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 IV - THE INFORMATION AND THE COMPLAINT › Rule 41 - ALLEGATION OF JUDGMENT OR PROCEEDING

Where an information or complaint refers to a judgment or to a proceeding before any court or officer, whether civil or military, it shall not be necessary to allege the facts which conferred jurisdiction to said court or officer, but it shall be sufficient to allege in general terms that judgment was rendered or the proceeding was held, so as to identify the same.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 42 - ERRONEOUS ALLEGATION AS TO PERSON INJURED

When an offense involves the commission of, or an attempt to commit, a private injury, and it is described with sufficient certainty in other respects to identify the act, any erroneous allegation as to the person injured or intended to be injured shall be considered as a defect of form.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 43 - ALLEGATIONS AS TO ACCESSORIES

When a person is charged as an accomplice or accessory in the commission of an offense for having aided, forced, induced, provoked or abetted its commission, it shall not be necessary to make any more allegations about said person than those required to be made against the principal or personal author of the offense.
History —May 27, 1980, No. 64, p. 160; Sept. 15, 2004, No. 317, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 44 - PROCEDURES AGAINST CO-AUTHORS

A co-author may be prosecuted, tried, and punished, although the principal is neither prosecuted nor tried, or is tried and acquitted.
History —May 27, 1980, No. 66, p. 163; Sept. 2, 2003, No. 230, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 45 - FAILURE TO ALLEGE VALUE OR PRICE

The information or complaint shall be sufficient though the value or price of the property affected is not specified, except where an allegation to that effect is a material ingredient in the offense. It shall be sufficient to allege that the value or price of the property equals or exceeds the value or price determinative of the offense. The facts determining said value or price need not be alleged.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 46 - ALLEGATION AS TO INTENTION TO DEFRAUD

An allegation of an intention to defraud or to cause injury shall be sufficient without having to allege the intention to defraud or to injure a specific person, except where an allegation to that effect is a material ingredient in the offense.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 47 - ALLEGATION AS TO DOCUMENTS

When it shall be necessary in an information or complaint to make an allegation with regard to a document, it shall be sufficient to refer to said document by any name by which it is usually known or identified, and a copy thereof or of part of it need not be incorporated.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 48 - ALLEGATION OF FORMER CONVICTION

An information or complaint shall not contain any allegations whatsoever of former convictions of the defendant, except when an allegation to that effect is a material ingredient of the offense, or to allege the condition of second offender or of habitual offender in relation to the defendant.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 49 - FAILURE TO DENY EXCEPTIONS

An information or complaint shall not be insufficient by reason of a failure to deny therein the exceptions or exemptions provided by law, unless the exception or exemption is included therein so as to constitute an inseparable part of the definition of the offense, in such a way that if the said exception or exemption is not denied, the information or complaint would not comply with the requirements of Rule 35.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IV - THE INFORMATION AND THE COMPLAINT › Rule 50 - ALLEGATIONS IN THE ALTERNATIVE

An information or complaint charging an offense which may be committed by one or more acts, or by one or more means, or with one or more intentions, or with one or more results, shall not be insufficient because two (2) or more of said acts, means, intentions or results are alleged in the alternative.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter V - ARREST OF DEFENDANT AFTER INFORMATION › Rule 51 - WARRANT OF ARREST AFTER THE FILING OF THE CHARGES

If the facts alleged in the charges constitute an offense, and the accused has not been arrested for said offense prior to the filing of the information, the court shall issue the appropriate warrant for his arrest. The officer executing a warrant shall take the arrested person without unnecessary delay before the court which issued the warrant or before any available magistrate, in order to admit the defendant to bail.
The term for service processing of an arrest warrant shall be the same as the statute of limitations of the crime charged, calculated from the date of issue of the arrest warrant. For cases that do not have a statute of limitations greater than five (5) years, or that do not have a statute of limitations at all, the term for the service processing of an arrest warrant shall be five (5) years calculated from the date of issue of the arrest warrant.
Under extraordinary circumstances, the judge may accept an arrest warrant that is served out of the established term as valid. For such purposes, the judge shall consider among others, the following factors:
(1) Official procedures toward arresting the accused.
(2) Whether the accused knows of the arrest warrant issued against him/her.
(3) Whether the accused has escaped or hidden.
(4) The availability of the accused for the execution of an effective service processing.
(5) Whether the address or whereabouts of the accused are known or should have been known.
(6) Whether the address of the accused has changed.
(7) Whether the accused has fled from the jurisdiction of the Commonwealth of Puerto Rico.
(8) Mobility of the accused within the jurisdiction of the Commonwealth of Puerto Rico.
History —Sept. 3, 2003, No. 246, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 52 - WHEN ARRAIGNED

