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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-11/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.11 - Determination of the existence of probable cause or not
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.11 - Determination of the existence of probable cause or not
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(a) If in the opinion of the judge presiding the hearing, the evidence shows that there is probable cause to believe that a fault has been committed and that the minor committed it, the judge shall consign his findings in writing, and shall direct that the procedures continue.
(b) The Prosecutor shall proceed to file the complaint with the clerk of the corresponding part, shall give the minor a copy thereof and shall refer the minor and his parents or guardians to the family relations specialist for the initial interview of the social report.
(c) If the judge finds that there is no probable cause, he shall exonerate the minor and if he is in provisional detention, he shall order his release.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-12/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.12 - Effects of the determination of no probable cause
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.12 - Effects of the determination of no probable cause
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If in this hearing to determine probable cause, the judge finds that there is no probable cause to file a complaint or if there is cause for a lesser fault than the one the minor is charged with, the advocate may submit, and a judge of the Court of First Instance, other than that who intervened in the hearing to determine probable cause, may consider the matter again with the same or other evidence, within the maximum term of sixty (60) days from the date of the Resolution.
History —June 19, 1987, No. 33, p. 105, § 1; July 27, 1996, No. 89, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-13/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.13 - Summons; provisional detention of the minor
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.13 - Summons; provisional detention of the minor
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Once the determination of probable cause has been established, the judge shall proceed to determine if the minor can remain in the custody of his parents or guardians, or if he should order his detention until the day of the adjudicative hearing. Whenever possible, the judge shall let the minor remain in the custody of his parents or a responsible person, with their written and signed promise that they will appear in court with the minor on the determined date for the corresponding procedures. The judge shall admonish them that their failure to appear at the adjudicative hearing conveys the immediate detention of the minor and the arrest for contempt of his parents or guardians or, in the pertinent cases, the court may, in their absence, waive its jurisdiction or that he may hold the adjudicative hearing in their absence.
A detention order for a minor shall not be entered prior to the adjudicative hearing unless:
(1) It is required for the safety of the minor, or the latter constitutes a risk for the community.
(2) The minor refuses to, or is mentally or physically unable to state his name, his parents’ or guardians’ names and the address of his residence.
(3) There are no responsible people willing to assume the minor’s custody and to guaranty his appearance during subsequent proceedings.
(4) The minor [has] absconded or has a history of noncompliance with appearance orders.
(5) The minor has been found before in violations which, perpetrated by an adult, constituted felonies and probable cause has been established for the new violation, for which he may be deemed a serious threat for public order.
(6) The minor, duly summoned, does not appear at the hearing to determine probable cause, and said probable cause is determined in his absence.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-14/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule § 2.14 - Determination of probable cause in absentia
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule § 2.14 - Determination of probable cause in absentia
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When evidence is introduced before the judge concerning reasonable steps taken to make the minor and his parents or guardians appear at the hearing for determination of probable cause, and that it was not possible, the judge, after receiving said evidence, will be able to determine probable cause in absentia and shall issue a detention order. In this case, the judge shall include in the record the grounds for said determination of probable cause in absentia.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-15/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.15 - Detention order; form and requirements
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.15 - Detention order; form and requirements
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Once probable cause is determined, if the judge deems necessary that the minor remains detained, he will issue a detention order.
The detention order shall be issued in writing, in the interest of the minor, with the signature and official title of the issuing judge, addressed to the person in charge of the detention center. It should indicate the offense alleged in the complaint, the docket number thereof, the name of minor and the reason or motive for the detention. It shall also state the date and place of its issuance.
The judge, when issuing a detention order, may examine, among other things, the legal and social record of the minor, if any, and hear the Specialist or Family Relations Technician who may have evaluated or supervised the minor.
The judge ordering the detention of the minor shall be authorized to rescind said order and to order the release of the minor before the complaint is filed.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-16/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.16 - Detention order; review
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.16 - Detention order; review
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The detention order will be subject to review, upon request of the minor, by the Court of First Instance with jurisdiction pursuant to §§ 2201 et seq. of this title, with prior notice to the Prosecutor.
The hearing to review the detention order will enjoy preference over all other matters and will be scheduled on the closest possible date within the five (5) days following the filing of the petition for review, unless just cause existed to the contrary.
At the hearing all circumstances pertinent to the release of the minor shall be considered, and the court shall hear, to that effect, the Prosecutor and examine the report prepared by the social worker. If release does lie in the judgment of the court, an order will be entered to such effect and the minor and his parents or guardians shall be summoned for the corresponding adjudicative hearing of the case.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-2/rule-2-17/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT›Rule 2.17 - Procedure in cases of minors referred from ordinary criminal procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.17 - Procedure in cases of minors referred from ordinary criminal procedure
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In cases where, after the cause for arrest or probable cause hearing pursuant to Rule 23 of Criminal Procedure, App. II of this title, it is established that the accused is a minor, the magistrate shall order the transfer of the record to the Prosecutor for the filing of the corresponding complaint before the Court of First Instance for Minors’ Affairs and shall cancel any posted bail.
In cases where a minor who is already fourteen (14) years old is charged with murder and the magistrate established probable cause for a felony other than murder, the magistrate shall order the transfer of the record for this and any other felony arising from the same transaction to the Prosecutor, for the filing of the corresponding complaint before the Court of First Instance for Minors’ Affairs and shall cancel any bail posted.
In these cases holding the hearing provided by Rules 2.9 and 2.10 of this appendix shall not be necessary, because cause has been determined previously in the ordinary procedure as an adult.
When filing the complaint the Prosecutor shall request, if deemed necessary and pursuant to the applicable rules, a hearing to determine regarding the provisional detention, of the minor prior to the adjudicative hearing.
History —Added on Aug. 29, 1990, No. 73, p. 432, § 1, eff. 30 days after Aug. 29, 1990.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.1 - Contents
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.1 - Contents
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The complaint is the writ filed by the Prosecutor in court, that describes the fault the minor is charged with, upon prior determination of probable cause. It shall be signed, sworn and filed with the clerk of the Court of First Instance that has jurisdiction pursuant to the provisions of the Minors’ Act, §§ 2201 et seq. of this title.
The complaint shall contain the following information:
(a) Part of the court with jurisdiction thereupon.
(b) Docket number of complaint.
(c) First name and family names, age and place of birth of the concerned minor.
(d) Address of the minor—residential and mailing—and social security number thereof.
(e) Certification regarding the appearance of the minor and of his parents or guardians at the hearing for determination of probable cause, that the minor was represented by counsel or that the right to was waived, and that the remaining statutory warnings were issued thereto.
(f) Name, address—residential and mailing—and telephone number of each of the parents or guardians.
(g) Offense alleged and its classification.
(h) Relation of facts constituting alleged offense, date and place of their occurrence.
(i) Name and address of the complainant and of all the witnesses.
(j) Judge’s decision, name, signature and date.
(k) Prosecutor’s sworn statement.
If the determination of probable cause was done in absentia, pursuant to Rule 2.14 of this appendix, or any of the facts of subsections (c), (d), (e) and (f) of this rule is unknown they need not to be included.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.2 - Allegations; construction; sufficiency
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.2 - Allegations; construction; sufficiency
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(a) The complaint shall be drawn with plain, simple language and shall contain a succinct relation of the facts constituting the alleged offense attributed to the minor.
(b) The words used in the complaint shall be construed in their common meaning, with the exception of words and phrases defined in §§ 2201 et seq. of this title. No complaint shall be deemed insufficient due to the omission of any fact or of any material defect which would not harm the substantial rights of the minor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.3 - Joinder of offenses
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.3 - Joinder of offenses
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Two (2) or more offenses may be joined in the same complaint, but stated separately, when the alleged were equal or similar in nature, or would be derived from the same action or transaction, or from two (2) or more interrelated actions or events, or constituting parts of a common plan. Allegations pertaining to one offense may be incorporated to the others by reference.
The court, after a timely and well-based request to this effect, shall have discretion to order separate hearings.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-3/rule-3-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 3 - THE COMPLAINT›Rule 3.4 - Allegation not stating date; effect
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 3 - THE COMPLAINT › Rule 3.4 - Allegation not stating date; effect
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The complaint shall state the date when the offense was perpetrated. Omission of such date shall not invalidate the complaint, unless said date constituted an essential circumstance for the alleged offense, the jurisdiction of the court, or the defense of the minor. The minor may request from the court an order to specify said date.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.1 - Discretional and Mandatory Petition
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.1 - Discretional and Mandatory Petition
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(a) When probable cause is determined in the interest of a minor between fourteen (14) and eighteen (18) years of age, for the perpetration of any Class II or III offense, the Prosecutor may file a founded motion requesting the waiver of the courts’ jurisdiction over the responded minor and the removal of the case to the regular jurisdiction in order that the proceedings of the case continue as if the perpetrator were an adult, whenever he deems that the proceedings pursuant to §§ 2201 et seq. will be prejudicial for the best interest of the minor and of the community.
(b) The Prosecutor must petition for a waiver of jurisdiction whenever:
(1) Probable cause is determined in the interest of a minor between fourteen (14) and eighteen (18) years of age charged with the perpetration of a Class II or III offense had been adjudicated in his interest.
(2) After determination of probable cause, the minor is charged with one of the following offenses: first degree murder, second degree murder, sexual assault, robbery, aggravated burglary and aggravated assault.
History —Amended Oct. 7, 2009, No. 116, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.2 - Term; contents
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.2 - Term; contents
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The Prosecutor shall submit the duly grounded petition for waiver of jurisdiction within fifteen (15) days following the filing of the complaint and the notice to the minor.
For just cause and at its discretion, the court may authorize the filing of a petition for waiver of jurisdiction after the term has elapsed, but always prior to the holding of the adjudicative hearing of the case.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.3 - Docketing of hearing and notice
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.3 - Docketing of hearing and notice
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Upon a duly grounded petition for waiver of jurisdiction, the court, during the five (5) days following the presentation of the petition, shall order the docketing of the hearing and shall notify the minor. The hearing for the waiver of jurisdiction shall be held within twenty (20) days following the filing of the petition.
