reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 114 - GENERAL CHALLENGE; GROUNDS

A general challenge may be grounded on a material departure from the forms prescribed by these rules in the selection of the jury, or on the failure to summon, intentionally, one or more of the jurors drawn.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 115 - GENERAL CHALLENGE; WHEN TAKEN

The general challenge must be taken before the jurors are sworn to be examined as to their capacity to serve as such, but the court may for just cause permit the challenge at any time before all the members of the jury are definitively sworn to act in the case.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 116 - GENERAL CHALLENGE; FORM AND CONTENTS

A general challenge shall be in writing and must plainly and distinctly state the facts constituting the grounds of challenge. However, for just cause, the court may permit that it be made orally. The general challenge shall always be entered in the minutes of the court.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 117 - GENERAL CHALLENGE; ORDER

The court may hear evidence as to the issues of fact raised by the general challenge. If the court grants the challenge it shall immediately excuse the whole panel and order a new drawing, or if necessary, the preparation of a new final list pursuant to the procedure prescribed by these rules.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 118 - INDIVIDUAL CHALLENGE; WHEN TAKEN

An individual challenge may be peremptory or for cause. It must be taken before the juror is sworn to try the cause, but the court may for just cause allow the challenge after the oath and before evidence is introduced.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 119 - JURORS; PRELIMINARY OATH AND EXAMINATION

(a) Jurors shall be sworn, individually or collectively, as directed by the court, to answer truthfully and faithfully all questions asked them in connection with their capacity to act as jurors.
(b) The court shall examine and ask the juror the pertinent questions as to his capacity to serve. The court shall allow the parties to effectuate any additional examination of the potential jurors.
History —June 26, 1974, No. 89, Part 1, p. 313.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 120 - INDIVIDUAL CHALLENGES; ORDER

The order of the individual challenges shall be the following:
(a) For cause of the defendants.
(b) For cause of the prosecuting attorney.
(c) Peremptory of the prosecuting attorney.
(d) Peremptory of the defendant.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 121 - CHALLENGE FOR CAUSE; GROUNDS

A challenge of a juror for cause may be taken on any of the following grounds:
(a) Not eligible to act as such.
(b) Consanguinity or affinity within the fourth degree to the defendant, his lawyer, the prosecutor, to the person alleged to be aggrieved, or the one whose accusation instituted the cause.
(c) That has the relationship of guardian and ward, attorney and client, master and servant, or landlord and tenant to the defendant or allegedly injured person; that he is an adverse party to the defendant in a civil action, or has accused or been accused by him in a criminal proceeding.
(d) That has been one of a jury formerly sworn to try another person for the same offense that motivates the charge, or has been a member of another jury that tried the same charge, or who has personal knowledge of facts essential to the cause.
(e) Unable to try the cause with complete impartiality. A person shall not be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, if said opinion is based on public rumor, statements by the press, or common notoriety, provided that in the judgment of the court, upon his declaration under oath or otherwise, he can and will, notwithstanding such opinion, act impartially and fairly on the matter to be submitted to him.
History —May 27, 1980, No. 61, p. 156.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 123 - PEREMPTORY CHALLENGES; NUMBER

In every suit where the crime is necessarily punishable by ninety-nine (99) years or for life imprisonment, the defendant and the People be shall entitled to ten (10) peremptory challenges each. In all other cases, the defendant and the People shall be entitled to seven (7) peremptory challenges each. Once a peremptory challenge is made against a juror, he must be excluded and may not act in the [case].
History —May 27, 1980, No. 60; Dec. 19, 2002, No. 280, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 124 - PEREMPTORY CHALLENGES; SEVERAL DEFENDANTS

When several defendants are brought to trial jointly they may take the number of peremptory challenges specified in Rule 123 collectively and each defendant may, in addition, take two (2) more peremptory challenges separately.
In that event the prosecuting attorney is also entitled to an additional number of peremptory challenges equal to the total number of additional challenges specified by this rule for all the defendants.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 125 - JURORS; FINAL OATH

