary, postpone the pronouncement of sentence in order to receive the relevant evidence of said fact. If said evidence justifies the alleged cause, the defendant shall forthwith be released, unless he should remain under arrest to answer for other offenses. When the cause alleged is the prescription of the offense for which the defendant was declared guilty, once the said prescription is verified, the court shall order the dismissal of the information and the immediate release of the defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-171/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 171 - SENTENCE; EVIDENCE AS TO MITIGATING OR AGGRAVATING CIRCUMSTANCES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 171 - SENTENCE; EVIDENCE AS TO MITIGATING OR AGGRAVATING CIRCUMSTANCES
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The court, at its own instance or at the request of the defendant or the prosecuting attorney, upon due notice to the opposing party or parties, shall hear evidence as soon as possible of extenuating or aggravating circumstances for the imposition of penalties.
(a) The following may be considered as extenuating circumstances, among others:
(1) Facts related to the commission of the crime, the victim or the defendant, including, among others:
(A) The defendant was a passive participant during the commission of the crime.
(B) The victim provoked the incident.
(C) The crime was committed under unusual circumstances.
(D) The defendant participated in the commission of the crime under coercion, or his/her conduct is partially excusable for some other reason which does not constitute a defense of those affirmatively alleged.
(E) The defendant was not predisposed, but was induced by others to participate in the commission of the crime.
(F) The defendant tried to prevent the criminal damage caused to the person or the property, or the amount that was taken was minimal, or he/she was threatened.
(G) The defendant believed he/she had a right or a claim to the property which was the object of the crime or, for other mistaken reasons, he/she believed his/her conduct was lawful.
(H) The defendant was motivated by the desire to provide the basic needs for his/her family or for him/herself.
(I) The criminal consequences were produced by the negligence of the defendant.
(2) Facts related to the defendant him/herself, including, among others:
(A) The defendant had no prior criminal record.
(B) The age and physical condition of the defendant.
(C) The defendant suffered from a mental or physical condition which significantly reduced his/her guilt.
(D) The defendant admitted his/her guilt during the preliminary stages of the criminal proceeding.
(E) The defendant did not qualify for a suspended sentence.
(F) The defendant made restitution to the victim for the damage caused.
(G) The conduct and reputation of the defendant in his/her community is satisfactory.
(b) The following may be considered as aggravating circumstances, among others:
(1) Facts related to the commission of the crime, the victim or the defendant him/herself, including, among others:
(A) The crime was a violent one, grave bodily harm was done or there was as threat to cause it, and the facts show evidence of extreme cruelty, no respect for human life and a rejection of the standards of decency.
(B) The defendant used a weapon in the commission of the crime.
(C) The victim was particularly vulnerable whether for being a minor or for being mentally or physically disabled.
(D) The crime involved more than one victim.
(E) The defendant induced others to participate in the commission of the crime or acted as the leader or dominant figure among the other participants.
(F) The defendant used a minor as an accomplice.
(G) The defendant threatened the witnesses, illegally prevented the witnesses from attending the hearings or induced them to commit perjury, or otherwise obstructed the judicial process.
(H) The defendant is a member of an organized criminal group, organization or enterprise.
(I) The crime shows evidence of premeditated criminal intent.
(J) The defendant was paid to commit the crime.
(K) The defendant lied during the trial while under oath even though he/she has not been tried for perjury.
(L) The crime involves misappropriation of a large sum of money.
(M) The defendant has a prior criminal record.
(N) The defendant has worn a uniform identifying him/her as a Commonwealth, municipal or federal law enforcement officer, or an employee or official of a government agency, department or dependency thereof.
(O) The victim of the crime is sixty (60) years of age or older.
(P) The crime was committed or consummated in an institution, shelter or home for the care of persons sixty (60) years of age or older, as defined in Section 3 of Act No. 94 of June 22, 1977, as amended.
(Q) The crime has been committed within a public building or dependency or its annexes belonging to the Commonwealth of Puerto Rico, including municipalities and public corporations and instrumentalities, and the Courts of Justice.
(R) The crime committed was motivated by prejudice against the victim for reason of race, color, sex, sexual orientation, gender, gender identity, origin, ethnic origin, civil status, birth, physical and/or mental disability, social status, religion, age, or religious or political beliefs.
For purposes of establishing the motive as provided in this paragraph, it will not suffice to prove that the defendant has a belief in particular or to prove only that the defendant belongs to a particular organization.
(S) The crime was committed in any building or the grounds of public or private elementary, intermediate, and secondary schools, maternal infant care centers, pre-school, or extended care center for school age children, and Head Start centers, pursuant to the provisions of Act No. 30 of May 16, 1972.
However, it shall be deemed as an aggravating circumstance in all cases, that the person committed the crime while enjoying the benefits of a suspended sentence, parole, conditional release on bail, or probation.
History —June 4, 1980, No. 103, p. 334, § 1; May 12, 1986, No. 23, p. 57; Nov. 14, 1995, No. 220, § 1; July 18, 1998, No. 142, § 1; Aug. 30, 2000, No. 236, § 1; Mar. 4, 2002, No. 46, § 1; Aug. 29, 2002, No. 210, § 1; Sept. 15, 2004, No. 317, § 13; Sept. 16, 2004, No. 328, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-172/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 172 - SENTENCE; ALTERNATIVE IMPRISONMENT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 172 - SENTENCE; ALTERNATIVE IMPRISONMENT
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Whenever in any court sentence is pronounced adjudging that the defendant pay a fine, and such fine is not immediately paid, the defendant shall be imprisoned for such nonpayment for the term of one (1) day for each dollar left unpaid and this alternative imprisonment shall not exceed ninety (90) days.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-173/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 173 - SENTENCE; FINE, LIEN
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 173 - SENTENCE; FINE, LIEN
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A sentence that the defendant pay a fine shall constitute a lien, in the same manner as a sentence for payment of money rendered in a civil action, provided it is so recorded in the Judgment Book of the Registry of Property.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-174/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 174 - SENTENCE; TERM OF IMPRISONMENT DETERMINED AS PER JUDGMENT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 174 - SENTENCE; TERM OF IMPRISONMENT DETERMINED AS PER JUDGMENT
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In a sentence of conviction for a felony or a misdemeanor that bears deprivation of freedom, the court shall determine imprisonment in a adequate institution for the term indicated in the judgment.
History —Dec. 10, 1999, No. 334, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-175/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 175 - SENTENCE; REQUISITES FOR ITS EXECUTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 175 - SENTENCE; REQUISITES FOR ITS EXECUTION
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When a judgment has been pronounced, a certified copy thereof must be forthwith delivered to the officer whose duty it is to execute it, which copy shall be sufficient for its execution, no other warrant or authority being necessary to justify or to require its execution.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-176/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 176 - SENTENCE; FINE; PAYMENT FOR DAMAGES; HOW TO EXECUTE IT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 176 - SENTENCE; FINE; PAYMENT FOR DAMAGES; HOW TO EXECUTE IT
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If the judgment rendered is for a fine or an award for damages as provided for in § 16-102A of Act July 20 1960, No. 141, the procedure to be followed for the execution thereof is the same as in the case of a judgment entered in a civil case ordering the payment of money.
History —Nov. 28, 1989, No. 5, p. 549, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-177/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 177 - JUDGMENT FOR IMPRISONMENT; SERVICE THEREOF
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 177 - JUDGMENT FOR IMPRISONMENT; SERVICE THEREOF
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If the judgment is for imprisonment, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with. The same procedure is to be followed when the judgment is for a fine and alternative imprisonment if the fine is not paid. If after he has started to serve the alternative imprisonment for failure to pay the fine, the prisoner wants to pay it, he shall be credited a dollar for each day of imprisonment which he may have served for such failure to pay.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-178/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 178 - TYPES OF SENTENCES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 178 - TYPES OF SENTENCES
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The court shall pronounce sentences pursuant to the Penal Code of the Commonwealth of Puerto Rico and the special laws regarding such matters.
History —June 4, 1980, No. 103, p. 334, § 1; Sept. 15, 2004, No. 317, § 14.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-179/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 179 - CONCURRENT OR CONSECUTIVE SENTENCES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 179 - CONCURRENT OR CONSECUTIVE SENTENCES
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Whenever a person is convicted of an offense, the trial court shall determine, on pronouncing sentence, whether the prison term imposed therein is to be served consecutively or concurrently with any other prison term or terms. If the court fails to state such determination, the term of imprisonment imposed shall be served concurrently with any other terms which the court may impose as part of the sentence, or with any other terms which may already have been imposed upon the defendant.
In cases where there is a plurality of applicable criminal code provisions or a combination of series of related criminal acts or continuous crime, the sentence shall be pronounced pursuant to the provisions of §§ 4706—4708 of Title 33, part of the Penal Code of the Commonwealth of Puerto Rico.
History —Sept. 15, 2004, No. 317, § 15.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-180/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 180 - TERMS NOT TO BE SERVED CONCURRENTLY
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 180 - TERMS NOT TO BE SERVED CONCURRENTLY
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The prison terms that must be imposed in the following cases shall not be served concurrently:
(a) When the convicted person has been sentenced for a crime committed while on appeal from another crime or other crimes or while released because the effects of a judgment of conviction were annulled.
(b) When the convicted person is in prison or is to be imprisoned by a sentence to imprisonment in default of the payment of any fine imposed upon him.
(c) When the convicted person committed a crime while imprisoned in a penal institution or serving any sentence.
(d) When the convicted person commits a crime while he is on parole or under conditional pardon or under any measure of conditional freedom where he is considered to be serving a sentence imposed by a court.
(e) When the convicted person has been sentenced for a crime committed while free on bail, accused of the commission of a felony.
(f) When the convicted person has been sentenced for a felony or misdemeanor, as classified in § 4248 of Title 33.