In cases where information is filed, the defendant shall be taken before trial to open court where he shall be arraigned, unless he waives arraignment, and he shall be called upon to plead thereto. The arraignment will not be necessary if, prior to the same, the defendant has been personally given a copy thereof and, upon representation by counsel, he has answered or if he fails to do so and the ten- (10-) day term to plead has passed, in which case a pleading of not guilty shall be registered. Subject to the provisions of Rule 243, the defendant shall be present on arraignment in the cases in which said procedure is in order. A copy of the information and the list of the witnesses shall be furnished to him before he is called upon to plead.
When in cases where a minor is prosecuted as an adult due to a waiver of jurisdiction thereupon, witnesses’ sworn statements utilized at the hearing by the Prosecutor for Minors’ Affairs to establish probable cause pursuant to Rule 2.10 for Procedures in Minors’ Affairs, App. I-A of this title, shall be handed over to said minor upon request thereof.
History —June 19, 1987, No. 29, p. 91 § 9; Aug. 22, 1990 No. 55 p. 220, § 3, eff. 30 days after Aug. 22, 1990.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 53 - NEED OF ARRAIGNMENT IN CASES OF COMPLAINTS

In cases where the complaint charges a misdemeanor the arraignment may be omitted, but the complaint shall be read to the defendant at the commencement of the trial.
When a defendant is summoned to trial, a copy of the complaint shall be delivered to him.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 54 - ARRAIGNMENT IN CASES OF CODEFENDANTS

Where an information is filed against two (2) or more codefendants the arraignment may be conducted separately or jointly, in the discretion of the court.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 55 - APPEARANCE OF DEFENDANT

The court may order the officer who has the custody of the defendant to bring him before the court to be arraigned. If the defendant should be on bail, he shall be notified personally when he should appear for the arraignment. If the defendant fails to appear, the court may order the forfeiture of the bail pursuant to Rule 227, or issue a bench warrant, or both. The bench warrant may be served at any place within the jurisdiction of the Commonwealth of Puerto Rico.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 56 - PART WHERE ARRAIGNMENT SHALL BE MADE

Arraignment shall be made in the part of the Court of First Instance where the information is filed, unless prior to the arraignment the case should have been transferred to another part. In the latter event, the arraignment shall take place in that other part.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 57 - ASSISTANCE OF COUNSEL

If the defendant appears for arraignment without counsel he must be informed by the court of his right to have counsel and the court shall appoint an attorney to represent him at the arraignment and at every stage of the proceeding, unless the defendant waives his right to legal assistance or is able to obtain counsel of his choice. The court shall give him a reasonable period of time to prepare for trial. The attorney so appointed shall serve without any cost to the defendant.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 58 - WARNING AS TO NAME OF DEFENDANT AND TRIAL IN ABSENTIA

(a) When defendant is arraigned, he shall be informed that if the name by which he is prosecuted in not his true name, he must then state his true name, otherwise he shall be prosecuted under the name appearing in the information. If the defendant gives no other name, the court shall proceed accordingly, but if he alleges that another name is his true name, the court shall direct entry thereof in the minutes of the arraignment, and the subsequent proceeding shall be had under said name, referring also to the name by which the prosecution was commenced.
(b) When the indictment is read, the court shall set a date for the trial and shall warn the defendant that, should he fail to appear, he may be tried in absentia, including the selection of the jury and all the other stages up to the verdict or judgment and the sentencing, and that his voluntary failure to appear shall be equivalent to the relinquishment of his right to be present during these stages of the proceeding.
History —June 23, 1974, No. 138, Part 1, p. 645, § 1; May 27, 1980, No. 70, p. 173, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 59 - TERM TO PLEAD

