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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 13 - ARREST; INFORMATION TO PERSON ARRESTED
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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 13 - ARREST; INFORMATION TO PERSON ARRESTED
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The person making an arrest shall inform the defendant of the intention to arrest him, of the cause for the arrest and of the authority to make it, except when the person making the arrest has reasonable cause for believing that the defendant is committing or attempting to commit an offense, or when the defendant is pursued immediately after the commission of the offense or after an escape, or when the defendant resists before the officer is able to inform him, or when there is a danger that if the information is given, the arrest may not be made.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 14 - ARREST; ORAL ORDER
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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 14 - ARREST; ORAL ORDER
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A magistrate may orally order a peace officer or a private person to arrest anyone committing or attempting to commit an offense in the presence of such magistrate.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 15 - ARREST; SUMMONING OF AID
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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 15 - ARREST; SUMMONING OF AID
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Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 16 - ARREST; LAWFUL MEANS TO MAKE IT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 16 - ARREST; LAWFUL MEANS TO MAKE IT
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When the arrest is made by an officer under the authority of a warrant, or without a warrant, for a felony committed in his presence, if after informing the person to be arrested of the intention to make the arrest, said person flees or forcibly resists, the officer may use all the means necessary to effect the arrest.
To make an arrest under any other circumstances, any officer or private person may use all necessary means, except that he shall not inflict grave bodily injury.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-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)›II - Rules of Criminal Procedure (§ 173)›Chapter II - PRELIMINARY PROCEEDINGS›Rule 17 - ARREST; RIGHT TO FORCIBLE ENTRANCE
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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 17 - ARREST; RIGHT TO FORCIBLE ENTRANCE
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To make an arrest, a private person if the offense is a felony, and a public officer in all cases, may break open any door or window of the house in which the person to be arrested is, or in which they have reasonable ground for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-18/
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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 18 - ARREST; FORCE WHEN DETAINED
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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 18 - ARREST; FORCE WHEN DETAINED
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Any person who has lawfully entered a house for the purpose of making an arrest therein, may break open any door or window if he has been detained therein, when necessary for the purpose of liberating himself, and a peace officer may do the same to free a person who has lawfully entered a building with the purpose of making an arrest and has been detained therein.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-19/
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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 19 - ARREST; DISARMING PERSON ARRESTED; DISPOSAL OF WEAPONS
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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 19 - ARREST; DISARMING PERSON ARRESTED; DISPOSAL OF WEAPONS
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Any person making an arrest may take from the person arrested all the weapons which he may have about his person, and must deliver them to the magistrate before whom the defendant is taken. In the case where the arrest is made by a private person who delivers the person arrested to a peace officer as provided by Rule 22(a), said person shall deliver to the officer the weapons he may have seized, and the latter shall deliver them to the magistrate before whom the defendant is taken.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-20/
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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 20 - ARREST; TRANSMISSION OF WARRANTS
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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 20 - ARREST; TRANSMISSION OF WARRANTS
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By means of a handwritten endorsement on an arrest warrant, any magistrate may authorize the transmission of said warrant by telephone, teletype, radio-telephone, facsimile or any other electronic means of communication, and as of that moment, a copy of the arrest warrant shall have to be remitted to every law enforcement officer to whom said warrant was transmitted. Said copies shall be fully valid, and the officers that receive them shall proceed with them in the same way as if they had an original arrest warrant.
The magistrate who issues copies of an arrest warrant for the transmittal thereof, shall certify to its exactness with the original, and shall send a copy of the arrest warrant and the endorsement placed thereon to the office from which said copies are to be transmitted, stating on the original the action taken by him/her.
History —Jan. 10, 1999, No. 31, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-21/
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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 21 - ARREST AFTER ESCAPE
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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 21 - ARREST AFTER ESCAPE
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If an individual under arrest or under custody escapes or is rescued, the person in charge of his custody shall pursue him diligently and take him at any time and in any place, and to do so he may use the same means authorized to make an arrest.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-22/
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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 22 - PROCEEDINGS BEFORE THE MAGISTRATE
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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 22 - PROCEEDINGS BEFORE THE MAGISTRATE
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(a) Appearance before the magistrate.— A peace officer making an arrest under a warrant shall take the person arrested before the nearest available magistrate without unnecessary delay. Any person making and arrest without a warrant shall take the person arrested before the nearest available magistrate without unnecessary delay, and if the person making the arrest without a warrant is a private person, he may deliver the person arrested to any peace officer who shall, in turn, take the person arrested without unnecessary delay before a magistrate as provided in this rule. When an arrest is made without a warrant and is brought before a magistrate, the procedures provided in Rules 6 and 7 of this appendix shall be followed, as it may correspond.
(b) Duties of the magistrate; notices.— The magistrate shall inform the person arrested or who has appeared in response to a summons, of the contents of the complaint or charges filed against him/her, of his/her right to communicate with his/her closest relative or with counsel, and to obtain his/her services, and of his/her right to a preliminary hearing if the offense charged against him/her is a felony. The magistrate shall also inform the person that he/she is not bound to make any statement and that any statement made by him/her may be used against him/her. The magistrate shall impose conditions or admit bail, with or without conditions, as provided in these rules, or shall make the corresponding determinations in those cases where the persons charged with an offense have submitted voluntarily to the supervision of the Office of Pretrial Services for its evaluation, report and recommendations on their cases. In the event the person arrested fails to comply with the conditions imposed, or does not post bail, the magistrate shall order his/her imprisonment. In the case of an accused person who remains free under deferred bail, under his/her own recognizance, in custody of a third party or conditional release, and fails to comply with the conditions imposed, the magistrate shall revoke the determination of deferred bail and shall order the posting of bail, with or without conditions; and, in the event the accused person fails to post bail, the magistrate shall order his/her imprisonment.
(c) Statements in the warrant of arrest or summons; remittance.— The magistrate shall set forth on the warrant of arrest or summons the appearance of the defendant and the warnings made to him/her, and in the case of a felony, if such is the case, the fact that said person cannot obtain counsel to assist him/her at the trial or at the preliminary hearing.
In such cases, the magistrate shall determine cause for the arrest for a felony, summon the defendant without legal representation to a conference before the preliminary hearing within two weeks of the arrest. To said conference, if the defendant is imprisoned, the Corrections Administration shall transport him/her to the court in order to make the arrangements for legal representation. The Courts Administration shall provide its facilities so that officials of the legal aid programs may interview him/her and certify his/her indigence before assuming his/her defense. If he/she cannot be represented by any of the programs and the court certifies that said inmate does not have the resources to retain counsel, the court shall then appoint one.
The magistrate shall remit the complaint, the decree in those cases in which the same was drawn up and the warrant of arrest or summons to the corresponding section and part of the Court of First Instance where further proceedings shall be held as provided by these rules.
History —Feb. 8, 1966; June 22, 1966, No. 100, p. 322, § 1; June 5, 1986, No. 39, p. 103, § 2; June 19, 1987, No. 29, p. 91, § 5; Dec. 8, 1990, No. 26, p. 1516, § 2; Dec. 24, 1995, No. 245, § 2; Sept. 2, 2000, No. 376, § 1, eff. 30 days after Sept. 2, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-23/
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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 23 - PRELIMINARY HEARING
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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 23 - PRELIMINARY HEARING
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(a) When it shall be held.— A preliminary hearing shall be held in all cases in which a person is charged with the commission of a felony. In those cases he shall be summoned for that hearing at least five (5) days before it is held. In the cases in which it appears according to Rule 22(c) of this appendix that the person cannot obtain assistance of counsel, the corresponding magistrate shall assign counsel to defend him, and his name shall be set forth in the summons for the preliminary hearing. The magistrate shall communicate said appointment to counsel.
(b) Waiver.— After a person has been summoned, he may waive his right to a preliminary hearing by a written statement signed by him and submitted to the magistrate before the commencement of the hearing or personally at any moment during the celebration thereof. If the person waives [a] preliminary hearing or does not appear thereat after having been duly summoned, the magistrate shall forthwith hold him to answer for the commission of an offense before the appropriate part of the Court of First Instance.
(c) Procedure during the hearing.— The hearing shall begin with the presentation of evidence by the Prosecuting Attorney. The latter shall make available to the defendant the sworn statements of any witnesses who have testified at the hearing. The defendant may cross-examine witnesses and introduce evidence on his/her own behalf. When determining probable cause, the court shall consider if the evidence introduced by the Prosecuting Attorney is admissible in court based on the elements of the offense and the connection of the defendant with the offense. In no case shall it be obligatory to submit forensic expert reports. Notwithstanding the foregoing, if said reports, certificates, or sworn statements of forensic experts or law enforcement officers were to be submitted, the testimony of forensic experts or law enforcement officers shall not be required at the hearing, and this shall not preclude the defendant from confronting them during the trial, in the event of a finding of probable cause. If, in the opinion of the magistrate, the evidence shows that there is a probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith order that the defendant be detained to be prosecuted for the commission of the offense in the appropriate Part and Division of the Court of First Instance; otherwise, it shall be determined that there is no probable cause and the defendant shall be released. The magistrate may order the defendant to continue to be released on bail or deferred bail, personal recognizance, in custody of a third party, or on a condition or combination of conditions that were imposed by a magistrate when the arrest was made, or may modify them or make a determination in accordance with Rule 218(c) to order the release of the defendant on bail, deferred bail, personal recognizance, in custody of a third party or on a condition or combination of conditions, if not previously ordered and if, in the opinion of the magistrate, it is so warranted. Notwithstanding the foregoing, the magistrate shall not modify the bail set or the determination of release on deferred bail, personal recognizance, in custody of a third party, or a condition or combination of conditions imposed by a magistrate of a higher rank, unless in the preliminary hearing probable cause is found for a lesser offense than the offense with which the defendant was originally charged. After the proceeding before him/her concludes, the magistrate shall forthwith deliver to the clerk of the appropriate Part and Division of the Court of First Instance the file related to the proceeding, including any bail posted. The file shall include the time and place of the preliminary hearing, the persons appearing, and the magistrate’s finding.
Preliminary hearings shall be held publicly, unless the magistrate determines, upon the defendant’s request, that a public hearing involves a substantial probability of impairing his/her constitutional right to a fair and impartial trial, and there are no other less encompassing and reasonable options available than to hold a private hearing, in order to dissipate such probability. In such cases, the decision of the magistrate shall be based on precise and detailed grounds.