The judge or clerk of the court shall orally administer to the impanelled jury the following oath:
“You, and each of you, do solemnly swear that you will well and truly try the cause now pending before the court, and a true verdict render according to the evidence, so help you God.”
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 126 - ALTERNATE JURORS; REQUIREMENTS; CHALLENGES; OATH

When the court deems it convenient it may order, immediately after the jury has been sworn, that one or more jurors be called as alternate jurors. The alternate jurors shall have the same qualifications, shall be subject to the same examinations and challenges as the regular jurors. Each side shall be entitled to one peremptory challenge against said alternate jurors. Alternate jurors shall take the same oath as the regular jurors and shall be considered for all purposes as members of the jury until discharged by the court.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 127 - ALTERNATE JURORS; WHEN THEY WILL ACT

If at any time before the ease is finally submitted to the jury, one of the regular jurors should die or become ill in such manner as to be unable to perform his duties, or if for just cause he is excused, the court shall direct his substitution by the alternate juror, if only one. If there should be more than one juror, the alternate shall be drawn by lot. When the ease is submitted to the jury the court shall excuse the alternate jurors who have not been used.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 128 - TRIAL; ORDER OF EVIDENCE

The clerk shall read the information to the jury, and state the plea of the defendant. If it charges a previous conviction and the defendant has confessed the same, the clerk shall omit therefrom all that relates to said conviction. The prosecuting attorney shall open the case stating orally to the jury or to the court, as the case may be, the nature of the offense which he expects to prove, the circumstances under which the crime was committed, the proofs which he expects to produce for upholding his charge or complaint, and shall gather and offer his evidence in support of said information or complaint. The defendant shall then set forth in a concise manner the proofs for his defense and shall offer and produce his evidence in support thereof. The prosecuting attorney and the defendant may then, in that order, offer rebutting testimony only against the evidence originally offered, unless the court, for good reason and in furtherance of justice, shall permit them to offer evidence upon their original case.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 129 - WITNESSES; EXCLUSION AND SEPARATION

While a witness is under examination, the court may exclude all witnesses who have not been examined. It may also order the witnesses to be kept separate, and to be prevented from conversing among themselves until they are examined.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 130 - PRISONERS; ATTENDANCE

Whenever it is necessary that a person confined in the penitentiary or in a jail appear in court as witness of either party or for any other purpose, the court may issue a warrant to that effect which shall be executed by the marshal.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 131 - Witnesses; evidence; public trials; exclusion of public

Unless otherwise provided by law and by these rules, the testimony of a witness in all trials shall be oral and in open court, and admissibility of evidence and competency and privileges of witnesses shall be governed by the provisions of the Rules of Evidence of Puerto Rico.
In suits for incest, sexual assault, lewd, or indecent acts and in indecent exposure or the attempt thereof, or during the testimony of victims of incidents of domestic violence set forth in §§ 601 et seq. of Title 8, known as the “Domestic Abuse Prevention and Intervention Act”, the court may exclude the public from the courtroom during the injured person’s testimony, admitting only those persons who have a legitimate interest in the case, such as court officials and the party’s lawyers and relatives. Prior to the order of exclusion, the court shall hold a private hearing to determine if the injured person needs this protection during his or her testimony.
History —June 22, 1978, No. 65, p. 201; Oct. 18, 2011, No. 206, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 131.3 - WITNESSES WHO ARE MINORS; ASSISTANCE DURING TESTIMONY

