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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-123/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 123 - PEREMPTORY CHALLENGES; NUMBER
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 123 - PEREMPTORY CHALLENGES; NUMBER
In every suit where the crime is necessarily punishable by ninety-nine (99) years or for life imprisonment, the defendant and the People be shall entitled to ten (10) peremptory challenges each. In all other cases, the defendant and the People shall be entitled to seven (7) peremptory challenges each. Once a peremptory challenge is made against a juror, he must be excluded and may not act in the [case]. History —May 27, 1980, No. 60; Dec. 19, 2002, No. 280, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-124/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 124 - PEREMPTORY CHALLENGES; SEVERAL DEFENDANTS
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 124 - PEREMPTORY CHALLENGES; SEVERAL DEFENDANTS
When several defendants are brought to trial jointly they may take the number of peremptory challenges specified in Rule 123 collectively and each defendant may, in addition, take two (2) more peremptory challenges separately. In that event the prosecuting attorney is also entitled to an additional number of peremptory challenges equal to the total number of additional challenges specified by this rule for all the defendants.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-125/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 125 - JURORS; FINAL OATH
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 125 - JURORS; FINAL OATH
The judge or clerk of the court shall orally administer to the impanelled jury the following oath: “You, and each of you, do solemnly swear that you will well and truly try the cause now pending before the court, and a true verdict render according to the evidence, so help you God.”
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-126/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 126 - ALTERNATE JURORS; REQUIREMENTS; CHALLENGES; OATH
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 126 - ALTERNATE JURORS; REQUIREMENTS; CHALLENGES; OATH
When the court deems it convenient it may order, immediately after the jury has been sworn, that one or more jurors be called as alternate jurors. The alternate jurors shall have the same qualifications, shall be subject to the same examinations and challenges as the regular jurors. Each side shall be entitled to one peremptory challenge against said alternate jurors. Alternate jurors shall take the same oath as the regular jurors and shall be considered for all purposes as members of the jury until discharged by the court.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-127/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 127 - ALTERNATE JURORS; WHEN THEY WILL ACT
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 127 - ALTERNATE JURORS; WHEN THEY WILL ACT
If at any time before the ease is finally submitted to the jury, one of the regular jurors should die or become ill in such manner as to be unable to perform his duties, or if for just cause he is excused, the court shall direct his substitution by the alternate juror, if only one. If there should be more than one juror, the alternate shall be drawn by lot. When the ease is submitted to the jury the court shall excuse the alternate jurors who have not been used.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-128/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 128 - TRIAL; ORDER OF EVIDENCE
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 128 - TRIAL; ORDER OF EVIDENCE
The clerk shall read the information to the jury, and state the plea of the defendant. If it charges a previous conviction and the defendant has confessed the same, the clerk shall omit therefrom all that relates to said conviction. The prosecuting attorney shall open the case stating orally to the jury or to the court, as the case may be, the nature of the offense which he expects to prove, the circumstances under which the crime was committed, the proofs which he expects to produce for upholding his charge or complaint, and shall gather and offer his evidence in support of said information or complaint. The defendant shall then set forth in a concise manner the proofs for his defense and shall offer and produce his evidence in support thereof. The prosecuting attorney and the defendant may then, in that order, offer rebutting testimony only against the evidence originally offered, unless the court, for good reason and in furtherance of justice, shall permit them to offer evidence upon their original case.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-129/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 129 - WITNESSES; EXCLUSION AND SEPARATION
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 129 - WITNESSES; EXCLUSION AND SEPARATION
While a witness is under examination, the court may exclude all witnesses who have not been examined. It may also order the witnesses to be kept separate, and to be prevented from conversing among themselves until they are examined.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-130/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 130 - PRISONERS; ATTENDANCE
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 130 - PRISONERS; ATTENDANCE
Whenever it is necessary that a person confined in the penitentiary or in a jail appear in court as witness of either party or for any other purpose, the court may issue a warrant to that effect which shall be executed by the marshal.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-131/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 131 - Witnesses; evidence; public trials; exclusion of public
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 131 - Witnesses; evidence; public trials; exclusion of public
Unless otherwise provided by law and by these rules, the testimony of a witness in all trials shall be oral and in open court, and admissibility of evidence and competency and privileges of witnesses shall be governed by the provisions of the Rules of Evidence of Puerto Rico. In suits for incest, sexual assault, lewd, or indecent acts and in indecent exposure or the attempt thereof, or during the testimony of victims of incidents of domestic violence set forth in §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, the court may exclude the public from the courtroom during the injured person’s testimony, admitting only those persons who have a legitimate interest in the case, such as court officials and the party’s lawyers and relatives. Prior to the order of exclusion, the court shall hold a private hearing to determine if the injured person needs this protection during his or her testimony. History —June 22, 1978, No. 65, p. 201; Oct. 18, 2011, No. 206, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-131-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 131.1 - TESTIMONY OF THE VICTIM IN THE PROSECUTION OF CRIMES AGAINST MINORS THROUGH THE ONE-WAY...