Access to a preliminary hearing shall also be limited when the magistrate determines, upon a request to such effects, that such limitation is needed to protect any other pressing interest and there are no other less encompassing and reasonable options. The decision of the magistrate shall be based on precise and detailed grounds.
It is hereby provided that the magistrate shall limit access to a preliminary hearing, upon the prosecution’s request, in those cases in which he/she wishes to present the testimony of an undercover agent or an informant who is still rendering such services or when the victim of a case of rape, or lascivious or indecent acts is testifying.
History —Jan. 24, 1967; June 5, 1986, No. 39, p. 103, § 3; June 19, 1987, No. 29, p. 91, § 6; Dec. 8, 1990, No. 26, p. 1516, § 3; Aug. 12, 1995, No. 197, § 1; Dec. 24, 1995, No. 245, § 3, eff. 60 days after Dec. 24, 1995; Dec. 27, 2011, No. 281, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ii/rule-24/
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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 24 - FURTHER PROCEEDINGS
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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 24 - FURTHER PROCEEDINGS
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(a) In the District Court.— When pursuant to the provisions of Rule 22(c) the record of a case is received by the clerk of any part of the District Court of First Instance, the trial of the case shall be held in the said part, and the complaint transmitted by the magistrate shall be the basis for the same.
(b) In the Court of First Instance.— When the record is sent to the clerk of any part of the Court of First Instance Section of the Court of First Instance, the secretary shall forthwith remit it to the prosecuting attorney of said part, who shall file the appropriate accusation if it is a case where the corresponding accusation has not been filed pursuant to the provisions of Rule 6(a). If for a justifiable cause, the prosecuting attorney considers that the information should not be presented, he shall file the record with the clerk of the appropriate part with an endorsement to that effect. The clerk, subject to the approval of the court, shall file it and enter said cause in the “Registry of Cases Dismissed” which he shall keep in his office, and shall forthwith issue an order releasing the defendant, if he is under custody. If he has been admitted to bail, the bond shall be cancelled from the time the case was dismissed and, if money instead of bail had been deposited, the same shall be refunded to him once the dismissal of the information has been established.
If in the opinion of the prosecuting attorney the trial for the offense charged against the defendant should be held in any of the parts of the District Court of First Instance, the prosecuting attorney shall send the record to said part within ten (10) days after he received it, so that this part may continue the proceeding as provided in subsection (a) of this rule.
(c) Effects of the determination that there is no probable cause.— If after the preliminary hearing in the cases where it is in order the magistrate decides that there is no probable cause, the prosecuting attorney shall not present any information whatever. In this case, or when it is determined that there is probable cause of an offense inferior to the one charged, the prosecuting attorney may submit the case again on the same or on different evidence to a magistrate of higher rank in the Court of First Instance.
(d) Effect of waiver of jurisdiction determination in procedures concerning minors.— When the record is transferred to the secretary of the Superior Section of the Court of First Instance pursuant to court order of waiver of jurisdiction over a minor, the secretary shall refer said record immediately to the district attorney. The district attorney shall file the corresponding complaint within fifteen (15) days following receipt of notice of the waiver.
Neither a hearing to determine probable cause for arrest pursuant to Rule 22, nor the preliminary hearing pursuant to Rule 23 shall be necessary, where a previous determination by a magistrate pursuant to Rules 2.9 and 2.10 of Procedure in Matters Concerning Minors, App. I-A of this title, does exist.
History —July 9, 1986, No. 80, p. 259, § 2; June 19, 1987, No. 29, p. 91, § 7; Aug. 22, 1990, No. 55, p. 221, § 1, eff. 30 days after Aug. 22, 1990.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-25/
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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 III - VENUE›Rule 25 - DISTRICT; DEFINITION
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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 III - VENUE › Rule 25 - DISTRICT; DEFINITION
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The word “district” as used in Rules 25 to 33 shall mean one of the territorial units into which Puerto Rico is divided for judicial purposes and it shall include the units corresponding to the parts of the District Court and to the parts of the Court of First Instance.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-26/
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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 III - VENUE›Rule 26 - OFFENSES TRIABLE IN PUERTO RICO
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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 III - VENUE › Rule 26 - OFFENSES TRIABLE IN PUERTO RICO
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Any person who commits or attempts to commit an offense within the territorial extension subject to the jurisdiction of the Commonwealth of Puerto Rico shall be prosecuted in Puerto Rico.
Any person who commits or attempts to commit an offense outside of the territorial extension of the Commonwealth of Puerto Rico, under the circumstances established in § 4635 of Title 33 shall also be prosecuted in Puerto Rico.
History —Sept. 15, 2004, No. 317, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-27/
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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 III - VENUE›Rule 27 - VENUE; IN GENERAL
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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 III - VENUE › Rule 27 - VENUE; IN GENERAL
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In all criminal proceedings the trial shall be held in the part corresponding to the district where the offense was committed, except as otherwise provided in these rules. The offenses committed outside the territorial extension of the Commonwealth of Puerto Rico shall be prosecuted in the district of San Juan.
History —Sept. 15, 2004, No. 317, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-28/
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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 III - VENUE›Rule 28 - VENUE; ACCOMPLICES IN DIFFERENT DISTRICTS
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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 III - VENUE › Rule 28 - VENUE; ACCOMPLICES IN DIFFERENT DISTRICTS
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When a person in a district aids, induces or procures the commission of an offense in another district, he may be prosecuted for said offense in any of the two districts.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-29/
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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 III - VENUE›Rule 29 - VENUE; ACTS COMMITTED IN MORE THAN ONE DISTRICT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 29 - VENUE; ACTS COMMITTED IN MORE THAN ONE DISTRICT
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When several acts are necessary to commit an offense, the trial may be held in any of the districts where any of the said acts was committed.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-30/
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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 III - VENUE›Rule 30 - VENUE; OFFENSES COMMITTED IN A DISTRICT BY A PERSON FROM ANOTHER DISTRICT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 30 - VENUE; OFFENSES COMMITTED IN A DISTRICT BY A PERSON FROM ANOTHER DISTRICT
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When a person in a district commits an offense in another district, the trial may be held in either of the two (2) districts.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-31/
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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 III - VENUE›Rule 31 - VENUE; OFFENSES COMMITTED WHILE IN TRANSIT
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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 III - VENUE › Rule 31 - VENUE; OFFENSES COMMITTED WHILE IN TRANSIT
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When an offense is committed in any public or private vehicle while in the course of its trip, and the place where the offense was committed cannot be ascertained, the prosecution may be had in any district through which the vehicle went during said trip.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-32/
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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 III - VENUE›Rule 32 - VENUE; OFFENSES IN OR AGAINST AIRCRAFT
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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 III - VENUE › Rule 32 - VENUE; OFFENSES IN OR AGAINST AIRCRAFT
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A person who commits an offense in or against any aircraft while it is flying over the territory of Puerto Rico, may be prosecuted in the Commonwealth courts and in any district.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iii/rule-33/
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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 III - VENUE›Rule 33 - VENUE; PROPERTY TAKEN FROM ONE DISTRICT TO ANOTHER
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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 III - VENUE › Rule 33 - VENUE; PROPERTY TAKEN FROM ONE DISTRICT TO ANOTHER
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When a person acquires goods through the commission of an offense in a district and transports said goods to another district, he may be prosecuted in either of the two (2) districts.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-34/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 34 - DEFINITIONS
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 34 - DEFINITIONS
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(a) The information.— The information is an allegation in writing made to the Court of First Instance by the prosecuting attorney charging a person with a public offense. The first allegation on the part of The People in a prosecution filed in the Court of First Instance shall be the information. The information shall be signed and sworn to by the prosecuting attorney and shall be filed with the clerk of the corresponding Court of First Instance.
In all cases, the oath shall be sufficient if it sets forth that the information is based on probable cause determined pursuant to the provisions of these rules, or pursuant to the provisions of Rule 2.10 of Procedure in Minors’ Matters App. I-A of this title, in cases of waiver of court jurisdiction over a minor.
(b) The complaint.— The first allegation in a prosecution brought in the District Court shall be the complaint, as defined in Rule 5, and in the manner provided for in Rule 24(a).
History —May 27, 1980, No. 67, p. 164; June 19, 1987, No. 29, p. 91 § 8; Aug. 22, 1990, No. 55, p. 220, § 2, eff. 30 days after Aug. 22, 1990.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-35/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 35 - CONTENTS OF THE INDICTMENT AND 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 IV - THE INFORMATION AND THE COMPLAINT › Rule 35 - CONTENTS OF THE INDICTMENT AND THE COMPLAINT
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The indictment and the complaint shall contain:
(a) The title of the action, specifying the division and the part of the Court of First Instance to which the same is presented. In a complaint, the judge shall order the appropriate amendment in the title thereof, specifying his/her court in place of the magistrate before whom the complaint was brought.
(b) The identification of the defendant by his/her real name or by the name by which he/she is generally known. If his/her name is unknown, it shall be so stated and he/she shall be designated by a fictitious name.
If the name of the crime suspect is unknown (because he/she refuses to provide it or there is no way to verify it), an indictment may be issued against him/her with the description of the genetic or deoxyribonucleic acid (DNA) profile.
In no case shall it be necessary to prove that the prosecuting attorney or the complainant does not know the defendant’s real name. To identify any person other than the defendant, it shall suffice to identify him/her in the manner provided for a defendant in this rule.
If the defendant is a corporation or partnership it shall suffice to state its corporate or trade name, or any other name or denomination by which the defendant is or may be known or identified, without the need of alleging that it is a corporation or partnership nor how it was organized or incorporated. To identify any corporation or partnership other than the defendant, it shall suffice to identify it in the manner provided in this rule for a defendant corporation or partnership.
To make reference to any group or association of persons other than a corporation or partnership, it shall suffice to state the name of said group or association or the name by which it has been or is known, or to state the names of all the persons belonging to said group or association, or the name of only one or several of said persons, and to refer to the rest as “and others”.
When reference is made to any person or entity other than the defendant, in no case shall it be necessary to allege or prove that the prosecuting attorney or the accuser do not know the real name of the person or entity.
(c) A statement of the essential facts constituting the offense charged, in ordinary, plain and concise language, and in such manner as to enable a reasonable person to know what is intended. The words used in said statement shall be construed in their usual acceptance in common language, except for such words and phrases that are defined by law or jurisprudence, which shall be construed according to their legal meaning. Words used in said statement need not cite the strict letter of the law but may use other words that convey the same meaning. In no case shall it be necessary to set forth in the indictment or complaint any presumptions of law or matters of judicial notice.