In any proceeding under these rules, and specifically, Rules 131.1 and 131.2 of this appendix, the court, on its own initiative or by petition of the Prosecutor, guardian ad litem , or the parents, tutor or guardian of a minor who is a witness in a criminal procedure, may authorize that assistance be given to the minor pursuant to the following:
(1) Support personnel.— The minor shall have the right to be escorted by support personnel, which may be a relative or an acquaintance of the minor, or the professional or technical personnel who has intervened or offered assistance to the minor throughout the different stages of the process. The court may authorize the support personnel to remain next to the minor, including actions such as holding him/her on his/her lap, or holding his/her hands. While the minor is testifying, the support personnel shall not address the minor, nor make any suggestive movement whatsoever, nor communicate with the jury by making gestures nor through any other means.
In the cases of trial by jury, the court shall give special instructions to clarify the function of the support personnel, emphasizing the fact that his/her presence has the purpose of facilitating the testimony of the minor and not of physically protecting him/her from the defendant nor to influence in favor of his/her credibility.
(2) Means to facilitate the rendering of testimony.— The court may authorize the use in court of anatomically correct dolls, mannequins, common toys, drawings or other demonstrative means that it deems pertinent in order to help the minor to give his/her testimony.
By petition of the Prosecutor, of any of the persons listed in subsection (1) of this rule, or on its own initiative, the court shall give priority to the case in which a minor is called to testify, on its calendar as well as on the order of the day, to reduce the time that the minor shall be exposed to the process. If the court has to continue the proceedings on a subsequent date, it shall take into consideration the age of the minor and any adverse effect that such postponement could entail. The court shall make findings of fact and conclusions of law, in writing, when it opts to postpone the hearing of the case.
History —Added on Aug. 15, 1998, No. 247, § 3, eff. 30 days after Aug. 15, 1998.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 132 - ADJOURNMENT OF COURT; WARNING TO JURY

The jury must also, at each adjourment of the court, whether they are allowed to separate or remain in charge of the officers of the court, be admonished by the court that it is their duty not to talk among themselves nor with any other person, on any of the matters connected with the trial, or to form or express any opinion thereon, until the case be definitively submitted to their deliberation.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 133 - JURY; PERSONAL KNOWLEDGE OF THE FACTS

If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror states a fact which would be evidence in the cause, as of his own knowledge, the jury must return into court. In either of these cases the juror making the statement must be sworn and examined as a witness in the presence of the parties and shall continue acting as juror unless the judge determines that if allowed to continue the trial would not receive an impartial consideration from the jury.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 134 - JURY; VIEW OR INSPECTION

When, in the opinion of the court, it is advisable that the jury should view the place in which the offense was committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of a marshal, to the place, which must be shown to them by a person designated by the court for such purpose and said marshal must be sworn to suffer no person, including himself, to speak or communicate with the jury on any subject connected with the trial, and to return to the court with the jury, without unnecessary delay. Whenever an inspection is made the judge should always go with the jury to the place of the events.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 135 - PEREMPTORY ACQUITTAL

Motions for directed verdict are abolished. The court on motion of a defendant or of its own motion shall order the entry of judgment or acquittal of one or more offenses of the information or complaint at any time after the evidence on either side is closed if the court deems the evidence insufficient to warrant a conviction of such offense or offenses.
If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury, and decide the motion either before the jury has returned a verdict or after it has returned a verdict or has been discharged without having returned a verdict. If the motion is denied before a verdict of guilty is returned or the jury is discharged without rendering a verdict, the motion may be renewed within the jurisdictional term of five (5) days after the verdict is returned or the jury is discharged provided no judgment has been entered.
History —Aug. 31, 2000, No. 270, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 136 - TRIAL; ARGUMENTS TO THE JURY

When the evidence is concluded, the parties shall argue the case to the court or to the jury, the prosecuting attorney giving his opening statement first, and he may briefly close the argument being confined in his address to rebutting the argument of the defense. The court may in the exercise of its sound discretion limit the time and number of arguments.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 137 - TRIAL; INSTRUCTIONS