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 131.1 - TESTIMONY OF THE VICTIM IN THE PROSECUTION OF CRIMES AGAINST MINORS THROUGH THE ONE-WAY, CLOSED-CIRCUIT TELEVISION SYSTEM OF THE VICTIM OR WITNESS WHO IS A MINOR OR OVER EIGHTEEN YEARS OF AGE WHO SUFFERS FROM A DISABILITY OR MENTAL RETARDATION
Under specific conditions and circumstances, the interrogation of the underage victim or witness may be conducted according to the procedure established herein. Provided, That for the purposes of this rule and Rules 131.2 and 131.3 of this appendix, the term “minor” shall mean any person who has not attained the age of eighteen years and any person over eighteen (18) years of age who suffers from a disability or mental retardation which has been previously judicially determined or established through expert evidence or by stipulation of the parties. (1) Conditions.— The court may order, motu proprio, or at the request of the prosecution, or of the witness or victim who is a minor, that the latter can testify outside the courtroom during the proceeding through the use of a one or two-way closed circuit television system, if the following conditions concur: (a) The minor offers testimony during the judicial process, and (b) the judge has previously determined during the proceeding that, due to the presence of the defendant, it is likely that the minor, although competent to testify, would suffer grave emotional distress, which would prevent him/her to communicate effectively, and (c) at the time of testifying, the minor is under oath or affirmation, and has been duly admonished. (2) Persons that may be present in the place where the minor gives testimony.— Only the persons listed hereinbelow shall be admitted to the place where the minor gives testimony: (a) The prosecutor in charge of the case; (b) the defense attorney; (c) the closed-circuit equipment operators; (d) any support personnel, as this term is defined in Rule 131.3 of this appendix, to be determined by the court. The judge, the defendant, the jury, and the public shall remain in the courtroom while the minor testifies through the one or two-way, closed-circuit system. The defendant and the judge shall be allowed to communicate with the persons present in the place where the minor is testifying by using the electronic equipment suited for those purposes. The defendant will be able to simultaneously observe and hear the minor testify, but the minor shall not be able to see the defendant, except when a two-way system is authorized. Only the prosecutor in charge of the case, the defense attorney, and the judge may interrogate the minor during his/her testimony. (3) Determination of need.— To determine whether it is likely that the minor could suffer grave emotional distress that could prevent him/her from communicating effectively if he/she has to testify before the defendant, the judge may observe and interrogate the minor in or outside the court, and also hear the testimony of the parents, guardians, custodians, tutor, or guardian ad litem of the minor, and any other person who, in the discretion of the judge, contributes to the welfare of the minor, including the person or persons who have interacted with the minor in a therapeutic environment, due to the nature of the crime. (a) The defendant, the defense attorney, and the prosecutor in charge of the case shall be entitled to be present when the judge hears testimony to determine whether he/she authorizes the victim who is a minor, to testify outside of the courtroom where trial is being held, by means of the one or two-way, closed-circuit system. (b) If the judge decides to observe or interrogate the injured minor, in order to make the determination provided in clause (a) of this section, the defense attorney and the prosecutor in charge of the case shall be present (4) Applicability.— The provisions contained in this rule shall not apply when the defendant appears pro se. (5) Identification of the defendant.— For the victim to identify the defendant, both shall be required to appear in the courtroom after the minor has testified. History —Added on Mar. 16, 1995, No. 31, § 1; Aug. 15, 1998, No. 247, § 1, eff. 30 days after Aug. 15, 1998.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-131-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 131.2 - RECORDING OF DEPOSITION ON VIDEO TAPE
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 131.2 - RECORDING OF DEPOSITION ON VIDEO TAPE
In every procedure involving a crime committed against a minor or in which the minor is a witness, the Prosecutor, the guardian ad litem of the minor, parents, legal tutor or custodian of the minor may request the court, before the trial, to order that the testimony of the minor be given through a deposition and that the same is recorded and preserved in any reliable recording system according to the following rules: (1) The court shall evaluate the petition and shall make a preliminary determination regarding the availability of the minor to testify in open court and in the presence of the defendant, the judge and the jury, taking into consideration the following circumstances: (a) That the minor feels fearful or intimidated. (b) That through an expert testimony, it has been established that his/her testimony in open court would cause an emotional trauma to the minor. (c) That the minor suffers a mental disability or disease or impairment. In the case of persons over eighteen (18) years of age, the disability or impairment must be previously determined judicially, or shall be established through expert testimony or by stipulation between the parties. (d) That it has been proven that the defendant or his/her lawyer have incurred in a conduct that prevents the minor from continuing his testimony. When the court finds that it is impossible for the minor to continue testifying in open court for any of the circumstances listed, it shall order that the deposition of the testimony of the minor be taken and recorded on a video tape. If the preliminary determination of the inability to testify is based on the provisions of clause (a) of this subsection and the evidence shows that the minor is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant who has assumed