(d) The official citation of the statute, rule, or regulation that the defendant is alleged to have violated, but an error in the citation or its omission shall be construed as a defect of form.
(e) The signature and oath of prosecuting attorney or the accuser as provided by Rules 5 and 34, respectively.
History —amended Dec. 30, 2010, No. 252, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-36/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 36 - DEFECTS OF FORM
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 36 - DEFECTS OF FORM
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An information or complaint shall not be insufficient, now shall the trial, judgment or any other prosecution based on the said information or complaint be affected by reason of any defect, imperfection or omission of form which does not tend to prejudice the substantial rights of the defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-37/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 37 - JOINDER OF OFFENSES AND OF DEFENDANTS
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 37 - JOINDER OF OFFENSES AND OF DEFENDANTS
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(a) Joinder of offenses.— Two or more offenses may be charged in the same information or complaint in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Allegations made in one count may be incorporated by reference in another count.
(b) Joinder of defendants.— Two or more defendants may be charged in the same information or complaint if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting the offense or offenses charged. Such defendants may be charged in one or more counts together or separately and all the defendants need not be charged in each count.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-38/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 38 - AMENDMENTS TO THE INDICTMENT, COMPLAINT OR BILL OF PARTICULARS
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 38 - AMENDMENTS TO THE INDICTMENT, COMPLAINT OR BILL OF PARTICULARS
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(a) Removal of defects of form.— If the indictment, complaint, or bill of particulars has any defect, error, or omission of form as mentioned in Rule 36, the court may allow the amendments needed to cure it. If no amendments are made, once the verdict of the jury is returned or the judgment entered, said defect, error, or omission shall be deemed cured.
(b) Removal of defect of substance.— If the indictment or complaint has a substantial defect or omission, the court wherein the proceeding was originated may allow the necessary amendments to cure said defect or omission at any time before the conviction or the acquittal of the defendant. If the defect is in the indictment, the defendant shall have a right to a new arraignment. If the defect is in the complaint, the defendant shall be entitled to have the trial held five (5) days after the amendment is made.
(c) Addition of counts or of defendants.— Before the start of the trial, the District Court may allow amendments to be made to the complaint to add new counts or new defendants against whom the preliminary proceedings provided in Rules 6, 7, and 22 have been held. In such cases, the defendants shall be entitled to have the trial held five (5) days after the amendment is made.
(d) Variance between pleadings and the evidence.— The court may allow amendments to be made to the indictment, complaint, or bill of particulars at any time before the conviction or acquittal of the defendant, in case there is a variance between these pleadings and the evidence. Variance between the pleadings and the evidence shall not constitute grounds for the acquittal of the defendant; however, the court shall, provided that the defendant does not oppose it, postpone the trial if the substantial rights of the defendant have been impaired, to hold it before another jury or before the same court if the trial is not by jury, and as determined by the court.
If the nature of the discrepancy or variance is such that the evidence establishes an offense that is different from the one charged against the defendant and not included therein, or if it establishes an offense beyond the jurisdiction of the court, the jury shall be discharged and the case shall be dismissed.
(e) Identification by fictitious name and by means of DNA profiling.— The court shall allow amendments to an indictment issued with a fictitious name in order to identify a person who has been previously identified by means of DNA profiling and a fictitious name by his/her true name or alias, as provided in Rule 5.
History —amended Dec. 30, 2010, No. 252, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-39/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 39 - FAILURE TO ALLEGE THE DATE
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 39 - FAILURE TO ALLEGE THE DATE
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The information or complaint shall be sufficient even though the date or the time in which the offense is alleged to have been committed is not stated, unless an allegation to that effect is necessary to charge the commission of an offense.
An allegation in an information or complaint to the effect that the defendant committed the offense shall be considered as an allegation that the offense was committed after the law created it, before the filing of the information and within the term prescribed by law.
All the allegations in an information, complaint or bill of particulars shall be construed in the sense that they refer to the same date or time, unless something to the contrary is stated.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-40/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 40 - FAILURE TO ALLEGE THE PLACE
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 40 - FAILURE TO ALLEGE THE PLACE
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The information or the complaint shall be sufficient even though they do not state the exact place where it is alleged that the offense was committed, the allegation that it was committed in a place within the jurisdiction of the court being sufficient, unless an allegation of the specific place is necessary to charge the commission of the offense.
All the allegations in the information, complaint or bill of particulars shall be construed in the sense that they refer to the same place, unless something to the contrary is stated.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-41/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 41 - ALLEGATION OF JUDGMENT OR PROCEEDING
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 41 - ALLEGATION OF JUDGMENT OR PROCEEDING
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Where an information or complaint refers to a judgment or to a proceeding before any court or officer, whether civil or military, it shall not be necessary to allege the facts which conferred jurisdiction to said court or officer, but it shall be sufficient to allege in general terms that judgment was rendered or the proceeding was held, so as to identify the same.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-42/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 42 - ERRONEOUS ALLEGATION AS TO PERSON INJURED
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 42 - ERRONEOUS ALLEGATION AS TO PERSON INJURED
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When an offense involves the commission of, or an attempt to commit, a private injury, and it is described with sufficient certainty in other respects to identify the act, any erroneous allegation as to the person injured or intended to be injured shall be considered as a defect of form.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-43/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 43 - ALLEGATIONS AS TO ACCESSORIES
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 43 - ALLEGATIONS AS TO ACCESSORIES
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When a person is charged as an accomplice or accessory in the commission of an offense for having aided, forced, induced, provoked or abetted its commission, it shall not be necessary to make any more allegations about said person than those required to be made against the principal or personal author of the offense.
History —May 27, 1980, No. 64, p. 160; Sept. 15, 2004, No. 317, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-44/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 44 - PROCEDURES AGAINST CO-AUTHORS
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 44 - PROCEDURES AGAINST CO-AUTHORS
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A co-author may be prosecuted, tried, and punished, although the principal is neither prosecuted nor tried, or is tried and acquitted.
History —May 27, 1980, No. 66, p. 163; Sept. 2, 2003, No. 230, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-45/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 45 - FAILURE TO ALLEGE VALUE OR PRICE
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 45 - FAILURE TO ALLEGE VALUE OR PRICE
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The information or complaint shall be sufficient though the value or price of the property affected is not specified, except where an allegation to that effect is a material ingredient in the offense. It shall be sufficient to allege that the value or price of the property equals or exceeds the value or price determinative of the offense. The facts determining said value or price need not be alleged.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-46/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 46 - ALLEGATION AS TO INTENTION TO DEFRAUD
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 46 - ALLEGATION AS TO INTENTION TO DEFRAUD
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An allegation of an intention to defraud or to cause injury shall be sufficient without having to allege the intention to defraud or to injure a specific person, except where an allegation to that effect is a material ingredient in the offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-47/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 47 - ALLEGATION AS TO DOCUMENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 47 - ALLEGATION AS TO DOCUMENTS
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When it shall be necessary in an information or complaint to make an allegation with regard to a document, it shall be sufficient to refer to said document by any name by which it is usually known or identified, and a copy thereof or of part of it need not be incorporated.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-48/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 48 - ALLEGATION OF FORMER CONVICTION
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 48 - ALLEGATION OF FORMER CONVICTION
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An information or complaint shall not contain any allegations whatsoever of former convictions of the defendant, except when an allegation to that effect is a material ingredient of the offense, or to allege the condition of second offender or of habitual offender in relation to the defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-49/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IV - THE INFORMATION AND THE COMPLAINT›Rule 49 - FAILURE TO DENY EXCEPTIONS
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 49 - FAILURE TO DENY EXCEPTIONS
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An information or complaint shall not be insufficient by reason of a failure to deny therein the exceptions or exemptions provided by law, unless the exception or exemption is included therein so as to constitute an inseparable part of the definition of the offense, in such a way that if the said exception or exemption is not denied, the information or complaint would not comply with the requirements of Rule 35.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-iv/rule-50/
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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 IV - THE INFORMATION AND THE COMPLAINT›Rule 50 - ALLEGATIONS IN THE ALTERNATIVE
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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 IV - THE INFORMATION AND THE COMPLAINT › Rule 50 - ALLEGATIONS IN THE ALTERNATIVE
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An information or complaint charging an offense which may be committed by one or more acts, or by one or more means, or with one or more intentions, or with one or more results, shall not be insufficient because two (2) or more of said acts, means, intentions or results are alleged in the alternative.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-v/rule-51/
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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 V - ARREST OF DEFENDANT AFTER INFORMATION›Rule 51 - WARRANT OF ARREST AFTER THE FILING OF THE CHARGES
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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 V - ARREST OF DEFENDANT AFTER INFORMATION › Rule 51 - WARRANT OF ARREST AFTER THE FILING OF THE CHARGES
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If the facts alleged in the charges constitute an offense, and the accused has not been arrested for said offense prior to the filing of the information, the court shall issue the appropriate warrant for his arrest. The officer executing a warrant shall take the arrested person without unnecessary delay before the court which issued the warrant or before any available magistrate, in order to admit the defendant to bail.
The term for service processing of an arrest warrant shall be the same as the statute of limitations of the crime charged, calculated from the date of issue of the arrest warrant. For cases that do not have a statute of limitations greater than five (5) years, or that do not have a statute of limitations at all, the term for the service processing of an arrest warrant shall be five (5) years calculated from the date of issue of the arrest warrant.
Under extraordinary circumstances, the judge may accept an arrest warrant that is served out of the established term as valid. For such purposes, the judge shall consider among others, the following factors:
(1) Official procedures toward arresting the accused.
(2) Whether the accused knows of the arrest warrant issued against him/her.
(3) Whether the accused has escaped or hidden.
(4) The availability of the accused for the execution of an effective service processing.
(5) Whether the address or whereabouts of the accused are known or should have been known.
(6) Whether the address of the accused has changed.
(7) Whether the accused has fled from the jurisdiction of the Commonwealth of Puerto Rico.
(8) Mobility of the accused within the jurisdiction of the Commonwealth of Puerto Rico.