After the arguments, the court shall charge the jury, summing up the evidence and stating all the questions of law necessary for their information. By stipulation of the parties filed immediately before beginning the instructions and approved by the court, the summary of the evidence may be omitted. All the instructions shall be oral unless the parties consent to the contrary. Either party may present to the court any written request that certain instructions be given, at the end of the evidence, or prior thereto if the court reasonably so orders. A copy of said request must be served on the adverse party. The court may accept or refuse any or all the requests, indorsing its decision on each one, and shall give its decision to the parties before they argue to the jury. Neither party may assign as error any portion of the instructions or omission therein unless objection is raised thereto or additional instructions are requested before the jury retires to deliberate, stating clearly the grounds of challenge or of its request. An opportunity to make such objection or request outside the presence of the jury shall be given to both parties. The court shall then proceed to decide the matter, entering its decision in the record or giving any additional instruction which it might deem pertinent. After giving its instructions the court shall appoint a foreman of the jury and shall order that the jury retire to deliberate. In their deliberations and verdict the jury are bound to accept and apply the law as stated by the court in its instructions.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 138 - JURY; CUSTODY

During the course of the trial, and before submitting the case to the jury, the court may permit the jury to separate, or provide that they remain in the custody of the marshal, who shall be sworn to keep them together until the next session of the court, and not to permit any person to speak to or communicate with them, nor to do so himself, on any matter connected with the trial, and to return with them to the court in the next session. Likewise, during the course of the trial, when it is essential to the administration of justice, the defendant as well as the prosecutor may petition the court to order that the jury remain in the custody of the marshal, at its discretion.
History —May 27, 1980, No. 62, p. 158.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 139 - JURY; DELIBERATION; OATH OF MARSHAL

When the jury retires to deliberate, the marshal shall be sworn to:
(a) Keep the jurors together in the room provided by the court for deliberation.
(b) Not permit any person to communicate at all with the jury or with any of its members.
(c) Not communicate himself with the jury or any of its members on any matter connected with the prosecution.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 140 - JURY; DELIBERATION; USE OF EVIDENCE

Upon retiring for deliberation, the jury may take with them all papers or objects that have been received as evidence, except the depositions.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 141 - JURY; DELIBERATION; RETURN TO COURT AT THEIR REQUEST

After the jury has retired for deliberation, if there is any disagreement or doubt between the jurors as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer in charge to conduct them into court. Upon being brought into court, the information required must be given after notifying the prosecuting attorney and the defendant or his attorney.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 142 - JURY; DELIBERATION; RETURN TO THE COURT AT THE REQUEST OF THE COURT

After the jury has retired for deliberation, the court may order it to return into court in order to correct any erroneous instruction or to give additional instructions. Such instructions shall be given to the jury only after the prosecuting attorney, the defendant or his attorney have been notified of the court’s decision to correct or enlarge its instructions to the jury.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 144 - JURY; DISCHARGE

The court may order the jury to be discharged before verdict in the following cases:
(a) If before the jury retires to deliberate, progress of the trial is prevented by reason of sickness or death of one of the members of the jury, unless the court decides to administer oath to another juror in substitution of the former and commence a new trial.
(b) If after the jury retires to deliberate, the progress of the trial should be prevented by reason of sickness or death of a member of the jury, an accident or any other cause to prevent their being kept together.
(c) If deliberation extends for a length of time that the court may deem sufficient to conclude clearly and manifestly that there is no possibility that the jury can agree.
(d) If any error or irregularity should have been committed during the trial which in the opinion of the court precludes the jury from returning a fair and impartial verdict.
(e) For any other cause by consent of the parties.
In all cases where a jury is discharged under the provisions of these Rules, the cause may be tried again.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 145 - JURY; VERDICT; RETURN

When the jury have agreed upon their verdict, they must be conducted into court under the custody of the marshal, and the foreman of said jury shall deliver the verdict in writing to the clerk of the court who shall deliver it to the judge. The court shall ask the foreman of the jury if said verdict is the verdict of the jury and how many voted in favor. If the forman of the jury answers in the affirmative and the verdict returned is pursuant to law, it shall be accepted by the court and read by the clerk.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 146 - JURY; VERDICT; FORM