History —June 4, 1980, No. 106, p. 346, July 2, 1987, No. 87, p. 335, § 2.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 181 - REPORT AS TO PRISONER SUMMONED TO TRIAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 181 - REPORT AS TO PRISONER SUMMONED TO TRIAL
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When a person is serving a sentence and is summoned to trial before any court of justice, the director or person in charge of the penal institution where the said person is confined shall send to the judge of the court who requires the appearance, a certificate with a copy, describing the details of said imprisonment, specifying the form in which the said person is serving sentence. If the person is awaiting trial, or his case is on appeal, the time he remains in such condition, the crime and order of detention shall be specified. In every case there shall be sent a statement of the penal record of the said person, stating the number of the case, the crime, the penalty, trial court, date of said sentence, date on which he began to serve it, the executive clemency received or the form in which and the date on which he served the sentence. If the person has cases on appeal or orders of imprisonment against him, whether bond has been given or not, it shall be reported in the same manner as provided above in this rule.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 182 - TIME DEFENDANT HAS BEEN DEPRIVED OF HIS LIBERTY
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 182 - TIME DEFENDANT HAS BEEN DEPRIVED OF HIS LIBERTY
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The time that a person charged with the commission of any public offense may have been deprived of his liberty, shall be fully deducted from the prison term that said person must serve if he is sentenced for the same offenses for which he was deprived of his liberty.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 183 - TERM OF IMPRISONMENT AWAITING RESULT OF APPEAL FROM SENTENCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 183 - TERM OF IMPRISONMENT AWAITING RESULT OF APPEAL FROM SENTENCE
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The time that a person may have been deprived of his liberty awaiting the result of an appeal taken from the sentence imposed upon him, shall be fully deducted from the prison term that said person must serve under said sentence if it is affirmed or modified.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 184 - SENTENCE SUBSEQUENTLY ANNULLED OR REVERSED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 184 - SENTENCE SUBSEQUENTLY ANNULLED OR REVERSED
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The time that a person may have been deprived of his liberty under a sentence that is subsequently annulled or reversed, shall be fully deducted from the prison term that said person must serve in case he is sentenced again for the same offenses for which the sentence so annulled or reversed was imposed.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 185 - CORRECTION OR MODIFICATION OF SENTENCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 185 - CORRECTION OR MODIFICATION OF SENTENCE
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(a) Illegal sentence; drafting of the sentence.— The sentencing court may correct an illegal sentence at any time. It may likewise for justifiable cause and in furtherance of justice, reduce any sentence within ninety (90) days of its pronouncement, provided the same is not on appeal, or within sixty (60) days after receipt of a mandate confirming the sentence or dismissing the appeal, or after receipt of an order denying an application for a writ of certiorari.
(b) Clerical mistakes.— Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after notice is given to the parties, if the court so orders.
(c) Modification of sentence.— The court may modify a sentence of imprisonment in those cases where the requirements of § 4732 of Title 33, and of the Constitutional Rehabilitation Mandate Act are met. The court may also modify a sentence of imprisonment by petition of the Prosecuting Attorney when the convict cooperates in an investigation or criminal prosecution, but said modification shall never be less than half of the sentence imposed. The court shall consider the petition in a private hearing and the record thereof shall remain sealed and inaccessible to the public in order to guarantee the safety of the informant and the confidentiality of the investigation.
History —Sept. 15, 2004, No. 317, § 16; Dec. 27, 2011, No. 281, § 5.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 186 - DISABILITY OF THE JUDGE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 186 - DISABILITY OF THE JUDGE
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(a) During the trial.— Once the trial has begun, and before the verdict or judgment is rendered, if the judge before whom the defendant was tried is unable to continue with the trial on account of death, sickness or other disability or for termination of office, any other judge of the same category regularly sitting in or assigned to the court may perform said duties, provided he certifies, within reasonable time after his appointment that he has become familiar with the documents and record of the case.
(b) After the verdict or conviction.— If by reason of termination of office, death, sickness or other disability, the judge before whom the defendant was tried is unable to discharge the duties to be performed by the court after the verdict or conviction, any other judge regularly sitting in or assigned to the court may perform said duties.
(c) Jury trials and court of law.— The substitution referred to in subsection (a) of this rule shall only be carried out in cases of jury trials. By agreement of the parties, there can be a substitution of judge before the judgment in those cases being tried by a court of law.
(d) Appointment of the substitute judge.— The substitute judge should be appointed by the administrative judge of the court to which the first judge belonged, or in lieu of, by the Chief Justice of the Supreme Court, within two (2) days after notice of the judge’s disability has been received.
(e) Authority of the substitute judge.— The substitute judge shall have the same power, authority, and jurisdiction in the case as if it should have begun before him.
(f) Duty of the secretary.— In those courts where there is only one judge assigned, the secretary of the court, immediately after he knows about the judge’s disability shall:
(1) Forthwith advise immediately to the Court Administrator and the Chief Justice of the Supreme Court.
(2) Summon the parties for the setting of a date that in no case shall be less than ten (10) days nor more than fifteen (15) days.
(g) New trial.—
(1) If the substitute judge becomes convinced that he cannot continue performing the duties of the former judge, he may in his discretion, grant a new trial.
(2) The impossibility of complying with the procedure provided by this rule, not attributable to the defendant, shall constitute grounds for a new trial.
History —July 23, 1974, No. 145, Part 1, p. 670.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 187 - NEW TRIAL; GRANTING OF
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 187 - NEW TRIAL; GRANTING OF
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After a verdict of guilty has been rendered, the court may grant a new trial on its own motion with the consent of the defendant or on defendant’s motion.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-188/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 188 - GROUNDS FOR NEW TRIAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 188 - GROUNDS FOR NEW TRIAL
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The court may grant a new trial for any of the following grounds:
(a) When new evidence is discovered, which, if presented at the trial, would probably have changed the verdict or the finding of the court and which the defendant could not, with reasonable diligence, have discovered and produced at the trial. When a motion for new trial is made upon this ground, the defendant shall present the new evidence together with his motion in affidavits of the witnesses by whom such evidence is expected to be given.
(b) When the verdict has been decided by lot, or by means other than a fair expression of opinion on the part of all jurors.
(c) When the verdict is contrary to law or evidence.
(d) When any of the following circumstances intervened and as a consequence thereof the substantial rights of the defendant were impaired:
(1) When the defendant was not present at any stage of the trial, except as provided in Rule 243.
(2) When the jury has received any evidence out of the court other than that resulting from a view of the premises.
(3) When the members of the jury have separated without leave of the court, after retiring to deliberate upon their verdict, or when any member thereof has been guilty of any misconduct by which a fair and due consideration of the case has been prevented.
(4) When the prosecuting attorney has been guilty of any misconduct.
(5) When the court has erred in the decision of any question of law arising in the course of the trial, or when the court has erroneously instructed the jury in a matter of law, or has erroneously denied an instruction to the jury requested by the defendant.
(e) When it is impossible to obtain a transcript of the stenographic notes of the proceeding because of the death or incapacity of the court stenographer or because of the loss or destruction of said notes, or to prepare a statement of the case in a narrative form as provided by Rules 208 and 209 to substitute for said transcript.
(f) The court may also grant a new trial, when due to any other cause for which the defendant is not responsible, he has not had a fair and impartial trial.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-189/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 189 - NEW TRIAL; TIME FOR FILING THE MOTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 189 - NEW TRIAL; TIME FOR FILING THE MOTION
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The motion for a new trial must be filed before judgment is rendered, except that when it is based upon the grounds provided for in subsection (e) of Rule 188, it shall be filed within thirty (30) days following the day on which notice of the death or incapacity of the court stenographer or of the loss or destruction of his notes is had; and when the motion is based upon the provision of Rule 192, it shall be filed within thirty (30) days following the day on which notice of the new evidence or facts was had.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 190 - NEW TRIAL; MOTION; REQUIREMENTS; NOTICE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 190 - NEW TRIAL; MOTION; REQUIREMENTS; NOTICE
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The motion for new trial shall be presented in writing, it shall state all the grounds on which it is based and the prosecuting attorney shall be notified thereof.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 191 - NEW TRIAL; EFFECTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 191 - NEW TRIAL; EFFECTS
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When a new trial is granted, it shall be held for an offense which is not a greater offense and which is not greater in degree than the one for which the defendant was convicted in the former trial. In the new trial, the former verdict or finding cannot be used or referred to either in evidence or in argument, nor can it be pleaded as ground for the dismissal of the information under subsection (e) of Rule 64.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 192 - NEW TRIAL; FINDING OF NEW FACTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 192 - NEW TRIAL; FINDING OF NEW FACTS
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The court may in like manner and at the request of the defendant grant a new trial if after the sentence is pronounced new facts or new evidence are found of a nature tending to establish defendant’s innocence.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii-a/rule-192-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII-A - PROCEEDINGS SUBSEQUENT TO CONVICTION›Rule 192.1 - PROCEEDING SUBSEQUENT TO SENTENCE; BEFORE THE COURT OF FIRST INSTANCE AND THE DISTRICT...
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII-A - PROCEEDINGS SUBSEQUENT TO CONVICTION › Rule 192.1 - PROCEEDING SUBSEQUENT TO SENTENCE; BEFORE THE COURT OF FIRST INSTANCE AND THE DISTRICT COURT
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(a) Who may request it.— Any person who is imprisoned by virtue of a judgment rendered by any Division of the Court of First Instance and who alleges the right to be released because:
(1) The sentence was imposed in violation of the Constitution or the laws of the Commonwealth of Puerto Rico or of the Constitution and laws of the United States; or
(2) the court lacked jurisdiction to impose such sentence; or
(3) the sentence imposed exceeds the penalty prescribed by law, or
(4) the sentence is subject to collateral attack for any reason, may file a motion, in the part of the court which imposed the sentence, to vacate, set aside, or correct the judgment.