History —Sept. 3, 2003, No. 246, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-52/
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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 VI - ARRAIGNMENT›Rule 52 - WHEN ARRAIGNED
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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 VI - ARRAIGNMENT › Rule 52 - WHEN ARRAIGNED
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In cases where information is filed, the defendant shall be taken before trial to open court where he shall be arraigned, unless he waives arraignment, and he shall be called upon to plead thereto. The arraignment will not be necessary if, prior to the same, the defendant has been personally given a copy thereof and, upon representation by counsel, he has answered or if he fails to do so and the ten- (10-) day term to plead has passed, in which case a pleading of not guilty shall be registered. Subject to the provisions of Rule 243, the defendant shall be present on arraignment in the cases in which said procedure is in order. A copy of the information and the list of the witnesses shall be furnished to him before he is called upon to plead.
When in cases where a minor is prosecuted as an adult due to a waiver of jurisdiction thereupon, witnesses’ sworn statements utilized at the hearing by the Prosecutor for Minors’ Affairs to establish probable cause pursuant to Rule 2.10 for Procedures in Minors’ Affairs, App. I-A of this title, shall be handed over to said minor upon request thereof.
History —June 19, 1987, No. 29, p. 91 § 9; Aug. 22, 1990 No. 55 p. 220, § 3, eff. 30 days after Aug. 22, 1990.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-53/
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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 VI - ARRAIGNMENT›Rule 53 - NEED OF ARRAIGNMENT IN CASES OF COMPLAINTS
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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 VI - ARRAIGNMENT › Rule 53 - NEED OF ARRAIGNMENT IN CASES OF COMPLAINTS
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In cases where the complaint charges a misdemeanor the arraignment may be omitted, but the complaint shall be read to the defendant at the commencement of the trial.
When a defendant is summoned to trial, a copy of the complaint shall be delivered to him.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-54/
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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 VI - ARRAIGNMENT›Rule 54 - ARRAIGNMENT IN CASES OF CODEFENDANTS
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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 VI - ARRAIGNMENT › Rule 54 - ARRAIGNMENT IN CASES OF CODEFENDANTS
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Where an information is filed against two (2) or more codefendants the arraignment may be conducted separately or jointly, in the discretion of the court.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-55/
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Justia›US 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 VI - ARRAIGNMENT›Rule 55 - APPEARANCE OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 55 - APPEARANCE OF DEFENDANT
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The court may order the officer who has the custody of the defendant to bring him before the court to be arraigned. If the defendant should be on bail, he shall be notified personally when he should appear for the arraignment. If the defendant fails to appear, the court may order the forfeiture of the bail pursuant to Rule 227, or issue a bench warrant, or both. The bench warrant may be served at any place within the jurisdiction of the Commonwealth of Puerto Rico.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-56/
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Justia›US 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 VI - ARRAIGNMENT›Rule 56 - PART WHERE ARRAIGNMENT SHALL BE MADE
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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 VI - ARRAIGNMENT › Rule 56 - PART WHERE ARRAIGNMENT SHALL BE MADE
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Arraignment shall be made in the part of the Court of First Instance where the information is filed, unless prior to the arraignment the case should have been transferred to another part. In the latter event, the arraignment shall take place in that other part.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-57/
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Justia›US 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 VI - ARRAIGNMENT›Rule 57 - ASSISTANCE 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 VI - ARRAIGNMENT › Rule 57 - ASSISTANCE OF COUNSEL
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If the defendant appears for arraignment without counsel he must be informed by the court of his right to have counsel and the court shall appoint an attorney to represent him at the arraignment and at every stage of the proceeding, unless the defendant waives his right to legal assistance or is able to obtain counsel of his choice. The court shall give him a reasonable period of time to prepare for trial. The attorney so appointed shall serve without any cost to the defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-58/
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Justia›US 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 VI - ARRAIGNMENT›Rule 58 - WARNING AS TO NAME OF DEFENDANT AND TRIAL IN ABSENTIA
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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 VI - ARRAIGNMENT › Rule 58 - WARNING AS TO NAME OF DEFENDANT AND TRIAL IN ABSENTIA
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(a) When defendant is arraigned, he shall be informed that if the name by which he is prosecuted in not his true name, he must then state his true name, otherwise he shall be prosecuted under the name appearing in the information. If the defendant gives no other name, the court shall proceed accordingly, but if he alleges that another name is his true name, the court shall direct entry thereof in the minutes of the arraignment, and the subsequent proceeding shall be had under said name, referring also to the name by which the prosecution was commenced.
(b) When the indictment is read, the court shall set a date for the trial and shall warn the defendant that, should he fail to appear, he may be tried in absentia, including the selection of the jury and all the other stages up to the verdict or judgment and the sentencing, and that his voluntary failure to appear shall be equivalent to the relinquishment of his right to be present during these stages of the proceeding.
History —June 23, 1974, No. 138, Part 1, p. 645, § 1; May 27, 1980, No. 70, p. 173, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-59/
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Justia›US 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 VI - ARRAIGNMENT›Rule 59 - TERM TO PLEAD
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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 VI - ARRAIGNMENT › Rule 59 - TERM TO PLEAD
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Should the accused request it on being arraigned, he shall be allowed a reasonable term of not less than one (1) day, nor more than ten (10) days to answer the charges.
History —June 3, 1980, No. 93, p. 253.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vi/rule-60/
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Justia›US 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 VI - ARRAIGNMENT›Rule 60 - IRREGULARITY OF THE ARRAIGNMENT; WAIVER
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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 VI - ARRAIGNMENT › Rule 60 - IRREGULARITY OF THE ARRAIGNMENT; WAIVER
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If the information is not read to the defendant at the arraignment, or if any other irregularity should take place, the validity of any step in the prosecution shall not be thereby affected if the defendant, through his counsel or personally if he should have waived legal assistance, answers the information or submits to trial without objecting to said omission or irregularity.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-61/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 61 - HOW TO ANSWER INFORMATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 61 - HOW TO ANSWER INFORMATION
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After having heard the information, and unless the court grants him time to answer, the defendant shall immediately make his plea, or he may file a motion to dismiss or to grant appropriate relief. If a motion should be filed without having entered any plea, and said motion is withdrawn or dismissed, the defendant shall then answer by making his plea.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-62/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 62 - DEFENSES AND OBJECTIONS; HOW THEY SHALL BE RAISED
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 62 - DEFENSES AND OBJECTIONS; HOW THEY SHALL BE RAISED
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Demurrers and any other pleas, other than guilty or not guilty are abolished. All the defenses, objections and reliefs which heretofore could have been raised by motion or demurrer, or any other plea other than guilty or not guilty shall be raised by motion to dismiss or to grant appropriate relief.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-63/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 63 - DEFENSES AND OBJECTIONS; WHEN THEY SHALL BE RAISED; WAIVER
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 63 - DEFENSES AND OBJECTIONS; WHEN THEY SHALL BE RAISED; WAIVER
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Except for the defenses based on lack of jurisdiction of the court and failure to charge an offense, which may be raised at any time, any defense or objection susceptible of determination before the trial on the merits of the case must be raised by a motion filed before or upon entering a plea of not guilty, but the court may allow the filing of said motion for just cause within a term of not more than twenty (20) days after the act of arraignment in cases where said act must be held. When a copy of the charges has been delivered personally to the defendant, the term for filing this motion shall not be more than twenty (20) days from the moment the defendant has answered. When he has not answered, the term shall not be more than twenty (20) days after the plea of not guilty is entered.
The motion shall include all such defenses and objections available to the defendant. Failure to present any such defenses or objections within the term provided shall constitute a waiver thereof, but the court may exempt the defendant from the effects of said waiver, for just cause.
A motion to dismiss based on the provisions of Rule 64(n)(3) or (4) must be filed prior to the case being called for trial.
History —July 5, 1988, No. 65, p. 292, § 1, eff. 60 days after July 5, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-64/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 64 - GROUNDS FOR MOTION TO DISMISS
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 64 - GROUNDS FOR MOTION TO DISMISS
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The motion to dismiss the indictment or complaint or any count thereof shall only be based on one or more of the following grounds:
(a) That the information or complaint does not charge an offense.
(b) That the court lacks jurisdiction to take cognizance of the offense charged.
(c) That the information or complaint has not been duly signed or verified.
(d) That the court has ordered the presentation of a bill of particulars and the particulars have not been furnished.
(e) That the defendant has been convicted or placed in jeopardy or has been acquitted of the offense charged. If the motion to dismiss is based on this ground, it shall state the name under which the defendant was convicted or placed in jeopardy or acquitted, and the date, court and place of conviction, former jeopardy or former acquittal. The motion to dismiss may be filed by any defendant who shall have been acquitted on the merits of the case, notwithstanding any defect in the information or complaint.
(f) That the case or any essential controversy thereof, is res judicata. If the motion to dismiss is based on this ground, it shall state the name of the court, the title of the case and the date and place of the previous judgment.
(g) That the defendant has been pardoned of the offense charged. If the motion to dismiss is based on this ground, the same shall state the name under which the defendant was pardoned, the name of the Governor who pardoned him and the date of the pardon.
(h) That the defendant has been granted immunity by law against the prosecution for that offense. If the motion is based on this ground, it shall state the law and the facts on which the immunity is claimed.
(i) That the prosecuting attorney lacked authority to file the information.
(j) That one or more of the counts of the information or the complaint charge more than one offense.
(k) That there is a misjoinder of offenses.
(l) That there is a misjoinder of defendants.
(m) That the offense has prescribed.
(n) That one or several of the following circumstances exist, unless just cause is shown for the delay or unless the delay to set the case for trial is due to the defendant’s motion or consent:
(1) That the defendant was detained in jail for a total of thirty (30) days after his arrest without any information or complaint having been filed against him, or that he has been detained for a total of fifteen (15) days without an accusation or complaint being filed against him, if it is a case in which the magistrate authorized the filing of the same pursuant to the provisions of Rule 6(a).
(2) That no charges or complaint was filed against the defendant within sixty (60) days after his/her arrest or summons if released on bail, or within thirty (30) days if he/she is imprisoned, if it is a case where the magistrate authorized the filing thereof pursuant to the provisions of Rule 6(a).
(3) That the defendant was imprisoned for a total period of sixty (60) days prior to the date of the arraignment without being brought to trial.
(4) That the defendant was not brought to trial within one hundred twenty (120) days as of the arraignment.
(5) That the person was detained in jail for a total period of thirty (30) days after his arrest without holding the preliminary hearing in the cases in which it should be held.
(6) That a preliminary hearing was not held for the person within sixty (60) days after his arrest in the cases where it should be held.