his own defense (pro se), shall be removed from the place where the deposition is being taken. In this case, provisions shall be made for the installation of a one or two-way closed circuit television system, which allows the defendant to observe the minor and communicate with his/her legal representative in private and while the deposition is being taken. (2) The judge shall preside over the deposition of the minor, who shall declare under oath or affirmation after due admonishments, and shall adjudicate any questions set forth or objections raised during the taking thereof. Only the following persons shall be present during the deposition: (a) The prosecutor. (b) The defense attorney. (c) The minor’s attorney or his/her legal guardian. (d) The operators of the recording equipment. (e) The defendant, except when disqualified under the provisions of subsection (1)(d) of this rule. (f) Any other support personnel, as the term is defined in Rule 131.3 of this appendix, whose presence contributes to the welfare of the minor, as determined by the court. (g) Officers of the court responsible for security. The constitutional rights of the defendant shall be guaranteed, including the right to legal counsel, to cross examine the witnesses for the prosecution and the right to cross examine the minor. (3) A complete record of the examination of the minor shall be kept, including the images and voices of all persons who participated in the examination, which shall be preserved on any reliable recording system, in addition to being reproduced on a double video tape sound recorder or other digital recording means. The recording shall be delivered to the Clerk of the Court in which the case is being seen and shall be available for examination by the parties during working hours. (4) If when the trial begins, the court determines that the minor is unable to testify for any of the circumstances established in this rule, the court shall admit as evidence the recording of the deposition of the minor, in substitution of his/her testimony in open court. The court shall base its determination on this rule and on the findings that it establishes for the record. (5) Any of the parties, when notified of the discovery of new evidence once the deposition has been recorded, and before or during the trial, may request the court, upon determination of just cause, to take an additional deposition to be recorded by any reliable recording system. The testimony of the minor shall be limited to the matters authorized by the Judge in the order. (6) In everything that is related to the taking of a deposition recorded on video tape or other digital recording means under this rule, the court may issue a protecting order that guarantees the right to privacy of the minor. (7) The video tape or other digital recording means used for the taking of the deposition under this rule shall be destroyed five (5) years after the sentence in the case has been issued, unless an appeal of the sentence is pending. The tape shall be part of the record and shall remain in the custody of the court until the time of its destruction. History —Added on Aug. 15, 1998, No. 247, § 2, eff. 30 days after Aug. 15, 1998.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-131-3/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 131.3 - WITNESSES WHO ARE MINORS; ASSISTANCE DURING TESTIMONY
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 131.3 - WITNESSES WHO ARE MINORS; ASSISTANCE DURING TESTIMONY
In any proceeding under these rules, and specifically, Rules 131.1 and 131.2 of this appendix, the court, on its own initiative or by petition of the Prosecutor, guardian ad litem , or the parents, tutor or guardian of a minor who is a witness in a criminal procedure, may authorize that assistance be given to the minor pursuant to the following: (1) Support personnel.— The minor shall have the right to be escorted by support personnel, which may be a relative or an acquaintance of the minor, or the professional or technical personnel who has intervened or offered assistance to the minor throughout the different stages of the process. The court may authorize the support personnel to remain next to the minor, including actions such as holding him/her on his/her lap, or holding his/her hands. While the minor is testifying, the support personnel shall not address the minor, nor make any suggestive movement whatsoever, nor communicate with the jury by making gestures nor through any other means. In the cases of trial by jury, the court shall give special instructions to clarify the function of the support personnel, emphasizing the fact that his/her presence has the purpose of facilitating the testimony of the minor and not of physically protecting him/her from the defendant nor to influence in favor of his/her credibility. (2) Means to facilitate the rendering of testimony.— The court may authorize the use in court of anatomically correct dolls, mannequins, common toys, drawings or other demonstrative means that it deems pertinent in order to help the minor to give his/her testimony. By petition of the Prosecutor, of any of the persons listed in subsection (1) of this rule, or on its own initiative, the court shall give priority to the case in which a minor is called to testify, on its calendar as well as on the order of the day, to reduce the time that the minor shall be exposed to the process. If the court has to continue the proceedings on a subsequent date, it shall take into consideration the age of the minor and any adverse effect that such postponement could entail. The court shall make findings of fact and conclusions of law, in writing, when it opts to postpone the hearing of the case. History —Added on Aug. 15, 1998, No. 247, § 3, eff. 30 days after Aug. 15, 1998.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-132/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 132 - ADJOURNMENT OF COURT; WARNING TO JURY
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 132 - ADJOURNMENT OF COURT; WARNING TO JURY
