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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-215/
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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 XIV - APPEALS›Rule 215 - PETITION FOR CERTIFICATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 215 - PETITION FOR CERTIFICATION
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In criminal cases the petition for certification shall be prosecuted pursuant to the proceedings provided in the Rules of Civil Procedure for the General Court of Justice.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-216/
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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 XIV - APPEALS›Rule 216 - RECONSIDERATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 216 - RECONSIDERATION
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The party that is adversely affected by a final resolution or judgment of the Circuit Court of Appeals may file a motion for reconsideration within the undeferrable term of fifteen (15) days from the date a copy of the notice of the resolution or judgment is filed in the record. The term to appeal to the Supreme Court shall start to count from the date a copy of the notice of the resolution or judgment of the Circuit Court of Appeals definitively resolving the motion for reconsideration is filed in the record.
History —Added on Dec. 25, 1995, No. 251, § 21, eff. May 1, 1996.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xiv/rule-217/
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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 XIV - APPEALS›Rule 217 - REVIEW OF JUDGMENT PRONOUNCED ON APPEAL; TERM
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 217 - REVIEW OF JUDGMENT PRONOUNCED ON APPEAL; TERM
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The judgment pronounced on appeal or certiorari, or the final resolution dismissing the writ of certiorari issued by the Circuit Court of Appeals, may be reviewed by the Supreme Court through certiorari to be issued at its discretion, and not otherwise. The writ of certiorari shall be filed within thirty (30) days from filing the notice of the judgment or the resolution of a motion for reconsideration as provided in Rule 216 of this appendix, in the record. This term is jurisdictional.
History —Oct. 24, 1968; June 26, 1974, No. 91, Part 1, p. 315; § 2; Dec. 25, 1995, No. 251, § 22, eff. May 1, 1996.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-218/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 218 - BAIL AND CONDITIONS, WHEN REQUIRED; CRITERIA FOR SETTING; REVIEW OF AMOUNT OR CONDITIONS;...
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 218 - BAIL AND CONDITIONS, WHEN REQUIRED; CRITERIA FOR SETTING; REVIEW OF AMOUNT OR CONDITIONS; IN GENERAL
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(a) Right to bail; who shall set it; imposing of conditions.— Every person arrested for any offense shall be entitled to be released on bail or on a condition or combination of conditions imposed pursuant to subsection (c) of this rule until convicted. For the purpose of determining the amount of the corresponding bail and the imposition of the conditions deemed suitable and convenient, the court shall take into account the evaluation report and the recommendations of the Office of Pretrial Services pursuant to the provisions of §§ 1301 et seq. of Title 4. In the case of persons charged with any of the following felonies, as classified in the Puerto Rico Penal Code and other special laws, to wit: murder, aggravated robbery; aggravated arson; use of a minor for child pornography; intentional poisoning of waters for public use; sexual assault; kidnapping; aggravated kidnapping; child abduction; intentional child abuse, as provided for in Section 75 of Act No. 177, supra; § 2401, specifically when the transaction involves half a kilogram (1.1 pounds) or more of cocaine or heroin, or one kilogram (2.2 pounds) or more of marihuana, and § 2405 on Distribution to Persons Under the Age of Eighteen (18); § 2408 on Ongoing Criminal Venture; and § 2411a on the Introduction of Drugs in Schools and Institutions, all of Title 24; the following sections of the Weapons Act: § 456m on Assault Weapons, § 458 on Manufacturing, Import, Sale, and Distribution of Weapons, § 458b on Automatic Firearms Trade, § 458f on Illegal Possession or Use of Automatic Weapons or Shotguns, § 458g on Possession or Sale of Silencing Devices, § 458h on Facilitation to Third Parties, and § 458i on the Effacement or Mutilation of the Serial Number or the Name of the Owner of a Firearm, all of Title 25; violations of the provisions of §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, involving serious bodily harm, and those felonies involving the use of any type of weapon, as these are defined in §§ 455 et seq. of Title 25, known as the “Puerto Rico Weapons Act”, and the circumstances listed in subsection (c) of this rule, pursuant to the procedure established therein, the court, in addition to setting the corresponding bail, shall impose the condition that the person charged be subject to electronic monitoring, and such other conditions provided in subsection (c) of this rule, as well as order his/her release on personal recognizance, in the custody of a third party, and on deferred bail. When bail is required in these cases, such bail may be admitted by any magistrate, except when probable cause for the arrest of the defendant is shown in absentia, in which case, the bail set by the magistrate may only be modified through a motion under Rule 218.
In the event that a defendant is charged with any of the offenses listed above, the court shall have the evaluation and recommendation report of the Office of Pretrial Services, except that it shall not authorize a deferred bail.
In the event of a finding of probable cause for the arrest of a defendant in absentia, the bail set by the magistrate may only be modified through a motion under Rule 218. Any defendant who posts his/her bail in cash shall have five (5) business days from the time he/she was released on bail to submit a certification of the Department of the Treasury establishing that the surety is a bona fide taxpayer and has reported income that warrants the bail he/she intends to post. Should the proper certification not be submitted during the corresponding term, for causes attributable to the surety, the bail posted shall be returned, and the court shall verify whether the defendant has any other way of posting bond other than those prescribed in these Rules. Should the certification not be submitted within the term provided, for causes attributable to the Department of the Treasury, the term shall be extended until the Department of the Treasury submits the same. This additional term shall never exceed ten (10) days.
In those cases where the surety is unable to submit a bona fide taxpayer certification, but is able to prove that he/she has the money to post the bail, a hearing shall be held in which the defendant shall have the right to legal counsel and be heard regarding any other means he/she has to post the bail set.
(b) Setting the amount of bail.— In no case shall excessive bail be demanded. In setting the amount of the bail the circumstances related to the suitable guarantee for appearance of the person charged with the offense shall be considered, including:
(1) Nature and circumstances of the offense charged.
(2) Links of the accused with the community, among them his time of residence, his employment record and his family relations.
(3) The character, dangerousness and mental condition of the person charged of an offense. To such effects, the court may avail itself of the record of prior convictions or of any other information deemed creditable and that is pertinent to the matter.
(4) Economic means of the accused.
(5) Record of the accused on previous appearances and compliance with judicial orders.
(6) The evaluation, reports and recommendations made by the Office of Pretrial Services.
(c) Imposition of conditions.— Subject to the provisions of subsections (a), (b) and (c) Rule 6.1 of this appendix, one or more of the following conditions may be imposed:
(1) To remain under the responsibility of another person of acknowledged good repute in the community, or under the supervision of a probation officer or other official designated by the court. The court shall determine the degree and manner that the supervision shall be performed and the person acting as custodian shall be obliged to supervise him, produce him in court and report any violation of the conditions imposed.