The scheduling for the waiver of jurisdiction hearing shall stay all terms regarding celebration of adjudicative hearing. If the court decides against waiver of jurisdiction, the aforementioned term shall continue to run beginning on the day notice of such decision is served.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.4 - Hearing proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.4 - Hearing proceedings
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During the hearing, the Prosecutor shall introduce evidence supporting his petition. The minor can rebut that evidence and challenge the contents of any document introduced in evidence, as well as examine the persons underwriting expert reports.
The court shall issue its decision upon the preponderance of evidence.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-5/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.5 - Decision and removal
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.5 - Decision and removal
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The court shall enter within the twenty (20) days following the conclusion of the hearing of the case under its consideration. If the court enters a founded resolution declaring that the waiver of jurisdiction does lie, it will issue an order for removal of the case to the regular jurisdiction, to be tried as if it were an adult perpetrator and will set bail for the minor pursuant to criteria established by the Rules of Criminal Procedure, App. II of this title. In these cases, the minor for whom the court waives jurisdiction will be able to request the revision of bail set, through motion filed with the Part of the Court of First Instance of the venue which may know of the case. The order for removal shall include any kind of offense pending adjudication. Statements, evidence, documents and all other information held by the court shall accompany the record, except any of confidential nature pursuant to these rules, such as social, psychological, psychiatric or neurologic reports, plus expert witnesses’ evaluations in the socio-emotional area.
The notice concerning the waiver, sent by the clerk of the court to the District Attorney or governing authority, shall not include the resolution entered.
The Prosecutor shall be responsible for the immediate transfer of the minor to the pertinent authorities for these to initiate proceedings against him as an adult in the regular jurisdiction.
History —Aug. 29, 1990, No. 73, p. 432, § 2, eff. 30 days after Aug. 29, 1990.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-4/rule-4-6/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 4 - WAIVER OF JURISDICTION›Rule 4.6 - In absentia
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 4 - WAIVER OF JURISDICTION › Rule 4.6 - In absentia
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The court may waive its jurisdiction when the minor is absent provided the following circumstances concur before a hearing where said minor should be represented by counsel:
(a) The offense allegedly perpetrated by the minor occurred when said minor was already fourteen (14) years old;
(b) the minor is a fugitive from justice, and
(c) the Prosecutor has proved, to the satisfaction of the court, that he has taken sufficient action in order to locate said minor, without any success.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-5/rule-5-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 5 - REMOVAL›Rule 5.1 - When it shall be done
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 5 - REMOVAL › Rule 5.1 - When it shall be done
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(a) By petition of the defendant or by the initiative of the Prosecutor, and after a joint evaluation with the family relations specialist, the court may authorize the removal of the minor from the judicial procedures, so that he may receive services from any public or private body, when a minor is charged with a Class I fault or with a Class II fault for the first time.
(b) The Prosecutor shall file the petition for removal with reasonable time before the beginning adjudicative hearing, except for just cause.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-5/rule-5-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 5 - REMOVAL›Rule 5.2 - Consent; approval
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 5 - REMOVAL › Rule 5.2 - Consent; approval
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(a) The minor, his parents or guardians or judicial defender and his attorney of record, if any, shall sign a written agreement with the Prosecutor or with the authorized official of the public or private body to which the minor will be referred.
(b) The agreement shall include a brief description of the services offered, the conditions to be met by the minor, the acceptance by the public or private body and a warning of the consequences if he fails to comply with said conditions. It shall also contain the term of duration of the removal, which in no case shall exceed the term of the corresponding dispositive measure. The court shall docket the followup hearing in ninety (90) days if he has been charged with a Class I fault and in six (6) months when the fault charged is a Class II.
(c) The court shall approve the agreement by means of resolution to such effect. Once the removal agreement is approved, all terms of quick trial shall stay.
(d) All documents regarding the removal shall be included in the court records of the minor.
History —June 19, 1987, No. 33, p. 105, § 1.
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 5 - REMOVAL › Rule 5.3 - Adjustment report; compliance of conditions
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(a) Upon conclusion of term set for removal, the body participating in the aforesaid agreement shall have the obligation of rendering a report to the Prosecutor and the court regarding the degree of adjustment of the minor. The report shall indicate whether the minor has fulfilled all the conditions of the agreement. In case the minor has fulfilled said conditions, the Prosecutor shall request the docketing of the complaint within thirty (30) days after the date of service of notice of said report.
(b) If the minor fails to comply with the terms of the agreement, the Prosecutor shall request a hearing to determine whether the procedure should continue. The terms of a speedy trial shall be resumed when the resolution that orders the reinstatement of the complaint is issued.
History —June 19, 1987, No. 33, p. 105, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.1 - Motions, generally
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Any motion before the adjudicative hearing shall be filed in writing, a reasonable period of time prior thereto, but the court, for justified reasons, may allow oral motions during the hearing. The motion shall state the ground for the defenses, objections or petitions moved and notice thereof must be served on the other party. The court shall rule upon the motion before the adjudicative hearing, unless it decides to postpone consideration thereof until such hearing.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.2 - Prior to the adjudicative hearing
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.2 - Prior to the adjudicative hearing
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The following motions must be filed and ruled upon prior to the adjudicative hearing:
(1) Motion to dismiss based upon defects in the complaint, except when the defects consist in not alleging offense or that the court lacks jurisdiction, which may be moved at any time.
(2) Motion to dismiss based upon the following defenses and objections raised during the proceedings:
(a) That the alleged offense had been previously adjudicated, or that the minor was previously in jeopardy of adjudication by the same offense;
(b) that the cause or an essential controversy thereof is barred by res judicata;
(c) that offense is barred by statute of limitation;
(d) that probable cause was not determined pursuant to law;
(e) that the adjudicative hearing was scheduled beyond the legal terms;
(f) that the minor was granted immunity against proceedings for said offense, and
(g) that the hearing to determine probable cause to file the complaint had been scheduled for a date beyond the legal limits.
(3) Motion to suppress evidence.
(4) Motion to request discovery.
(5) Motion to plead mental disability or alibi defenses.
(6) Motion to utilize identification mechanisms.
History —Sept. 12, 1990, No. 86, p. 505, § 3.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.3 - When alleged defect does not bar further proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.3 - When alleged defect does not bar further proceedings
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A resolution granting a motion to dismiss shall not bar the initiation of other proceedings for the same offense, unless the alleged defect or objection is incurable or, in case of Class I offenses, said motion did lie because it violates the terms established for the adjudicative hearing.
If the motion is based upon defects of the complaint curable by amendment, the court shall order the amendment to be made and deny the motion. If the court should grant a motion based on curable defects in the filing, proceedings, or the complaint, it shall order the minor to remain under the court’s jurisdiction, under the same present conditions, for a specific term, subject to the filing of a new complaint. Nothing of the aforesaid shall affect the provisions regarding statute of limitation.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.4 - To request discovery of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.4 - To request discovery of evidence
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The court, upon prior motion after the filing of the complaint, may order the Prosecutor to make available for examination by the legal counsel of the minor, certain objects, books, documents, and papers which are not sworn statements, except sworn statements by the minor, and which may have been obtained from the minor or from other persons through court order or otherwise, and which may be needed for the preparation of the defense of the minor, independently from the fact that the Prosecutor intends to introduce them as evidence or that the same may be inadmissible thereto. The order shall specify the time, place and manner of the examination and shall prescribe whatever terms and conditions deemed fair.
The Prosecutor shall make available for inspection by the legal counsel of the minor any pertinent material or information which indicates the innocence of the minor.
The court may refuse totally or partially to grant the discovery of information specifically requested or limit and establish conditions therefor, when it is demonstrated that granting said request could jeopardize the security of any person or violate the confidentiality or privilege of any communication.
History —June 19, 1987, No. 33, p. 105, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.5 - Mental disability or alibi defenses; notice
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.5 - Mental disability or alibi defenses; notice
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(a) When the minor intends to establish the defense of mental disability at the time of the alleged perpetration of the offense charged against him, or the defense of alibi, he shall file a notice to that effect with the court, serving a like notice on the Prosecutor, at least ten (10) days prior to the adjudicative hearing. The notice shall include the following details:
(1) Regarding mental disability defense, the name and address of all witnesses and a list of all documents, writings or papers to be used in establishing said defense, excluding therefrom any testimony of the minor, and also informing who is the holder of such documents, writings or papers.
(2) Regarding alibi defense, the name and address of all witnesses and a list of documents, writings or papers to be used in establishing said alibi defense, and also informing who is the holder of such documents, writings or papers; and informing, besides, about the place where the minor was at the state and hour when the offense was perpetrated, and since what time the minor was at that place and until what time he had been there.
(b) The information thus furnished by the minor shall convey the reciprocal obligation of the Prosecutor of informing the minor regarding the name and address of the witness he intends to use to rebut the alibi or mental disability defense.
(c) If the minor or Prosecutor does not comply with said required notice or information, they will not be entitled to introduce such facts in evidence.
The court may allow said evidence to be introduced at the adjudicative hearing, when justified cause is demonstrated for the omission of such notice or information.
In these latter cases the court may order the continuance of the adjudicative hearing or provide any other adequate remedy.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.6 - Identification mechanisms
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.6 - Identification mechanisms
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Upon founded petition of the Prosecutor and through resolution to that effect, for investigative purposes, the court may authorize the use of mechanisms for the identification of a minor such as fingerprinting, photography and the utilization of a lineup.
Fingerprinting shall be limited to cases where fingerprints have been found in the place of the events and is deemed necessary for the verification of existence of prior personal contact between the minor and objects in such a place.