The jury must also, at each adjourment of the court, whether they are allowed to separate or remain in charge of the officers of the court, be admonished by the court that it is their duty not to talk among themselves nor with any other person, on any of the matters connected with the trial, or to form or express any opinion thereon, until the case be definitively submitted to their deliberation.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-133/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 133 - JURY; PERSONAL KNOWLEDGE OF THE FACTS
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 133 - JURY; PERSONAL KNOWLEDGE OF THE FACTS
If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror states a fact which would be evidence in the cause, as of his own knowledge, the jury must return into court. In either of these cases the juror making the statement must be sworn and examined as a witness in the presence of the parties and shall continue acting as juror unless the judge determines that if allowed to continue the trial would not receive an impartial consideration from the jury.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-134/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 134 - JURY; VIEW OR INSPECTION
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 134 - JURY; VIEW OR INSPECTION
When, in the opinion of the court, it is advisable that the jury should view the place in which the offense was committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of a marshal, to the place, which must be shown to them by a person designated by the court for such purpose and said marshal must be sworn to suffer no person, including himself, to speak or communicate with the jury on any subject connected with the trial, and to return to the court with the jury, without unnecessary delay. Whenever an inspection is made the judge should always go with the jury to the place of the events.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-135/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 135 - PEREMPTORY ACQUITTAL
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 135 - PEREMPTORY ACQUITTAL
Motions for directed verdict are abolished. The court on motion of a defendant or of its own motion shall order the entry of judgment or acquittal of one or more offenses of the information or complaint at any time after the evidence on either side is closed if the court deems the evidence insufficient to warrant a conviction of such offense or offenses. If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury, and decide the motion either before the jury has returned a verdict or after it has returned a verdict or has been discharged without having returned a verdict. If the motion is denied before a verdict of guilty is returned or the jury is discharged without rendering a verdict, the motion may be renewed within the jurisdictional term of five (5) days after the verdict is returned or the jury is discharged provided no judgment has been entered. History —Aug. 31, 2000, No. 270, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-136/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 136 - TRIAL; ARGUMENTS TO THE JURY
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 136 - TRIAL; ARGUMENTS TO THE JURY
When the evidence is concluded, the parties shall argue the case to the court or to the jury, the prosecuting attorney giving his opening statement first, and he may briefly close the argument being confined in his address to rebutting the argument of the defense. The court may in the exercise of its sound discretion limit the time and number of arguments.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-137/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 137 - TRIAL; INSTRUCTIONS
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 137 - TRIAL; INSTRUCTIONS
After the arguments, the court shall charge the jury, summing up the evidence and stating all the questions of law necessary for their information. By stipulation of the parties filed immediately before beginning the instructions and approved by the court, the summary of the evidence may be omitted. All the instructions shall be oral unless the parties consent to the contrary. Either party may present to the court any written request that certain instructions be given, at the end of the evidence, or prior thereto if the court reasonably so orders. A copy of said request must be served on the adverse party. The court may accept or refuse any or all the requests, indorsing its decision on each one, and shall give its decision to the parties before they argue to the jury. Neither party may assign as error any portion of the instructions or omission therein unless objection is raised thereto or additional instructions are requested before the jury retires to deliberate, stating clearly the grounds of challenge or of its request. An opportunity to make such objection or request outside the presence of the jury shall be given to both parties. The court shall then proceed to decide the matter, entering its decision in the record or giving any additional instruction which it might deem pertinent. After giving its instructions the court shall appoint a foreman of the jury and shall order that the jury retire to deliberate. In their deliberations and verdict the jury are bound to accept and apply the law as stated by the court in its instructions.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-138/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 138 - JURY; CUSTODY
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 138 - JURY; CUSTODY
During the course of the trial, and before submitting the case to the jury, the court may permit the jury to separate, or provide that they remain in the custody of the marshal, who shall be sworn to keep them together until the next session of the court, and not to permit any person to speak to or communicate with them, nor to do so himself, on any matter connected with the trial, and to return with them to the court in the next session. Likewise, during the course of the trial, when it is essential to the administration of justice, the defendant as well as the prosecutor may petition the court to order that the jury remain in the custody of the marshal, at its discretion. History —May 27, 1980, No. 62, p. 158.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-139/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 139 - JURY; DELIBERATION; OATH OF MARSHAL