(2) Not to commit any offense during the period he is free on bail or associate with persons who plan, intend to commit or commit delinquent acts.
(3) To keep his job, or if unemployed, to make efforts to obtain one.
(4) To meet specific requirements regarding his place of residence or going on trips.
(5) To avoid all contact with the alleged victim of the crime or with potential witnesses.
(6) Not to possess firearms or other deadly weapons.
(7) Not to consume liquor or narcotics or other controlled substances.
(8) To submit to medical or psychiatric treatment including treatment to prevent dependency on drugs or alcoholic beverages.
(9) Not to leave the place of residence, housing or neighborhood on specific days and hours to ensure his safety or that of other citizens.
(10) To turn over to the magistrate or to any other person designated by him his passport or any other document that established the defendant’s residence or citizenship.
(11) Whenever a vehicle rented from an accredited company is used in the commission of a crime, the magistrate shall order the accused to deposit a legal bond in a sufficient amount to cover the total appraised value of the vehicle in behalf of the Commonwealth of Puerto Rico, in the event that the seizure proceeds. In cases in which the seizure of the vehicle proceeds, the bond proceeds shall be covered into the special fund administered by the Seizures Board, as established in §§ 1723—1723o of this title.
(12) To meet any other reasonable condition imposed by the court.
The conditions imposed pursuant to this rule cannot be burdensome to the extent that their observance entails the temporary imprisonment of the defendant as if he/she were in a penal institution.
However, for those offenses listed in subsection (a) of this rule, the following restrictions are established:
(1) No bail with the benefit of paying ten percent (10%) in cash shall be set for the defendant.
(2) For these offenses, the court shall impose as an additional special condition for release on bail that the defendant be subject to electronic monitoring under the supervision of the Office of Pretrial Services.
(3) Bail may not be deferred.
(13) For offenses mentioned in subsection (a) of this rule, the court may impose the following additional conditions.
(A) Avoid all contact with the alleged victim of the crime or potential witnesses.
(B) Refrain from committing any offense whatsoever while on release or establishing any relationship with persons who plan, intend to commit, or commit delinquent acts.
(C) Not possess firearms or any other deadly weapon.
(D) Not consume alcoholic beverages or narcotics or any other controlled substance.
In those cases in which it is pertinent to impose the restrictions established in this rule, the judge shall hold an adversative hearing in which the dangerousness of the accused and the seriousness of the crime of which he/she is accused shall be evaluated, in order to determine if the conditions listed above can be imposed to guarantee his/her appearance and ensure public safety. In the hearing, the judge shall evaluate the following factors: (1) the characteristics and circumstances of the crime object of the accusation; (2) the history and characteristics of the accused, including his/her personality and mental condition, family ties, employment, financial resources, the time he/she has lived in the community, ties with the community, previous behavior, criminal history, and previous compliance with prior appearances; and (3) the danger that the release of the accused would represent for any person or the community.
During the hearing, the accused shall be entitled to be represented by an attorney. The determination of the judge may be reviewed by certiorari before the Court of Appeals.
(d) Review of conditions or of bail.—
(1) Before conviction.— A party may request review of the conditions or the bail set through a motion, solely before the Part of the Court of First Instance corresponding to the judicial district with competence to try the case. If the motion requests the extension of the conditions or the increase of bail, the magistrate who is to pass on the same shall stipulate conditions aimed at ensuring the appearance of the defendant, including summoning him to notify him of the resolution of the court with regard to the motion to review the conditions or bail. A motion to extend or limit the conditions or to increase or reduce bail shall be settled within twenty-four (24) hours following its filing, after a hearing with the prosecuting attorney and the defendant if it pleases them to appear after having been summoned.
(2) After conviction.— The court or judge who has imposed the conditions or set bail on appeal shall be empowered to extend or limit the conditions or to increase or reduce the amount of the bail when in his judgment the circumstances so warrant and after a hearing with the prosecuting attorney and the defendant, if it pleases them to appear after having been summoned.
(e) Order of release.— In any case in which a magistrate of a court imposes conditions or sets bail subject to the procedures established in this rule, he shall issue an order of release.
History —Feb. 8, 1966; July 23, 1974, No. 139, Part 1, p. 648, § 1; July 20, 1979, No. 177, p. 482, § 1; June 5, 1986, No. 39, p. 103, § 4; Aug. 13, 1994, No. 82, § 2; Dec. 24, 1995, No. 245, § 4; Aug. 28, 1996, No. 167, § 2; Mar. 13, 2003, No. 85, § 1; June 3, 2004, No. 133, § 6; June 3, 2004, No. 134, § 2; Dec. 22, 2009, No. 190, § 2; Dec. 27, 2011, No. 281, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-219/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 219 - BAIL; CONDITIONS; REQUIREMENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 219 - BAIL; CONDITIONS; REQUIREMENTS
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(a) Before conviction.— The conditions imposed and the bail furnished at any time before conviction shall insure the presence of the defendant before the magistrate or the corresponding court and his submission to all orders, summons and proceedings thereof, including the pronouncement and execution of sentence as well as the appearance of the defendant at the preliminary hearing in the appropriate cases, and which in its absence the sureties shall pay a specified amount of money to the Commonwealth of Puerto Rico.
(b) On appeal.— If defendant is admitted to bail after he has filed an appeal or petition for certiorari, the bail undertaking shall guarantee that the defendant, if the judgment is affirmed or modified, shall submit to the execution of the judgment and shall pay whatever costs may be imposed on him and as a consequence of his appeal; that if the judgment is reversed and the case is remanded for new trial, he shall appear before the court to which it is remanded and he shall submit to all orders, summons and proceedings of said court; that he shall not leave Puerto Rico without permission of the trial court and that in default thereof the sureties shall pay the Commonwealth of Puerto Rico a specific amount of money.
History —June 5, 1986, No. 39, p. 103, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-220/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 220 - BAIL; QUALIFICATIONS OF SURETIES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 220 - BAIL; QUALIFICATIONS OF SURETIES
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Every bond shall be signed or acknowledged before a magistrate or clerk, as the case may be, either by a company authorized to furnish bail in Puerto Rico; or by the Executive Director of the “Expedited Bail Project”, created by an Order issued by the District Court of the United States for the District of Puerto Rico on April 28, 1988, in the case of Carlos Morales Feliciano, et al. vs. Rafael Hernández Colón, et al., Civil Case No. 79-4 (PG), which for the purposes of this rule, shall be deemed to be a company authorized to furnish bail in Puerto Rico, specifically including, but without it being understood as a limitation, the authority to furnish surety or cash bail, including ten percent (10%) in cash of the total bail imposed whenever the judge or magistrate who imposes the bail, in the exercise of his/her discretion, deems it convenient or necessary to grant such benefit; be it by a surety, resident of Puerto Rico, who possesses real property in Puerto Rico not exempted from execution, for a value equal to the amount of bail, after having deducted any liens on said property, except that the magistrate or clerk before whom bond is furnished may allow more than one surety to bind themselves severally in lesser amounts, provided the total of the individual obligations is equal to twice (2) the amount of the bail. Wherever the term “sureties” is used in these rules, it shall be construed to read “surety or sureties”.