The fingerprint records, photographs and negatives thereof shall be sent to the court immediately after the investigation is concluded. They shall be identified only with the name, address and birth date of the minor, and shall be filed in the record inside a sealed envelope which shall be opened only upon court order. These shall remain there until the minor turns twenty-one (21) years old.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.7 - Norms for conducting a lineup
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.7 - Norms for conducting a lineup
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When the court authorized the holding of a lineup for the purposes of identifying a minor, the following norms shall be observed:
(a) Legal counsel.— If at the time of the lineup, the Prosecutor has already filed the complaint in behalf of the minor, the latter will have the right to have his legal counsel present while the same is being conducted.
In such case, the attorney shall be notified with reasonable time in advance of the date of the lineup. If it is an indigent person or if his attorney does not appear, he shall be provided with legal assistance to such effect.
The minor may waive his right to be represented by counsel during the lineup, provided it is done in writing and signed by the minor and by his parents or guardians.
(b) Participation of the counsel of the minor in the lineup.— In the participation of the counsel of the minor in the act of the lineup the following rules shall be observed:
(1) The counsel shall be allowed to watch the complete lineup process.
(2) Any conversation among witnesses and the Police during the celebration of the lineup shall be listened to by counsel.
(3) Questioning of witnesses shall not be permitted during the lineup.
(4) Counsel may point out the violation of any of these rules to the official in charge of the lineup. If said official understands that said violation is occurring, it shall be corrected thereby.
(c) Composition of lineup.— The lineup shall be composed of not less than four (4) persons besides the suspected minor. It shall be subject to the following conditions:
(1) Parties included in the lineup shall have features similar to those of the suspected minor regarding age, sex, color, race and, inasmuch as possible, height, weight and attire shall be related to the minor’s.
(2) In no case should there be more than one suspected minor included in the lineup.
(3) Visible indications which ostensibly point out to the minor included in the lineup as the suspect or detained shall not be permitted.
(d) Lineup procedure.— In the lineup proceedings the following rules shall be observed:
(1) Witnesses shall not be permitted to see either the suspected minor or the rest of the participants prior to the lining up.
(2) No information about the persons participating in the lineup shall be supplied.
(3) If two (2) or more witnesses were to participate as identifiers, communication between them during the identification procedure shall not be permitted and each one shall make the identification separately.
(4) The witness shall observe the lineup and, with minimal participation of peace agents or officers, shall identify in a positive manner the perpetrator of the offense, if present therein.
(5) If the suspected minor is required to say any phrase, make a bodily move or wear a particular attire, the rest of the participants shall be likewise required to say, act or dress.
(6) In no case, either expressed or otherwise, shall any suggestion be made to the witness regarding the person he should identify.
(e) Record of proceedings.— In every proceeding pursuant to this rule minutes shall be taken by the person in charge of the lineup. The minutes shall include the name of all participants, the name of all people present, and a summary of the procedure observed. Moreover, a photograph should be taken of the lineup, as it was presented to the witnesses, as many times as required for clarity thereof. The minutes, photos and their negatives shall become part of the record of the Prosecutor and shall be subjected to the provisions of §§ 2201 et seq. of this title and of these rules.
History —June 19, 1987, No. 33, p. 105.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.8 - Continuance
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.8 - Continuance
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Any motion for continuance shall be filed in writing at least five (5) days prior to the date set for the hearing. The motion shall state the grounds for the petition and offer no less than three (3) available dates for rescheduling.
The court shall peremptorily deny any motion not complying with the aforesaid. It may be filed during the hearing only if it is based upon extraordinary circumstances that could not be foreseen and without the control of the person filing the motion.
If the court grants the request, it shall enter a resolution stating the grounds therefor and shall schedule the hearing for the next available date in the court calendar.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-6/rule-6-9/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.9 - Suppression of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.9 - Suppression of evidence
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The minor affected by an illegal search or seizure shall request from the court the suppression of any evidence obtained through such search or seizure on the return of seized property, for any of the following reasons:
(a) The property was illegally seized without a court order.
(b) The court order for search and seizure is insufficient on its face.
(c) The seized property or the person or place searched does not match the description thereof in the court order for search and seizure.
(d) No probable cause existed to believe in the existence of grounds for the court order.
(e) The search order was illegally issued or delivered.
(f) Any sworn statement serving as base for the issuance of the search court order is insufficient because whatever was sworn to was totally and partially false.
(g) Any other reason legally reorganized as a result of the illegality of said search and seizure.
The court will hear the evidence on any question of fact necessary for the resolution of the petition. If the motion is granted, the property shall be returned, if there is no legal basis against it, and it shall not be advisable in evidence in any hearing. The motion shall be filed five (5) days prior to the adjudicative hearing unless there was no opportunity therefor or the minor does not have personal knowledge of the grounds for the motion, or the illegality in obtaining the evidence arises from the evidence introduced by the Prosecutor during the ajudicative hearing.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.10 - Disqualification
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.10 - Disqualification
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Either the Prosecutor or the minor may file a sworn, written motion requesting the disqualification of the judge on any of the following grounds:
(a) That the judge has been Prosecutor or defense attorney of the minor.
(b) That the judge has ordered as a magistrate the apprehension, provisional detention or summons, or participated in the determination of probable cause to file a complaint.
(c) That the judge has a personal interest in the outcome of the case.
(d) That the judge has a preconceived opinion or prejudice for or against any of the parties, or that he has prejudged the case.
(e) That the judge is related, within the fourth degree of consanguinity or affinity, to the minor, the victim of the alleged offense or to the defense attorney or Prosecutor.
(f) That the judge is an essential witness in the case.
The judge whose disqualification is requested shall not entertain thereupon, and the motion therefor shall be argued before another judge.
Nothing provided heretofore shall preclude a judge from being disqualified motu proprio for any justifiable cause.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING›Rule 6.11 - Pretrial conference
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.11 - Pretrial conference
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The court, motu proprio or upon motion of the minor or the Prosecutor, may order holding of one or more conferences to consider any matters susceptible of being adjudicated or stipulated prior to the adjudicative hearing.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.1 - Time; rights of the minor
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.1 - Time; rights of the minor
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The adjudicative hearing shall be scheduled within sixty (60) days following the determination of probable cause if the minor is under custody of parents or person responsible therefor, or within thirty (30) days, if the minor is being held at a detention center, unless the delay is due to a request from the minor, his parents or guardians, or to a justifiable cause therefor. The judge presiding over the hearing shall not be the same who presided over the determination of probable cause hearing.
The minor has the right to representation by counsel—if he lacks the necessary means therefor, the court shall appoint one—, the right to cross examine witnesses and to introduce evidence in his defense. The Rules of Evidence, App. IV of Title 32, shall apply and the Prosecutor must prove his allegations beyond any reasonable doubt.
The minor shall be presumed innocent until the contrary is proven and, in case of reasonable doubt regarding the existence of the alleged offense and its perpetration by the minor, said minor shall be pronounced not liable therefor.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.2 - Reading of the complaint; warnings to the minor; hearing in absentia
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.2 - Reading of the complaint; warnings to the minor; hearing in absentia
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(a) At the beginning of the adjudicative hearing, the court shall read the complaint, unless said reading is waived by the minor. The minor and his parents or guardians shall be present during the reading of the complaint and during all the proceedings.
(b) At the time of the reading of the complaint, the court shall warn the minor that if he leaves the hearing or fails to return during any stage of the hearing, the proceedings shall continue in absentia until the final disposition of the case, and his absence shall be deemed as a waiver of his right to be present at the subsequent stages of the procedure.
If the minor leaves the hearing room, the court, after investigation and determining that it is a voluntary absence, shall continue the proceedings in absentia until the final disposition of the case, provided the minor is represented by counsel and his parents or guardians or court appointed defender are present in case the latter are interested in being present.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.3 - Pleas
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.3 - Pleas
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The minor shall plead either denying or admitting the facts. If the minor refuses to plead, or the court determines that he/she is voluntarily absent from the hearing, a plea of denial of the facts shall be entered.
(a) Plea bargaining.—
(1) In all cases in which a plea bargaining arrangement exists between the defendant’s defense and the Prosecutor for Minors’ Affairs, the procedure to be followed shall be that contemplated in Criminal Procedure Rule 72 insofar as it is not incompatible with the Puerto Rico Minors’ Act, §§ 2201 et seq. of this title, and these rules.
(2) When deciding whether to accept from a minor a guilty plea which derives from a plea bargaining arrangement, the Juvenile Court Judge shall ascertain that said plea has been entered into in the defendant’s full awareness, conformity and willingness; that his/her rights have been explained to him/her, as well as the implications of such a plea; that he/she was accompanied by his/her parents or by an adult with an interest in his/her welfare; that it is convenient to the sound administration of justice; and that said plea was reached pursuant to the law and ethics required from the defense attorney and the Prosecutor.
History —Amended Apr. 2, 2007, No. 30, § 2.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.4 - Admission of the facts; refusal of the court; permission to change pleas
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.4 - Admission of the facts; refusal of the court; permission to change pleas
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The court may refuse to receive an allegation from the minor in which he admits the facts and may direct that an allegation refusing them be entered. At the time prior to the adjudication of the case, it may allow that the allegation admitting the facts be withdrawn and substituted by an allegation denying the facts or by one that admits the commission of a lesser fault than the one charged.
History —June 19, 1987, No. 33, p. 105, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.5 - Admission of the facts; duty of the court
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.5 - Admission of the facts; duty of the court
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The court shall not accept a plea of admission of the facts from the minor without first determining that it is made voluntarily, with awareness of the nature of the alleged offense and of the consequences of said plea. Furthermore, the court shall warn the minor regarding:
(a) His right to be represented by counsel during all stages of the procedure and that, if he lacks the economic means, the court shall appoint one to represent him.
(b) His right to be presumed innocent, until proven to the contrary, and to have the Prosecutor prove the alleged facts beyond any reasonable doubt.