Should the accused request it on being arraigned, he shall be allowed a reasonable term of not less than one (1) day, nor more than ten (10) days to answer the charges.
History —June 3, 1980, No. 93, p. 253.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VI - ARRAIGNMENT › Rule 60 - IRREGULARITY OF THE ARRAIGNMENT; WAIVER

If the information is not read to the defendant at the arraignment, or if any other irregularity should take place, the validity of any step in the prosecution shall not be thereby affected if the defendant, through his counsel or personally if he should have waived legal assistance, answers the information or submits to trial without objecting to said omission or irregularity.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 61 - HOW TO ANSWER INFORMATION

After having heard the information, and unless the court grants him time to answer, the defendant shall immediately make his plea, or he may file a motion to dismiss or to grant appropriate relief. If a motion should be filed without having entered any plea, and said motion is withdrawn or dismissed, the defendant shall then answer by making his plea.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 62 - DEFENSES AND OBJECTIONS; HOW THEY SHALL BE RAISED

Demurrers and any other pleas, other than guilty or not guilty are abolished. All the defenses, objections and reliefs which heretofore could have been raised by motion or demurrer, or any other plea other than guilty or not guilty shall be raised by motion to dismiss or to grant appropriate relief.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 63 - DEFENSES AND OBJECTIONS; WHEN THEY SHALL BE RAISED; WAIVER

Except for the defenses based on lack of jurisdiction of the court and failure to charge an offense, which may be raised at any time, any defense or objection susceptible of determination before the trial on the merits of the case must be raised by a motion filed before or upon entering a plea of not guilty, but the court may allow the filing of said motion for just cause within a term of not more than twenty (20) days after the act of arraignment in cases where said act must be held. When a copy of the charges has been delivered personally to the defendant, the term for filing this motion shall not be more than twenty (20) days from the moment the defendant has answered. When he has not answered, the term shall not be more than twenty (20) days after the plea of not guilty is entered.
The motion shall include all such defenses and objections available to the defendant. Failure to present any such defenses or objections within the term provided shall constitute a waiver thereof, but the court may exempt the defendant from the effects of said waiver, for just cause.
A motion to dismiss based on the provisions of Rule 64(n)(3) or (4) must be filed prior to the case being called for trial.
History —July 5, 1988, No. 65, p. 292, § 1, eff. 60 days after July 5, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 65 - MOTIONS BEFORE TRIAL; FORM, CONTENTS AND DETERMINATION

Any motion before trial must be filed in writing and signed by the defendant or his attorney, but the court may allow it to be stated orally for just cause. It shall state the grounds of the defenses or demurrer to the accusation, in detail. The court shall dismiss from the outset, without need of a hearing, any motion that does not comply with the requirements established by this rule.
Motions that state defenses or demurrers to the accusation or charges shall be filed at the Court of First Instance within ten (10) days following the act of arraignment in cases that said act must be held. When a copy of the charges has been personally delivered to the defendant, the term for filing these motions shall not be more than twenty (20) days from the moment the defendant has answered. When the defendant has not answered, the term shall not be more than twenty (20) days after the plea of not guilty is entered. At the District Court these motions shall be filed at least twenty (20) days prior to the trial, except for duly justified and grounded cause. These motions must be simultaneously notified to the prosecutor who will answer within a term not greater than twenty (20) days after being notified. The court shall resolve these motions at least twenty (20) days prior to the trial except for just cause, or unless it orders its deferment to be considered during the trial on the merits of the case. All issues of fact or law that arise from said motion shall be decided by the court.
History —July 5, 1988, No. 65, p. 292, § 3, eff. 60 days after July 5, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 66 - MOTIONS BEFORE TRIAL; PROCEEDING IF THE DEFECT ALLEGED SHOULD NOT PRECLUDE FURTHER PROCEEDINGS