The motion for said purposes may be filed at any time. All the grounds which the petitioner may have to seek the remedy provided in this rule shall be included in the motion. Grounds not included shall be considered to have been waived, unless the court, in consideration of a subsequent motion, determines that they could not have been reasonably filed in the original motion.
(b) Notice and hearing.— Unless the motion and the record of the case conclusively show that the person is not entitled to any remedy at all, the court shall order that copy of the motion be served on the prosecuting attorney of the corresponding part, in the case of a judgment rendered by the Court of First Instance; and in the case of a judgment rendered by the District Court, on the prosecuting attorney of the Court of First Instance to which appeals from judgments of the said District Court may be taken. The court shall furnish legal aid to petitioner, if he has none, shall set the hearing of the motion promptly, [shall assure itself that petitioner has included all the grounds he may have to seek the remedy,] shall fix and admit bail in the proper cases, shall establish the questions in controversy, and shall make findings of fact and conclusions of law with respect thereto.
If the court determines that the judgment was rendered without jurisdiction, or that the sentence imposed exceeds the penalty prescribed by law, or that for any reason it is subject to collateral attack, or that there has been such violation of petitioner’s constitutional rights as to render it susceptible to collateral attack the court shall vacate it and set it aside and shall order that the petitioner be released, or it shall render a new judgment, or shall grant a new trial, as it may deem proper.
The court shall consider and decide said motion without the presence of the petitioner at the hearing, unless a question of fact is raised which requires his presence.
The trial court shall not be bound to consider another motion filed by the same inmate to request the same remedy.
The order entered by the District Court shall be appealable before the corresponding Court of First Instance which court shall hold a new hearing. The order entered by the Court of First Instance in these cases, in original proceedings or on appeal of the District Court, shall be reviewable by the Supreme Court by way or certiorari.
History —Added on Mar. 9, 1967; June 2, 1967, No. 99, p.323, eff. 60 days after May 15, 1967.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 193 - APPEAL TO THE CIRCUIT COURT OF APPEALS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 193 - APPEAL TO THE CIRCUIT COURT OF APPEALS
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Final judgements pronounced in criminal cases originated in the Court of First Instance may be appealed by the defendant in the manner prescribed in these Rules. In these cases, the defendant may file an appeal before the Circuit Court of Appeals, except in cases of conviction upon a plea of guilty, which may only be reviewed by a writ of certiorari, in which case the writ shall be issued by the Circuit Court of Appeals at its discretion. The writ of certiorari shall be filed within thirty (30) days after judgment is rendered. This term is jurisdictional.
History —Oct. 24, 1968; June 26, 1974, No. 91, Part 1, p. 315, § 1; Dec. 25, 1995, No. 251, § 1; Jan. 6, 1998, No. 5, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 194 - PROCEDURE TO PERFECT APPEAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 194 - PROCEDURE TO PERFECT APPEAL
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An appeal is executed by filing a writ of appeal with the clerk of the part of the Court of First Instance that pronounced judgment, within thirty (30) days following the date in which the judgment was pronounced, but, if a motion for a new trial is filed under Rules 188(e) and 192 of this appendix within the indicated term of thirty (30) days, the writ of appeal may be filed within thirty (30) days after the date the defendant is served by the court order denying the motion for a new trial.
Should any party request the reconsideration of the judgment within the undeferrable term of fifteen (15) days from the date judgment was rendered, the term to file the writ of appeal or certiorari shall be stayed and the same shall commence on the date that service of the court’s resolution adjudicating the motion for reconsideration is filed in the record.
If the writ of appeal or certiorari is filed with the clerk of the part of the Court of First Instance that pronounced judgment, the appellant or petitioner shall be responsible for serving the regulatory copies of such writ to the clerk of Circuit Court of Appeals, within forty-eight (48) hours of its filing, duly stamped with the date and hour of filing. If the appeal is filed with the clerk of the Circuit Court of Appeals, it shall be the responsibility of the appellant or petitioner to submit a copy of such writ to the clerk of the Court of First Instance that pronounced judgment, within forty-eight (48) hours of filing the writ of appeal or certiorari, duly stamped with the date and hour of its filing.
The appellant or petitioner shall notify the prosecuting attorney and the Attorney General of the filing of the writ of appeal or certiorari within the term prescribed to file such appeals. Said notice shall be made in the manner prescribed in these rules, except as otherwise provided in Rule 195 of this appendix.
The writ of appeal shall state the errors on which the same is grounded briefly and concisely. The writ of certiorari shall contain true and concise statement of the facts of the case as well as statements and discussion of the errors that, in the opinion of the petitioner, were committed by the Court of First Instance.
History —June 23, 1978, No. 77, p. 253, § 1; Dec. 25, 1995, No. 251, § 2; Jan. 6, 1998, No. 5, § 2.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 195 - TAKING OF APPEAL BY PRISONER
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 195 - TAKING OF APPEAL BY PRISONER
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When the appellant is confined in a penal institution and appeals in his own right, the appeal shall be executed by delivering the bill of appeal within the term for the appeal to be filed, to the officer having his custody. It shall be the duty of said officer to file the bill of appeal immediately with the clerk of the court where judgment was rendered, and remit a copy thereof to the Appellate Court. Upon receipt of the bill of appeal, the clerk of the trial court shall notify the prosecuting attorney.
History —June 23, 1978, No. 77, p. 253, § 1, eff. 30 days after June 23, 1978.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-196/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 196 - CONTENTS OF THE BILL OF APPEAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 196 - CONTENTS OF THE BILL OF APPEAL
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The bill of appeal shall set forth the name or names of the appellants defendants; it shall designate the judgment which is appealed, and it shall specify that the appeal is filed with the Circuit Court of Appeals. It shall also specify the circuit to which the appeal corresponds and shall indicate whether the appellants are on parole, on probation or confined to a penal institution. Any other bill on the same case pending on the date of filing shall be identified in the bill. The bill shall contain a brief and concise statement of the errors on which the appeal is grounded. In no case shall the caption of the cause be changed because of the appeal set forth.
History —Dec. 25, 1995, No. 251, § 3, eff. May 1, 1996.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-197/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 197 - STAY OF EFFECT OF GUILTY SENTENCE; ORDER OF PROBATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 197 - STAY OF EFFECT OF GUILTY SENTENCE; ORDER OF PROBATION
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(a) Stay of execution of judgment.— An appeal from a guilty sentence or the filing of a writ of certiorari, shall stay the effects of the sentence once bail is posted.
An appeal, or the filing of a writ of certiorari, shall not stay the effects of a verdict of guilty when the posting of bail is not admitted on appeal or if a special law provides that the same shall not be stayed.
(b) Sentence of probation.— An appeal of a guilty sentence or the filing of a writ of certiorari shall not stay the effects of an order providing that the defendant is freed on probation. While the appeal or the writ of certiorari is pending, the sentencing court shall retain its authority to modify the conditions of the probation or to revoke the same.
History —Dec. 25, 1995, No. 251, § 4; Sept. 15, 2004, No. 317, § 17.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 198 - BOND APPEAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 198 - BOND APPEAL
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Except in the case of an offense involving imprisonment for ninety-nine (99) years, a defendant shall be admitted to bond after being convicted if he files a writ of appeal or certiorari before the Circuit Court of Appeals:
(a) As an issue of law, when a judgment appealed is imposing only a fine.
(b) As an issue of law, when a judgment is appealed imposing imprisonment for misdemeanors.
(c) At the discretion of the trial court or the Circuit Court of Appeals, in all other cases. No bond shall be admitted in the latter cases when the petition filed fails to raise a substantial issue or when the nature of the crime or the character and criminal record of the defendant makes the imprisonment of the defendant while the petition is pending advisable, in the judgment of the court and for the protection of society. No bond shall be admitted in these cases without first giving the prosecuting attorney of the corresponding part the opportunity to be heard. Except in truly urgent situations or when it would be impractical, the petition for bond shall be filed in first place with the sentencing court, and should it be denied, it may be filed with the Circuit Court of Appeals, together with copies of the petition filed with the sentencing court, stamped with the date and hour of its filing, and of the decision, as well as a transcript of the evidence, if any, and a brief report stating the grounds for which the resolution is deemed to be erroneous.
The Supreme Court may, in the exercise of its discretion, allow bail in writs of certiorari under its consideration, when the same has been denied by the Circuit Court of Appeals. No bail shall be admitted in the latter cases when the writ does not raise a substantial issue or when the nature of the crime or the character and penal background of the defendant make it advisable, in the judgment of the Court and for the protection of society, that the convict should remain imprisoned while the petition is pending hearing. No bail shall be admitted in these cases without first giving the Attorney General the opportunity to be heard. Except in truly urgent situations or when it would be impractical, the petition for bail shall be submitted in first place with the Circuit Court of Appeals, and if denied, it may be filed with the Supreme Court, together with copies of the petition to the Circuit Court of Appeals, stamped with the date and hour of its filing, and of the decision, as well as a transcript of the evidence, if any, and a brief report stating the grounds for which the resolution is deemed to be erroneous.
History —June 4, 1980, No. 103, p. 334, § 1; Dec. 25, 1995, No. 251, § 5, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 199 - RECORD ON APPEAL: ORIGINAL DOCUMENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 199 - RECORD ON APPEAL: ORIGINAL DOCUMENTS
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Except as otherwise provided herein, the appeals shall be heard upon examining the original documents in the record and on the statement or transcript of the oral evidence, which shall constitute the record on appeal.