The verdict shall find the defendant “guilty” or “not guilty” or “not guilty by reason of insanity.” It shall not be necessary to use those words strictly but the intention of the jury should be made clear. If the verdict of guilty refers to a crime with different degrees or to a crime with other lesser offenses necessarily included in the higher offense, the verdict shall specify the degree or the lesser offense of which the defendant is found guilty.
Where the jury must determine whether or not a previous conviction exists and the verdict returned is guilty, it shall also state if the charge of previous conviction is true or not.
In all cases the verdict shall state the number of jurors who concurred.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 147 - JURY; VERDICT; CONVICTION OF LESSER OFFENSE

The defendant may be found guilty of any lesser offense the commission of which is necessarily included in that with which he is charged; or of a lesser offense than that with which he is charged; or of an attempt to commit either the offense charged or any offense the commission of which is necessarily included therein, or of any degree thereof, if the attempt constitutes in itself, an offense.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 148 - JURY; VERDICT; RECONSIDERATION FOR MISTAKEN APPLICATION OF THE LAW

When there is a verdict of conviction in which it appears to the court that the jury has mistaken the law, the presiding judge may explain to the jury his reasons and order them to reconsider their verdict. If, after reconsideration, they return the same verdict, it shall be accepted by the court. Nothing contained herein shall apply to a verdict of acquittal which shall always be accepted by the court.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 149 - JURY; RECONSIDERATION OF DEFECTIVE VERDICT

If the verdict should be so defective that the court should be unable to determine the intention of the jury to acquit or convict the defendant of the offense under which the defendant might be convicted pursuant to the information, or be unable to determine of what count or counts the jury wished to acquit or convict the defendant, the court may charge the jury to reconsider said verdict and state plainly their intention. But if the jury persists in returning an informal verdict, said verdict shall be accepted and the court must give judgment of acquittal.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 150 - JURY; PARTIAL VERDICT

The jury may render a verdict or as many verdicts as may be necessary with regard to one or more of the counts of the information or with regard to one or more of the defendants included therein as to whose guilt or innocence they agree. If the jury cannot agree upon a verdict with regard to a count or a defendant, the court may order a new trial for said count or said defendant.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 151 - JURY; VERIFICATION OF THE VERDICT

When a verdict is rendered, the jury may be polled at the request of either party or on the court’s own motion. If as the result of this poll, it is determined that the verdict was not rendered by at least nine (9) jurors, the jury must be sent out for further deliberation or it may be discharged.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule § 151.1 - TRIAL; CONFESSION OF DEFENDANT

Upon a trial by jury, all questions of fact and of law referring to the confession of a defendant shall be heard and decided exclusively by the judge, in the absence of the jury, and the judge shall either admit such confession in evidence or reject it. This provision shall not have the effect of precluding defendant from introducing to the jury, and the adverse party from challenging, pertinent evidence relating to the weight or credibility of the confession, and to the circumstances under which the confession was obtained.
History —Added on June 30, 1964, eff. 60 days after May 31, 1965.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 152 - TRIAL; CONSPIRACY; OVERT ACTS

Upon a trial for conspiracy, in a case where an overt act is necessary to constitute an offense, the defendant cannot be convicted unless one or more of said overt acts are expressly alleged in the information or complaint and one of the acts alleged is proven, but other overt acts not alleged may be proven.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 153 - TRIAL; BIGAMY; PROOF OF MARRIAGES

Upon a trial for bigamy, it is not necessary to prove either of the marriages by the records of the register, certificates, or any other official record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage. Proof as to the place and time in which the second marriage took place, accompanied by authentic proof of cohabitation thereafter in Puerto Rico, shall be sufficient to sustain the charge.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 154 - TRIAL; EVIDENCE OF CORROBORATION