If the motion is based on a defect in the information, complaint or bill of particulars curable by amendment, the court shall order the amendment to be made and deny the motion. If the court should grant a motion based on a defect in the institution of the prosecution or in the information or complaint, it may also order the defendant to be held in custody or that his bail be continued for a specific time, pending the filing of a new information or complaint. Nothing contained herein can affect the provisions for prescription terms.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 67 - ORDER DISMISSING THE PROSECUTION; WHEN IT PRECLUDES NEW PROSECUTION

An order granting a motion to dismiss is no bar to another prosecution for the same offense unless the defect or objection is incurable, or unless, in a misdemeanor, said motion is granted on any of the grounds enumerated in Rule 64(n).
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 68 - PLEAS

A defendant may plead guilty or not guilty. The plea must be entered verbally in open court by the defendant or his/her attorney. It shall be entered in the minutes of the court but failure to do so shall not affect its validity in the prosecution of the case.
When the charges entail an offense in some degree of recidivism the defendant may, when entering his/her plea, or at any subsequent time provided it is before the charges are read to the jury, admit the prior conviction or convictions and in such a case the jury shall not be informed in any manner whatsoever of the existence of said conviction or convictions.
History —Sept. 15, 2004, No. 317, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 69 - PLEAS; PRESENCE OF DEFENDANT; REFUSAL TO PLEAD

Except where the information is against a corporation a plea of guilty for a felony shall not be admitted unless the defendant is present and makes the plea personally. A corporation may appear to plead by its attorney. If a defendant refuses to make any plea or when a corporation fails to appear, a plea of not guilty shall be entered.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 70 - PLEA OF GUILTY; DUTY OF THE COURT

The court shall not accept the plea of guilty without first determining that it is made voluntarily, with understanding of the nature of the charge and of the consequence of said plea.
The court, prior to accepting a plea of guilty in cases of a felony, shall also, for the record, advise the defendant of the following:
“If you are not a U.S. citizen, you are hereby advised that a conviction for the crime of which you are accused could entail deportation, exclusion from entering the United States or denial of naturalization pursuant to the laws of the United States.”
If requested, the court shall grant the defendant additional time to consider whether the plea of guilty is the adequate action pursuant to the warning set forth in this rule.
History —Jan. 1, 2003, No. 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 71 - PLEA OF GUILTY; REFUSAL OF COURT TO ADMIT IT; LEAVE TO CHANGE IT

The court may refuse to admit a plea of guilty and it may order that a plea of not guilty be entered. The court may, furthermore, at any time before rendering judgment, permit that the plea of guilty be withdrawn and substituted by the plea of not guilty or, with the consent of the prosecuting attorney, by the plea of guilty of an offense inferior to the one charged but included therein, or of a lower degree than the offense charged.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 73 - PLEA OF NOT GUILTY; ITS EFFECTS

The plea of not guilty constitutes a denial of every material allegation of the information or complaint. Subject to the provisions of Rules 63 and 64, all the matters of fact tending to establish a defense may be given in evidence under a plea of not guilty.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 75 - FAILURE TO PLEAD; ITS EFFECT

The fact that the defendant should fail to make any plea shall not affect the validity of any proceeding of the court if the defendant submits to trial without making any plea.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 76 - DISQUALIFICATION; GROUNDS

In any criminal prosecution, The People or the defense may request the disqualification of the judge on any of the following grounds:
(a) Where the judge has been prosecuting attorney or counsel for the defendant in the case.
(b) Where the judge is the essential witness in the case.
(c) Where the judge presided over the trial of the same case in a lower court.
(d) Where the judge has an interest in the outcome of the case.
(e) Where the judge is related by consanguinity or affinity within the fourth degree to the defendant, to the victim of the offense charged or to defendant’s counsel or the prosecuting attorney.
(f) Where the judge has a formed opinion or prejudice in favor or against any of the parties, or might have prejudged the case.
(g) Where the judge acted as magistrate for the purpose of issuing the warrant of arrest or summon or for the purpose of determining probable cause at the preliminary hearing.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 77 - MOTION FOR DISQUALIFICATION; FORM AND REQUISITE