(7) That a hearing on probable cause for arrest or summons was held 60 days after the determination of no cause.
(8) That a preliminary hearing on appeal was held 60 days after the determination of no cause in a preliminary hearing.
It is hereby provided that the court shall not dismiss an indictment or complaint under this subsection without first holding an evidentiary hearing. In the hearing, the parties may present evidence and the court shall consider the following aspects:
(1) Duration of the delay.
(2) Reasons for the delay.
(3) If the delay was caused by the defendant or expressly consented by him/her.
(4) If the Prosecuting Attorney showed that just cause existed for the delay, and
(5) Any prejudice that the delay may have caused.
Once the hearing is held, the magistrate shall issue a written statement of the grounds for his/her determination in order for the parties to have an effective and objective opportunity to evaluate the same and, if requested, the possibility to appeal or request reconsideration of said determination.
(o) That the defendant has not been served with a list of the names and addresses of the witnesses that The People intends to use at the trial.
(p) That the facts stated in the bill of particulars show that the offense charged in the information or complaint was not committed or that it was not committed by the defendant. The motion shall be dismissed if the prosecuting attorney furnishes another bill of particulars to overcome said objections.
(q) That an information or complaint, or any count therein, has been filed against defendant, without a magistrate having determined whether there was probable cause or his detention ordered to answer for the offense, according to law and right.
A motion to dismiss based on the provisions of this rule must be filed at least twenty (20) days prior to trial, except for a duly justified and grounded, except as provided in Rule 63.
History —Jan. 24, 1967; June 19, 1987, No. 29, p. 91, § 10; June 19, 1987, No. 31, p. 102, § 1; July 5, 1988, No. 65, p. 292, § 2; Sept. 15, 2004, No. 317, § 7; Dec. 27, 2011, No. 281, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-65/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 65 - MOTIONS BEFORE TRIAL; FORM, CONTENTS AND DETERMINATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 65 - MOTIONS BEFORE TRIAL; FORM, CONTENTS AND DETERMINATION
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Any motion before trial must be filed in writing and signed by the defendant or his attorney, but the court may allow it to be stated orally for just cause. It shall state the grounds of the defenses or demurrer to the accusation, in detail. The court shall dismiss from the outset, without need of a hearing, any motion that does not comply with the requirements established by this rule.
Motions that state defenses or demurrers to the accusation or charges shall be filed at the Court of First Instance within ten (10) days following the act of arraignment in cases that said act must be held. When a copy of the charges has been personally delivered to the defendant, the term for filing these motions shall not be more than twenty (20) days from the moment the defendant has answered. When the defendant has not answered, the term shall not be more than twenty (20) days after the plea of not guilty is entered. At the District Court these motions shall be filed at least twenty (20) days prior to the trial, except for duly justified and grounded cause. These motions must be simultaneously notified to the prosecutor who will answer within a term not greater than twenty (20) days after being notified. The court shall resolve these motions at least twenty (20) days prior to the trial except for just cause, or unless it orders its deferment to be considered during the trial on the merits of the case. All issues of fact or law that arise from said motion shall be decided by the court.
History —July 5, 1988, No. 65, p. 292, § 3, eff. 60 days after July 5, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-66/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 66 - MOTIONS BEFORE TRIAL; PROCEEDING IF THE DEFECT ALLEGED SHOULD NOT PRECLUDE FURTHER PROCEED...
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 66 - MOTIONS BEFORE TRIAL; PROCEEDING IF THE DEFECT ALLEGED SHOULD NOT PRECLUDE FURTHER PROCEEDINGS
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If the motion is based on a defect in the information, complaint or bill of particulars 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 a defect in the institution of the prosecution or in the information or complaint, it may also order the defendant to be held in custody or that his bail be continued for a specific time, pending the filing of a new information or complaint. Nothing contained herein can affect the provisions for prescription terms.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-67/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 67 - ORDER DISMISSING THE PROSECUTION; WHEN IT PRECLUDES NEW PROSECUTION
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 67 - ORDER DISMISSING THE PROSECUTION; WHEN IT PRECLUDES NEW PROSECUTION
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An order granting a motion to dismiss is no bar to another prosecution for the same offense unless the defect or objection is incurable, or unless, in a misdemeanor, said motion is granted on any of the grounds enumerated in Rule 64(n).
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-68/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 68 - PLEAS
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 68 - PLEAS
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A defendant may plead guilty or not guilty. The plea must be entered verbally in open court by the defendant or his/her attorney. It shall be entered in the minutes of the court but failure to do so shall not affect its validity in the prosecution of the case.
When the charges entail an offense in some degree of recidivism the defendant may, when entering his/her plea, or at any subsequent time provided it is before the charges are read to the jury, admit the prior conviction or convictions and in such a case the jury shall not be informed in any manner whatsoever of the existence of said conviction or convictions.
History —Sept. 15, 2004, No. 317, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-69/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 69 - PLEAS; PRESENCE OF DEFENDANT; REFUSAL TO PLEAD
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 69 - PLEAS; PRESENCE OF DEFENDANT; REFUSAL TO PLEAD
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Except where the information is against a corporation a plea of guilty for a felony shall not be admitted unless the defendant is present and makes the plea personally. A corporation may appear to plead by its attorney. If a defendant refuses to make any plea or when a corporation fails to appear, a plea of not guilty shall be entered.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-70/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 70 - PLEA OF GUILTY; DUTY OF THE COURT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 70 - PLEA OF GUILTY; DUTY OF THE COURT
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The court shall not accept the plea of guilty without first determining that it is made voluntarily, with understanding of the nature of the charge and of the consequence of said plea.
The court, prior to accepting a plea of guilty in cases of a felony, shall also, for the record, advise the defendant of the following:
“If you are not a U.S. citizen, you are hereby advised that a conviction for the crime of which you are accused could entail deportation, exclusion from entering the United States or denial of naturalization pursuant to the laws of the United States.”
If requested, the court shall grant the defendant additional time to consider whether the plea of guilty is the adequate action pursuant to the warning set forth in this rule.
History —Jan. 1, 2003, No. 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-71/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 71 - PLEA OF GUILTY; REFUSAL OF COURT TO ADMIT IT; LEAVE TO CHANGE IT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 71 - PLEA OF GUILTY; REFUSAL OF COURT TO ADMIT IT; LEAVE TO CHANGE IT
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The court may refuse to admit a plea of guilty and it may order that a plea of not guilty be entered. The court may, furthermore, at any time before rendering judgment, permit that the plea of guilty be withdrawn and substituted by the plea of not guilty or, with the consent of the prosecuting attorney, by the plea of guilty of an offense inferior to the one charged but included therein, or of a lower degree than the offense charged.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-72/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 72 - PLEA BARGAINING
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 72 - PLEA BARGAINING
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In all those cases in which plea bargaining is involved between the counsel for the defense and the prosecution, the following procedure shall be observed:
(1) The prosecutor and the accused, through his counsel, may initiate conversations with the purpose of agreeing that in exchange for a plea of guilt in the charge or accusation, or for one of a lesser or related charge, the prosecutor binds himself to one or several of the following courses of action:
(a) to petition for the filing of other charges pending upon him;
(b) to eliminate the plea of recidivism in any of its degrees;
(c) to recommend a specific verdict or not oppose the defense counsel’s petition on a specific verdict, it being understood that neither one or the other shall be binding on the court, or
(d) to agree that a certain specific verdict is the one that adequately disposes of the case. The court shall not participate in these discussions.
(2) If they reach an agreement, the parties shall advise the court of its details in open court or in the judge’s chambers if there were just cause therefor. Said agreement shall go on the record. If the accused refers to any of the courses of action specified in clauses (a), (b), and (d) of subsection (1), the court may accept it or reject it, or postpone its decision until it has received and considered the presentencing report. If the course of action agreed upon were of the type specified in clause (c) of said subsection, the court shall advise the accused that if the prosecutor’s recommendation or the defense attorney’s petition is not accepted by the court, the accused shall not be entitled to withdraw his plea.
(3) If the plea bargaining is accepted by the court, it shall advise the accused that it shall be included and shall become a part of the verdict.
(4) If the plea bargaining is rejected by the court, it will so inform the parties and shall advise the accused personally in open court or in the judge’s chambers if there is just cause therefor, that the court is not bound by the agreement, and shall give the accused the opportunity to withdraw his plea. He shall also advise him that if he insists on his guilty plea, the final determination of the case could be less favorable than what was agreed upon between his counsel and the prosecutor. This procedure shall be included in the record.
(5) The notice of plea bargaining to the court shall be made before the trial, preferably during the arraignment, but the court may allow it to be given at any other time at its discretion, if the circumstances warrant it.
(6) The existence of a plea bargaining, its terms and conditions, and the details and talks leading thereto, shall not be admissible against the accused in any criminal, civil or administrative action if the plea bargaining were rejected by the court, or voided in any subsequent action, or legally withdrawn by the accused. The above shall be admissible by exception in a criminal action for perjury against the accused based on statements made by him under oath.
(7) When deciding on the acceptance of a plea bargain, the court shall ascertain that the same has been done with the full knowledge, agreement and consent of the accused; that it is convenient for the sound administration of justice and has been achieved in accordance with the law and ethics. To this end, the court may require the prosecutor and the defense counsel to furnish all such information, data and documents in their power and which it deems necessary, and may examine the accused and any other person that in its judgment may be convenient.
The court, prior to accepting a plea bargain, shall state for the record, to the accused the following warning:
“If you are not a citizen of the United States, you are herein warned that a conviction for the crime you are accused of can have consequences such as deportation, refusal of entrance to the United States or refusal of naturalization pursuant to the laws of the United States.”
If requested, the court shall grant the accused an additional term to consider whether the plea bargain is the adequate action in view of the warning described in this Rule.