History —June 13, 1968, No. 84, p. 151; July 14, 1993, No. 24, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-221/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 221 - BAIL; SURETIES; JUSTIFICATION OF QUALIFICATIONS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 221 - BAIL; SURETIES; JUSTIFICATION OF QUALIFICATIONS
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Sureties not authorized to furnish bail in Puerto Rico must justify under oath taken before the magistrate granting bail, in all cases, that the assets offered as surety possess the qualifications provided in Rule 220. The magistrate shall examine the bondsmen under oath to determine if the property complies with the provisions of Rule 220 and shall draw up the minutes of the oral and documentary evidence offered.
In the event that bail is admitted with the securities offered, the court shall issue the corresponding writ, which shall be processed by the prosecutor, addressed to the property registrar in charge of the registration section in which the property offered as security is recorded, so that the lien imposed by the surety is recorded in the property registry and, consequently, shall have the same effects as a real mortgage right, although it shall not be necessary to appraise the property or properties for auctioning. The writ shall identify the property being encumbered and shall include all other information that could be necessary to achieve registration pursuant to the provisions of § 2001 et seq. of Title 30.
The registrar of deeds shall remit the registered surety document or any notice of defects found by mail. If the notice of registration indicates that the property does not meet the conditions of Rule 220, nor does it support the statements made under oath by the bailor, the prosecutor shall ask the court to revoke the bail and proceed according to law. When bail is cancelled, the court, by petition of the party, shall issue a new writ to the registry ordering that the lien be cancelled. The recording of bail shall be done by the property registrar free of charge.
History —July 9, 1986, No. 83, p. 266, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-222/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 222 - BAIL; DEPOSIT INSTEAD OF BAIL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 222 - BAIL; DEPOSIT INSTEAD OF BAIL
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The defendant may deposit the amount of bail in cash, instead of giving bail, and the deposit thus made shall guarantee compliance with the conditions stated in Rule 219 and the payment of costs and of any fine that might be imposed. The officer who accepts the deposit shall issue a certificate thereof and the defendant, upon delivering to the office in whose custody he is the order of his release, must be discharged from custody.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-223/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 223 - BAIL; SUBSTITUTION OF DEPOSIT FOR BAIL AND VICE VERSA
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 223 - BAIL; SUBSTITUTION OF DEPOSIT FOR BAIL AND VICE VERSA
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The deposit may be substituted by an undertaking and vice versa with the approval of the court, provided none of the conditions guaranteed is violated.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-224/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 224 - BAIL; SURETIES; EXONERATION BY SURRENDER OF THE DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 224 - BAIL; SURETIES; EXONERATION BY SURRENDER OF THE DEFENDANT
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Provided none of the conditions of the bond is breached, any surety may, in order to be exonerated, surrender the defendant, or the latter may surrender himself to the officer in whose custody he was committed at the time of giving bail, or might have been committed if none had been furnished, in the following manner:
(a) A certified copy of the undertaking of the bail or certificate of deposit must be delivered to the corresponding officer, who must detain the defendant in his custody as upon a commitment and he shall issue a certificate acknowledging the surrender.
(b) The officer shall send the certified copy of the bail and the certificate of surrender of the defendant to the court in which the action is pending and the court may, upon notice to the prosecuting attorney, to whom a copy of the undertaking and certificate shall be sent, order that the bail be exonerated or return the deposit.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-225/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 225 - BAIL; SURETIES; EXONERATION BY SURRENDER; ARREST OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 225 - BAIL; SURETIES; EXONERATION BY SURRENDER; ARREST OF DEFENDANT
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For the purpose of surrendering the defendant, the sureties, at any time before they are finally discharged, and at any place within the territory of the Commonwealth of Puerto Rico, may themselves arrest him or by a written authority indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-226/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 226 - BAIL; FORFEITURE OF COSTS OR FINE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 226 - BAIL; FORFEITURE OF COSTS OR FINE
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Upon expiration of the term to appeal from a judgment imposing a fine, or a fine and costs on the defendant, or after five (5) days have elapsed from the receipt of the mandate affirming said judgment, the trial court in the event that the deposit mentioned in Rule 222 has been made, shall enter judgment ordering the forfeiture of the deposit up to the amount necessary to satisfy the payment of all the costs imposed including those on appeal, if any, and it may further direct the clerk to apply the necessary amount in satisfaction of the fine imposed. In the event that bail was furnished, the trial court may enter judgment directing the sureties to pay the costs, if they should not have been paid.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-227/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 227 - BAIL; PROCEEDING FOR ITS FORFEITURE; FAILURE TO COMPLY WITH CONDITIONS; DETENTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 227 - BAIL; PROCEEDING FOR ITS FORFEITURE; FAILURE TO COMPLY WITH CONDITIONS; DETENTION
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(a) Bail; forfeiture.— If the defendant fails to comply with any of the conditions of the bail, the court taking cognizance of the offense shall order the sureties or the depositor to show cause why the bail or deposit should not be forfeited. The order shall be served personally or sent by registered mail to the known address of the surety or their representatives, agents or attorneys in fact or the depositor. In cases that the surety has a representative, agent or attorney in fact, due service of notice to the latter shall have the same effect as a notice to the surety.
If the sureties or depositor satisfactorily explain the noncompliance on which the order is based, the court may vacate it under the conditions it deems proper.
If there is no satisfactory explanation intervening for such noncompliance, the court shall proceed to enter a summary judgment against the sureties or the depositor, forfeiting the amount of bail or deposit, but it shall not become final and enforceable until forty (40) days after notice thereof. If the surety should take the defendant to the presence of the court within that period, it will set aside said judgment.
Once the previously prescribed period has elapsed, and in the absence of the death, physical or mental illness of the bailee occurring before the date the judgment was entered ordering forfeiture of bail, the surety will answer for the failure to appear by the defendant with its bail.
Once a judgment directing the forfeiture of bail or deposit becomes final and enforceable, the clerk of the court, without further orders, shall immediately remit a certified copy of said judgment to the Secretary of Justice so that he may proceed with its execution pursuant to Rule 51 of the Rules of Civil Procedure for the General Court of Justice, App. III of Title 32, and shall likewise send the deposit in his possession to the Secretary of the Treasury.
Provided, That the court may vacate the judgment of forfeiture at its discretion, at any time prior its execution provided the following circumstances prevail:
(1) That the sureties may have presented the defendant before the court.