The motion for disqualification of the judge shall be presented in writing and under oath and it shall specify the grounds on which it is based.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 78 - MOTION FOR DISQUALIFICATION; WHEN PRESENTED

The motion for disqualification shall be presented at least twenty (20) days before the trial, but if the grounds of said motion are not known by the petitioner twenty (20) days prior to the trial, it shall be presented as soon as possible.
History —July 5, 1988, No. 65, p. 292, § 5, eff. 60 days after July 5, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 79 - MOTION FOR DISQUALIFICATION; DUTY OF THE JUDGE

When a motion for disqualification is based on subsections (d) and (f) of Rule 76, the judge challenged shall not sit on the motion and it shall be heard before another judge.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 80 - DISQUALIFICATION MOTU PROPRIO

Nothing provided in these rules shall preclude a judge from being disqualified motu proprio on the grounds listed in Rule 76 or for any other justifiable cause.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 81 - CHANGE OF VENUE; GROUNDS

On motion of The People or the defendant, a court in which a criminal action is pending may transfer it to another part on the following grounds:
(a) When for any reason other than those enumerated in Rule 76 a just and fair trial cannot be had in the district where the case is pending.
(b) When for reasons of public disorder existing in the district, a just and fair trial cannot be safely and speedily had for the defendant and The People.
(c) Whenever the life of the defendant or of any witness would be jeopardized by a trial in said district.
(d) When no jury can be obtained for the trial of the defendant in said district.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 82 - MOTION FOR CHANGE OF VENUE; HOW AND WHEN PRESENTED

The motion for a change of venue shall be stated in writing, shall indicate the grounds upon which it is based and shall be supported by a sworn statement. Said motion and the sworn statement shall be presented to the court, and the adversary party or his attorney shall be notified at least twenty (20) days prior to the trial, if its grounds were known at the time. A date shall be set for a pretrial hearing. If the grounds for such motion were unknown to the petitioner at least twenty (20) days prior to the trial, the motion shall be presented and notified as soon as possible, but never after the case has been called to trial, and it must be shown that it could not be presented previously. In such case, the trial may be postponed until the motion is resolved.
History —July 5, 1988, No. 65, p. 292, 6, eff. 60 days after July 5, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 83 - MOTION FOR CHANGE OF VENUE; DETERMINATION

In deciding the motion for a change of venue the court shall consider the facts alleged therein and the affidavit attached thereto, any other affidavits presented and the evidence admitted at the hearing of said motion. If the court grants the change of venue it shall enter an order transferring the case to the part of the same division which might be competent or the part most conveniently situated, where a fair and impartial trial may be obtained.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 84 - CHANGE OF VENUE; ORDER

The order of removal shall be entered upon the minutes and the clerk shall immediately send to the part to which the action is removed a certified copy of the order of removal, record and all the proceedings in the action, including the undertakings guaranteeing the appearance of the defendant and of the witnesses, if any.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 85 - CHANGE OF VENUE; DEFENDANT UNDER CUSTODY

If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the warden of the jail where he is imprisoned to the custody of the warden of the district to which the action is removed.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 86 - CHANGE OF VENUE; APPEARANCE OF WITNESSES

When an action is removed to another court, any witness who might have furnished bond to appear at the trial, should, upon being notified of said transfer, appear before the part to which the action was removed at the time he was summoned. His absence shall be sufficient cause for the forfeiture of the bond.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 87 - CHANGE OF VENUE; WHEN SEVERAL DEFENDANTS

Where there are several defendants and an order of removal is issued at the request of one or several of them, but not of all of them, the defendants who did not request the transfer shall be tried in the part which issued the order of removal.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VIII - DISQUALIFICATION OF JUDGE AND CHANGE OF VENUE › Rule 88 - CHANGE OF VENUE; PROCEEDING IN THE COURT TO WHICH THE ACTION IS TRANSFERRED

The part to which an action is transferred shall proceed to trial and judgment as if the action had commenced therein. If said part should deem it necessary to have any of the original pleadings or other papers before such court, the part from which the action is transferred shall, at any time, upon request of the prosecution or of the defendant, order their remittance by the clerk, retaining a certified copy thereof.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 89 - JOINDER OF CAUSES