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 139 - JURY; DELIBERATION; OATH OF MARSHAL
When the jury retires to deliberate, the marshal shall be sworn to: (a) Keep the jurors together in the room provided by the court for deliberation. (b) Not permit any person to communicate at all with the jury or with any of its members. (c) Not communicate himself with the jury or any of its members on any matter connected with the prosecution.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-140/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 140 - JURY; DELIBERATION; USE OF EVIDENCE
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 140 - JURY; DELIBERATION; USE OF EVIDENCE
Upon retiring for deliberation, the jury may take with them all papers or objects that have been received as evidence, except the depositions.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-141/
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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 141 - JURY; DELIBERATION; RETURN TO COURT AT THEIR REQUEST
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 141 - JURY; DELIBERATION; RETURN TO COURT AT THEIR REQUEST
After the jury has retired for deliberation, if there is any disagreement or doubt between the jurors as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer in charge to conduct them into court. Upon being brought into court, the information required must be given after notifying the prosecuting attorney and the defendant or his attorney.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-142/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 142 - JURY; DELIBERATION; RETURN TO THE COURT AT THE REQUEST OF THE COURT
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 142 - JURY; DELIBERATION; RETURN TO THE COURT AT THE REQUEST OF THE COURT
After the jury has retired for deliberation, the court may order it to return into court in order to correct any erroneous instruction or to give additional instructions. Such instructions shall be given to the jury only after the prosecuting attorney, the defendant or his attorney have been notified of the court’s decision to correct or enlarge its instructions to the jury.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-143/
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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 143 - JURY; DELIBERATION; OPEN COURT
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 143 - JURY; DELIBERATION; OPEN COURT
While the jury is deliberating, the court shall be considered open for every purpose connected with the cause submitted to the jury.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-144/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 144 - JURY; DISCHARGE
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 144 - JURY; DISCHARGE
The court may order the jury to be discharged before verdict in the following cases: (a) If before the jury retires to deliberate, progress of the trial is prevented by reason of sickness or death of one of the members of the jury, unless the court decides to administer oath to another juror in substitution of the former and commence a new trial. (b) If after the jury retires to deliberate, the progress of the trial should be prevented by reason of sickness or death of a member of the jury, an accident or any other cause to prevent their being kept together. (c) If deliberation extends for a length of time that the court may deem sufficient to conclude clearly and manifestly that there is no possibility that the jury can agree. (d) If any error or irregularity should have been committed during the trial which in the opinion of the court precludes the jury from returning a fair and impartial verdict. (e) For any other cause by consent of the parties. In all cases where a jury is discharged under the provisions of these Rules, the cause may be tried again.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-145/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 145 - JURY; VERDICT; RETURN
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 145 - JURY; VERDICT; RETURN
When the jury have agreed upon their verdict, they must be conducted into court under the custody of the marshal, and the foreman of said jury shall deliver the verdict in writing to the clerk of the court who shall deliver it to the judge. The court shall ask the foreman of the jury if said verdict is the verdict of the jury and how many voted in favor. If the forman of the jury answers in the affirmative and the verdict returned is pursuant to law, it shall be accepted by the court and read by the clerk.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-146/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 146 - JURY; VERDICT; FORM
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 146 - JURY; VERDICT; FORM
The verdict shall find the defendant “guilty” or “not guilty” or “not guilty by reason of insanity.” It shall not be necessary to use those words strictly but the intention of the jury should be made clear. If the verdict of guilty refers to a crime with different degrees or to a crime with other lesser offenses necessarily included in the higher offense, the verdict shall specify the degree or the lesser offense of which the defendant is found guilty. Where the jury must determine whether or not a previous conviction exists and the verdict returned is guilty, it shall also state if the charge of previous conviction is true or not. In all cases the verdict shall state the number of jurors who concurred.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-147/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 147 - JURY; VERDICT; CONVICTION OF LESSER OFFENSE
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-148/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-149/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-150/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-151/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-151-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule § 151.1 - TRIAL; CONFESSION OF DEFENDANT
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
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.