History —July 13, 1988, No. 85, p. 353; Sept. 2, 2000, No. 337, § 1; Sept. 15, 2004, No. 317, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-73/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 73 - PLEA OF NOT GUILTY; ITS EFFECTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 73 - PLEA OF NOT GUILTY; ITS EFFECTS
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The plea of not guilty constitutes a denial of every material allegation of the information or complaint. Subject to the provisions of Rules 63 and 64, all the matters of fact tending to establish a defense may be given in evidence under a plea of not guilty.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-74/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 74 - PLEA OF NOT GUILTY; NOTICE OF PLEA OF INSANITY OR ALIBI
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 74 - PLEA OF NOT GUILTY; NOTICE OF PLEA OF INSANITY OR ALIBI
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When the defendant enters a plea of not guilty or intends to establish a defense based on transitory mental defect or insanity at the time of the alleged commission of the offense he/she is charged with, or when the defense is an alibi, he/she must file notice to that effect with the Court of First Instance, with notice to the prosecution within twenty (20) days following the reading of the charges in cases where said act must be held. When copy of the charges has been personally delivered to the defendant, the term for filing said motions shall not be of more that twenty (20) days from the moment the defendant has responded. When the defendant has not responded, the term shall not be of more than twenty (20) after the plea of not guilty is registered. In cases of misdemeanors to which the right to a jury trial does not apply, the notice to the prosecution shall be submitted at least twenty (20) days prior to trial.
A defendant who wishes to enter a plea of insanity or transitory mental defect shall provide the following information to the Justice Department at the time the plea is entered:
(a) The witnesses he/she intends to call to establish a plea of insanity or transitory mental defect.
(b) The address of said witnesses.
(c) The documents he/she intends to introduce to uphold the plea, submitting a copy thereof; and if not in his/her possession, in whose possession said documents are, authorizing that they be photocopied.
(d) The hospital or hospitals where he/she received treatment and the dates on which he/she received said treatment.
(e) Doctors or physicians who had treated or attended to the defendant in relation to his/her insanity or transitory mental defect condition.
The defendant who wishes to establish an alibi as defense shall provide to the prosecution at the time of entering the same, the following information:
(a) The place where the defendant was on the date and at the time the offense was committed.
(b) From what hour was the defendant at that place.
(c) Until what hour was the defendant at that place.
(d) Indicate what documents, writings, photographs or papers he/she intends to introduce to establish his/her alibi, submitting a copy thereof; and if not in his/her possession, in whose possession said documents are, authorizing that they be photocopied.
The prosecution shall have the reciprocal obligation of informing the defendant as to the name and address of the witnesses and the documents it intends to introduce to refute the alibi or the plea of insanity or transitory mental defect.
In both cases, if the defendant or the prosecution fails to comply with said notice or to supply the information required, they shall not be entitled to provide said evidence. The court may, however, permit that said evidence be offered when the existence of justified cause for having omitted the presentation of the notice or the information is demonstrated. In such cases the court may decree the postponement of the trial or provide any other adequate remedy.
History —May 29, 1984, No. 30, p. 65; July 5, 1988, No. 65, p. 292, § 4; Dec. 25, 2002, No. 298, § 1; Sept. 15, 2004, No. 317, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-vii/rule-75/
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Justia›US 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 VII - MOTIONS BEFORE TRIAL AND PLEAS›Rule 75 - FAILURE TO PLEAD; ITS EFFECT
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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 VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 75 - FAILURE TO PLEAD; ITS EFFECT
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The fact that the defendant should fail to make any plea shall not affect the validity of any proceeding of the court if the defendant submits to trial without making any plea.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-76/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 76 - DISQUALIFICATION; GROUNDS
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 76 - DISQUALIFICATION; GROUNDS
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In any criminal prosecution, The People or the defense may request the disqualification of the judge on any of the following grounds:
(a) Where the judge has been prosecuting attorney or counsel for the defendant in the case.
(b) Where the judge is the essential witness in the case.
(c) Where the judge presided over the trial of the same case in a lower court.
(d) Where the judge has an interest in the outcome of the case.
(e) Where the judge is related by consanguinity or affinity within the fourth degree to the defendant, to the victim of the offense charged or to defendant’s counsel or the prosecuting attorney.
(f) Where the judge has a formed opinion or prejudice in favor or against any of the parties, or might have prejudged the case.
(g) Where the judge acted as magistrate for the purpose of issuing the warrant of arrest or summon or for the purpose of determining probable cause at the preliminary hearing.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-77/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 77 - MOTION FOR DISQUALIFICATION; FORM AND REQUISITE
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 77 - MOTION FOR DISQUALIFICATION; FORM AND REQUISITE
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The motion for disqualification of the judge shall be presented in writing and under oath and it shall specify the grounds on which it is based.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-78/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 78 - MOTION FOR DISQUALIFICATION; WHEN PRESENTED
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 78 - MOTION FOR DISQUALIFICATION; WHEN PRESENTED
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The motion for disqualification shall be presented at least twenty (20) days before the trial, but if the grounds of said motion are not known by the petitioner twenty (20) days prior to the trial, it shall be presented as soon as possible.
History —July 5, 1988, No. 65, p. 292, § 5, eff. 60 days after July 5, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-79/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 79 - MOTION FOR DISQUALIFICATION; DUTY OF THE JUDGE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 79 - MOTION FOR DISQUALIFICATION; DUTY OF THE JUDGE
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When a motion for disqualification is based on subsections (d) and (f) of Rule 76, the judge challenged shall not sit on the motion and it shall be heard before another judge.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-80/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 80 - DISQUALIFICATION MOTU PROPRIO
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 80 - DISQUALIFICATION MOTU PROPRIO
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Nothing provided in these rules shall preclude a judge from being disqualified motu proprio on the grounds listed in Rule 76 or for any other justifiable cause.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-81/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 81 - CHANGE OF VENUE; GROUNDS
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 81 - CHANGE OF VENUE; GROUNDS
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On motion of The People or the defendant, a court in which a criminal action is pending may transfer it to another part on the following grounds:
(a) When for any reason other than those enumerated in Rule 76 a just and fair trial cannot be had in the district where the case is pending.
(b) When for reasons of public disorder existing in the district, a just and fair trial cannot be safely and speedily had for the defendant and The People.
(c) Whenever the life of the defendant or of any witness would be jeopardized by a trial in said district.
(d) When no jury can be obtained for the trial of the defendant in said district.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-82/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 82 - MOTION FOR CHANGE OF VENUE; HOW AND WHEN PRESENTED
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 82 - MOTION FOR CHANGE OF VENUE; HOW AND WHEN PRESENTED
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The motion for a change of venue shall be stated in writing, shall indicate the grounds upon which it is based and shall be supported by a sworn statement. Said motion and the sworn statement shall be presented to the court, and the adversary party or his attorney shall be notified at least twenty (20) days prior to the trial, if its grounds were known at the time. A date shall be set for a pretrial hearing. If the grounds for such motion were unknown to the petitioner at least twenty (20) days prior to the trial, the motion shall be presented and notified as soon as possible, but never after the case has been called to trial, and it must be shown that it could not be presented previously. In such case, the trial may be postponed until the motion is resolved.
History —July 5, 1988, No. 65, p. 292, 6, eff. 60 days after July 5, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-83/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 83 - MOTION FOR CHANGE OF VENUE; DETERMINATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 83 - MOTION FOR CHANGE OF VENUE; DETERMINATION
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In deciding the motion for a change of venue the court shall consider the facts alleged therein and the affidavit attached thereto, any other affidavits presented and the evidence admitted at the hearing of said motion. If the court grants the change of venue it shall enter an order transferring the case to the part of the same division which might be competent or the part most conveniently situated, where a fair and impartial trial may be obtained.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-84/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 84 - CHANGE OF VENUE; ORDER
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 84 - CHANGE OF VENUE; ORDER
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The order of removal shall be entered upon the minutes and the clerk shall immediately send to the part to which the action is removed a certified copy of the order of removal, record and all the proceedings in the action, including the undertakings guaranteeing the appearance of the defendant and of the witnesses, if any.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-85/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 85 - CHANGE OF VENUE; DEFENDANT UNDER CUSTODY
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 85 - CHANGE OF VENUE; DEFENDANT UNDER CUSTODY
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If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the warden of the jail where he is imprisoned to the custody of the warden of the district to which the action is removed.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-86/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 86 - CHANGE OF VENUE; APPEARANCE OF WITNESSES
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 86 - CHANGE OF VENUE; APPEARANCE OF WITNESSES
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When an action is removed to another court, any witness who might have furnished bond to appear at the trial, should, upon being notified of said transfer, appear before the part to which the action was removed at the time he was summoned. His absence shall be sufficient cause for the forfeiture of the bond.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-87/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 87 - CHANGE OF VENUE; WHEN SEVERAL DEFENDANTS
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 87 - CHANGE OF VENUE; WHEN SEVERAL DEFENDANTS
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Where there are several defendants and an order of removal is issued at the request of one or several of them, but not of all of them, the defendants who did not request the transfer shall be tried in the part which issued the order of removal.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-viii/rule-88/
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Justia›US 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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE›Rule 88 - CHANGE OF VENUE; PROCEEDING IN THE COURT TO WHICH THE ACTION IS TRANSFERRED
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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 VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 88 - CHANGE OF VENUE; PROCEEDING IN THE COURT TO WHICH THE ACTION IS TRANSFERRED
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The part to which an action is transferred shall proceed to trial and judgment as if the action had commenced therein. If said part should deem it necessary to have any of the original pleadings or other papers before such court, the part from which the action is transferred shall, at any time, upon request of the prosecution or of the defendant, order their remittance by the clerk, retaining a certified copy thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-89/
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Justia›US 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 IX - PRETRIAL PROCEEDINGS›Rule 89 - JOINDER OF CAUSES
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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 IX - PRETRIAL PROCEEDINGS › Rule 89 - JOINDER OF CAUSES
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The court may order that two (2) or more informations or complaints be tried jointly where the offenses and defendants, if more than one, could have been joined in a single information or complaint. The prosecution shall continue as if it were a single information or complaint.
If a complaint is filed in the District Court for a misdemeanor related to any felony for having arisen from the same act or transaction or for having arisen from two (2) or more acts or transactions related to each other, or that constitute a part of a common plan, the defendant or the prosecuting attorney may request the District Court of First Instance [sic] and the latter may issue a warrant so that the decree on the case be referred to the Court of First Instance. The request of the defendant must be filed in the District Court before the beginning of the trial in the Court of First Instance. The proceeding in the Court of First Instance shall be continued having as its grounds the complaint filed in the District Court and the trial shall be tried by a court of law.