(c) His right not to declare on the stand, and to have witnesses for his defense subpoenaed.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.6 - Order of the evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.6 - Order of the evidence
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The Prosecutor shall open the adjudicative hearing stating orally to the court the nature of the offense which he expects to prove, the proof he expects to produce to uphold the complaint and shall offer his evidence in support thereof. The legal representative of the minor shall then set forth in a concise manner the proofs for his evidence in support thereof. The Prosecutor and the minor charged with the offense may, in that order, offer rebutting evidence only against the evidence originally offered, unless the court, for good reason and in furtherance of justice, shall permit them to offer additional evidence upon the alleged offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.7 - Peremptory acquittal
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.7 - Peremptory acquittal
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The court, motu proprio or on motion of the minor, shall declare said minor not liable for the offense or offense alleged in the complaint, if, after the evidence on either side is closed, it would be deemed insufficient to uphold the perpetration of said offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-7/rule-7-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 7 - ADJUDICATIVE HEARING›Rule 7.8 - Adjudication of the case
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 7 - ADJUDICATIVE HEARING › Rule 7.8 - Adjudication of the case
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After presenting the evidence and the reports by both parties have been concluded, the court shall immediately issue its decision unless it finds it necessary to reserve its opinion, in which case, and excepting the express waiver of the minor or his legal counsel if the minor is not present, shall issue it within two (2) days following the conclusion of the adjudicative hearing.
If the court determines that the minor has not been guilty of a fault and said minor is detained, it shall order his immediate release, unless he must continue in detention by virtue of a valid order issued in another procedure.
History —June 19, 1987, No. 33, p. 105.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.1 - Disposition of the case, term
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.1 - Disposition of the case, term
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The dispositive hearing is that in which the court imposes the dispositive measure. It shall be held upon the conclusion of the adjudicative hearing, unless the court, by petition of the minor or the prosecutor, dockets it for a subsequesnt date. In such case, the hearing shall be held within three (3) days following the date on which the court issued its opinion, unless if the minor waives the same. When the postponement is granted, the court shall order that the minor shall remain under the same conditions which were imposed on him upon the conclusion of the hearing for probable cause to file the complaint. Upon a petition of the minor or the Prosecutor, the court may modify said conditions. The judge must have before him a social report prior to disposing of the case of a minor who is found guilty.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.2 - Procedure for the resolutory hearing
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.2 - Procedure for the resolutory hearing
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The minor, his attorney, parents, guardians or court-appointed defender and the Prosecutor shall be present during the resolutory hearing. The court shall allow the Prosecutor as well as the attorney for the minor to offer written evidence or witnesses concerning the most adequate resolutory measure. The court shall also permit them to challenge the contents of any document offered in evidence and to examine the persons who are responsible for supplying the court with any information.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.3 - Report for disposing of case
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.3 - Report for disposing of case
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The court, prior to disposing of the case, must have before it a social report including all facts related to the minor, his relatives, his circumstances and any further information which permits the court to make an adequate disposition, according to the best interest of the minor and the protection of the community.
The Specialists and Family Relations Technicians and other experts assigned to the court shall perform all investigations, examinations, evaluations and studies necessary to supply and prepare the social reports needed for the most adequate disposition. They shall proceed under the court’s authority and, to that effect, with prior authorization, they shall be able to subject the minor to the necessary physical and mental studies. If the minor’s parents or guardians or the court-appointed defender refuse to supply the information required for the social report, they may be held in contempt of court.
If parents or guardians or court-appointed defenders are set against subjecting the minor to those examinations, a hearing will be held where they shall state their reasons therefor. If at the hearing they fail to justify their opposition, the court, exercising its parens patriae authority, shall order the minor to be subjected to the necessary examinations.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.4 - Resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.4 - Resolutory measure
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The resolutory measure may be nominal, conditional or custody. Conditional or custody measures shall include provisions regarding term of duration pursuant to § 2227 of this title and the foundation that upholds them. The court shall take into consideration criteria which allow for individualization of the needs of the minor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.5 - Duration of resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.5 - Duration of resolutory measure
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(a) The term adjudicated by the court shall not exceed the maximum provided by law, or may be a lesser term. The maximum term provided by law may be extended when circumstances foreseen in §§ 2201 et seq. of this title occur.
(b) The resolutory measure shall cease whenever any of the following circumstances is present:
(1) The maximum term provided by law has expired, except when circumstances mentioned in § 2229 of this title occur;
(2) the minor turns 21 years old, or
(3) when the minor is considered rehabilitated.
(c) If a custody measure should be imposed, the court shall deduct therefrom, at the time of entering its resolution, the time the minor has remained under provisional detention.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.6 - Concurrent or consecutive terms
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.6 - Concurrent or consecutive terms
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The court, upon determining the resolutory measure, shall include in its resolution whether the term of custody or supervision determined shall run concurrently or consecutively with any other terms imposed on the minor. If such provision is omitted, the term shall be deemed running concurrently with any others imposed either in its resolution or priorly imposed on the minor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.7 - Resolution and adjudication
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.7 - Resolution and adjudication
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The court decision on resolution and adjudication shall be drawn in plain language, and shall include the determinations of the court and measures to be applied to the minor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.8 - Progress reports on the minor under probation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.8 - Progress reports on the minor under probation
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The Specialist or Family Relations Technician shall file with the court evaluation reports on each minor assigned to his supervision within the terms specified by the court. These reports shall include recommendations regarding desirable changes in the condition set in the resolution, for consideration of its extension, modification or cessation, according to the achievements of the rehabilitating process.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-9/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.9 - Progress reports on the minor under custody
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.9 - Progress reports on the minor under custody
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The director of the institution on public or private body in custody of a minor shall submit periodic reports on the evaluation of the minor, within the terms required by the court. These reports shall contain pertinent recommendations regarding extension, modification, or cessation of the resolutory measure, according to the achievements in the rehabilitating process. Likewise, it shall be their duty to submit an evaluating report to the court whenever a petition for review, modification or cessation of the resolutory measure is filed.
When the head of the agency or public or private organization recommends the release of the minor, his report shall include a plan for said release and reincorporation to the community.
Evaluation reports shall contain information on the condition, physical, emotional and moral progress of the minor as well as other services offered.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-10/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.10 - Information to be made available to public and private body
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.10 - Information to be made available to public and private body
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When a judge enters a resolution for the confinement of a minor to an institution, he shall also order that, within ten (10) days following the date of the resolution, a summary of the information on files of the court shall be sent to such public or private body.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-11/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.11 - Periodic review of resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.11 - Periodic review of resolutory measure
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The court, after due notice and hearing, shall make periodic pronouncements regarding the extension, modification or cessation of the resolutory measures. In cases of Class I offenses, the review shall be held every three (3) months, and in cases of Class II or III offenses, every six (6) months, notwithstanding the possibility of doing it at any time upon request of interested party.
The court shall take into consideration, when reviewing the resolutory measure, the reports before it, as well as any other evidence offered at the hearing and shall enter a resolution to maintain, extend, modify or terminate said measure.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-12/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.12 - Modification of resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.12 - Modification of resolutory measure
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The minor, his parents, guardian or court-appointed representative, or any person under the custody of whom said minor has been placed, may file a founded petition with the court to request the modification of the resolutory measures.
Notice of every petition to modify a resolutory measure shall be served upon the minor, his parents, or guardians, the Prosecutor and the director of the public or private body where said minor is under custody.
If the court considers that the petition alleges sufficient grounds, it shall order the Family Relations Specialist or Technician to perform an investigation on the allegations of said petition and to render a report thereabout. A hearing shall be scheduled, with notice thereof to all interested parties, to receive evidence. Once the hearing is concluded, the court shall enter a resolution concerning modification of the resolutory measures.
When changing resolutory measure from custody to parole, the term of the new measure shall not exceed the maximum for the custody. The time spent by the minor under custody shall be totally deducted from the term to be served under the new resolutory measure.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/rule-8-13/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Rule 8.13 - Revocation of resolutory measure
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Rule 8.13 - Revocation of resolutory measure
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(a) Whenever, in the technical judgment of the Family Relations Technician or Specialist in charge of supervising a minor, said minor has violated any of the conditions for parole, or when reasons existed to believe that the minor’s behavior is incompatible with due community security, the Prosecutor shall be notifed thereby, and the latter shall initiate proceedings for revocation of parole.
(b) The Prosecutor shall file a grounded petition for the revocation of parole before the corresponding judge.
(c) Ex parte initial interview.— Upon receiving the petition, the judge shall hold an ex parte inital interview to determine if there is probable cause to believe that the minor has been guilty of conduct that merits the revoking of the conditional measure. On concluding the interview, the judge shall issue an order for summons or detention, as he may determine.
The determination of the judge regarding apprehension or summoning during this phase shall be based, among other considerations, upon the interview with the Family Relations Specialist or Technician and the examination of the report, the seriousness of the allegedly unfulfilled conditions, the record, the behavior during parole and other pertinent circumstances. The apprehension order or summons issued during this phase shall include a relation of proceedings, a description, clear and concise, of the alleged violations to the parole conditions and the date of the initial summary hearing or of the hearing in the merits for revocation of the parole as the case may be.
If the apprehension of the minor is ordered, the minor shall be taken before the corresponding judge for an initial summary hearing within no more than seventy two (72) hours from the moment of the apprehension.
At the conclusion of the hearing the judge shall enter an order for summons or apprehension, as the case may be.
(d) Initial summary hearing.— The court shall hold an initial summary hearing in order to determine whether provisional revocation and apprehension of the minor until the hearings on the merits does lie. The minor shall be entitled to legal counsel, to be heard and to introduce evidence on his behalf. The minor shall also confront the Family Relations Specialist or Technician and any adverse witnesses available during this phase. The burden of proof shall be on the Prosecutor.