Upon trial for the crime of procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing or for inducing or deceiving an unmarried female, under the age of twenty-one (21) years, until then reputed to be chaste, to enter a house of ill repute or any other place for the purpose of prostitut[ing] her or aiding or assisting therein or for having unlawful carnal relationship with any man, or upon trial for seduction under the promise of marriage, the defendant cannot be convicted upon the sole testimony of the aggrieved woman unless such testimony is corroborated with some evidence which by itself tends to establish the relationship of the accused with the commission of the crime. This corroboration shall not be sufficient if it only proves the perpetration of the crime, or the circumstances thereof.
History —July 23, 1974, No. 209, Part 2, p. 114; Nov. 11, 1994, No. 123, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 154.1 - TRIAL; EVIDENCE OF PREVIOUS CONDUCT

No evidence shall be admitted in any proceedings for the crime of rape or attempted rape, with regard to the previous sexual behavior or record of the victim, or any evidence of opinion or reputation regarding said sexual behavior or record, for the purpose of challenging her credibility or to establish her consent, unless there are special circumstances that indicate that such evidence is relevant and that its defamatory or harmful nature shall not have a heavier weight than its probatory value.
If the accused offers to give evidence about the sexual behavior or record of the victim, or evidence of opinion or reputation with regard to such sexual behavior or record, under the exception of special circumstances, the following procedure shall be complied with:
(a) The accused shall present a sworn and a written motion to the court and to the Attorney General, indicating the evidence to be offered and its relevance to challenge the credibility or to establish the consent of the victim. Said motion shall be presented five days before the trial, unless there is no opportunity to do so or the accused had no information to support said motion.
(b) If the court determines that said evidence is satisfactory, a hearing shall be held in private and in absence of the jury. In said hearing the victim may be interrogated in relation to the evidence to be presented by the accused.
(c) If the court determines at the conclusion of the hearing that the evidence to be presented by the accused is relevant, and that its defamatory and injurious nature shall not have a heavier weight than its probatory value, it shall issue an order indicating the evidence that may be presented by the accused and the type of questions allowed. The accused may then give evidence according to the court order.
History —Added on Feb. 1, 1979, No. 6, p. 12.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 155 - TRIAL; CORROBORATION IN CASES OF FRAUD

Upon a trial for having obtained, with an intent to cheat or defraud another, by any false pretenses, the signature of any person to a written instrument, or having obtained from any person any money, personal property or valuable thing, the defendant shall not be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof, is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. But this Rule shall not apply to a prosecution for false pretenses or personating another for the purposes of marrying or of receiving any money or property in such assumed character.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 156 - TRIAL; TESTIMONY OF ACCESSORY OR ACCOMPLICE

The testimony of an accessory or accomplice shall be examined with distrust and given the weight the judge or the jury deems proper after examining the same with caution in the light of all the evidence submitted in the case. In jury cases the jury shall be given instructions to that effect.
History —July 23, 1974, No. 208, Part 2, p. 112; Sept. 15, 2004, No. 317, § 11.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 157 - TRIAL; MURDER; BURDEN OF PROOF

Upon a trial for murder, once it is proven that the death was caused by the defendant, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of The People tends to show that the crime committed only amounts to manslaughter or that the defendant was justified or excused in committing it.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 158 - TRIAL; LOTTERY; PROOF REQUIRED

Upon a trial for the violation of any of the provisions of §§ 291-298, both inclusive, of the Penal Code of Puerto Rico, §§ 1211-1218 of Title 33, it shall not be necessary to prove the existence of any lottery in which a lottery ticket purports to have been issued, nor to prove the actual signing of any such ticket or share, purported ticket or share, of any purported lottery, or that any lottery ticket, share or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager. But in all cases proof of the sale, bartering, or proceeding of any ticket, share, or part or share or of any document purporting to be such ticket, share or interest thereof, is evidence that such share was signed and issued according to the purport thereof.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 159 - PROCEEDINGS BEFORE THE DISTRICT COURT