History —Dec. 25, 1995, No. 251, § 6, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 200 - ORAL EVIDENCE: DESIGNATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 200 - ORAL EVIDENCE: DESIGNATION
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(a) When the appellant or petitioner deems that it is necessary for the Circuit Court of Appeals to examine a portion of the oral evidence produced before the Court of First Instance, in order to resolve an appeal or a writ of certiorari he/she shall submit one, or a combination of the following:
(1) Stipulated statement.
(2) Narrative statement.
(3) Transcript.
The narrative statement shall only proceed in absence of a stipulated statement. The transcript shall be in order only when the interested party proves to the Circuit Court of Appeals that it is not possible to prepare a narrative or stipulated statement, or that the narrative statement that was approved does not adequately expound the oral evidence, notwithstanding the objections or amendments filed in a timely manner before the Court of First Instance.
Notwithstanding the above, the Circuit Court of Appeals may order as an exception, on its own initiative and in the exercise of its discretion, the preparation of a narrative statement or a transcript of the oral evidence, or of a portion thereof.
(b) The statement of the evidence shall present the manner that the controversies pertinent to the appeal or certiorari arose and were resolved by the Court of First Instance. The statement shall include a report of the oral evidence presented before the Court of First Instance that is pertinent to substantiate the errors indicated in the appeal or writ of certiorari.
(c) The appellant or petitioning party, within ten (10) days after the writ of certiorari or bill of appeal has been served, shall summon the prosecutor to a meeting to prepare a stipulated statement.
(d) The stipulated statement of the oral evidence shall be filed with the Circuit Court of Appeals within thirty (30) days following the filing of the appeal or notice of the issue of the writ of certiorari. If a stipulation on the statement of the oral evidence is not achieved, the appellant or petitioning party shall report the dissent to the Circuit Court of Appeals, no later than thirty (30) days from the date that the writ of appeal was filed or notice of the issue of the writ of certiorari is served.
(e) The narrative statement shall be filed in the corresponding part of the Court of First Instance within the term of twenty (20) days from the date that notice is given of the dissent to prepare a stipulated statement. Under no circumstance shall a narrative statement be filed after the expiration of the fifty (50) day term of filing of the writ of appeal or the notice of the issue of the writ of certiorari, unless the Circuit Court of Appeals extends said term.
On the same day that the narrative statement is filed, the appellant or petitioning party shall serve this process, along with a copy of the narrative statement submitted to the prosecutor, the Attorney General and the Circuit Court of Appeals. The prosecutor shall present its objections to the narrative statement or propose amendments within the following ten (10) days. The objections or amendments shall be submitted to the Court of First Instance and shall be served on the Circuit Court of Appeals that same day.
(f) Once the terms provided in the above subsection have elapsed, the narrative statement, with the proposed objections and amendments, shall be submitted for approval by the Court of First Instance. If the Court of First Instance has not approved the narrative statement within thirty (30) days of its submission, and provided that no objections or amendments have been submitted pursuant to the above subsection, the narrative statement shall be deemed to be approved. If any objections or amendments are submitted, express approval of the narrative statement shall be necessary. When the express approval of the narrative statement is received, the clerk of the Court of First Instance shall serve notice by remitting an official copy to the Circuit Court of Appeals.
(g) The terms provided in this rule may be extended through a duly-grounded motion and for just cause. The appellant or petitioning party shall be responsible for complying with the terms and procedures provided in this rule and for serving notice on the Circuit Court of Appeals of any noncompliance or related inconvenience. Failure to comply with such responsibility shall bar the Circuit Court of appeals considering any statement of error of the Court of First Instance in the evaluation of the oral evidence, and may result in dismissal of the petition.
(h) In order to expedite the preparation of a narrative statement of the evidence, the legal counsels may use their own recordings, as authorized by the rules approved by the Supreme Court.
History —Dec. 25, 1995, No. 251, § 7, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 201 - ORAL EVIDENCE: TRANSCRIPT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 201 - ORAL EVIDENCE: TRANSCRIPT
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(a) The appellant or petitioner, or the Attorney General, may request the court, only as provided in Rule 200 of this appendix, to order the preparation of a transcript of the oral evidence or a portion thereof.
(b) To such effects, the proponent party shall file a motion before the Circuit Court of Appeals no later than thirty (30) days from the date the notice of appeal was filed or notice of the issue of the writ of certiorari was served. In said motion, the proponent party shall state the reasons why the transcript is deemed to be indispensable. If the proponent party is the appellant or petitioner, it shall also show why it is not possible to submit a stipulated or a narrative statement. In any case, the proponent shall identify in the motion, the pertinent portions of the record before the Court of First Instance of which a transcript is wanted, including the date of the testimony and the names of the witnesses.
(c) Once the transcript is ordered, the proponent shall request the Court of First Instance to re-record the proceedings. The motion to such effects shall be filed within ten (10) days following the service of the order of the Circuit Court of Appeals. Along with the motion, its proponent shall include the corresponding fees, pursuant to the rules approved by the Supreme Court.
(d) The re-recording shall be made pursuant to the terms and procedures established in the rules approved to such effects by the Supreme Court. Once the new re-recording has been concluded, the clerk of the Court of First Instance shall deliver the same to the proponent party and shall serve notice thereof on the other parties and on the Circuit Court of Appeals. In those cases in which a pro bono transcript is to be prepared pursuant to subsection (f) of this rule, it shall be done as provided in the rules approved by the Supreme Court.
(e) The transcript of oral evidence authorized by the Circuit Court of Appeals shall be made by the requesting party, at its own expense except as provided in subsection (f) of this rule, and within the term of thirty (30) days from the delivery of the rerecording. A private transcriber authorized under the rules approved by the Supreme Court of Puerto Rico, shall be used for this.
(f) When the proponent of the transcript is indigent or it is for the People of Puerto Rico, or when it is impossible to re-record the proceedings, the transcript shall be made pro bono by the officials of the Court of First Instance pursuant to the terms and procedures established in this rule and in the rules approved by the Supreme Court of Puerto Rico. Should it be necessary, the Chief Justice of the Supreme Court may authorize the contracting of authorized private transcribers to make these probono transcripts in one or more cases, pursuant to the parameters established in the rules approved by the Supreme Court.
(g) An index indicating the names and pages in which the statements of each one of the witnesses appear shall be included with every transcript. Furthermore, the transcript shall be certified by the authorized transcriber as a true and correct statement of the transcribed re-recording.
(h) The transcripts shall be prepared and filed with the Office of the Clerk of the Circuit Court of Appeals within the term ordered by said Court. It shall be the duty of the proponent party to supply copies of the transcript of the oral evidence to all of the other parties, within that same term. Said term shall be extended only for just cause and through a duly-grounded motion. If the transcriber fails to comply within the stated term, it shall be the duty of the proponent party to inform the Circuit Court of Appeals as soon as possible, in a diligent and expedient manner, and to seek other options to prepare the transcript within the term ordered by the Court.
History —Dec. 25, 1995, No. 251, § 8, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 203 - RECORD ON APPEAL; REMISSION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 203 - RECORD ON APPEAL; REMISSION
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After the bill of appeal, has been filed, and within the terms prescribed in Rule 210 of this appendix, the clerk of the respondent court shall remit to the Circuit Court of Appeals all the original documents of the proceeding subject to the appeal, except those whose omission has been agreed upon by the parties by written stipulation attached to the record. The clerk of the respondent court shall add a certificate to said documents which will identify then adequately.
History —Dec. 25, 1995, No. 251, § 10, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 204 - PRELIMINARY MOTION IN THE CIRCUIT COURT OF APPEALS: DOCUMENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 204 - PRELIMINARY MOTION IN THE CIRCUIT COURT OF APPEALS: DOCUMENTS
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If prior to the date on which the record on appeal is remitted to the Circuit Court of Appeals, the People wishes to file a motion to dismiss, or any of the parties files a motion petitioning any order it shall include with the motion copies of the documents in the original record of the Court of First Instance that are necessary for the Circuit Court of Appeals to resolve the motion.
History —Dec. 25, 1995, No. 251, § 11, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 205 - ORIGINAL WRITINGS AND PAPERS; PREPARATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 205 - ORIGINAL WRITINGS AND PAPERS; PREPARATION
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The original writings and papers shall be bound together in one or more volumes and the pages shall be consecutively numbered. A complete index shall be prepared in addition to or as part of the certificate of identification required by Rule 203.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 206 - RECORD ON APPEAL: CORRECTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 206 - RECORD ON APPEAL: CORRECTION
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It shall not be necessary for the record on appeal to be approved by the respondent court. But if any discrepancy should arise with regard to whether the record faithfully reflects what occurred in the respondent court, the matter shall be submitted to said court, which shall settle the issue and conform the record to the truth. If by mistake or accident, any part of the record which is important to any of the parties, is omitted or mis-stated, the parties, by stipulation, or the respondent court, before or after the record is transmitted to the Circuit Court of Appeals, or the Circuit Court of Appeals motu proprio, or by petition of a party, may order that the omission be furnished or the misstatement corrected, and if necessary, that a supplemental record be certified or forwarded by the clerk of the respondent court. Any other question regarding the content and form of the record shall be presented to the Circuit Court of Appeals.
History —Dec. 25, 1995, No. 251, § 12, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 207 - RECORD ON APPEAL; SEVERAL APPEALS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 207 - RECORD ON APPEAL; SEVERAL APPEALS
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Where there is more than one appeal from the judgment, taken by two (2) or more appellants, a single record shall be prepared containing all the matter designated or stipulated by the parties, without duplication.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 210 - RECORD ON APPEAL; FILING; EXTENSIONS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 210 - RECORD ON APPEAL; FILING; EXTENSIONS
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The record on appeal provided in Rules 199, 203, 205, 206 and 207 of this appendix shall be filed in the Circuit Court of Appeals within thirty (30) days from the date the bill of complaint is filed, except that when there is more than one complaint filed against the judgment by two or more appellant defendants, the respondent court shall fix the term for such filing, which in no case shall be less than the abovestated term. In all cases, the respondent court may, in the exercise of its discretion, with or without a motion or notice to such effects, may extend the term for filing the record on appeal for a term not greater than sixty (60) additional days. Any further extension shall only be granted for just cause, which shall be stated in the order to grant the extension. A copy of said order shall be served to the Circuit Court of Appeals.