The court may order that two (2) or more informations or complaints be tried jointly where the offenses and defendants, if more than one, could have been joined in a single information or complaint. The prosecution shall continue as if it were a single information or complaint.
If a complaint is filed in the District Court for a misdemeanor related to any felony for having arisen from the same act or transaction or for having arisen from two (2) or more acts or transactions related to each other, or that constitute a part of a common plan, the defendant or the prosecuting attorney may request the District Court of First Instance [sic] and the latter may issue a warrant so that the decree on the case be referred to the Court of First Instance. The request of the defendant must be filed in the District Court before the beginning of the trial in the Court of First Instance. The proceeding in the Court of First Instance shall be continued having as its grounds the complaint filed in the District Court and the trial shall be tried by a court of law.
History —May 20, 1970, No. 28, p. 58; June 19, 1987, No. 29, p. 91, eff. 60 days after June 19, 1987.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 90 - SEPARATE TRIALS; GROUNDS

If it is shown that a defendant or The People shall be prejudiced by joining several offenses or defendants in a single information or complaint, or by joint trial, the court may order a separate trial of offenses or of defendants, or grant any other remedy proper at law.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 91 - SEPARATE TRIALS; ADMISSION BY CODEFENDANT

At the request of a codefendant the court shall order a separate trial when several persons are accused and one of them shall have made declarations, admissions or confessions pertinent to the case which might affect said codefendant adversely, unless the prosecuting attorney announces that he will not offer in evidence said declarations, admissions or complaints, nor shall he make, in any manner whatsoever, reference thereto during the trial.
This rule shall not be applicable to a trial for the offense of conspiracy.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 92 - SEPARATE TRIALS; OFFENSE OF CONSPIRACY

When separate persons are jointly accused of the same offense of conspiracy, the court shall order, at the request of one of them, a separate trial if it is shown that any one of the other conspirators, after having carried out or failed in the objective for which the alleged conspiracy was planned, made declarations, admissions or confessions pertinent to the case which might adversely affect the person who requested the separate trial, unless the prosecution announces that he will not offer in evidence said declarations, admissions or confessions, nor shall he make any reference thereto during the trial.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 93 - JOINDER OR SEPARATION; HOW AND WHEN REQUEST SHALL BE MADE

The motion for the joinder or separation of actions under Rules 89 to 92 shall be filed in writing not less than twenty (20) days before the trial and it shall give the reasons for such request. Notice shall be served on the other party. For cause shown, the court may permit said motion to be filed at any time before the case is called for trial.
History —July 5, 1988, No. 65, p. 292, § 7, eff. 60 days after July 5, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 95 - DISCOVERY OF EVIDENCE OF THE PROSECUTION IN FAVOR OF THE DEFENDANT

(a) On motion of the defendant at any time after the filing of the information or charges and within the term prescribed to submit it, the court shall order the prosecution to allow the defendant to inspect, copy or photocopy the following material or information in the possession, custody or control of the prosecution:
(1) Any sworn statement by the defendant in the possession of the prosecutor.
(2) Any sworn statement of the witnesses for the prosecution who have declared at the hearing to determine probable cause to arrest or summon, at the preliminary hearing, at the trial, or that were waived by the prosecution, and the record of prior criminal convictions.
(3) Any result or report of physical or mental examinations and of scientific tests or experiments relevant to the adequate preparation of the defense of the defendant, or to be used during the trial by the prosecution.
(4) Any book, paper, document, photograph, tangible object, structure or location relevant to the adequate preparation of the defense of the defendant that the prosecution intends to use at the trial or that was obtained from, or belonged to, the defendant.
(5) The record of prior criminal convictions of the defendant.
(6) Any report prepared by police agents related to the cases filed against the defendant that is relevant to the adequate preparation of the defense of the defendant. The discovery of this evidence shall be subject to the following conditions:
(A) That the objects, books, documents and papers that the defendant wishes to examine, be related or described with sufficient specification;
(B) that it does not affect the security of the Commonwealth nor the investigative work of its police agents, and
(C) that the corresponding motion by the defendant is filed with enough anticipation of the date set for the trial, so that there are no unnecessary delays in the proceedings nor undue inconveniences to the officials of the Commnwealth.
(b) The prosecution shall reveal all evidence exonerating the defendant that it has in its possession.
(c) The prosecution shall inform the court if the material or information requested is not in its possession, custody or control, in which case, the court shall order the person or entity that possesses it, has it under custody or controls it, to place it at the disposal of the defendant.
(d) The legal investigation writs, reports, memorandums, correspondence or other internal documents that contain the prosecution’s opinions, theories or conclusions shall not be subject to discovery or inspection by the defense.
History —July 1, 1988, No. 58, p. 266, § 1, eff. 90 days after July 1, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 95.1 - PRETRIAL CONFERENCE