(2) That the court verifies to its satisfaction the above fact.
Application to vacate the judgment shall be made through a motion which shall be filed within a reasonable time, but in no case after six (6) months from the time the judgment or order was entered have elapsed. A motion to such ends shall not affect the purpose of a judgment nor shall it stop its effects.
(b) Noncompliance of conditions; detention.— If in lieu of bail or in addition thereto the magistrate has established any condition to remain free on bail and said condition is not complied with, it shall be an offense under §§ 2001 et seq of Title 33. The court with competence to try the case shall proceed to order the arrest of the defendant. The court may render ineffective a condition imposed and in lieu thereof may require furnishing of bail, forfeiture of bail or the deposit furnished pursuant to the provisions of this rule may require that the total amount of the bond be furnished or increase the amount thereof.
History —June 18, 1965, No. 52, p. 95, § 1; May 26, 1967, No. 67, p. 260, § 1; June 5, 1986, No. 39, p. 103, § 6; July 1, 1988, No. 55, p. 260, § 1, eff. 90 days after July 1, 1988.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-228/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 228 - CONDITIONS; BAIL; ARREST OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 228 - CONDITIONS; BAIL; ARREST OF DEFENDANT
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The arrest of the defendant on whom conditions have been imposed, or who has furnished bail or deposit shall be ordered in the following cases:
(a) When there has been a breach of any of the conditions imposed, or of the conditions of the undertaking or deposit.
(b) When his bailors, or either of them are dead or insufficient, or have moved from Puerto Rico.
(c) When additional conditions have been imposed, or the amount of bail has been increased.
(d) When the order granting conditional freedom or bail on appeal to the Supreme Court has been set aside.
If the order decreeing the arrest is entered upon such terms that the defendant should have to submit to new conditions or should have the right to furnish a new bond under these rules, the new conditions or the amount of the new bond as the case may be shall be fixed in said order. The order shall state the grounds for the arrest; it shall provide that any marshall, policeman or other authorized official to whose custody he would have been remanded if no conditions had been imposed or no bail had been originally furnished, until he is legally released from jail.
History —June 5, 1986, No. 39, p. 103, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-229/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 229 - SEARCH WARRANT AND INTERNAL REVENUE AGENT DEFINED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 229 - SEARCH WARRANT AND INTERNAL REVENUE AGENT DEFINED
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A search warrant is an order issued in the name of The People of Puerto Rico, signed by a magistrate, and directed to a peace officer, internal revenue agent or income tax inspector, within the functions of his office, commanding him to search and seize certain personal property and bring it before the magistrate. The term “internal revenue agent” as used in these rules, does not include internal revenue collectors and assessors, even though some act may confer on internal revenue collectors and assessors the same powers that internal revenue agents have.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 230 - SEARCH WARRANT; GROUNDS FOR ISSUANCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 230 - SEARCH WARRANT; GROUNDS FOR ISSUANCE
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A search warrant may be issued to search or seize property:
(a) Stolen, embezzled or obtained by extortion.
(b) Which has been, is or is intended to be used as a means to commit an offense.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-231/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 231 - SEARCH WARRANT; REQUISITES FOR ISSUANCE; FORM AND CONTENTS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 231 - SEARCH WARRANT; REQUISITES FOR ISSUANCE; FORM AND CONTENTS
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A search warrant shall not be issued except upon a written statement, made before a magistrate under oath or affirmation, which shall set forth the facts tending to establish the grounds for the issuance. If from the affidavit and the examination of the affiant, the magistrate is satisfied that there is probable cause for the search, he shall issue the warrant, naming or describing particularly the person or place to be searched and the things or property to be seized. The warrant shall state the grounds for its issuance and the names of the persons on whose affidavits the warrant is based. It shall order the officer to whom it is directed to forthwith search the person or place named for the property specified, and to make a return of the service of the warrant to the magistrate, together with the property seized. The warrant shall direct that it be served in the daytime, but the magistrate, by reason of necessity and urgency, may direct that it be served at any time of the day or night.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-232/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 232 - SEARCH WARRANT; EXECUTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 232 - SEARCH WARRANT; EXECUTION
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The search warrant shall be executed and returned, only within ten (10) days of its issuance. The officer executing it shall give to the person from whom the property was taken, or in whose possession it was found, a copy of the warrant and a receipt for the property taken, or shall leave such copy and receipt at the place from which the property was taken. The return shall be accompanied by a written inventory of any property taken which shall be made in the presence of both the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present; and if any of them is not present, in the presence of at least one creditable person. The inventory shall be verified by the officer. The magistrate shall, upon request, deliver a copy of the inventory to the applicant for the warrant or to the person from whom the property was taken.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 233 - SEARCH WARRANT; RETURN
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 233 - SEARCH WARRANT; RETURN
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A magistrate to whom a search warrant is returned after execution, shall attach thereto a copy of the return, the inventory, the affidavits and any other existing documents related thereto and the property taken, and he shall forthwith remit them all to the court having power to inquire into the offense in respect to which the search warrant was issued.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 234 - SEARCH; MOTION TO SUPPRESS EVIDENCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 234 - SEARCH; MOTION TO SUPPRESS EVIDENCE
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Any person aggrieved by an illegal search, may request the court referred to in Rule 233, to suppress the evidence obtained by virtue of said search thereunder, or to return the property, on any of the following grounds:
(a) That the property was illegally taken without a search warrant.
(b) That the search warrant is insufficient on its face.
(c) That the property seized or the person or place searched is not that described in the search warrant.
(d) That there was no probable cause for believing the existence of the grounds on which the warrant was issued.
(e) That the warrant was issued or executed illegally.
(f) That any of the affidavits supporting the issuance of the search warrant is insufficient because what had been affirmed under oath in the deposition is totally or partially false.
The motion to suppress evidence shall state the specific facts or reasons that support the ground or grounds upon which it is based. The court shall entertain evidence about any question of fact needed to resolve the request and it shall hold an evidentiary hearing before a magistrate other than the one who shall hear the trial, when dealing with evidence seized with a warrant and the plaintiff shows that a substantial controversy of facts that makes the holding of a hearing necessary; in the absence of such demonstration, the court may rule a motion without prior hearing, on the grounds of the documents presented by the parties.
The court shall be bound to hold an evidentiary hearing prior to the trial and before a magistrate other than the one who will hear the trial when dealing with evidence seized without a warrant if in the request the plaintiff alleges facts or grounds that show that the search or seizure is illegal or unreasonable. The prosecutor shall be bound to contest the presumption of illegality of the search or seizure and shall establish the elements to support the exception corresponding to the requirement of a warrant.