History —Dec. 25, 1995, No. 251, § 14, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 211 - POWERS OF THE COURTS OF APPEALS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 211 - POWERS OF THE COURTS OF APPEALS
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In situations unforeseen by law, these rules or the rules approved by the Supreme Court, both the Supreme Court as well as the Circuit Court of Appeals shall indict the proceeding in the manner that in their judgment serves the best interests of all the parties.
The Supreme Court and the Circuit Court of Appeals reserves the power to waive terms, briefs or specific procedures in any case before their consideration, in order to achieve a more fair and efficient settlement.
History —Added on Dec. 25, 1995, No. 251, § 16, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 212 - DISMISSAL OF THE APPEAL OR CERTIORARI
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 212 - DISMISSAL OF THE APPEAL OR CERTIORARI
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The respondent party may request, by motion, the dismissal of an appeal or writ of certiorari on the following grounds:
(a) The Circuit Court of Appeals lacks jurisdiction to consider the appeal or certiorari;
(b) the appeal or certiorari has not been executed according to law and applicable rules;
(c) it has not been prosecuted with due diligence, or
(d) the appeal is frivolous or has been filed to delay the proceedings.
History —Dec. 25, 1995, No. 251, § 17, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 213 - DISPOSITION OF CASE ON APPEAL OR CERTIORARI
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 213 - DISPOSITION OF CASE ON APPEAL OR CERTIORARI
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The Circuit Court of Appeals may reverse, confirm or modify the appealed judgment, or may reduce the degree of the offense or the penalty imposed, or it may, if in order, acquit the defendant or order a new trial to be held. It may also annul, confirm or modify any or all proceedings subsequent to or dependent upon the resorted or appealed judgment.
The Supreme Court shall have the same powers in the writs of certiorari before it.
History —Dec. 25, 1995, No. 251, § 18, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 214 - REMISSION OF MANDATE AND REMAND OF THE RECORD ON APPEAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 214 - REMISSION OF MANDATE AND REMAND OF THE RECORD ON APPEAL
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Thirty (30) days after having entered the notice of judgment rendered in appeal or certiorari in the record, the complete record on appeal together with the mandate shall be remanded to the Court of First Instance, unless a motion for reconsideration or writ of certiorari before the Supreme Court has been granted or is pending resolution, or unless otherwise ordered by the Circuit Court of Appeals or by the Supreme Court. After the mandate is remitted, the Court of First Instance shall issue all other orders that are necessary for the execution of the judgment.
History —Dec. 25, 1995, No. 251, § 19, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 215 - PETITION FOR CERTIFICATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 215 - PETITION FOR CERTIFICATION
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In criminal cases the petition for certification shall be prosecuted pursuant to the proceedings provided in the Rules of Civil Procedure for the General Court of Justice.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 216 - RECONSIDERATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 216 - RECONSIDERATION
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The party that is adversely affected by a final resolution or judgment of the Circuit Court of Appeals may file a motion for reconsideration within the undeferrable term of fifteen (15) days from the date a copy of the notice of the resolution or judgment is filed in the record. The term to appeal to the Supreme Court shall start to count from the date a copy of the notice of the resolution or judgment of the Circuit Court of Appeals definitively resolving the motion for reconsideration is filed in the record.
History —Added on Dec. 25, 1995, No. 251, § 21, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 217 - REVIEW OF JUDGMENT PRONOUNCED ON APPEAL; TERM
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 217 - REVIEW OF JUDGMENT PRONOUNCED ON APPEAL; TERM
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The judgment pronounced on appeal or certiorari, or the final resolution dismissing the writ of certiorari issued by the Circuit Court of Appeals, may be reviewed by the Supreme Court through certiorari to be issued at its discretion, and not otherwise. The writ of certiorari shall be filed within thirty (30) days from filing the notice of the judgment or the resolution of a motion for reconsideration as provided in Rule 216 of this appendix, in the record. This term is jurisdictional.
History —Oct. 24, 1968; June 26, 1974, No. 91, Part 1, p. 315; § 2; Dec. 25, 1995, No. 251, § 22, eff. May 1, 1996.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 218 - BAIL AND CONDITIONS, WHEN REQUIRED; CRITERIA FOR SETTING; REVIEW OF AMOUNT OR CONDITIONS;...
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 218 - BAIL AND CONDITIONS, WHEN REQUIRED; CRITERIA FOR SETTING; REVIEW OF AMOUNT OR CONDITIONS; IN GENERAL
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(a) Right to bail; who shall set it; imposing of conditions.— Every person arrested for any offense shall be entitled to be released on bail or on a condition or combination of conditions imposed pursuant to subsection (c) of this rule until convicted. For the purpose of determining the amount of the corresponding bail and the imposition of the conditions deemed suitable and convenient, the court shall take into account the evaluation report and the recommendations of the Office of Pretrial Services pursuant to the provisions of §§ 1301 et seq. of Title 4. In the case of persons charged with any of the following felonies, as classified in the Puerto Rico Penal Code and other special laws, to wit: murder, aggravated robbery; aggravated arson; use of a minor for child pornography; intentional poisoning of waters for public use; sexual assault; kidnapping; aggravated kidnapping; child abduction; intentional child abuse, as provided for in Section 75 of Act No. 177, supra; § 2401, 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 § 2411a on the Introduction of Drugs in Schools and Institutions, all of Title 24; 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 on the Effacement or Mutilation of the Serial Number or the Name of the Owner of a Firearm, all of Title 25; 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”, and the circumstances listed in subsection (c) of this rule, pursuant to the procedure established therein, the court, in addition to setting the corresponding bail, shall impose the condition that the person charged be subject to electronic monitoring, and such other conditions provided in subsection (c) of this rule, as well as order his/her release on personal recognizance, in the custody of a third party, and on deferred bail. When bail is required in these cases, such bail may be admitted by any magistrate, except when probable cause for the arrest of the defendant is shown in absentia, in which case, the bail set by the magistrate may only be modified through a motion under Rule 218.
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. Any defendant who posts his/her bail in cash shall have five (5) business days from the time he/she was released on bail to submit a certification of the Department of the Treasury establishing that the surety is a bona fide taxpayer and has reported income that warrants the bail he/she intends to post. Should the proper certification not be submitted during the corresponding term, for causes attributable to the surety, the bail posted shall be returned, and the court shall verify whether the defendant has any other way of posting bond other than those prescribed in these Rules. Should the certification not be submitted within the term provided, for causes attributable to the Department of the Treasury, the term shall be extended until the Department of the Treasury submits the same. This additional term shall never exceed ten (10) days.
In those cases where the surety is unable to submit a bona fide taxpayer certification, but is able to prove that he/she has the money to post the bail, a hearing shall be held in which the defendant shall have the right to legal counsel and be heard regarding any other means he/she has to post the bail set.
(b) Setting the amount of bail.— In no case shall excessive bail be demanded. In setting the amount of the bail the circumstances related to the suitable guarantee for appearance of the person charged with the offense shall be considered, including:
(1) Nature and circumstances of the offense charged.
(2) Links of the accused with the community, among them his time of residence, his employment record and his family relations.
(3) The character, dangerousness and mental condition of the person charged of an offense. To such effects, the court may avail itself of the record of prior convictions or of any other information deemed creditable and that is pertinent to the matter.
(4) Economic means of the accused.
(5) Record of the accused on previous appearances and compliance with judicial orders.
(6) The evaluation, reports and recommendations made by the Office of Pretrial Services.
(c) Imposition of conditions.— Subject to the provisions of subsections (a), (b) and (c) Rule 6.1 of this appendix, one or more of the following conditions may be imposed:
(1) To remain under the responsibility of another person of acknowledged good repute in the community, or under the supervision of a probation officer or other official designated by the court. The court shall determine the degree and manner that the supervision shall be performed and the person acting as custodian shall be obliged to supervise him, produce him in court and report any violation of the conditions imposed.
(2) Not to commit any offense during the period he is free on bail or associate with persons who plan, intend to commit or commit delinquent acts.
(3) To keep his job, or if unemployed, to make efforts to obtain one.
(4) To meet specific requirements regarding his place of residence or going on trips.
(5) To avoid all contact with the alleged victim of the crime or with potential witnesses.
(6) Not to possess firearms or other deadly weapons.
(7) Not to consume liquor or narcotics or other controlled substances.
(8) To submit to medical or psychiatric treatment including treatment to prevent dependency on drugs or alcoholic beverages.
(9) Not to leave the place of residence, housing or neighborhood on specific days and hours to ensure his safety or that of other citizens.
(10) To turn over to the magistrate or to any other person designated by him his passport or any other document that established the defendant’s residence or citizenship.
(11) Whenever a vehicle rented from an accredited company is used in the commission of a crime, the magistrate shall order the accused to deposit a legal bond in a sufficient amount to cover the total appraised value of the vehicle in behalf of the Commonwealth of Puerto Rico, in the event that the seizure proceeds. In cases in which the seizure of the vehicle proceeds, the bond proceeds shall be covered into the special fund administered by the Seizures Board, as established in §§ 1723—1723o of this title.
(12) To meet any other reasonable condition imposed by the court.
The conditions imposed pursuant to this rule cannot be burdensome to the extent that their observance entails the temporary imprisonment of the defendant as if he/she were in a penal institution.