(a) In the Court of First Instance.— At any time after the indictment is read to the defendant the court, upon motion by either party or on its own, may provide for the holding of one or more conferences for the purpose of considering any matters susceptible of being solved or stipulated prior to the pretrial. At the end of the conference, the court shall prepare a record stating the agreements reached and any orders entered. The record shall be filed as part of the record in the case, once it is accepted and signed by the defendant, his counsel and the prosecuting attorney. No admission of the defendant or of his counsel in the conference shall be used against him unless the defendant by a written motion, duly signed by him and his counsel so authorize and accept.
(b) In the District Court.— After filing of the proper complaint in the District Court, provided the People is represented by a prosecuting attorney, there may be held a pretrial conference following the procedure established in this rule.
(c) Presence of defendant.— Every conference shall be held in the presence of the defendant and his counsel or with the sole legal representation of the first, provided that the defendant expressly authorizes his counsel in writing to do so. The written authorization shall be made part of the record.
(d) When it shall be held.— The pretrial conference shall be held in chambers at least ten (10) days before the trial, except that under exceptional circumstances, or upon motion by either party, the court may hold it at any time before the trial.
(e) Effects of agreements.— The stipulations and other agreements reached by the parties shall be the law between the parties and shall govern subsequent procedures of the specific case object of the conference.
(f) Judge may preside the trial.— The judge who presided over the conference may hear and preside over the case on its merits.
History —Added on June 26, 1974, No. 88, Part 1, p. 311, eff. 90 days after June 26, 1974.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 95A - DISCOVERY OF EVIDENCE OF THE DEFENDANT IN FAVOR OF THE PROSECUTION

(a) On motion of the prosecution after the defendant has requested the discovery of evidence pursuant to clauses (3) and (4) of subsection (a) of Rule 95 and within the term prescribed for filing it, the court shall order the defendant to allow the prosecution to inspect, copy or photocopy the following material or information that is in the possession, custody or control of the defendant and that he intends to present as evidence at the trial:
(1) Any book, paper, document, photograph or tangible object.
(2) Any result or report of physical or mental examinations or scientific tests or experiments performed with relation to that particular case.
(b) This rule does not authorize the inspection, copying or photocopying of records, correspondence, writs or memoranda that are the product of the work of the defendant, or of the counsel for the defendant, in the investigation, study and preparation of his defense, nor of any communication made by the defendant, as well as those statements made by the defendant, by witnesses or possible witnesses for the defense or by the People, for the defendant or the agents or counsel of the defendant.
History —Added on July 1, 1988, No. 58, p. 266, § 2, eff. 90 days after July 1, 1988.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter IX - PRETRIAL PROCEEDINGS › Rule 95B - NORMS THAT WILL GOVERN THE DISCOVERY OF EVIDENCE