(a) Assistance of counsel.— If when a case is to be tried, the defendant appears in court without counsel, the court shall advise him of his right to counsel, and if the defendant cannot obtain the services of counsel, the court shall assign counsel to represent him, unless the defendant waives his right thereto. The counsel assigned by the court shall render his services free of charge to the defendant. The court shall grant counsel a reasonable time to prepare the defense of the defendant.
(b) Trial.— At the commencement of the trial the complaint shall be read to the defendant who shall thereafter file his plea. If the defendant pleads “not guilty”, the corresponding prosecuting attorney, if any, or in lieu thereof the court shall proceed to examine under oath the witnesses for the prosecution, after which, the defendant shall submit the evidence on his behalf. Thereafter and following the same order, the evidence of rebuttal may be introduced, although said order may be altered by the court according to its own discretion. Once the presentation of the evidence and the pleading of both parties is over, the court shall render the appropriate judgment and enter sentence pursuant to the provisions of these Rules.
History —June 26, 1974, No. 90, Part 1, p. 314.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 160 - JUDGMENT; DEFINITION; TIME FOR PRONOUNCING

The word “judgment” means the pronouncement made by the court convicting or acquitting the defendant.
After a plea of guilty or after a verdict against the defendant, the court shall forthwith pronounce its judgment pursuant to said plea or the verdict rendered. If the case was not tried by jury, the court may reserve the judgment for a term not longer than two days after the case was submitted.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 161 - JUDGMENT; DETERMINATION OF DEGREE OF CRIME

In judgments of conviction of crimes divided in degrees, the court shall determine the degree of the crime of which the defendant is convicted.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162 - SENTENCE; DEFINITION; TIME FOR PRONOUNCING

The word “sentence” means the pronouncement made by the court as to the punishment imposed on the defendant.
At the time of pronouncing sentence, the court must explain verbally or in writing the reasons for imposing the sentence.
When a judgment of conviction is entered in felony cases, the court shall set a time limit for pronouncing sentence, which must be at least three (3) days after the verdict. In cases of misdemeanors, the court shall pronounce sentence no later than on the day after the judgment. In no case shall the court pronounce sentence before any motion for a new trial or a motion to stay judgment has been decided, or before due consideration has been given to the presentence report required under Rule 162.1.
The rules of evidence shall not apply in the sentencing phase, except insofar as privileges are concerned, as outlined in Rules 23 to 35 of Evidence of Puerto Rico, App. IV of Title 32.
History —July 23, 1974, No. 172, Part 2, p. 10, 1; June 4, 1980, No. 103, p. 334, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162.2 - SHORT DATA FORM, RULES AND PROCEDURE

(a) At every court Part there shall be available a “Short Data Form” in which to record information regarding, among other, the following criteria directed at allowing the magistrate to make a rational judgment upon pronouncing sentence:
(1) Employment and sources of income
(2) Place of residence and time therein
(3) Community relations and family ties
(4) Personal references
(5) Mental and physical state of health
(6) Previous criminal record
(7) The economic, emotional and physical effect upon the victim and his family caused by the commission of the crime
(8) Any other fact that may affect the final determination of the sentence.
(b) The following rules and procedures regarding the Short Data Form mentioned in Rule 162.1 shall be applied:
(1) The data to be recorded in the form shall be furnished voluntarily.
(2) Refusal to furnish data, nevertheless, shall only constitute one factor which the magistrate shall consider, among others, to determine the sentence to be imposed.
(3) The magistrate shall not take the data in the form into account until the time immediately preceding such sentence.
(4) When considering the data in the form, the magistrate shall read its contents to the accused to make sure that the data given by him is the same appearing in the form.
(5) In every case that it is required by these rules for the magistrate to record his reasons in the form when making his determination on the sentence, a copy of the form shall be attached to the record of the case.
(6) If the court finds, after the data in the form is verified by personnel appointed therefor, that all or any part thereof is false, motu proprio or at the request of the prosecuting attorney’s office, it may vary the conditions of the sentence.
(7) The Short Data Form must be executed by the court once it has determined probable cause.
History —Added July 23, 1974, No. 239, Part 2, p. 225, § 1; June 19, 1987, No. 37, p. 130, § 2, eff. 60 days after June 19, 1987.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162.3 - NOTICE, OBJECTIONS