However, for those offenses listed in subsection (a) of this rule, the following restrictions are established:
(1) No bail with the benefit of paying ten percent (10%) in cash shall be set for the defendant.
(2) For these offenses, the court shall impose as an additional special condition for release on bail that the defendant be subject to electronic monitoring under the supervision of the Office of Pretrial Services.
(3) Bail may not be deferred.
(13) For offenses mentioned in subsection (a) of this rule, the court may impose the following additional conditions.
(A) Avoid all contact with the alleged victim of the crime or potential witnesses.
(B) Refrain from committing any offense whatsoever while on release or establishing any relationship with persons who plan, intend to commit, or commit delinquent acts.
(C) Not possess firearms or any other deadly weapon.
(D) Not consume alcoholic beverages or narcotics or any other controlled substance.
In those cases in which it is pertinent to impose the restrictions established in this rule, the judge shall hold an adversative hearing in which the dangerousness of the accused and the seriousness of the crime of which he/she is accused shall be evaluated, in order to determine if the conditions listed above can be imposed to guarantee his/her appearance and ensure public safety. In the hearing, the judge shall evaluate the following factors: (1) the characteristics and circumstances of the crime object of the accusation; (2) the history and characteristics of the accused, including his/her personality and mental condition, family ties, employment, financial resources, the time he/she has lived in the community, ties with the community, previous behavior, criminal history, and previous compliance with prior appearances; and (3) the danger that the release of the accused would represent for any person or the community.
During the hearing, the accused shall be entitled to be represented by an attorney. The determination of the judge may be reviewed by certiorari before the Court of Appeals.
(d) Review of conditions or of bail.—
(1) Before conviction.— A party may request review of the conditions or the bail set through a motion, solely before the Part of the Court of First Instance corresponding to the judicial district with competence to try the case. If the motion requests the extension of the conditions or the increase of bail, the magistrate who is to pass on the same shall stipulate conditions aimed at ensuring the appearance of the defendant, including summoning him to notify him of the resolution of the court with regard to the motion to review the conditions or bail. A motion to extend or limit the conditions or to increase or reduce bail shall be settled within twenty-four (24) hours following its filing, after a hearing with the prosecuting attorney and the defendant if it pleases them to appear after having been summoned.
(2) After conviction.— The court or judge who has imposed the conditions or set bail on appeal shall be empowered to extend or limit the conditions or to increase or reduce the amount of the bail when in his judgment the circumstances so warrant and after a hearing with the prosecuting attorney and the defendant, if it pleases them to appear after having been summoned.
(e) Order of release.— In any case in which a magistrate of a court imposes conditions or sets bail subject to the procedures established in this rule, he shall issue an order of release.
History —Feb. 8, 1966; July 23, 1974, No. 139, Part 1, p. 648, § 1; July 20, 1979, No. 177, p. 482, § 1; June 5, 1986, No. 39, p. 103, § 4; Aug. 13, 1994, No. 82, § 2; Dec. 24, 1995, No. 245, § 4; Aug. 28, 1996, No. 167, § 2; Mar. 13, 2003, No. 85, § 1; June 3, 2004, No. 133, § 6; June 3, 2004, No. 134, § 2; Dec. 22, 2009, No. 190, § 2; Dec. 27, 2011, No. 281, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-219/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 219 - BAIL; CONDITIONS; REQUIREMENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 219 - BAIL; CONDITIONS; REQUIREMENTS
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(a) Before conviction.— The conditions imposed and the bail furnished at any time before conviction shall insure the presence of the defendant before the magistrate or the corresponding court and his submission to all orders, summons and proceedings thereof, including the pronouncement and execution of sentence as well as the appearance of the defendant at the preliminary hearing in the appropriate cases, and which in its absence the sureties shall pay a specified amount of money to the Commonwealth of Puerto Rico.
(b) On appeal.— If defendant is admitted to bail after he has filed an appeal or petition for certiorari, the bail undertaking shall guarantee that the defendant, if the judgment is affirmed or modified, shall submit to the execution of the judgment and shall pay whatever costs may be imposed on him and as a consequence of his appeal; that if the judgment is reversed and the case is remanded for new trial, he shall appear before the court to which it is remanded and he shall submit to all orders, summons and proceedings of said court; that he shall not leave Puerto Rico without permission of the trial court and that in default thereof the sureties shall pay the Commonwealth of Puerto Rico a specific amount of money.
History —June 5, 1986, No. 39, p. 103, § 5.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 220 - BAIL; QUALIFICATIONS OF SURETIES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 220 - BAIL; QUALIFICATIONS OF SURETIES
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Every bond shall be signed or acknowledged before a magistrate or clerk, as the case may be, either by a company authorized to furnish bail in Puerto Rico; or by the Executive Director of the “Expedited Bail Project”, created by an Order issued by the District Court of the United States for the District of Puerto Rico on April 28, 1988, in the case of Carlos Morales Feliciano, et al. vs. Rafael Hernández Colón, et al., Civil Case No. 79-4 (PG), which for the purposes of this rule, shall be deemed to be a company authorized to furnish bail in Puerto Rico, specifically including, but without it being understood as a limitation, the authority to furnish surety or cash bail, including ten percent (10%) in cash of the total bail imposed whenever the judge or magistrate who imposes the bail, in the exercise of his/her discretion, deems it convenient or necessary to grant such benefit; be it by a surety, resident of Puerto Rico, who possesses real property in Puerto Rico not exempted from execution, for a value equal to the amount of bail, after having deducted any liens on said property, except that the magistrate or clerk before whom bond is furnished may allow more than one surety to bind themselves severally in lesser amounts, provided the total of the individual obligations is equal to twice (2) the amount of the bail. Wherever the term “sureties” is used in these rules, it shall be construed to read “surety or sureties”.
History —June 13, 1968, No. 84, p. 151; July 14, 1993, No. 24, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 221 - BAIL; SURETIES; JUSTIFICATION OF QUALIFICATIONS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 221 - BAIL; SURETIES; JUSTIFICATION OF QUALIFICATIONS
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Sureties not authorized to furnish bail in Puerto Rico must justify under oath taken before the magistrate granting bail, in all cases, that the assets offered as surety possess the qualifications provided in Rule 220. The magistrate shall examine the bondsmen under oath to determine if the property complies with the provisions of Rule 220 and shall draw up the minutes of the oral and documentary evidence offered.
In the event that bail is admitted with the securities offered, the court shall issue the corresponding writ, which shall be processed by the prosecutor, addressed to the property registrar in charge of the registration section in which the property offered as security is recorded, so that the lien imposed by the surety is recorded in the property registry and, consequently, shall have the same effects as a real mortgage right, although it shall not be necessary to appraise the property or properties for auctioning. The writ shall identify the property being encumbered and shall include all other information that could be necessary to achieve registration pursuant to the provisions of § 2001 et seq. of Title 30.
The registrar of deeds shall remit the registered surety document or any notice of defects found by mail. If the notice of registration indicates that the property does not meet the conditions of Rule 220, nor does it support the statements made under oath by the bailor, the prosecutor shall ask the court to revoke the bail and proceed according to law. When bail is cancelled, the court, by petition of the party, shall issue a new writ to the registry ordering that the lien be cancelled. The recording of bail shall be done by the property registrar free of charge.
History —July 9, 1986, No. 83, p. 266, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 222 - BAIL; DEPOSIT INSTEAD OF BAIL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 222 - BAIL; DEPOSIT INSTEAD OF BAIL
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The defendant may deposit the amount of bail in cash, instead of giving bail, and the deposit thus made shall guarantee compliance with the conditions stated in Rule 219 and the payment of costs and of any fine that might be imposed. The officer who accepts the deposit shall issue a certificate thereof and the defendant, upon delivering to the office in whose custody he is the order of his release, must be discharged from custody.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 223 - BAIL; SUBSTITUTION OF DEPOSIT FOR BAIL AND VICE VERSA
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 223 - BAIL; SUBSTITUTION OF DEPOSIT FOR BAIL AND VICE VERSA
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The deposit may be substituted by an undertaking and vice versa with the approval of the court, provided none of the conditions guaranteed is violated.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-224/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 224 - BAIL; SURETIES; EXONERATION BY SURRENDER OF THE DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 224 - BAIL; SURETIES; EXONERATION BY SURRENDER OF THE DEFENDANT
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Provided none of the conditions of the bond is breached, any surety may, in order to be exonerated, surrender the defendant, or the latter may surrender himself to the officer in whose custody he was committed at the time of giving bail, or might have been committed if none had been furnished, in the following manner:
(a) A certified copy of the undertaking of the bail or certificate of deposit must be delivered to the corresponding officer, who must detain the defendant in his custody as upon a commitment and he shall issue a certificate acknowledging the surrender.