If the motion is allowed, the property shall be returned if there are no legal grounds to prevent it, and will not be admissible as evidence at any hearing or trial. The prosecutor shall be notified of the motion and it shall be presented five (5) days prior to the trial, unless the existence of just cause for not presenting it within said term is demonstrated or the grounds for the suppression are unknown to the defendant or the illegality in obtaining the evidence arises from the evidence of the prosecutor.
History —July 5, 1988, No. 65, p. 292, § 8; June 1, 2007, No. 44, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 235 - WITNESSES; WHO MAY ISSUE SUBPOENA
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 235 - WITNESSES; WHO MAY ISSUE SUBPOENA
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A subpoena for the appearance of witnesses and their examination under oath may be issued by any magistrate for the investigation of an offense or for a preliminary hearing. When the prosecutor, in those cases and under the conditions allowed by these rules, provides the court with the name and address of the accused person or witnesses this shall be understood to be a request for a subpoena, whether it be to determine cause for the trial or for any procedure pending a hearing. In these cases, the court must promptly issue or order the clerk of the court to issue the corresponding subpoena or subpoenas which shall be served by the court’s marshalIs or their delegates.
A judge of any court may issue or order the clerk to issue a subpoena for the appearance of any witness in court for the taking of depositions or for any hearing. The clerk of the court, upon application of the defendant, may issue subpoenas without charge for the same purposes.
Any prosecuting attorney may issue a subpoena for the appearance of witnesses and their examination under oath for the investigation of an offense. If a witness does not obey the subpoena, the court, at the request of the prosecuting attorney, shall issue an order for his appearance before said official on the date and the time indicated under penalty of contempt.
History —July 9, 1986, No. 80, p. 259, § 3.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 236 - WITNESSES; SERVICE OF SUBPOENA
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 236 - WITNESSES; SERVICE OF SUBPOENA
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A subpoena may be served by any person, but a peace officer must serve in his district any subpoena delivered to him for service, either on the part of The People or the defendant. Service of a subpoena is made by showing the original to the witness personally and delivering a copy thereof to him or sending it by mail to his last address, with return receipt. The person serving a subpoena must make a written return of the service, stating the time and place of service. In case where service is made by mail he must also include the return receipt.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 237 - WITNESSES; ADVANCE PAYMENT OF EXPENSES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 237 - WITNESSES; ADVANCE PAYMENT OF EXPENSES
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When a person, by virtue of a subpoena, attends before a judge or a court as a witness for The People or for the defense and is poor and unable to pay the expenses of such attendance, the court, in its discretion, may direct the clerk of the court to pay the witness a reasonable sum, which shall not exceed the per diem assigned to him and which shall be charged against his per diem. The order of the court shall be in writing, but it may be issued in open court, in which case it shall be entered in the minutes.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 238 - WITNESSES; ARREST AND BAIL TO GUARANTEE APPEARANCE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 238 - WITNESSES; ARREST AND BAIL TO GUARANTEE APPEARANCE
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If any of the parties shows, by affidavit, that there is a reasonable fear that any of the witnesses in a criminal action will fail to appear unless a bond is furnished, the judge acting in the preliminary investigation, or the court having jurisdiction of the case, shall order the witness to give bail in any amount he deems sufficient, and for failure to give bail, he shall order his arrest until the witness does so, or his deposition is taken. The bail undertaking shall meet the requirements fixed in these rules for defendant’s bail, and it will guarantee the witness’ attendance in any part of the court where the trial or trials are to be held, or at the preliminary hearing, on the date for which he was subpoenaed. If after being duly summoned, the witness fails to appear, the undertaking shall be forfeited in the same manner as undertakings of bail.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 239 - MENTAL CAPACITY OF DEFENDANT BEFORE TRIAL
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 239 - MENTAL CAPACITY OF DEFENDANT BEFORE TRIAL
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No person can be tried, convicted or punished for an offense while he is mentally incompetent.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 240 - MENTAL COMPETENCY OF THE DEFENDANT; DETERMINATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 240 - MENTAL COMPETENCY OF THE DEFENDANT; DETERMINATION
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(a) Hearing; experts.— At any time after the indictment or complaint is filed and before judgment is rendered, if the court has evidence, in addition to the opinion of the legal representation of the defendant, establishing by a preponderance of evidence that the defendant is mentally incompetent, it shall detail in writing the grounds for said determination, order the stay of the proceedings and schedule a hearing to determine defendant’s mental competency. Once this hearing has been scheduled, the court shall designate one or several experts to examine the defendant and to determine his/her mental condition. Any other pertinent evidence presented by the parties shall be introduced at the hearing. In these cases, the legal representation of the defendant shall file with the court a motion informing its intention to request the stay of the proceedings on an insanity defense, which shall enclose expert evidence of the defendant’s mental incompetence, within not less than three (3) days before the date set for the hearing in question.
(b) Effects of the finding.— If as a result of the evidence the court determines that the defendant is mentally able, the trial must proceed. If the court determines the contrary, it may order that the defendant be committed to an adequate institution. If after defendant is so committed, the court has reasonable grounds for believing that the mental condition of the defendant allows for the trial to proceed, it shall summon for a new hearing which shall be held pursuant to the provisions of subsection (a) of this rule, and it shall then determine whether the trial must proceed.
(c) Sureties; deposit.— If the court orders that the defendant be committed to an institution, as provided in subsection (b) of this rule, his sureties shall be exonerated and if a deposit has been furnished in conformance with Rule 222, it shall be returned to the person establishing authority to receive it.
(d) Proceeding in the preliminary hearing.— If the magistrate before whom a preliminary hearing is to be held has evidence, in addition to the opinion of the legal representation of the defendant, asserting by a preponderance of evidence that the defendant is mentally incompetent, he/she shall state in writing the grounds for said determination, suspend said hearing, and draft a brief memorandum to such effect, which he/she shall forthwith send together with other documents of the record to the clerk of the corresponding part of the Court of First Instance wherein a hearing shall be held pursuant to the provisions of subsection (a) of this rule. In these cases, the legal representation of the defendant shall file with the court a motion informing its intention to request the stay of the proceedings on an insanity defense, which shall enclose expert evidence of the defendant’s mental incompetence, within not less than three (3) days before the date set for the preliminary hearing. If the court determines that the defendant is mentally competent, it shall remand the record to the judge or court of origin, with its decision, and the proceedings of the preliminary hearing shall resume until its termination. If the court determines otherwise, it shall proceed pursuant to the provisions of subsection (b) of this rule, only with respect to the preliminary hearing.