There will be an informal hearing where Rules of Evidence, App. IV of Title 32, shall apply flexibly thereto in order to retain the nature of and not to jeopardize the procedure. If the judge with whom the petition was filed deems that there is probable cause, the order of revocation of parole shall be entered and a notice of apprehension shall be served on the minor.
The court shall prepare a written succinct relation of the proceedings and the decision, with notice served on the minor parolee and the Prosecutor.
(e) Final hearing.— The court shall hold a final hearing on revocation of parole. It shall be held within thirty (30) days following the date of the initial summary hearing, except for just cause.
(1) The minor shall be notified in writing and with sufficient time of the alleged violations to probation so that he may prepare himself adequately. Subject to the provisions of Rule 10.2(b) of this appendix may confront the oral evidence against him and present evidence in his behalf.
(2) The burden of proof rests on the Prosecutor. The decision of the court, based on the preponderance of evidence, shall be given in writing and shall specify the findings of facts, the evidence that supports them, and the grounds of his resolution.
(3) The court may consolidate the initial and final hearings when the initial hearing is continued upon motion of or for reasons attributed to the minor parolee or of his attorney, or when the Prosecutor does not request or obtain the apprehension thereof. In this last case the final hearing for revocation shall be notified with not less than thirty (30) days prior to its scheduled date.
(4) The initial summary and final hearings shall be held before different judges. The final hearing may be held before the same judge who granted the parole.
(f) When the court orders the revocation of parole, it shall order the custody measure corresponding to the offense perpetrated, as provided by § 2227 of this title. The term of the parole shall not be taken into consideration.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-14/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.14 - Generally
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.14 - Generally
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In cases where the minor is held in violation of §§ 5001 et seq. of Title 9, the court may impose either the measures provided by those sections, or any of the resolutory measures provided in §§ 2201 et seq. of this title for Class I offenses.
The court, furthermore, may suspend the minor’s license to drive motor vehicles and order any other administrative measure provided in §§ 5001 et seq. of Title 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-15/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.15 - Payment of fines
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.15 - Payment of fines
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The minor shall be bound to pay any fines and the procedural costs within the term set by the court.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-16/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.16 - Nonpayment of fine
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.16 - Nonpayment of fine
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If the minor does not pay the fine, the court may apply any one of the resolutory measures established by the law for Class I offenses.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-17/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.17 - Administrative violations
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.17 - Administrative violations
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For administrative violations charged against a minor, the procedure provided by §§ 5001 et seq. of Title 9 shall be followed.
The administrative fines shall constitute a lien on the concerned vehicle, and notation thereof shall be taken by the Department of Transportation and Public Works until the fine is completely paid.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-8/subchapter-a/rule-8-18/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 8 - RESOLUTORY HEARING›Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT›Rule 8.18 - Appeal for review
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.18 - Appeal for review
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The minor to whom a ticket is issued for an administrative traffic violation may file an appeal for review under the Vehicle and Traffic Act of Puerto Rico, at the Minors’ Part corresponding to the place where the violation occurred, within the term provided in said act.
The appeal shall be served on the Advocate for Minors’ Affairs simultaneously with the date of filing. The court shall consider the appeal for review within the shortest time possible. Once the hearing is held, if the court considers that the minor did not incur the alleged violation, it shall exonerate him/her and direct the Department of Transportation and Public Works to cancel the lien on the vehicle involved or on the minor’s driver’s license, as the case may be.
History —July 27, 1996, No. 87, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-9/rule-9-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 9 - APPEAL CERTIORARI›Rule 9.1 - Review by the Supreme Court
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 9 - APPEAL CERTIORARI › Rule 9.1 - Review by the Supreme Court
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(1) Final orders and resolutions entered by the Court of First Instance pursuant to §§ 2201 et seq. of this title, known as the “Puerto Rico Minors’ Act”, may be appealed before the Circuit Court of Appeals, except when the final resolution is based upon an allegation of the minor admitting the facts, in which case only the writ of certiorari shall proceed, to be issued by the Circuit Court of Appeals, at its discretion. Interlocutory orders and resolutions may be reviewed before the Circuit Court of Appeals, through writs of certiorari filed by the minor or by the Advocate for Minors’ Affairs. The rules adopted by the Supreme Court of Puerto Rico shall govern the filing of these writs, subject to the following norms:
(a) The order or resolution shall be reviewed on behalf of the minor and by petition of the parent, guardian, person in charge, interested party, or director of the department or agency in charge of his/her custody.
(b)
(i) The appeal shall be perfected by filing a written petition therefor pursuant to the provisions of the “Judiciary Act of the Commonwealth of Puerto Rico of 2003”, §§ 24 et seq. of Title 4, within thirty (30) days following the date when the final resolution of the case was pronounced. This term is jurisdictional. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing. SEE Art. 4.06 of the Judiciary Act of 2003.
(ii) The writ of certiorari of a final resolution issued by the Court of First Instance based on the guilty plea of a minor shall be perfected by filing a writ or petition for certiorari pursuant to the provisions of the “Judiciary Act of 2003”, §§ 24 et seq. of Title 4, and within thirty (30) days following the date when the final resolution of the case was pronounced. This term is jurisdictional. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
Should any of the parties request reconsideration of the final resolution within the non-extendable term of fifteen (15) days since the final resolution was pronounced, the term to file an appeal or a writ of certiorari shall remain uninterrupted and the same shall begin to count as of the date on which notice of the resolution pronounced by the court granting the motion for reconsideration is filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(iii) The petition for certiorari to review interlocutory orders and resolutions issued by the Court of First Instance shall be perfected by filing a writ of certiorari pursuant to the provisions of the “Judiciary Act of 2003”, §§ 24 et seq. of Title 4, and within thirty (30) days following the date on which notice of the order or resolution was served. This term shall be strictly observed, except when special circumstances duly grounded in the petition for certiorari are involved. The filing of a motion for reconsideration shall not interrupt the term to file a petition for certiorari under this clause unless the Court of First Instance accepts the motion within the thirty (30) -day term provided in this subsection to file a petition for certiorari. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(iv) Notice of the writ of appeal or certiorari shall be served on the Attorney General of Puerto Rico directly, and to the Advocate for Minors’ Affairs, and, if such be the case, to the minor and the director of the public or private entity in whose charge the minor rests custody, and to any intervening party. Notice of the writ shall also be served on the appealed court or the Circuit Court of Appeals, as the case may be, depending on which court it was filed at and in accordance with the provisions of Reorganization Plan No. 1 for the Judicial Branch, approved on July 28, 1994, as amended, known as the “Judicature Act of 1994”. Failure to serve the writ to the corresponding court or to the parties shall be grounds for dismissal of the appeal.
(2)
(a) The writ of certiorari before the Supreme Court to review judgments in appeals issued by the Court of Appeals shall be filed with the Office of the Clerk of the Supreme Court within the jurisdictional term of thirty (30) days counted from the date on which a copy of the notice of the judgment appealed is filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(b) The writ of certiorari before the Supreme Court to review other final judgments or resolutions of the Court of Appeals in writs of certiorari, shall be filed with the Office of the Clerk of the Supreme Court within a term of thirty (30) days counted from the date a copy of the notice of the appealed judgment was filed in the case record. This term shall be strictly observed, and extendable only when special circumstances duly grounded in the petition for certiorari are involved. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(c) The party adversely affected by a final resolution or judgment of the Court of Appeals may file a motion for reconsideration within a non-extendable term of fifteen (15) days from the date on which a copy of the notice of the resolution or judgment is filed in the case record. The term to resort to the Supreme Court shall begin to count again on the date on which a copy of the notice of the resolution or judgment of the Court of Appeals finally resolving the motion for reconsideration was filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(3) Filing an appeal or certiorari shall not stay the effects of the order or resolution in question, unless the Supreme Court or Puerto Rico or the Circuit Court of Appeals rules otherwise.
(4) The decisions of the Supreme Court of Puerto Rico and the Circuit Court of Appeals shall omit the name and family names of the minor and all persons thus affected, and any other fact which would identify the minor or persons affected, but the letters of their name or any fictitious name may be used.
History —July 27, 1996, No. 88, § 1; Feb. 26, 2010, No. 21, § 1, eff. 30 days after Feb. 26, 2010.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.1 - Court record
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.1 - Court record
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A court record shall be kept for every minor against whom a complaint is filed, which shall consist of two (2) parts; legal and social.
In the legal part the original complaint, birth certificate of the minor, summons, resolutions entered and orders issued by the court, pleas, and whatsoever other briefs or motions related with the case shall be filed, as well as any document introduced in evidence, including expert witnesses’ reports. In the social part the reports of the family relations specialist or technician to the court on the social study and supervision of the minor shall be filed and whatsoever other evaluating reports on the minor.
The court record shall be cumulative and remain under the custody of the court clerk.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.2 - Confidentiality of record
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.2 - Confidentiality of record
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(a) The court record shall be confidential, with the sole exception regarding the provisions of Rule 4.5 of this appendix. It may be examined only by the Prosecutor, the attorney of record for the minor or the officers of the court at the place and time designated therefor.
(b) All information supplied by private persons demanding such guaranty shall be kept confidential. If the court deems necessary, it will order the Prosecutor and the defense to abstain from divulging said information to the minor, his parents or guardians inasmuch as it may be prejudicial to them, under pain of being held in contempt of court, and other disciplinary measures.
(c) The court, exercising its parens patriae powers shall also adopt cautionary measures to prevent that information potentially prejudicial to the physical and mental welfare of the minor be divulged to him, his parents, guardians or court-appointed defender.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.3 - Information on records
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.3 - Information on records
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The records shall not be subject to public inspection, except when the court so grants to officers of the General Court of Justice in official activity, or to persons of high professional or scientific reputation who demonstrate in writing the need for or interest in obtaining information for official work, research or study. The judge shall always establish the conditions under which this information may be offered.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.4 - Prosecutor and Police records; confidentiality
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.4 - Prosecutor and Police records; confidentiality
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The records of the Prosecutor and Police regarding minors shall be confidential. Said records shall be kept in files separate from the records of adults.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.5 - Removal of records between Parts
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.5 - Removal of records between Parts
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(a) The record of a minor who has been unduly prosecuted as an adult shall be removed to the Prosecutor for ulterior proceedings.