(b) The officer shall send the certified copy of the bail and the certificate of surrender of the defendant to the court in which the action is pending and the court may, upon notice to the prosecuting attorney, to whom a copy of the undertaking and certificate shall be sent, order that the bail be exonerated or return the deposit.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 225 - BAIL; SURETIES; EXONERATION BY SURRENDER; ARREST OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 225 - BAIL; SURETIES; EXONERATION BY SURRENDER; ARREST OF DEFENDANT
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For the purpose of surrendering the defendant, the sureties, at any time before they are finally discharged, and at any place within the territory of the Commonwealth of Puerto Rico, may themselves arrest him or by a written authority indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 226 - BAIL; FORFEITURE OF COSTS OR FINE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 226 - BAIL; FORFEITURE OF COSTS OR FINE
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Upon expiration of the term to appeal from a judgment imposing a fine, or a fine and costs on the defendant, or after five (5) days have elapsed from the receipt of the mandate affirming said judgment, the trial court in the event that the deposit mentioned in Rule 222 has been made, shall enter judgment ordering the forfeiture of the deposit up to the amount necessary to satisfy the payment of all the costs imposed including those on appeal, if any, and it may further direct the clerk to apply the necessary amount in satisfaction of the fine imposed. In the event that bail was furnished, the trial court may enter judgment directing the sureties to pay the costs, if they should not have been paid.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-227/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 227 - BAIL; PROCEEDING FOR ITS FORFEITURE; FAILURE TO COMPLY WITH CONDITIONS; DETENTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 227 - BAIL; PROCEEDING FOR ITS FORFEITURE; FAILURE TO COMPLY WITH CONDITIONS; DETENTION
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(a) Bail; forfeiture.— If the defendant fails to comply with any of the conditions of the bail, the court taking cognizance of the offense shall order the sureties or the depositor to show cause why the bail or deposit should not be forfeited. The order shall be served personally or sent by registered mail to the known address of the surety or their representatives, agents or attorneys in fact or the depositor. In cases that the surety has a representative, agent or attorney in fact, due service of notice to the latter shall have the same effect as a notice to the surety.
If the sureties or depositor satisfactorily explain the noncompliance on which the order is based, the court may vacate it under the conditions it deems proper.
If there is no satisfactory explanation intervening for such noncompliance, the court shall proceed to enter a summary judgment against the sureties or the depositor, forfeiting the amount of bail or deposit, but it shall not become final and enforceable until forty (40) days after notice thereof. If the surety should take the defendant to the presence of the court within that period, it will set aside said judgment.
Once the previously prescribed period has elapsed, and in the absence of the death, physical or mental illness of the bailee occurring before the date the judgment was entered ordering forfeiture of bail, the surety will answer for the failure to appear by the defendant with its bail.
Once a judgment directing the forfeiture of bail or deposit becomes final and enforceable, the clerk of the court, without further orders, shall immediately remit a certified copy of said judgment to the Secretary of Justice so that he may proceed with its execution pursuant to Rule 51 of the Rules of Civil Procedure for the General Court of Justice, App. III of Title 32, and shall likewise send the deposit in his possession to the Secretary of the Treasury.
Provided, That the court may vacate the judgment of forfeiture at its discretion, at any time prior its execution provided the following circumstances prevail:
(1) That the sureties may have presented the defendant before the court.
(2) That the court verifies to its satisfaction the above fact.
Application to vacate the judgment shall be made through a motion which shall be filed within a reasonable time, but in no case after six (6) months from the time the judgment or order was entered have elapsed. A motion to such ends shall not affect the purpose of a judgment nor shall it stop its effects.
(b) Noncompliance of conditions; detention.— If in lieu of bail or in addition thereto the magistrate has established any condition to remain free on bail and said condition is not complied with, it shall be an offense under §§ 2001 et seq of Title 33. The court with competence to try the case shall proceed to order the arrest of the defendant. The court may render ineffective a condition imposed and in lieu thereof may require furnishing of bail, forfeiture of bail or the deposit furnished pursuant to the provisions of this rule may require that the total amount of the bond be furnished or increase the amount thereof.
History —June 18, 1965, No. 52, p. 95, § 1; May 26, 1967, No. 67, p. 260, § 1; June 5, 1986, No. 39, p. 103, § 6; July 1, 1988, No. 55, p. 260, § 1, eff. 90 days after July 1, 1988.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 228 - CONDITIONS; BAIL; ARREST OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 228 - CONDITIONS; BAIL; ARREST OF DEFENDANT
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The arrest of the defendant on whom conditions have been imposed, or who has furnished bail or deposit shall be ordered in the following cases:
(a) When there has been a breach of any of the conditions imposed, or of the conditions of the undertaking or deposit.
(b) When his bailors, or either of them are dead or insufficient, or have moved from Puerto Rico.
(c) When additional conditions have been imposed, or the amount of bail has been increased.
(d) When the order granting conditional freedom or bail on appeal to the Supreme Court has been set aside.
If the order decreeing the arrest is entered upon such terms that the defendant should have to submit to new conditions or should have the right to furnish a new bond under these rules, the new conditions or the amount of the new bond as the case may be shall be fixed in said order. The order shall state the grounds for the arrest; it shall provide that any marshall, policeman or other authorized official to whose custody he would have been remanded if no conditions had been imposed or no bail had been originally furnished, until he is legally released from jail.
History —June 5, 1986, No. 39, p. 103, § 7.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 229 - SEARCH WARRANT AND INTERNAL REVENUE AGENT DEFINED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 229 - SEARCH WARRANT AND INTERNAL REVENUE AGENT DEFINED
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A search warrant is an order issued in the name of The People of Puerto Rico, signed by a magistrate, and directed to a peace officer, internal revenue agent or income tax inspector, within the functions of his office, commanding him to search and seize certain personal property and bring it before the magistrate. The term “internal revenue agent” as used in these rules, does not include internal revenue collectors and assessors, even though some act may confer on internal revenue collectors and assessors the same powers that internal revenue agents have.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 230 - SEARCH WARRANT; GROUNDS FOR ISSUANCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 230 - SEARCH WARRANT; GROUNDS FOR ISSUANCE
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A search warrant may be issued to search or seize property:
(a) Stolen, embezzled or obtained by extortion.
(b) Which has been, is or is intended to be used as a means to commit an offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-231/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 231 - SEARCH WARRANT; REQUISITES FOR ISSUANCE; FORM AND CONTENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 231 - SEARCH WARRANT; REQUISITES FOR ISSUANCE; FORM AND CONTENTS
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A search warrant shall not be issued except upon a written statement, made before a magistrate under oath or affirmation, which shall set forth the facts tending to establish the grounds for the issuance. If from the affidavit and the examination of the affiant, the magistrate is satisfied that there is probable cause for the search, he shall issue the warrant, naming or describing particularly the person or place to be searched and the things or property to be seized. The warrant shall state the grounds for its issuance and the names of the persons on whose affidavits the warrant is based. It shall order the officer to whom it is directed to forthwith search the person or place named for the property specified, and to make a return of the service of the warrant to the magistrate, together with the property seized. The warrant shall direct that it be served in the daytime, but the magistrate, by reason of necessity and urgency, may direct that it be served at any time of the day or night.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-232/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 232 - SEARCH WARRANT; EXECUTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 232 - SEARCH WARRANT; EXECUTION
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The search warrant shall be executed and returned, only within ten (10) days of its issuance. The officer executing it shall give to the person from whom the property was taken, or in whose possession it was found, a copy of the warrant and a receipt for the property taken, or shall leave such copy and receipt at the place from which the property was taken. The return shall be accompanied by a written inventory of any property taken which shall be made in the presence of both the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present; and if any of them is not present, in the presence of at least one creditable person. The inventory shall be verified by the officer. The magistrate shall, upon request, deliver a copy of the inventory to the applicant for the warrant or to the person from whom the property was taken.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-233/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 233 - SEARCH WARRANT; RETURN
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 233 - SEARCH WARRANT; RETURN
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A magistrate to whom a search warrant is returned after execution, shall attach thereto a copy of the return, the inventory, the affidavits and any other existing documents related thereto and the property taken, and he shall forthwith remit them all to the court having power to inquire into the offense in respect to which the search warrant was issued.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-234/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 234 - SEARCH; MOTION TO SUPPRESS EVIDENCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 234 - SEARCH; MOTION TO SUPPRESS EVIDENCE
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Any person aggrieved by an illegal search, may request the court referred to in Rule 233, to suppress the evidence obtained by virtue of said search thereunder, or to return the property, on any of the following grounds:
(a) That the property was illegally taken without a search warrant.
(b) That the search warrant is insufficient on its face.
(c) That the property seized or the person or place searched is not that described in the search warrant.
(d) That there was no probable cause for believing the existence of the grounds on which the warrant was issued.
(e) That the warrant was issued or executed illegally.
(f) That any of the affidavits supporting the issuance of the search warrant is insufficient because what had been affirmed under oath in the deposition is totally or partially false.
The motion to suppress evidence shall state the specific facts or reasons that support the ground or grounds upon which it is based. The court shall entertain evidence about any question of fact needed to resolve the request and it shall hold an evidentiary hearing before a magistrate other than the one who shall hear the trial, when dealing with evidence seized with a warrant and the plaintiff shows that a substantial controversy of facts that makes the holding of a hearing necessary; in the absence of such demonstration, the court may rule a motion without prior hearing, on the grounds of the documents presented by the parties.
The court shall be bound to hold an evidentiary hearing prior to the trial and before a magistrate other than the one who will hear the trial when dealing with evidence seized without a warrant if in the request the plaintiff alleges facts or grounds that show that the search or seizure is illegal or unreasonable. The prosecutor shall be bound to contest the presumption of illegality of the search or seizure and shall establish the elements to support the exception corresponding to the requirement of a warrant.
If the motion is allowed, the property shall be returned if there are no legal grounds to prevent it, and will not be admissible as evidence at any hearing or trial. The prosecutor shall be notified of the motion and it shall be presented five (5) days prior to the trial, unless the existence of just cause for not presenting it within said term is demonstrated or the grounds for the suppression are unknown to the defendant or the illegality in obtaining the evidence arises from the evidence of the prosecutor.
History —July 5, 1988, No. 65, p. 292, § 8; June 1, 2007, No. 44, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-235/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 235 - WITNESSES; WHO MAY ISSUE SUBPOENA
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 235 - WITNESSES; WHO MAY ISSUE SUBPOENA
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A subpoena for the appearance of witnesses and their examination under oath may be issued by any magistrate for the investigation of an offense or for a preliminary hearing. When the prosecutor, in those cases and under the conditions allowed by these rules, provides the court with the name and address of the accused person or witnesses this shall be understood to be a request for a subpoena, whether it be to determine cause for the trial or for any procedure pending a hearing. In these cases, the court must promptly issue or order the clerk of the court to issue the corresponding subpoena or subpoenas which shall be served by the court’s marshalIs or their delegates.