History —May 20, 1970, No. 28, p. 58; June 19, 1987, No. 29, p. 91, eff. 60 days after June 19, 1987.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-90/
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Justia›US 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 IX - PRETRIAL PROCEEDINGS›Rule 90 - SEPARATE TRIALS; GROUNDS
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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 IX - PRETRIAL PROCEEDINGS › Rule 90 - SEPARATE TRIALS; GROUNDS
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If it is shown that a defendant or The People shall be prejudiced by joining several offenses or defendants in a single information or complaint, or by joint trial, the court may order a separate trial of offenses or of defendants, or grant any other remedy proper at law.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-91/
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Justia›US 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 IX - PRETRIAL PROCEEDINGS›Rule 91 - SEPARATE TRIALS; ADMISSION BY CODEFENDANT
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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 IX - PRETRIAL PROCEEDINGS › Rule 91 - SEPARATE TRIALS; ADMISSION BY CODEFENDANT
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At the request of a codefendant the court shall order a separate trial when several persons are accused and one of them shall have made declarations, admissions or confessions pertinent to the case which might affect said codefendant adversely, unless the prosecuting attorney announces that he will not offer in evidence said declarations, admissions or complaints, nor shall he make, in any manner whatsoever, reference thereto during the trial.
This rule shall not be applicable to a trial for the offense of conspiracy.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-92/
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Justia›US 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 IX - PRETRIAL PROCEEDINGS›Rule 92 - SEPARATE TRIALS; OFFENSE OF CONSPIRACY
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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 IX - PRETRIAL PROCEEDINGS › Rule 92 - SEPARATE TRIALS; OFFENSE OF CONSPIRACY
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When separate persons are jointly accused of the same offense of conspiracy, the court shall order, at the request of one of them, a separate trial if it is shown that any one of the other conspirators, after having carried out or failed in the objective for which the alleged conspiracy was planned, made declarations, admissions or confessions pertinent to the case which might adversely affect the person who requested the separate trial, unless the prosecution announces that he will not offer in evidence said declarations, admissions or confessions, nor shall he make any reference thereto during the trial.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-93/
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Justia›US 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 IX - PRETRIAL PROCEEDINGS›Rule 93 - JOINDER OR SEPARATION; HOW AND WHEN REQUEST SHALL BE MADE
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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 IX - PRETRIAL PROCEEDINGS › Rule 93 - JOINDER OR SEPARATION; HOW AND WHEN REQUEST SHALL BE MADE
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The motion for the joinder or separation of actions under Rules 89 to 92 shall be filed in writing not less than twenty (20) days before the trial and it shall give the reasons for such request. Notice shall be served on the other party. For cause shown, the court may permit said motion to be filed at any time before the case is called for trial.
History —July 5, 1988, No. 65, p. 292, § 7, eff. 60 days after July 5, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-94/
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Justia›US 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 IX - PRETRIAL PROCEEDINGS›Rule 94 - DEPOSITIONS
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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 IX - PRETRIAL PROCEEDINGS › Rule 94 - DEPOSITIONS
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(a) Grounds; witness under arrest.— For exceptional circumstances and in the interest of justice, the court, at any time after the filing of a notice or complaint, may direct, on a motion by any of the parties with notice to the other parties, that the testimony of the soliciting party’s witness be taken by deposition, whether by means of stenography, shorthand or any other method of recording, and that any designated books, papers, documents or objects that are not privileged be produced at the time and place in which the deposition shall be taken.
If the witness is under arrest for failing to post bail to appear at a trial or hearing, the court, upon written petition of the arrested witness with notice to the parties, may direct that his deposition be taken. After the deposition has been signed, the court may release the witness.
(b) Notification.— The party at whose instance a deposition is to be taken shall notify each other party, ten (10) days in advance, of the day, time, and place where the deposition shall be taken and shall specify the name and address of each one of the persons to be examined. On a motion of any of the parties notified, the court may, for just cause, extend or shorten the time set for the taking of the deposition, or change the place designated for the taking of the deposition.
A party that has been notified of the taking of a deposition may request the court to postpone it by a motion accompanied by a sworn statement in which the reasons for requesting the postponement are specified. If the motion for postponement is allowed, the court shall, on the same writ, indicate the date, time and place for the deposition to be taken. The postponement allowed thereby will not exceed ten (10) days.
The defendant shall have the right to be present during the taking of the deposition, and to be assisted by legal counsel. If the defendant is under custody, the officer who is in charge shall be notified of the date, time and place the deposition is to be taken and said officer will transport him to it, unless the defendant waives his right to be present, in writing, in which case the deposition will be taken in his absence. When the defendant is free, he must be advised, in addition to being notified of date, time and place, that he fails to appear at the taking of the deposition, it will be taken in his absence. Said absence will be considered a waiver of his right to be present, unless there is just cause therefor.
(c) Payment of expenses.— When a defendant is insolvent or the deposition is taken on request of the prosecution, the court will direct that the expenses involved in taking the deposition, including travel and subsistence of the defendant and his attorney, be paid by the State. The defendant’s request to these effects will be done under oath, stating in detail the reasons for the request, and the defendant’s financial condition.
(d) How they shall be taken.— Every deposition shall be taken in the manner prescribed for the taking of depositions in the Rules of Civil Procedure. The court, at the request of any of the parties, may order that a deposition be taken through written interrogatories in the manner provided in civil actions, or by any means other than stenography or shorthand. In this latter case the court order shall specify the manner in which the deposition will be taken or recorded, as well as the cost, its custody and disposition, providing for said testimony to be recorded and preserved in a correct and dependable manner. The request by any of the parties, to take a deposition in a specific manner, will constitute a waiver of his objection to the taking and use of the deposition taken as requested.
Prior to taking a deposition, the prosecuting officer will make available to the defendant or his attorney for his examination and use during the taking of the deposition, any statement given by the deponent, that is in possession of the State, and to which the defendant would be entitled to during the trial.
(e) Use.— At the trial or during a hearing, a part or all of a deposition may be used as evidence if it is previously shown: that the deponent witness is dead; or that the deponent is outside of the Commonwealth of Puerto Rico, unless the absence was procured by the party offering the deposition; or that the witness is unable to be at the trial or to testify because of illness; or that the party offering the deposition has been unable to secure the attendance of the witness by summons or any other reasonable means. Any of the parties may use any deposition for the purpose of contradicting or refuting the testimony of the deponent as a witness.
If a party only gives a part of the deposition, any adverse party in the case may require him to give all of it which is relevant to the part given, and any party may give any other parts of the deposition.
The objections on the admission as evidence of a deposition or any part thereof shall be made as provided in civil actions.
(f) Depositions by stipulation.— None of the provisions of this rule shall hinder the taking of depositions orally, by written interrogatories, or by any method other than stenography or shorthand, which the parties, subject to the consent of the court, agree upon.
History —June 4, 1983, No. 80, p. 177.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-95/
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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 IX - PRETRIAL PROCEEDINGS›Rule 95 - DISCOVERY OF EVIDENCE OF THE PROSECUTION IN FAVOR OF THE DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 95 - DISCOVERY OF EVIDENCE OF THE PROSECUTION IN FAVOR OF THE DEFENDANT
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(a) On motion of the defendant at any time after the filing of the information or charges and within the term prescribed to submit it, the court shall order the prosecution to allow the defendant to inspect, copy or photocopy the following material or information in the possession, custody or control of the prosecution:
(1) Any sworn statement by the defendant in the possession of the prosecutor.
(2) Any sworn statement of the witnesses for the prosecution who have declared at the hearing to determine probable cause to arrest or summon, at the preliminary hearing, at the trial, or that were waived by the prosecution, and the record of prior criminal convictions.
(3) Any result or report of physical or mental examinations and of scientific tests or experiments relevant to the adequate preparation of the defense of the defendant, or to be used during the trial by the prosecution.
(4) Any book, paper, document, photograph, tangible object, structure or location relevant to the adequate preparation of the defense of the defendant that the prosecution intends to use at the trial or that was obtained from, or belonged to, the defendant.
(5) The record of prior criminal convictions of the defendant.
(6) Any report prepared by police agents related to the cases filed against the defendant that is relevant to the adequate preparation of the defense of the defendant. The discovery of this evidence shall be subject to the following conditions:
(A) That the objects, books, documents and papers that the defendant wishes to examine, be related or described with sufficient specification;
(B) that it does not affect the security of the Commonwealth nor the investigative work of its police agents, and
(C) that the corresponding motion by the defendant is filed with enough anticipation of the date set for the trial, so that there are no unnecessary delays in the proceedings nor undue inconveniences to the officials of the Commnwealth.
(b) The prosecution shall reveal all evidence exonerating the defendant that it has in its possession.
(c) The prosecution shall inform the court if the material or information requested is not in its possession, custody or control, in which case, the court shall order the person or entity that possesses it, has it under custody or controls it, to place it at the disposal of the defendant.
(d) The legal investigation writs, reports, memorandums, correspondence or other internal documents that contain the prosecution’s opinions, theories or conclusions shall not be subject to discovery or inspection by the defense.
History —July 1, 1988, No. 58, p. 266, § 1, eff. 90 days after July 1, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-95-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter IX - PRETRIAL PROCEEDINGS›Rule 95.1 - PRETRIAL CONFERENCE
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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 IX - PRETRIAL PROCEEDINGS › Rule 95.1 - PRETRIAL CONFERENCE
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(a) In the Court of First Instance.— At any time after the indictment is read to the defendant the court, upon motion by either party or on its own, may provide for the holding of one or more conferences for the purpose of considering any matters susceptible of being solved or stipulated prior to the pretrial. At the end of the conference, the court shall prepare a record stating the agreements reached and any orders entered. The record shall be filed as part of the record in the case, once it is accepted and signed by the defendant, his counsel and the prosecuting attorney. No admission of the defendant or of his counsel in the conference shall be used against him unless the defendant by a written motion, duly signed by him and his counsel so authorize and accept.
(b) In the District Court.— After filing of the proper complaint in the District Court, provided the People is represented by a prosecuting attorney, there may be held a pretrial conference following the procedure established in this rule.
(c) Presence of defendant.— Every conference shall be held in the presence of the defendant and his counsel or with the sole legal representation of the first, provided that the defendant expressly authorizes his counsel in writing to do so. The written authorization shall be made part of the record.
(d) When it shall be held.— The pretrial conference shall be held in chambers at least ten (10) days before the trial, except that under exceptional circumstances, or upon motion by either party, the court may hold it at any time before the trial.
(e) Effects of agreements.— The stipulations and other agreements reached by the parties shall be the law between the parties and shall govern subsequent procedures of the specific case object of the conference.
(f) Judge may preside the trial.— The judge who presided over the conference may hear and preside over the case on its merits.