(b) Any case related to a minor shall be removed from a Minors’ Part to another if the welfare of the minor so indicates or if the minor changes his residence. The removal order shall be recorded in writing and sent to the other part together with the record. The judge of the part where the case is removed to shall, without any delay, continue its proceedings to its conclusion.
(c) If a minor on parole changes residence the court may order the removal of the record for the Minors’ Part with venue thereupon to continue the supervision of the minor.
The resolution ordering the removal shall include any additional measures deemed necessary.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-10/rule-10-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5)›Rule 10.6 - Final disposal of record
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.6 - Final disposal of record
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Documents related to minors’ cases, where no probable cause has been determined, where no offense has been perpetrated, or where complaints have been dismissed shall be destroyed, after recording pertinent data for statistical purposes only.
Once the jurisdiction of the court has ceased, the records of minors found perpetrating offenses shall be sealed and dealt with pursuant to the Rules for the Administration of the Program for Preservation and Disposal of Documents of the Judiciary.
When deviation has been granted and the court has ordered the docketing of the complaint or complaints because the stipulations may be deemed complied with, the documents concerning said deviation and services rendered shall be kept in the court record of the minor in order that they may be considered as part of the social record of said minor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-11/rule-11-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES›Rule 11.1 - Stenographic transcript or recording
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.1 - Stenographic transcript or recording
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The proceedings before the court shall be taken either by shorthand or tape recording. No other recordings of the proceedings shall be allowed, except by the attorney of the minor and the Prosecutor for the sole purpose of adequate preparation of their case.
Shorthand notes and/or recording of proceedings shall remain under custody of the clerk who will not allow their examination without prior authorization of the court.
The transcription of shorthand notes or recordings may be done only when ordered by the appellate court.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-11/rule-11-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES›Rule 11.2 - Register of complaints
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.2 - Register of complaints
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The clerks of each part of the court shall keep a Register of Complaints log where they shall enter all complaints and proceedings concerning minors. The Courts Administrative Director shall establish form and style of said register. Each complaint shall be numbered in the corresponding consecutive order of filing. The documents filed, the court orders, services, appearances, and resolutions shall be entered chronologically.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-11/rule-11-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES›Rule 11.3 - Minutes
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.3 - Minutes
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The clerk of the court shall keep a minutes book where he shall enter a brief summary of the proceedings in each case, taking note of their date, number of the complaint, the name of the minor and the determinations of the judge. This book shall be strictly confidential and shall remain always under the clerk’s custody.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.1 - Summons; persons who can issue it
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.1 - Summons; persons who can issue it
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Any summons for a hearing shall be issued by the clerk of the court or by the judge on behalf of the People of Puerto Rico and shall require that any person to whom it is addressed shall appear before the court on the date, hour and place specified in the summons, under admonition of contempt of court. The judge may summon any person in open court.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.2 - Summons
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.2 - Summons
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Summons requiring appearance of witnesses for hearings on complaints shall be given to marshalls or officers of the court for service thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.3 - Service
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.3 - Service
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Summons shall be served at least with reasonable time in advance of the date of the appearance in court.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.4 - Procedure and proof thereof
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.4 - Procedure and proof thereof
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The person in charge of service of summons shall deliver a copy thereof to the person to whom it is addressed, shall record in the summons his signature, date and place of service. Minors and his parents or any other persons in charge of minors shall be served personally.
If the person to whom the summons is addressed could not be located, the summons may be served at his domicile or residence, on any person of sufficient age and discretion residing there with instructions of making it reach the person to whom it is addressed.
The server of the summons shall file with the clerk of the court the certification of service no later than the day prior to the hearing.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.5 - Other forms; by mail and telephone
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.5 - Other forms; by mail and telephone
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When the minor does not reside with his parents, the latter may be summoned by registered mail with receipt acknowledged if their address is known.
Judges and clerks may order summons by telephone.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.6 - Noncompliance; effects
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.6 - Noncompliance; effects
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If the summoned person does not appear in court without just cause, or fails to present the minor before court, said person may be held in contempt of court. The court may issue an order for the arrest thereagainst and for the detention of the minor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-12/rule-12-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS›Rule 12.7 - Notice of resolutions and orders
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.7 - Notice of resolutions and orders
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Every resolution entered or order issued shall be notified to the affected party or the attorney of record thereof, if there is one. Service of notice shall be done by delivering a copy thereof to the party of the attorney or mailing it to his last known address. Notice may also be served at the usual residence or domicile of the person to whom it is addressed, in the hands of a person of sufficient age and discretion who resides there, with instructions to deliver it to the person to whom it is addressed.
When a resolution or order is addressed to a minor, notice shall be served delivering it to the minor and his parents, guardians, attorney or court-appointed defender. If they refuse to receive it, it shall be recorded in the service and the notice shall be deemed validly served. It shall also be served on the head of the public or private body where the minor has been placed by the judge, the director of the institution where the minor resides or any other party interested in the welfare of the minor when so ordered by the judge.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.1 - Search warrant; requirements; form and contents
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.1 - Search warrant; requirements; form and contents
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No search or inspection warrant shall be issued against a minor, unless it is pursuant to a sworn statement given before a judge under oath or attesting thereto, which establishes the facts that served as grounds to issue it. If, from the sworn statement and the examination of the deponent, the judge is convinced that there is probable cause for the search or inspection, he shall issue the warrant in which he shall name or describe, in detail, the person or the place to be searched and the things or property that shall be seized. The warrant shall state the grounds for the issuing thereof and the name of the persons on whose sworn statement it is grounded, he shall direct the official to whom it is addressed to immediately search the person or place indicated therein, to seize the property specified, and return the served order to the judge, together with the property seized. The warrant shall be executed during the daytime hours, unless the judge, due to reasons of necessity and urgency, provides that the same be executed at any time of the day or night.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.2 - Serving of search warrant
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.2 - Serving of search warrant
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The search or inspection warrant shall be carried out and returned served within ten (10) days following the date it is issued. The official shall give the person whose property is seized or who is in possession thereof, a copy of the warrant and a receipt for the property seized or shall leave said copy and receipt in the place where he seized the property. The serving shall include a written inventory of the property seized made in the presence of the person who requested the warrant, and of the person at whose house or place the property was seized, if said persons were present; if any one of these persons were not present it shall be done in the presence of a trustworthy person. The inventory shall be sworn by the person serving it. By petition of the person who requested the search or inspection, or of the person whose property was seized, the judge shall hand them a copy of the inventory.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.3 - Revision of a served search warrant
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.3 - Revision of a served search warrant
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The judge to whom a served search or inspection warrant has been returned shall attach to the order a copy of the service, the inventory of the property seized, the sworn statements and any other documents related to the warrant and the property seized. The judge shall remit all of this to the Prosecutor.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.4 - Limitations
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.4 - Limitations
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Every action charging an offense shall be initiated within the times established by the corresponding statute establishing limitation for the alleged perpetration.
Every procedure where a minor is charged with an offense should be initiated within the term of statute of limitations established by §§ 3000 et seq. of Title 33 and special statutes which typify the alleged behavior.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.5 - Terms; computation
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.5 - Terms; computation
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Every term prescribed or granted by those rules or by order of the Court shall be governed by Rule 68.1 of Civil Procedure, App. III of Title 32. Terms may be shortened or extended for just cause.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.6 - Right to counsel
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.6 - Right to counsel
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In every procedure, the minor shall have the right to be represented by counsel and, if lacking economic means therefor, the court shall appoint one for him.
In every procedure pursuant to these rules, the minor must appear with his parents, guardians, or his court-appointed defender.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.7 - Notice to the minor
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.7 - Notice to the minor
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In every occasion when these rules require serving notices on the minor, said service may be done through his attorney.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.8 - Waiver of constitutional rights
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.8 - Waiver of constitutional rights
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Waiver of constitutional rights by the minor shall not be admissible unless his parents, or guardians, or court-appointed defender and his attorney are present. Said waiver by the minor shall be openly expressed and the judge must ascertain that it is done freely, knowingly, and that the minor and his parents are aware of the consequences of such waiver. Nevertheless, the presence of the attorney shall not be required for the waiver of the right to legal representation.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-9/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.9 - Public at the hearings and interviews with social worker and other expert witnesses
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.9 - Public at the hearings and interviews with social worker and other expert witnesses
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The public shall not be admitted to the courtrooms where minors’ proceedings are being conducted, unless the parents, guardians, or the court-appointed representative consent in the publicity thereof, and, in any case, pursuant to the governing rulings of the court. The court shall allow admission to the courtroom to persons who prove to have a ligitimate interest in the matters being processed.
Neither the Prosecutor nor the attorney representing the minor may be present during the interviews of the latter, his relatives or guardians with the social worker or with any other professionals in the area of human or medical behavior.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-10/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.10 - Judges
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.10 - Judges
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The judges of the Court of First Instance and the municipal judges shall be empowered to issue warrants of arrest against a minor, as well as to order his provisional detention, or that he remains in the custody of his parents or guardians pursuant to the provisions of Rule 2.9 of this appendix and to determine probable cause and to intervene in the procedures provided by Rules 2.10, 2.11, 2.13, 2.14, 2.15, 6.6 and 13.1 of this appendix. They may also intervene in the procedures of the initial ex parte interview and an initial summary hearing on the revoking of the dispositive measure provided in Rule 8.13 of this appendix.