A judge of any court may issue or order the clerk to issue a subpoena for the appearance of any witness in court for the taking of depositions or for any hearing. The clerk of the court, upon application of the defendant, may issue subpoenas without charge for the same purposes.
Any prosecuting attorney may issue a subpoena for the appearance of witnesses and their examination under oath for the investigation of an offense. If a witness does not obey the subpoena, the court, at the request of the prosecuting attorney, shall issue an order for his appearance before said official on the date and the time indicated under penalty of contempt.
History —July 9, 1986, No. 80, p. 259, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-236/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 236 - WITNESSES; SERVICE OF SUBPOENA
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 236 - WITNESSES; SERVICE OF SUBPOENA
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A subpoena may be served by any person, but a peace officer must serve in his district any subpoena delivered to him for service, either on the part of The People or the defendant. Service of a subpoena is made by showing the original to the witness personally and delivering a copy thereof to him or sending it by mail to his last address, with return receipt. The person serving a subpoena must make a written return of the service, stating the time and place of service. In case where service is made by mail he must also include the return receipt.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-237/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 237 - WITNESSES; ADVANCE PAYMENT OF EXPENSES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 237 - WITNESSES; ADVANCE PAYMENT OF EXPENSES
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When a person, by virtue of a subpoena, attends before a judge or a court as a witness for The People or for the defense and is poor and unable to pay the expenses of such attendance, the court, in its discretion, may direct the clerk of the court to pay the witness a reasonable sum, which shall not exceed the per diem assigned to him and which shall be charged against his per diem. The order of the court shall be in writing, but it may be issued in open court, in which case it shall be entered in the minutes.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-238/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 238 - WITNESSES; ARREST AND BAIL TO GUARANTEE APPEARANCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 238 - WITNESSES; ARREST AND BAIL TO GUARANTEE APPEARANCE
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If any of the parties shows, by affidavit, that there is a reasonable fear that any of the witnesses in a criminal action will fail to appear unless a bond is furnished, the judge acting in the preliminary investigation, or the court having jurisdiction of the case, shall order the witness to give bail in any amount he deems sufficient, and for failure to give bail, he shall order his arrest until the witness does so, or his deposition is taken. The bail undertaking shall meet the requirements fixed in these rules for defendant’s bail, and it will guarantee the witness’ attendance in any part of the court where the trial or trials are to be held, or at the preliminary hearing, on the date for which he was subpoenaed. If after being duly summoned, the witness fails to appear, the undertaking shall be forfeited in the same manner as undertakings of bail.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-239/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 239 - MENTAL CAPACITY OF DEFENDANT BEFORE TRIAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 239 - MENTAL CAPACITY OF DEFENDANT BEFORE TRIAL
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No person can be tried, convicted or punished for an offense while he is mentally incompetent.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-240/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 240 - MENTAL COMPETENCY OF THE DEFENDANT; DETERMINATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 240 - MENTAL COMPETENCY OF THE DEFENDANT; DETERMINATION
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(a) Hearing; experts.— At any time after the indictment or complaint is filed and before judgment is rendered, if the court has evidence, in addition to the opinion of the legal representation of the defendant, establishing by a preponderance of evidence that the defendant is mentally incompetent, it shall detail in writing the grounds for said determination, order the stay of the proceedings and schedule a hearing to determine defendant’s mental competency. Once this hearing has been scheduled, the court shall designate one or several experts to examine the defendant and to determine his/her mental condition. Any other pertinent evidence presented by the parties shall be introduced at the hearing. In these cases, the legal representation of the defendant shall file with the court a motion informing its intention to request the stay of the proceedings on an insanity defense, which shall enclose expert evidence of the defendant’s mental incompetence, within not less than three (3) days before the date set for the hearing in question.
(b) Effects of the finding.— If as a result of the evidence the court determines that the defendant is mentally able, the trial must proceed. If the court determines the contrary, it may order that the defendant be committed to an adequate institution. If after defendant is so committed, the court has reasonable grounds for believing that the mental condition of the defendant allows for the trial to proceed, it shall summon for a new hearing which shall be held pursuant to the provisions of subsection (a) of this rule, and it shall then determine whether the trial must proceed.
(c) Sureties; deposit.— If the court orders that the defendant be committed to an institution, as provided in subsection (b) of this rule, his sureties shall be exonerated and if a deposit has been furnished in conformance with Rule 222, it shall be returned to the person establishing authority to receive it.
(d) Proceeding in the preliminary hearing.— If the magistrate before whom a preliminary hearing is to be held has evidence, in addition to the opinion of the legal representation of the defendant, asserting by a preponderance of evidence that the defendant is mentally incompetent, he/she shall state in writing the grounds for said determination, suspend said hearing, and draft a brief memorandum to such effect, which he/she shall forthwith send together with other documents of the record to the clerk of the corresponding part of the Court of First Instance wherein a hearing shall be held pursuant to the provisions of subsection (a) of this rule. In these cases, the legal representation of the defendant shall file with the court a motion informing its intention to request the stay of the proceedings on an insanity defense, which shall enclose expert evidence of the defendant’s mental incompetence, within not less than three (3) days before the date set for the preliminary hearing. If the court determines that the defendant is mentally competent, it shall remand the record to the judge or court of origin, with its decision, and the proceedings of the preliminary hearing shall resume until its termination. If the court determines otherwise, it shall proceed pursuant to the provisions of subsection (b) of this rule, only with respect to the preliminary hearing.
History Dec. 27, 2011, No. 281, —Dec. 27, 2011, No. 281, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-241/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 241 - PROCEDURE FOR THE IMPOSITION OF SECURITY MEASURES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 241 - PROCEDURE FOR THE IMPOSITION OF SECURITY MEASURES
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Whenever a defendant is acquitted, or no probable cause is found at the preliminary hearing, or it is determined that the defendant is permanently incompetent to stand trial or cannot be prosecuted by reason of his/her mental incompetence, the court shall keep jurisdiction over said person and may order him/her to be admitted to an adequate institution for treatment if, in its discretion, it determines that said person poses a serious threat to society, according to the evidence presented, and that the person shall benefit from said treatment.
In the event institutionalization is ordered, the duration thereof shall be contingent on the required time to guarantee the security of the society and the welfare of the person institutionalized. In all cases, the persons in charge of the treatment shall be required to report on a quarterly basis the progress of the case to the court.
(a) Psychiatric or psychological examination.— Upon request by the prosecutor, or on its own initiative, the court shall designate a psychiatrist or psychologist, or both, to examine the person and submit a report on his mental state. The examination shall have the sole purpose of assisting the court in the determination regarding the commitment of the person. The examination shall be carried out, and a report shall be submitted to the court, with a copy to the prosecutor and the defense, within thirty (30) days following the ruling or sentence. The court may extend the term for just cause, but never for a period greater than ten (10) additional days.
In addition to the psychiatric and/or psychological report, the pertinent social report prepared by a probation officer must also be submitted.
(b) Temporary custody.— While the procedure provided by this rule is substantiated, the court may direct that the person be placed in the custody of an adequate institution.
(c) Hearing.— Once the parties to the report have been served, if no objections are presented thereto within a term of five (5) days from its notice, the court shall proceed to arrive at a determination based on said reports. If objections are presented within such term, the court shall schedule a hearing within the next five (5) days. The authors of any of the reports shall be called to testify upon petition of a party. The party objecting to the report shall have the right to cross-examine the authors of the reports and to offer any other evidence that is pertinent to the controversy.
The person may request to be examined by professionals of his choice, so that they, in turn, can submit their report to the court. If the accused proves he is insolvent the examinations shall be paid by the State.
The Rules of Evidence shall be applicable to this procedure, and the person shall have the right to be represented by counsel.
(d) Application of the security measures.— If the court determines according to the evidence introduced that the person is a risk to society because of his/her dangerous nature or that the person shall benefit from said treatment, it shall pronounce a sentence imposing the security measures and directing that the person be confined for treatment at a suitable institution.
Said confinement may be prolonged for the time actually required to insure the safety of society and the welfare of the confined person, subject to the provisions of § 4719 of Title 33.
In these cases it shall be the duty of the persons in charge of the treatment to submit quarterly reports to the court on the development of the case.
If the court determines not to impose security measures, it shall direct that the person be released, if he is confined.
(e) Periodic revision.— Each year, the court shall rule, after a hearing on its merits, as to the continuation, modification or termination of the security measure imposed, without prejudice to do so at any time in which the circumstances warrant it, or by petition of the person under whose custody he has been committed.
If the court can reasonably infer from the favorable results of the treatment that the person’s recovery and readaptation can continue under supervision in the community without his being confined, it may grant it.
(f) Reports.— For purposes of the periodic revision of the security measure, the court shall have a report of a psychiatrist or a psychologist, or both. These reports shall be governed by the rules of subsection (c) of this rule.
(g) Notice of the continuation, modification or termination of the security measure.— Any ruling of the court with regard to the security measure imposed shall be served to the concerned parties and institutions.
(h) Official record.— An official record shall be kept of all the proceedings established herein for the application, continuation, modification or termination of the security measure.
(i) The proceeding provided in this Rule shall apply equally to the preliminary hearing established under Rule 23 of Criminal Procedure, when the finding of no cause is due to mental incompetence, or when the defendant is held mentally incompetent to stand trial and the Prosecuting Attorney determines not to appeal, or if appealed, the finding of no cause is upheld for the same grounds.
History —Added on July 5, 1985, No. 61, p. 215; Sept. 15, 2004, No. 317, § 18; Dec. 27, 2011, No. 281, § 8.
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