History Dec. 27, 2011, No. 281, —Dec. 27, 2011, No. 281, § 7.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 241 - PROCEDURE FOR THE IMPOSITION OF SECURITY MEASURES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 241 - PROCEDURE FOR THE IMPOSITION OF SECURITY MEASURES
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Whenever a defendant is acquitted, or no probable cause is found at the preliminary hearing, or it is determined that the defendant is permanently incompetent to stand trial or cannot be prosecuted by reason of his/her mental incompetence, the court shall keep jurisdiction over said person and may order him/her to be admitted to an adequate institution for treatment if, in its discretion, it determines that said person poses a serious threat to society, according to the evidence presented, and that the person shall benefit from said treatment.
In the event institutionalization is ordered, the duration thereof shall be contingent on the required time to guarantee the security of the society and the welfare of the person institutionalized. In all cases, the persons in charge of the treatment shall be required to report on a quarterly basis the progress of the case to the court.
(a) Psychiatric or psychological examination.— Upon request by the prosecutor, or on its own initiative, the court shall designate a psychiatrist or psychologist, or both, to examine the person and submit a report on his mental state. The examination shall have the sole purpose of assisting the court in the determination regarding the commitment of the person. The examination shall be carried out, and a report shall be submitted to the court, with a copy to the prosecutor and the defense, within thirty (30) days following the ruling or sentence. The court may extend the term for just cause, but never for a period greater than ten (10) additional days.
In addition to the psychiatric and/or psychological report, the pertinent social report prepared by a probation officer must also be submitted.
(b) Temporary custody.— While the procedure provided by this rule is substantiated, the court may direct that the person be placed in the custody of an adequate institution.
(c) Hearing.— Once the parties to the report have been served, if no objections are presented thereto within a term of five (5) days from its notice, the court shall proceed to arrive at a determination based on said reports. If objections are presented within such term, the court shall schedule a hearing within the next five (5) days. The authors of any of the reports shall be called to testify upon petition of a party. The party objecting to the report shall have the right to cross-examine the authors of the reports and to offer any other evidence that is pertinent to the controversy.
The person may request to be examined by professionals of his choice, so that they, in turn, can submit their report to the court. If the accused proves he is insolvent the examinations shall be paid by the State.
The Rules of Evidence shall be applicable to this procedure, and the person shall have the right to be represented by counsel.
(d) Application of the security measures.— If the court determines according to the evidence introduced that the person is a risk to society because of his/her dangerous nature or that the person shall benefit from said treatment, it shall pronounce a sentence imposing the security measures and directing that the person be confined for treatment at a suitable institution.
Said confinement may be prolonged for the time actually required to insure the safety of society and the welfare of the confined person, subject to the provisions of § 4719 of Title 33.
In these cases it shall be the duty of the persons in charge of the treatment to submit quarterly reports to the court on the development of the case.
If the court determines not to impose security measures, it shall direct that the person be released, if he is confined.
(e) Periodic revision.— Each year, the court shall rule, after a hearing on its merits, as to the continuation, modification or termination of the security measure imposed, without prejudice to do so at any time in which the circumstances warrant it, or by petition of the person under whose custody he has been committed.
If the court can reasonably infer from the favorable results of the treatment that the person’s recovery and readaptation can continue under supervision in the community without his being confined, it may grant it.
(f) Reports.— For purposes of the periodic revision of the security measure, the court shall have a report of a psychiatrist or a psychologist, or both. These reports shall be governed by the rules of subsection (c) of this rule.
(g) Notice of the continuation, modification or termination of the security measure.— Any ruling of the court with regard to the security measure imposed shall be served to the concerned parties and institutions.
(h) Official record.— An official record shall be kept of all the proceedings established herein for the application, continuation, modification or termination of the security measure.
(i) The proceeding provided in this Rule shall apply equally to the preliminary hearing established under Rule 23 of Criminal Procedure, when the finding of no cause is due to mental incompetence, or when the defendant is held mentally incompetent to stand trial and the Prosecuting Attorney determines not to appeal, or if appealed, the finding of no cause is upheld for the same grounds.
History —Added on July 5, 1985, No. 61, p. 215; Sept. 15, 2004, No. 317, § 18; Dec. 27, 2011, No. 281, § 8.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 242 - CONTEMPT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 242 - CONTEMPT
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(a) Summary proceeding.— Criminal contempt may be punished in a summary way, provided, that the judge certifies that he saw or heard the behavior constituting contempt, and that it was committed in the presence of the court. The order convicting of contempt shall set forth the facts and be signed by the judge, and record thereof shall be kept in the minutes of the court.
(b) Ordinary proceeding.— Except as provided in subsection (a) of this rule, in every case of criminal contempt, the defendant shall be notified and given the opportunity to be heard. The notice shall state the place, time and date of the hearing, it shall grant the defendant a reasonable time to prepare his defense, it shall inform the defendant that he is charged with criminal contempt, and it shall set forth the essential facts constituting the same. The defendant shall have a right to be released on bail pursuant to the provisions of these rules. If the contempt is based on disrespectful acts or behavior towards a judge, the latter shall not try the case, except with the defendant’s consent.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 243 - PRESENCE OF DEFENDANT
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 243 - PRESENCE OF DEFENDANT
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(a) Felonies.— In every prosecution of a felony, the defendant must be present at the arraignment, and at every stage of the trial, including the impanelling of the jury and the return of the verdict or judgment, and the pronouncement of judgment. If the defendant, after having appeared at the arraignment and after having been informed of Rule 58 and summoned for trial, fails to appear, the court, after inquiring into the causes, may try him in absentia until the return of the verdict or judgment and the pronouncement of judgment, provided that he is represented by counsel. If the defendant does not return to the courtroom, during any stage of the trial, for the continuation of the same, the court, after inquiring into the causes, may issue a bench warrant, but in any case, the voluntary absence of the defendant shall not prevent continuing the trial to and including the return of the verdict or judgment and the pronouncement of sentence.
(b) Misdemeanors.— In a prosecution for a misdemeanor, the court may proceed with the arraignment of the defendant, the trial, the judgment, and the pronouncement of judgment, and it may receive a plea of guilty in the absence of the defendant, provided that he is represented by counsel. If the defendant’s presence is necessary, the court may, by an order or warrant, require his personal appearance. In cases of misdemeanor, the court may proceed as provided in the exception of subsection (a), when the circumstances are those contemplated therein.
(c) Corporations.— A corporation may appear by counsel for all purposes.
(d) Defendant’s conduct.— In a prosecution for a felony or a misdemeanor, if the defendant’s conduct hinders the normal development of the trial, the court may:
(1) initiate a contempt action, or
(2) take pertinent coercive measures, or
(3) order that the defendant be taken away and continue the proceedings in absentia.