Once the presentence reports are rendered, the court shall serve notice of this fact promptly to the parties who may submit their objections within the term of ten (10) days from the date of service.
The parts of the report that are to be contested through the presentment of evidence shall be specified. If the reports were contested, the court shall hold a hearing.
History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule § 162.4 - SENTENCE; EVIDENCE OF EXTENUATING OR AGGRAVATING CIRCUMSTANCES

The defendant, as well as the prosecuting attorney, may request the court to hear evidence of extenuating or aggravating circumstances for the purpose of imposing the penalty. If it appears from the allegations submitted that there is a real controversy over a material fact that requires the presentation of evidence, the court shall then hold a hearing as soon as possible, in which:
(a) The prosecuting attorney may present evidence of aggravating circumstances which, in his judgment, justify that a strict sentence be pronounced or that the effects thereof should not be suspended or, in the opposite case, that stricter conditions be imposed.
(b) The defendant may present evidence of extenuating circumstances which, in his judgment, justify a lenient sentence or that the effects thereof be suspended.
History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 162.5 - PRESENTENCE REPORTS; EXTENUATING AND AGGRAVATING CIRCUMSTANCES; CONSOLIDATION OF HEARINGS

If a party files a motion under Rule 162.1, and it or the other party files another motion under Rule 162.4, or accumulates claims in the same motion under both rules, the court shall consider both issues in one same hearing unless this is not feasible.
History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 163 - JUDGMENT AND SENTENCE; PLACE AND MANNER OF PRONOUNCEMENT

The judgment as well as the sentence shall be pronounced in open court and shall be registered in the official docket for criminal cases and in the minutes of the court, if any, within two (2) days following the day on which they were pronounced or dictated. The clerk of the court shall immediately remit a certified copy of the sentence to the Superintendent of the Police of Puerto Rico and to the District Attorney.
History —Dec. 13, 1994, No. 128, § 1, eff. 90 days after Dec. 13, 1994.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 164 - JUDGMENT OF ACQUITTAL; EFFECTS

If a judgment of acquittal is entered and the defendant is under custody, he shall be released forthwith, unless by reason of other pending causes he should remain in custody, and if he is on bail, it shall be exonerated or his money refunded as the case may be.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 165 - JUDGMENT AND SENTENCE; PRESENCE OF DEFENDANT

When the presence of the defendant is necessary, the court may direct any officer in whose custody he is, to bring him before the court to hear the judgment or sentence which is to be pronounced or imposed on him. If the defendant is out on bail and does not appear for judgment or sentencing, the court, in addition to forfeiting bail, may direct that the defendant be arrested. If the defendant is convicted and is out on bail, the court shall immediately decree that bail be rescinded, and shall direct that the defendant be imprisoned until judgment is pronounced in those cases that by express provision of law the effects of his sentence cannot be suspended.
History —Mar. 30, 1984, No. 6, p. 17.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 166 - SENTENCE; INFORMATION TO BE GIVEN TO DEFENDANT BEFORE JUDGMENT

When the defendant appears in court for judgment, in cases of felony, he must be informed of the nature of the charge against him contained in the information and of the pronouncement of judgment, and must be asked whether he has any legal cause to show why sentence should not be imposed on him. If no such legal cause exists the court shall pronounce sentence. If the defendant is not represented by counsel, the court shall inform him of his right to appeal, and the clerk at the request of the defendant, shall prepare and file a notice of appeal pursuant to the provisions of these rules.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 167 - SENTENCE; OMISSION TO GIVE INFORMATION

If the sentence pronounced is not in accordance with the provisions of Rule 166, the court shall set it aside and proceed according to said rule.