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
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
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.
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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-154/
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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
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
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.
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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-155/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-156/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 156 - TRIAL; TESTIMONY OF ACCESSORY OR ACCOMPLICE
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-157/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 157 - TRIAL; MURDER; BURDEN OF PROOF
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-158/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 158 - TRIAL; LOTTERY; PROOF REQUIRED
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-159/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 159 - PROCEEDINGS BEFORE THE DISTRICT COURT
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-160/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 160 - JUDGMENT; DEFINITION; TIME FOR PRONOUNCING
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-161/
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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
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
In judgments of conviction of crimes divided in degrees, the court shall determine the degree of the crime of which the defendant is convicted.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-1/
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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 XII - JUDGMENT AND SENTENCE (§ 173)›Rule § 162.1 - PRESENTENCE REPORT
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-162-2/
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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 162.2 - SHORT DATA FORM, RULES AND PROCEDURE
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
(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.
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
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
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.
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
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
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.
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...
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
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.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
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
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
The procedure provided for in Rule 240 shall be followed when insanity is alleged as a cause why sentence should not be pronounced.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-176/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 176 - SENTENCE; FINE; PAYMENT FOR DAMAGES; HOW TO EXECUTE IT
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-177/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 177 - JUDGMENT FOR IMPRISONMENT; SERVICE THEREOF
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-178/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 178 - TYPES OF SENTENCES
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-179/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 179 - CONCURRENT OR CONSECUTIVE SENTENCES
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-180/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 180 - TERMS NOT TO BE SERVED CONCURRENTLY
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-181/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 181 - REPORT AS TO PRISONER SUMMONED TO TRIAL
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-182/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 182 - TIME DEFENDANT HAS BEEN DEPRIVED OF HIS LIBERTY
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-183/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 183 - TERM OF IMPRISONMENT AWAITING RESULT OF APPEAL FROM SENTENCE
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-184/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 184 - SENTENCE SUBSEQUENTLY ANNULLED OR REVERSED
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-185/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 185 - CORRECTION OR MODIFICATION OF SENTENCE
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xii/rule-186/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XII - JUDGMENT AND SENTENCE (§ 173)›Rule 186 - DISABILITY OF THE JUDGE
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-187/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 187 - NEW TRIAL; GRANTING OF
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-188/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 188 - GROUNDS FOR NEW TRIAL
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-189/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 189 - NEW TRIAL; TIME FOR FILING THE MOTION
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-190/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 190 - NEW TRIAL; MOTION; REQUIREMENTS; NOTICE
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-191/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 191 - NEW TRIAL; EFFECTS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii/rule-192/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII - NEW TRIAL›Rule 192 - NEW TRIAL; FINDING OF NEW FACTS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiii-a/rule-192-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIII-A - PROCEEDINGS SUBSEQUENT TO CONVICTION›Rule 192.1 - PROCEEDING SUBSEQUENT TO SENTENCE; BEFORE THE COURT OF FIRST INSTANCE AND THE DISTRICT...
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-193/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 193 - APPEAL TO THE CIRCUIT COURT OF APPEALS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-194/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 194 - PROCEDURE TO PERFECT APPEAL
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-195/
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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
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
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.
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
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
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.
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
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-198/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-199/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-200/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 200 - ORAL EVIDENCE: DESIGNATION
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-201/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 201 - ORAL EVIDENCE: TRANSCRIPT
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
(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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-203/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 203 - RECORD ON APPEAL; REMISSION
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-204/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 204 - PRELIMINARY MOTION IN THE CIRCUIT COURT OF APPEALS: DOCUMENTS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-205/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-206/
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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
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-207/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 207 - RECORD ON APPEAL; SEVERAL APPEALS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-210/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 210 - RECORD ON APPEAL; FILING; EXTENSIONS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-211/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 211 - POWERS OF THE COURTS OF APPEALS
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-212/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 212 - DISMISSAL OF THE APPEAL OR CERTIORARI
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-213/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 213 - DISPOSITION OF CASE ON APPEAL OR CERTIORARI
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
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.
https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-214/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XIV - APPEALS›Rule 214 - REMISSION OF MANDATE AND REMAND OF THE RECORD ON APPEAL
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
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.