History —June 19, 1987, No. 33, p. 105, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-11/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.11 - Contempt of court
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.11 - Contempt of court
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The courts, in the discharge of their functions pursuant to these rules and §§ 2201 et seq. of this title, shall enforce their rulings, resolutions and orders by means of their power of holding in contempt of court and penalizing therefor.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-12/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.12 - Proceedings not covered by these rules
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.12 - Proceedings not covered by these rules
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In all cases where there is no specific procedure provided for, the court shall regulate the proceedings in a form compatible with these rules and §§ 2201 et seq. of this title.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/i-a/chapter-13/rule-13-13/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›I-A - Rules of Procedure for Minors’ Matters (§ 10.5)›Chapter 13 - GENERAL PROVISIONS›Rule 13.13 - Effectiveness
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.13 - Effectiveness
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These rules shall take effect once all the required steps provided by § 6 of Art. V of the Commonwealth of Puerto Rico Constitution, preceding Title 1, are fulfilled.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-i/rule-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 I - TITLE EFFECTIVENESS AND CONSTRUCTION›Rule 1 - TITLE AND CONSTRUCTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION › Rule 1 - TITLE AND CONSTRUCTION
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These rules shall be known and cited as “Rules of Criminal Procedure.” They shall be construed to secure the just determination of every proceeding and the elimination of unjustifiable delay and expense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-i/rule-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 I - TITLE EFFECTIVENESS AND CONSTRUCTION›Rule 2 - APPLICATION AND EFFECTIVENESS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION › Rule 2 - APPLICATION AND EFFECTIVENESS
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The rules shall govern the procedure in the General Court of Justice of the Commonwealth of Puerto Rico in all proceedings of a criminal nature brought on or after the date in which they shall become effective, and in all proceedings then pending as long as their application is feasible and will not impair the substantial rights of the accused.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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 II - PRELIMINARY PROCEEDINGS›Rule 3 - MAGISTRATES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 3 - MAGISTRATES
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A magistrate is an officer having power to issue a warrant of arrest against a person charged with an offense. Magistrates are: the justices of the Supreme Court, the judges of the Court of First Instance, the judges of the District Court and the justices of the peace.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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 II - PRELIMINARY PROCEEDINGS›Rule 4 - ARREST; DEFINITION; HOW IT SHALL BE DONE AND BY WHOM; VISIT OF COUNSEL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 4 - ARREST; DEFINITION; HOW IT SHALL BE DONE AND BY WHOM; VISIT OF COUNSEL
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An arrest is the taking of a person into custody in the cases and in the manner authorized by law. It may be made by a peace officer or by a private person. An arrest shall be made by an actual restraint of the person of the defendant or by his submission to the custody of an officer. The defendant shall not be subjected to more restraint than is necessary for his arrest and detention, and he shall have the right to communicate with or to be visited by counsel or his closest relative.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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 II - PRELIMINARY PROCEEDINGS›Rule 5 - THE COMPLAINT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 5 - THE COMPLAINT
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The complaint is a signed and sworn written statement of an offense charging a person or several persons with the commission of an offense. Any person having personal knowledge of the facts that constitute the offense charged in the complaint shall have standing to be the complainant. The prosecutors and members of the State Police in all cases, and other officers and public employees in cases related to the performance of their duties and functions, may nevertheless sign and swear to complaints when the facts constituting the offense are known to them by information and belief.
Likewise, the prosecutor may file a John Doe complaint against a person whose real name or identity is unknown, but there is biological evidence of his/her genetic or deoxyribonucleic acid (DNA) profile. The complaint shall be the basis to determine probable cause to arrest or summon a person who has been identified by means of a fictitious name and genetic or deoxyribonucleic acid (DNA) profile. Such complaint shall be amended as soon as the identity of the defendant has been established by means of the genetic or deoxyribonucleic acid (DNA) profile and shall constitute the formal indictment until a preliminary or appeal hearing is held. In these cases, the statute of limitations of the crime, as established in the Penal Code of Puerto Rico, shall not begin to run until such identity is established, the complaint has been amended to reflect the defendant’s real name or alias, and probable cause for arrest or summon has been determined.
The foregoing shall only apply in cases where biological evidence of the genetic or deoxyribonucleic acid (DNA) profile has been obtained at the crime scene.
History —June 19, 1987, No. 29, p. 91, § 1, eff. 60 days after June 19, 1987; Dec. 30, 2010, No. 252, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 6 - ARREST WARRANT ON A COMPLAINT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 6 - ARREST WARRANT ON A COMPLAINT
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(a) Issuance of the warrant.— If the sworn complaint or one or more affidavits filed with the complaint, or the examination under oath of the petitioner or his/her witnesses, if any, establish probable cause to believe that an offense has been committed and that the defendant or defendants committed it, the magistrate must issue an arrest warrant for the defendants, except as provided in Rule 7(a). The Prosecuting Attorney shall have discretion to file charges in absentia against any defendant when he/she deems that there are justifying circumstances, except: (a) when the defendant notifies whether personally or through his/her legal representative that he/she is willing to appear at the Rule 6 hearing or the appeal thereof at the time and date set by the prosecutor; (b) when the defendant is detained and under state or federal custody in a penal institution; (c) when the work or home address of a defendant is available where he/she can be personally notified of the charges filed against him/her. The court shall evaluate the justification of the Prosecuting Attorney to file in absentia before making a determination. However, the magistrate shall show due deference to the Prosecuting Attorney’s determination that there are justifying circumstances to file charges in absentia. The finding of probable cause may be based on hearsay or belief, in whole or in part, provided there is substantial basis to believe that the hearsay or belief is credible. When more than one person is involved, the magistrate may issue a warrant of arrest for each one of them. The magistrate shall state in the complaint the name of the persons examined by him/her to determine probable cause.
The magistrate may also determine that there is probable cause to believe that an offense has been committed without the need of filing a complaint before him when he has examined under oath a witness or witnesses that have personal knowledge of a criminal act. In such cases, the magistrate, in addition to the issuance of the warrant of arrest or summons, shall draw up a brief and concise minutes in which he expresses the facts of the offense for which he determined probable cause, the date, time and place they were committed, the offense charged and the name and address of the witness or witnesses examined by him under oath to determine probable cause.
In this determination of probable cause, the defendant shall be entitled to legal counsel, to cross-examine the witnesses against him and to introduce evidence in his favor.
Any magistrate may issue a warrant of arrest against a person charged with the commission of an offense, even though the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In such case, after issuing the warrant of arrest and complying with the preliminary procedures established in these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.
(b) Form and requirements of warrant of arrest.— The warrant of arrest shall be issued in writing in the name of The People of Puerto Rico and shall contain the signature and the official title of the magistrate by whom it is issued, and addressed to one, several or any peace officer to be executed. It shall direct the arrest of the person or persons against whom the offense is charged and that, once they have been arrested, they shall be brought without unnecessary delay before a magistrate, as provided by Rule 22(a). The warrant shall also describe the offense alleged in the complaint and shall contain the name of the person or persons to be arrested and, if the names are unknown, it shall designate the said persons by the most adequate description possible by which they can be identified with reasonable certainty. The warrant shall also set forth the date and place of its issuance and the amount of the bail fixed by the issuing magistrate.
(c) If, from the sworn complaint or of the sworn statement or statements submitted with it, or from the examination under oath of the complainant of his witnesses, if any, the magistrate should determine the nonexistence of probable cause, no complaint or accusation may be submitted. In such case, or when the determination of probable cause were for a lesser offense or different from that which the prosecutor finds is in order, he may submit the matter once again with the same or other evidence to a magistrate of a higher rank of the Court of First Instance. The magistrate, once he has said petition before him, shall promptly issue or direct the clerk of the court to serve a summons to the defendant as well as to the witnesses of the charges of record which shall be served by the marshalIs of the court or their delegates.
History —Feb. 8, 1966; July 9, 1986, No. 80, p. 259, § 1; June 19, 1987, No. 29, p. 91, § 2; Dec. 8, 1990, No. 26, p. 1516, § 1; Dec. 27, 2011, No. 281, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-6-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule § 6.1 - EXECUTION OF BAIL PENDING SENTENCE; WHEN REQUIRED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule § 6.1 - EXECUTION OF BAIL PENDING SENTENCE; WHEN REQUIRED
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The freedom of the persons arrested for an offense shall not be unnecessarily restricted before they are convicted.
(a) In misdemeanor cases.— In every misdemeanor where there is no right to trial by jury nor are crimes of a violent nature, it shall not be necessary to post bail or impose conditions or a determination of a deferred bail in order to remain free provisionally until judgment is pronounced. Any offenses committed that involve the use, the attempt to use, or threat to use physical force against a person or property shall be deemed to be of a violent nature. In the case of exempted misdemeanors the magistrate shall impose bail only if the prosecution so requests, taking into consideration the criteria established in Rule 218(b) of this appendix. In any case in which the magistrate, motu proprio or upon petition of the prosecution, determines that circumstances of public order or interest are present, conditions pursuant to Rule 218(c) of this appendix may be imposed.
The prosecution shall request the posting of a bond or the imposition of conditions pursuant to Rule 218 of this appendix in every case in which the person arrested has been convicted previously for a felony or for three (3) misdemeanors or is a nonresident of Puerto Rico.