History —Added on June 26, 1974, No. 88, Part 1, p. 311, eff. 90 days after June 26, 1974.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-95a/
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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 IX - PRETRIAL PROCEEDINGS›Rule 95A - DISCOVERY OF EVIDENCE OF THE DEFENDANT IN FAVOR OF THE PROSECUTION
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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 IX - PRETRIAL PROCEEDINGS › Rule 95A - DISCOVERY OF EVIDENCE OF THE DEFENDANT IN FAVOR OF THE PROSECUTION
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(a) On motion of the prosecution after the defendant has requested the discovery of evidence pursuant to clauses (3) and (4) of subsection (a) of Rule 95 and within the term prescribed for filing it, the court shall order the defendant to allow the prosecution to inspect, copy or photocopy the following material or information that is in the possession, custody or control of the defendant and that he intends to present as evidence at the trial:
(1) Any book, paper, document, photograph or tangible object.
(2) Any result or report of physical or mental examinations or scientific tests or experiments performed with relation to that particular case.
(b) This rule does not authorize the inspection, copying or photocopying of records, correspondence, writs or memoranda that are the product of the work of the defendant, or of the counsel for the defendant, in the investigation, study and preparation of his defense, nor of any communication made by the defendant, as well as those statements made by the defendant, by witnesses or possible witnesses for the defense or by the People, for the defendant or the agents or counsel of the defendant.
History —Added on July 1, 1988, No. 58, p. 266, § 2, eff. 90 days after July 1, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-ix/rule-95b/
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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 IX - PRETRIAL PROCEEDINGS›Rule 95B - NORMS THAT WILL GOVERN THE DISCOVERY OF EVIDENCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 95B - NORMS THAT WILL GOVERN THE DISCOVERY OF EVIDENCE
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(a) Ongoing duty to disclose.— If before or during the trial, a party discovers evidence or material in addition to that previously requested or ordered that is subject to discovery under Rules 95 and 95A, said party shall notify the existence of such additional evidence or material, as soon as it learns of the same, to the other party, the other party’s counsel, or the court.
(b) Time to conclude discovery.— All discovery provided in Rules 95 and 95A shall be completed within a term not to exceed ten (10) days before the trial.
(c) Protective orders.— On a duly founded motion by any of the parties, the court may order that the discovery or inspection be directed, restricted, postponed or conditioned, as well as to issue any order it deems necessary. If the court issues a protective order affecting a writ, the complete text of the party’s writ shall be sealed and preserved in the record of the court so that it is available to the appellate court in case of a writ of certiorari or appeal.
(d) Time, place and manner of the discovery of evidence ordered by the court.— The court order authorizing the discovery of evidence shall specify the date, place and manner that the inspection, copy or photocopy is to be made, and may establish the terms and conditions that the court deems fair and necessary.
(e) Effects of a refusal to comply with the court order.— If at any time during the process it is brought to the attention of the court that one of the parties has not complied with the order, the court may order said party to allow the discovery or inspection of the information or material, forbid said party to present the evidence not discovered during the trial, or may issue those orders or remedies that it deems necessary under the circumstances.
History —Added on July 1, 1988, No. 58, p. 266, § 3 eff. 90 days after July 1, 1988; June 24, 2012, No. 124, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-109/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 109 - TIME TO PREPARE FOR TRIAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 109 - TIME TO PREPARE FOR TRIAL
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(a) Continuances applicable to the Prosecuting Attorney and the Defense.— After entering his plea, the defendant shall be entitled to at least twenty (20) days to prepare for trial.
(b) Every motion for continuance, transfer of hearing or stipulation of continuance before the trial shall be filed in writing, at least five (5) days prior to the date of setting. The following shall be set forth therein:
(1) The grounds for such request.
(2) At least three (3) dates available to the petitioner for the hearing, if stayed. The available dates to be set shall have to be included within the court calendar in which court is setting dates for hearing.
A motion for continuance not complying with the foregoing provisions shall be denied flatly. A verbal request for continuance may only be made on the day of hearing, founded on extraordinary circumstances unforeseeable and beyond control of the parties or their attorneys.
If from the face of the written request or from the verbal request justified cause for continuance should arise, the judge shall forthwith issue a written resolution stating the grounds for granting the continuance, transfer or approval of stipulation of continuance and again setting the hearing for the nearest available date. A copy of such resolution shall be sent to the Administrative Judge.
Every motion for continuance or transfer or stipulation of continuance filed before the hearing shall be settled or approved by the administrative judge, except when he transfers the matter to the judge who is to hear or is hearing the case, for determination.
History —July 23, 1974, No. 207, Part 2, p. 110, eff. 60 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-110/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 110 - PRESUMPTION OF INNOCENCE AND REASONABLE DOUBT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 110 - PRESUMPTION OF INNOCENCE AND REASONABLE DOUBT
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In every criminal prosecution a defendant is presumed innocent until the contrary is proved, and in case of a reasonable doubt as to his guilt he shall be acquitted. If there is doubt between the degrees of an offense or of lesser and greater offenses, he may be convicted only of the lowest of such degrees or of the lesser offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-111/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 111 - RIGHT TO TRIAL BY JURY AND ITS WAIVER
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 111 - RIGHT TO TRIAL BY JURY AND ITS WAIVER
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Questions of fact in felony cases and, except as provided by special statutes, in misdemeanor cases, provided that the information was originally filed in the Court of First Instance and was also within the jurisdiction of the District Court, shall be tried by jury unless the defendant expressly, intelligently and personally waives the right to trial by jury. Before accepting the defendant’s waiver of his right to be tried by jury, the judge is bound to explain to the defendant the meaning of the waiver of such right and to warn him of the consequences thereof.
The court shall grant the trial by jury at any time after the arraignment. If the waiver to the right of trial by jury is filed after the beginning of trial, the trial judge is authorized to discretionally allow it to continue by court of law with the consent of the government attorney.
History —July 9, 1986, No. 86, p. 273, eff. 30 days after July 9, 1986.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-112/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 112 - JURY; NUMBER OF JURORS; VERDICT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 112 - JURY; NUMBER OF JURORS; VERDICT
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Juries shall be of twelve (12) residents of the district, who shall render a verdict by the concurrence of not less than nine (9) votes.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-113/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 113 - CHALLENGES; GENERAL OR INDIVIDUAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 113 - CHALLENGES; GENERAL OR INDIVIDUAL
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The People or the defendant may challenge a whole group of jurors selected pursuant to these rules, or any individual juror. The challenge to the whole panel shall be known as general challenge and the challenge to a juror, as individual challenge.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-114/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 114 - GENERAL CHALLENGE; GROUNDS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 114 - GENERAL CHALLENGE; GROUNDS
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A general challenge may be grounded on a material departure from the forms prescribed by these rules in the selection of the jury, or on the failure to summon, intentionally, one or more of the jurors drawn.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-115/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 115 - GENERAL CHALLENGE; WHEN TAKEN
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 115 - GENERAL CHALLENGE; WHEN TAKEN
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The general challenge must be taken before the jurors are sworn to be examined as to their capacity to serve as such, but the court may for just cause permit the challenge at any time before all the members of the jury are definitively sworn to act in the case.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-116/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 116 - GENERAL CHALLENGE; FORM AND CONTENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 116 - GENERAL CHALLENGE; FORM AND CONTENTS
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A general challenge shall be in writing and must plainly and distinctly state the facts constituting the grounds of challenge. However, for just cause, the court may permit that it be made orally. The general challenge shall always be entered in the minutes of the court.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-117/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 117 - GENERAL CHALLENGE; ORDER
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 117 - GENERAL CHALLENGE; ORDER
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The court may hear evidence as to the issues of fact raised by the general challenge. If the court grants the challenge it shall immediately excuse the whole panel and order a new drawing, or if necessary, the preparation of a new final list pursuant to the procedure prescribed by these rules.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-118/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 118 - INDIVIDUAL CHALLENGE; WHEN TAKEN
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 118 - INDIVIDUAL CHALLENGE; WHEN TAKEN
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An individual challenge may be peremptory or for cause. It must be taken before the juror is sworn to try the cause, but the court may for just cause allow the challenge after the oath and before evidence is introduced.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-119/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 119 - JURORS; PRELIMINARY OATH AND EXAMINATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 119 - JURORS; PRELIMINARY OATH AND EXAMINATION
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(a) Jurors shall be sworn, individually or collectively, as directed by the court, to answer truthfully and faithfully all questions asked them in connection with their capacity to act as jurors.
(b) The court shall examine and ask the juror the pertinent questions as to his capacity to serve. The court shall allow the parties to effectuate any additional examination of the potential jurors.
History —June 26, 1974, No. 89, Part 1, p. 313.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-120/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 120 - INDIVIDUAL CHALLENGES; ORDER
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 120 - INDIVIDUAL CHALLENGES; ORDER
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The order of the individual challenges shall be the following:
(a) For cause of the defendants.
(b) For cause of the prosecuting attorney.
(c) Peremptory of the prosecuting attorney.
(d) Peremptory of the defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-121/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 121 - CHALLENGE FOR CAUSE; GROUNDS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 121 - CHALLENGE FOR CAUSE; GROUNDS
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A challenge of a juror for cause may be taken on any of the following grounds:
(a) Not eligible to act as such.
(b) Consanguinity or affinity within the fourth degree to the defendant, his lawyer, the prosecutor, to the person alleged to be aggrieved, or the one whose accusation instituted the cause.
(c) That has the relationship of guardian and ward, attorney and client, master and servant, or landlord and tenant to the defendant or allegedly injured person; that he is an adverse party to the defendant in a civil action, or has accused or been accused by him in a criminal proceeding.
(d) That has been one of a jury formerly sworn to try another person for the same offense that motivates the charge, or has been a member of another jury that tried the same charge, or who has personal knowledge of facts essential to the cause.
(e) Unable to try the cause with complete impartiality. A person shall not be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, if said opinion is based on public rumor, statements by the press, or common notoriety, provided that in the judgment of the court, upon his declaration under oath or otherwise, he can and will, notwithstanding such opinion, act impartially and fairly on the matter to be submitted to him.
History —May 27, 1980, No. 61, p. 156.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xi/rule-122/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XI - TRIAL›Rule 122 - CHALLENGE FOR CAUSE; EXEMPTION FROM 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 XI - TRIAL › Rule 122 - CHALLENGE FOR CAUSE; EXEMPTION FROM SERVICE
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An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.
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