History —July 23, 1974, No. 138, Part 1, p. 645, § 2; June 3, 1980, No. 94, p. 254, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 244 - SERVICE OF NOTICE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 244 - SERVICE OF NOTICE
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Unless otherwise provided for in these rules, whenever notice to a party represented by counsel is required or allowed, notice shall be served on counsel, unless the court orders that the party should be served personally, and service shall be made pursuant to the provisions on this matter in the Rules of Civil Procedure for the General Court of Justice, App. III of Title 32.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-245/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 245 - NOTICE OF ORDERS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 245 - NOTICE OF ORDERS
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When an order is issued in the absence of any of the interested parties, the clerk of the court shall forthwith notify said party thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-246/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 246 - COMPROMISE OF OFFENSES
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 246 - COMPROMISE OF OFFENSES
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A compromise may be reached only concerning misdemeanors and felonies in the fourth or third degree when the defendant has made every effort to agree to indemnify the injured part and has provided compensation to the greatest degree according to the juridical situation prior to the commission of the offense, or has indemnified the latter totally or substantially, in a situation in which repairing the damages demands notable obligatory community work with the consent of the injured party and the prosecution.
In those cases in which a settlement is allowed in this rule, if the injured party appears before the court where the case is pending at any time before the trial, and fully acknowledges that he has received satisfaction for the injury, the court, in its discretion and with the participation of the prosecuting attorney, and upon payment of the costs, may order the dismissal and supersession thereof, which shall be entered in the minutes. The supersession and dismissal thus decreed shall stop the filing of another charge against the defendant for the same offense.
History —July 1, 1988, No. 53, p. 254, § 1; Sept. 15, 2004, No. 317, § 19.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-247/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 247 - DISMISSAL OF ACTION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 247 - DISMISSAL OF ACTION
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(a) By the Secretary of Justice or prosecuting attorney.— The Secretary of Justice or the Prosecuting Attorney may dismiss an indictment or complaint with respect to all or some of the defendants with or without prejudice to a new action. Except as provided in subsection (c) of this Rule, said dismissal shall not be requested during the trial without the consent of the defendants.
(b) By the court; order.— When it is deemed convenient for the furtherance of justice and upon holding a hearing in which the prosecuting attorney shall participate, the court may order the supersession of a charge or complaint. The causes for the supersession shall be set forth in an order issued to such effects, which shall be attached to the record of the proceeding.
(c) Exclusion of defendant to give testimony.— When two (2) or more persons are included in the same charge, the court may, at any time after the beginning of the trial but before the defendants have commenced their defense, direct that any defendant may be excluded therefrom, so that he may be a witness for the People of Puerto Rico. When two (2) or more persons are included in the same charge, and the court is of the opinion that there is insufficient evidence with regard to a particular defendant to charge him with the offense, it shall order him to be excluded from the proceeding before the period for producing evidence has ended, so that he may be a witness for his codefendant.
(d) Effects.— The dismissal provided in this Rule shall preclude a new proceeding for the same facts only when subsection (c) of this rule applies, when the court so determines pursuant to subsection (b) of this Rule or when a misdemeanor is involved.
History —July 1, 1988, No. 53, p. 254, § 1, eff. 90 days after July 1, 1988; Dec. 27, 2011, No. 281, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-247-1/
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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 XV - GENERAL PROVISIONS›Rule 247.1 - DISMISSAL AND FILING OF INFORMATION OR 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 XV - GENERAL PROVISIONS › Rule 247.1 - DISMISSAL AND FILING OF INFORMATION OR COMPLAINT
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Once the defendant has pleaded guilty, whenever the Secretary of Justice or the prosecuting attorney requests it, and produce evidence that the defendant has signed an agreement to undergo treatment and rehabilitation in a program of the Commonwealth of Puerto Rico, or in a private program supervised and licensed by an agency of the Commonwealth of Puerto Rico, as well as a copy of the agreement, the court, without returning a verdict of guilty, may stay all procedures and place said person on probation under such reasonable terms and conditions as it may require and for the term provided in the agreement for the rehabilitation of the defendant which shall not exceed five (5) years. The court shall admonish the defendant that should he/she abandon the treatment and rehabilitation program, he/she shall be sanctioned pursuant to the provisions of § 4428 of Title 33.
The consent of the defendant to have the hearing to determine probable cause held jointly with the initial summary hearing provided by §§ 1026 et seq. of this title upon commission of a felony, shall be part of the terms of the agreement. The determination of probable cause of the commission of a new crime will be sufficient cause to provisionally revoke the benefits of probation at that time.
In case of noncompliance of any of the conditions of probation, the court may revoke probation and proceed to pronounce judgment pursuant to the provisions of §§ 1026-1029 of this title.
If during the probation period the person does not violate any of its conditions, the court, at its discretion, may exonerate the person and dismiss the charges against him. The dismissal and filing of the complaint under this rule shall be implemented without a finding of guilt by the court, confidentially, and not accessible to the public, and apart from other records, for the exclusive use of the courts to determine whether in subsequent procedures the person qualifies under this rule.
The dismissal and filing of the complaint shall not be deemed as a conviction with regard to the disqualification or legal impediments imposed by law on convicts for the commission of a crime, and the person so acquitted shall be entitled to have the Superintendent of Police return any fingerprints or photographic records held by the Puerto Rico Police, taken in connection with the dismissed case.
The dismissal and filing under this rule may be granted only once to any person.
Acceptance by a defendant of the dismissal of an action on the grounds set forth in this rule shall constitute a waiver to the dismissal of the action on the grounds stated in subsections (e), (f), (m) and (n) of Rule 64.
History —Added on Feb. 10, 1976, No. 3, p. 10, § 1; June 1, 1984, No. 45, p. 120; July 1, 1988, No. 53, p. 254, § 3; July 13, 1988, No. 88, p. 254, § 3; Jan. 17, 1995, No. 7, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-248/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 248 - EXCEPTIONS ABOLISHED
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 248 - EXCEPTIONS ABOLISHED
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The exceptions to rulings or orders of the court during the trial are hereby abolished. For all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, or when the court issues it, that the party makes known to the court its reasons or objections, and if a party has no opportunity to object to a ruling or order, such omission shall not thereafter prejudice him.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-249/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 249 - TIME; COMPUTATION
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 249 - TIME; COMPUTATION
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The computation of any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, shall be made pursuant to Rule 68.1 of Civil Procedure, App. III of Title 32.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-250/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 250 - COURTS ALWAYS OPEN
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 250 - COURTS ALWAYS OPEN
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All the courts shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-251/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 251 - DISPOSAL OF STOLEN OR ILLEGALLY APPROPRIATED PROPERTY
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 251 - DISPOSAL OF STOLEN OR ILLEGALLY APPROPRIATED PROPERTY
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When property alleged to have been stolen or illegally appropriated comes into custody of an officer of the peace, he must hold it subject to the order of the magistrate or court before whom the trial for the charged offense is pending. The corresponding judge or court shall order the delivery of the stolen or illegally appropriated property to deliver to the person who gives satisfactory proof of ownership. If the property is not claimed within six (6) months from the conviction or acquittal of the defendant, or the dismissal of the case, said property shall be delivered to the General Services Administrator for its disposal according to the existing regulations for surplus property. If the properties were sold in public auction, the proceeds from such sale shall be deposited in the General Fund—with exception of the amount reimbursed to the General Services Administration for the expenses incurred. The official taking money or other property from a defendant shall forthwith give duplicate receipts therefor, specifying the amount of money or kind of property taken, shall hand one of the receipts to the defendant, and shall present the other to be filed with the clerk of the court that is to take cognizance of, or is to try the case.