(a) Ongoing duty to disclose.— If before or during the trial, a party discovers evidence or material in addition to that previously requested or ordered that is subject to discovery under Rules 95 and 95A, said party shall notify the existence of such additional evidence or material, as soon as it learns of the same, to the other party, the other party’s counsel, or the court.
(b) Time to conclude discovery.— All discovery provided in Rules 95 and 95A shall be completed within a term not to exceed ten (10) days before the trial.
(c) Protective orders.— On a duly founded motion by any of the parties, the court may order that the discovery or inspection be directed, restricted, postponed or conditioned, as well as to issue any order it deems necessary. If the court issues a protective order affecting a writ, the complete text of the party’s writ shall be sealed and preserved in the record of the court so that it is available to the appellate court in case of a writ of certiorari or appeal.
(d) Time, place and manner of the discovery of evidence ordered by the court.— The court order authorizing the discovery of evidence shall specify the date, place and manner that the inspection, copy or photocopy is to be made, and may establish the terms and conditions that the court deems fair and necessary.
(e) Effects of a refusal to comply with the court order.— If at any time during the process it is brought to the attention of the court that one of the parties has not complied with the order, the court may order said party to allow the discovery or inspection of the information or material, forbid said party to present the evidence not discovered during the trial, or may issue those orders or remedies that it deems necessary under the circumstances.
History —Added on July 1, 1988, No. 58, p. 266, § 3 eff. 90 days after July 1, 1988; June 24, 2012, No. 124, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 109 - TIME TO PREPARE FOR TRIAL

(a) Continuances applicable to the Prosecuting Attorney and the Defense.— After entering his plea, the defendant shall be entitled to at least twenty (20) days to prepare for trial.
(b) Every motion for continuance, transfer of hearing or stipulation of continuance before the trial shall be filed in writing, at least five (5) days prior to the date of setting. The following shall be set forth therein:
(1) The grounds for such request.
(2) At least three (3) dates available to the petitioner for the hearing, if stayed. The available dates to be set shall have to be included within the court calendar in which court is setting dates for hearing.
A motion for continuance not complying with the foregoing provisions shall be denied flatly. A verbal request for continuance may only be made on the day of hearing, founded on extraordinary circumstances unforeseeable and beyond control of the parties or their attorneys.
If from the face of the written request or from the verbal request justified cause for continuance should arise, the judge shall forthwith issue a written resolution stating the grounds for granting the continuance, transfer or approval of stipulation of continuance and again setting the hearing for the nearest available date. A copy of such resolution shall be sent to the Administrative Judge.
Every motion for continuance or transfer or stipulation of continuance filed before the hearing shall be settled or approved by the administrative judge, except when he transfers the matter to the judge who is to hear or is hearing the case, for determination.
History —July 23, 1974, No. 207, Part 2, p. 110, eff. 60 days after July 23, 1974.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 110 - PRESUMPTION OF INNOCENCE AND REASONABLE DOUBT

In every criminal prosecution a defendant is presumed innocent until the contrary is proved, and in case of a reasonable doubt as to his guilt he shall be acquitted. If there is doubt between the degrees of an offense or of lesser and greater offenses, he may be convicted only of the lowest of such degrees or of the lesser offense.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 111 - RIGHT TO TRIAL BY JURY AND ITS WAIVER

Questions of fact in felony cases and, except as provided by special statutes, in misdemeanor cases, provided that the information was originally filed in the Court of First Instance and was also within the jurisdiction of the District Court, shall be tried by jury unless the defendant expressly, intelligently and personally waives the right to trial by jury. Before accepting the defendant’s waiver of his right to be tried by jury, the judge is bound to explain to the defendant the meaning of the waiver of such right and to warn him of the consequences thereof.
The court shall grant the trial by jury at any time after the arraignment. If the waiver to the right of trial by jury is filed after the beginning of trial, the trial judge is authorized to discretionally allow it to continue by court of law with the consent of the government attorney.
History —July 9, 1986, No. 86, p. 273, eff. 30 days after July 9, 1986.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 112 - JURY; NUMBER OF JURORS; VERDICT

Juries shall be of twelve (12) residents of the district, who shall render a verdict by the concurrence of not less than nine (9) votes.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XI - TRIAL › Rule 113 - CHALLENGES; GENERAL OR INDIVIDUAL

The People or the defendant may challenge a whole group of jurors selected pursuant to these rules, or any individual juror. The challenge to the whole panel shall be known as general challenge and the challenge to a juror, as individual challenge.