(b) In felonies or misdemeanors where there is the right to trial by jury. In every case of felony or misdemeanor where there is the right to trial by jury, the magistrate shall order the release of the defendant awaiting sentencing upon the execution of a bail bond. The magistrate may order the release of a defendant on personal recognizance, in custody of a third party, on deferred bail, or on a condition or combination of conditions, as deemed pertinent by the magistrate, when the case so warrants. The court may impose, modus proprio or at the request of the Prosecuting Attorney, certain conditions pursuant to Rule 218(c). However, in the case of those persons charged with any of the following felonies, as classified in the Puerto Rico Penal Code and other special laws, to wit: murder, kidnapping; aggravated kidnapping; child abduction; aggravated robbery; aggravated arson; use of a minor for child pornography; intentional poisoning of waters for public use; sexual assault; intentional child abuse, as provided in § 4506 of Title 8, supra, or a similar successor law; § 2401 of Title 24, specifically when the transaction involves half a kilogram (1.1 pounds) or more of cocaine or heroin, or one kilogram (2.2 pounds) or more of marihuana, and § 2405 on Distribution to Persons Under the Age of Eighteen (18); § 2408 on Ongoing Criminal Venture; and §§ 4111a et seq. of Title 24 on the Introduction of Drugs in Schools and Institutions; the following Sections of the Weapons Act: § 456m on Assault Weapons, § 458 on Manufacturing, Import, Sale, and Distribution of Weapons, § 458b on Automatic Firearms Trade, § 458f on Illegal Possession or Use of Automatic Weapons or Shotguns, § 458g on Possession or Sale of Silencing Devices, § 458h on Facilitation to third parties, and § 458i et seq. of Title 25 on the Effacement or Mutilation of the Serial Number or the Name of the Owner of a Firearm; violations of the provisions of §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, involving serious bodily harm, and those felonies involving the use of any type of weapon, as these are defined in §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act”, the court, besides setting the corresponding bail, shall, impose the condition that the person charged be subject to electronic monitoring and to those other conditions listed under Rule 218(c) of these rules, pursuant to the procedure established therein.
In the event that a defendant is charged with any of the offenses listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize a deferred bail. In the event of a finding of probable cause for the arrest of a defendant in absentia, the bail set by the magistrate may only be modified through a motion under Rule 218.
(c) At any time that the circumstances warrant it, the magistrate or the court may require the posting of bail, revoke or modify a determination of freedom under his/her own recognizance, or in custody of a third party, revoke or modify the granting of freedom under deferred bail, or impose conditions, as well as revoking or modifying conditions that were previously imposed, pursuant to Rule 218(c) of this appendix before the conviction of any person who is free, whether he/she has posted bail or not.
(d) If the person who has been set free without posting bail should not appear and he is detained outside of Puerto Rico, it shall be deemed that he has waived his challenge of extradition.
(e) Posting bail shall not be admitted, nor a determination of freedom under his/her own recognizance, freedom in custody of a third party nor deferred bail shall be made, with regard to persons who have been charged with a crime who are outside of Puerto Rico’s jurisdiction. Neither shall conditions be imposed nor shall bail be admitted, nor shall a determination of freedom under his/her own recognizance, in custody of a third party, nor deferred bail be admitted, with regard to a person who has been charged but has not been arrested, nor has appeared before a magistrate, to be informed of the crime or crime he/she has been charged with or accused of pursuant to the procedure established in Rule 22 of this appendix.
(f) In every case the magistrate shall require the evaluation, report and recommendations of the Office of Pretrial Services concerning every person charged with an offense before making a determination as to bail, deferred bail, being released on his/her own personal recognizance or being released under the custody of a third party.
In all cases in which there is an accusation of having committed any of the crimes listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize deferred bail. In the event that probable cause for arrest is found in the absence of the accused, the bail set by the magistrate may only be modified through a motion under Rule 218.
History —Added on Feb. 8, 1966; June 22, 1966, No. 100, p. 322, § 1; Mar. 30, 1984, No. 5, p. 16; June 5, 1986, No. 39, p. 103, § 1; July 20, 1989, No. 30, p. 103; Dec. 6, 1993, No. 105, § 1; Aug. 13, 1994, No. 82, § 1; Dec. 1, 1995, No. 230, § 1; Dec. 24, 1995, No. 245, § 1; Mar. 13, 2003, No. 85, § 1; June 3, 2004, No. 133, § 5; June 3, 2004, No. 134, § 1; Sept. 15, 2004, No. 317, § 1; Dec. 22, 2009, No. 190, § 1; Dec. 27, 2011, No. 281, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-7/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 7 - SUMMONS BY A MAGISTRATE OR PUBLIC OFFICER
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 7 - SUMMONS BY A MAGISTRATE OR PUBLIC OFFICER
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(a) Summons.— A summons may be issued instead of a warrant if the magistrate taking the complaint or who has examined a witness who has personal knowledge of the facts has good reason to believe that the person will appear in response thereto, or if the defendant is a corporation. More than one summons may be issued for a single offense charged. In those cases in which a public officer may arrest a person without a warrant from a magistrate, said officer may, if the offense is a misdemeanor, summon the defendant in writing and under his signature to appear before a magistrate instead of arresting him. The summons shall inform the defendant that if he fails to appear a warrant of arrest will be issued against him.
Any magistrate may issue a summons against a person charged with the commission of an offense even when the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In said case, after issuing the corresponding summons and complying with the preliminary procedures established by these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.
(b) Procedure if the defendant fails to appear after summons.— If a person who has been duly summoned fails to appear, or if there is reasonable cause to believe that he will fail to appear, a warrant to arrest him shall issue. If the defendant is a corporation and it fails to appear after having been duly summoned, this fact shall be set forth in the record and the proceeding may continue as though the corporation had appeared.
(c) Form and requirements of the summons.— Except as provided in subsection (a) of this rule, the summons shall be issued in writing in the name of the People of Puerto Rico and shall be signed by a magistrate. It shall require the defendant mentioned therein to appear before the magistrate who took notice of the complaint, stating the date, time, and place and shall inform the defendant that if he fails to appear as required a warrant shall issue for his arrest. If the defendant is a corporation it shall be given notice that if it fails to appear, proceedings shall continue pursuant to the provisions of subsection (b) of this rule.
History —June 19, 1987, No. 29, p. 91, § 3, eff. 60 days after June 19, 1987.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-8/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 8 - ARREST WARRANT OR SUMMONS: EXECUTION OR SERVICE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 8 - ARREST WARRANT OR SUMMONS: EXECUTION OR SERVICE
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(a) Persons authorized.— The arrest warrant or summons may be executed or served by the Marshall of any section or part of the General Court of Justice or by any law enforcement officer or any other official authorized by law.
(b) Territorial limits.— The warrant or summons may be executed or served anywhere within the jurisdiction of the Commonwealth of Puerto Rico or outside of the Commonwealth of Puerto Rico when the treaties or agreements ratified by the United States of America so allow.
(c) Manner.— The warrant of arrest shall be executed by the arrest of the defendant or defendants. The officer need not have the warrant in his possession at the time of the arrest. If he has it, he shall show it to the defendant at the time of the arrest; if he does not have it, he shall inform the defendant of the offense charged and of the fact that a warrant for his arrest has been issued. Upon request he shall show the warrant to the defendant as soon as possible.
The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode, or by mailing it to the defendant’s last known address with acknowledgment of receipt. If the defendant is a corporation, service of the summons shall be made personally on one of its directors or officers or a resident agent, or by mailing it with acknowledgment of receipt.
(d) Return.— The officer executing a warrant of arrest shall make a return thereof to the magistrate before whom the defendant is brought, as provided by Rule 22.
The officer serving a summons shall make a return thereof and of the manner in which it was served by means of certification to that effect. In the cases where the summons were served by mail, the receipt thereof shall also be included.
History —Sept. 15, 2004, No. 317, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-9/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 9 - DEFECTIVE WARRANT OF ARREST OR SUMMONS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 9 - DEFECTIVE WARRANT OF ARREST OR SUMMONS
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(a) Effects; amendments.— No person arrested under a warrant or appearing before a magistrate in response to a summons shall be discharged from custody or dismissed because of any informality in the warrant or summons. The magistrate may correct such informality by amendment.
(b) Filing of a new complaint or issuance of a new warrant or summons.— If when a defendant arrested under a warrant or appearing in response to a summons is brought before the magistrate, it appears that the complaint or the warrant or the summons does not properly name or describe the defendant or the offense with which he is charged, but there are reasonable grounds to believe that the defendant has committed the offense or some other offense, the magistrate shall not discharge or dismiss the defendant, but shall forthwith cause a new complaint to be filed and shall thereupon issue a new warrant or summons as may be appropriate.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-10/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 10 - ARREST; WHEN IT CAN BE DONE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 10 - ARREST; WHEN IT CAN BE DONE
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The arrest warrant may be served at any time of the day or night, except in the case of a misdemeanor or felonies in the fourth degree in which case the arrest may not be made at night unless the magistrate who issued the warrant so authorizes in the warrant proper.
History —June 19, 1987, No. 29, p. 91, § 4; Sept. 15, 2004, No. 317, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-11/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 11 - ARREST BY PEACE OFFICER
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 11 - ARREST BY PEACE OFFICER
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A peace officer may arrest a defendant without the corresponding warrant:
(a) When he/she has reasonable grounds to believe that the person about to be arrested has committed the offense in his/her presence. In this case, the arrest shall be made immediately or within a reasonable time after the commission of the offense. Otherwise, the officer shall request that a warrant of arrest be issued.
(b) When the defendant has committed a felony, although not in the officer’s presence.
(c) When he/she has reasonable cause for believing that the person about to be arrested has committed a felony, regardless of whether or not said offense was in fact committed.
For the purposes of these rules, a peace officer shall be the person in charge of protecting life and property and maintaining public order and safety. This includes, but is not limited to any member of the Puerto Rico Police Department and the Municipal Police, agents of the Special Investigations Bureau of the Department of Justice, and Court Marshals.
Any public, state or federal employee with the express authority of law to make arrests as part of performing his/her special duties and responsibilities shall also be considered a peace officer in a limited capacity.
History —Apr. 16, 2010, No. 43, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-12/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 12 - ARREST BY PRIVATE PERSON
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 12 - ARREST BY PRIVATE PERSON
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A private person may arrest another:
(a) For an offense committed or attempted in his presence. In this case the arrest shall be made immediately.
(b) When a felony has been in fact committed, and he has reasonable cause for believing that the person arrested committed it.
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