History —July 6, 1978, No. 101, p. 305.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-252-1/
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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 XV - GENERAL PROVISIONS›Rule § 252.1 - RULES TO BE FOLLOWED IN LINEUP
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule § 252.1 - RULES TO BE FOLLOWED IN LINEUP
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(a) Applicability.— The rules established hereinbelow shall be followed whenever any peace officer subjects a suspect to a lineup for the purpose of identifying the possible perpetrator of a criminal act.
(b) Advice from counsel.— If at the time of the lineup, an arraignment or accusation has already been filed against the person object of the proceedings, he shall be entitled to the presence of counsel while the lineup is being carried out and to this effect he shall be advised with sufficient time prior to the lineup.
The person may waive his right to legal assistance during the lineup through a waiver written before two (2) witnesses who must also sign said waiver.
In the event the suspect is interested in having his counsel present and he so states, notice shall be served on the counsel he designates with sufficient time prior to the lineup. In case of an indigent person, or if counsel does not appear, he shall be furnished legal assistance to that effect.
(c) Participation of the suspect’s counsel in the lineup.— The participation of the suspect’s counsel in the lineup shall be governed by the following rules:
(1) The suspect’s counsel shall be allowed to witness the entire lineup proceedings.
(2) During the lineup, he shall be allowed to hear any conversation between the witnesses and the police.
(3) He shall not be allowed to examine any witness during the lineup.
(4) The counsel may inform the officer or official in charge of the lineup of any violation of these rules and if the former should consider that said violation is being committed, he shall correct the same.
(d) Lineup composition.— The lineup shall be composed of at least four (4) persons in addition to the suspect and shall be subject to the following conditions:
(1) Persons forming the lineup shall have physical appearance similar to that of the suspect with regard to sex, color, race, and as far as possible, their height, age, weight, and attire shall resemble the suspect’s.
(2) In no case shall there be more than one suspect in each lineup.
(3) Visible indications clearly pointing to the suspect in the lineup shall not be permitted.
(e) Lineup proceedings.— Proceedings during the lineup shall be carried out in accordance with the following rules:
(1) Prior to the lineup, witnesses shall not be allowed to see neither the suspect nor the other persons in the lineup.
(2) Witnesses shall not be informed before the lineup that a suspect has been arrested.
(3) No information shall be furnished about the persons in the lineup.
(4) If two (2) or more witnesses are to participate as identifiers, they shall not be permitted to communicate with each other before or during the identification, and each one shall make the identification separately.
(5) The witness shall observe the lineup and with the least interference from the peace officers, he shall identify in a positive way the perpetrator of the criminal acts, if the latter is present in the lineup.
(6) If the suspect is required to say any phrase, make any movement or wear certain clothes, the other persons in the lineup shall be required to express, act or dress likewise.
(7) In no case shall there be suggested to the witness the person he shall select, whether expressly or otherwise.
(f) Record of the proceedings.— In all proceedings conducted pursuant to these rules, a brief record shall be drawn up by the person in charge of the lineup.
In said record, shall be included the names of the persons forming the lineup, names of other persons present, and a brief summary of the proceedings observed.
Also a photograph of the lineup just as it was shown to the witnesses shall be taken as many times as necessary for it to be clear. Such photograph, as well as the drawn-up record shall be part of the corresponding police or prosecutor’s file and its obtention by a defendant shall be governed by the rules of criminal procedure in force.
History —Added on July 23, 1974, No. 199, Part 2, p. 82, § 1, eff. 60 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-252-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 252.2 - USE OF PHOTOGRAPHS AS IDENTIFICATION PROCEDURE
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 252.2 - USE OF PHOTOGRAPHS AS IDENTIFICATION PROCEDURE
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(a) Peace officers may use photographs to identify the possible perpetrator of a criminal act only in the following circumstances:
(1) When for reasons beyond the control of the peace officers it is not possible or necessary to carry out a lineup.
(2) When there is no suspect of the criminal act.
(3) When there being a suspect, he refuses to take part in the lineup, or his action or absence prevents that it be carried out properly.
(b) The use of photographs as a means of identification shall be governed by the following rules:
(1) The witness shall be shown at least nine (9) photographs, including the suspect’s, and they shall portray, in addition to the suspect, persons with features similar to his.
(2) If two (2) or more witnesses are to make an identification through photographs, each one shall do it separately.
(3) In no case shall there be suggested to the witness the person he shall select by the way of conducting the proceedings, by marks on the photographs, or otherwise.
(4) Once the identification through photographs is over, if the witness should identify the perpetrator of the criminal acts, a record, briefly summarizing the proceedings followed, shall be drawn up, and the photographs used shall be identified so that it may subsequently be established which were the photographs shown to the witness.
History —Added on July 23, 1974, No. 199, Part 2, p. 82, § 1, eff. 60 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-253/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 253 - FILES; BOOKS; MINUTES; RECORDS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 253 - FILES; BOOKS; MINUTES; RECORDS
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The clerks and marshals of the courts shall keep such files, books, minutes and records of criminal cases as may be administratively required by the Supreme Court of Puerto Rico from time to time.
History —Renumbered on July 23, 1974, No. 199, Part 2, p. 82, § 2, eff. 60 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-254/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 254 - FORMS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 254 - FORMS
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The Office of Court Administration shall prepare such forms as may be necessary to enforce these rules.
History —Renumbered on July 23, 1974, No. 199, Part 2, p. 82, § 3, eff. 60 days after July 23, 1974.
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https://law.justia.com/codes/puerto-rico/title-thirty-four-appendix/ii/chapter-xv/rule-255/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173)›II - Rules of Criminal Procedure (§ 173)›Chapter XV - GENERAL PROVISIONS›Rule 255 - REPEAL OF INCOMPATIBLE LAWS
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2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 255 - REPEAL OF INCOMPATIBLE LAWS
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The Code of Criminal Procedure of Puerto Rico approved March 1, 1902, as amended until the present time, and any other laws, in everything connected with or referring to criminal procedure, inconsistent with or contrary to these rules, are hereby repealed.
History —Renumbered on July 23, 1974, No. 199, Part 2, p. 82, § 4, eff. 60 days after July 23, 1974.
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