2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 240 - MENTAL COMPETENCY OF THE DEFENDANT; DETERMINATION

(a) Hearing; experts.— At any time after the indictment or complaint is filed and before judgment is rendered, if the court has evidence, in addition to the opinion of the legal representation of the defendant, establishing by a preponderance of evidence that the defendant is mentally incompetent, it shall detail in writing the grounds for said determination, order the stay of the proceedings and schedule a hearing to determine defendant’s mental competency. Once this hearing has been scheduled, the court shall designate one or several experts to examine the defendant and to determine his/her mental condition. Any other pertinent evidence presented by the parties shall be introduced at the hearing. In these cases, the legal representation of the defendant shall file with the court a motion informing its intention to request the stay of the proceedings on an insanity defense, which shall enclose expert evidence of the defendant’s mental incompetence, within not less than three (3) days before the date set for the hearing in question.
(b) Effects of the finding.— If as a result of the evidence the court determines that the defendant is mentally able, the trial must proceed. If the court determines the contrary, it may order that the defendant be committed to an adequate institution. If after defendant is so committed, the court has reasonable grounds for believing that the mental condition of the defendant allows for the trial to proceed, it shall summon for a new hearing which shall be held pursuant to the provisions of subsection (a) of this rule, and it shall then determine whether the trial must proceed.
(c) Sureties; deposit.— If the court orders that the defendant be committed to an institution, as provided in subsection (b) of this rule, his sureties shall be exonerated and if a deposit has been furnished in conformance with Rule 222, it shall be returned to the person establishing authority to receive it.
(d) Proceeding in the preliminary hearing.— If the magistrate before whom a preliminary hearing is to be held has evidence, in addition to the opinion of the legal representation of the defendant, asserting by a preponderance of evidence that the defendant is mentally incompetent, he/she shall state in writing the grounds for said determination, suspend said hearing, and draft a brief memorandum to such effect, which he/she shall forthwith send together with other documents of the record to the clerk of the corresponding part of the Court of First Instance wherein a hearing shall be held pursuant to the provisions of subsection (a) of this rule. In these cases, the legal representation of the defendant shall file with the court a motion informing its intention to request the stay of the proceedings on an insanity defense, which shall enclose expert evidence of the defendant’s mental incompetence, within not less than three (3) days before the date set for the preliminary hearing. If the court determines that the defendant is mentally competent, it shall remand the record to the judge or court of origin, with its decision, and the proceedings of the preliminary hearing shall resume until its termination. If the court determines otherwise, it shall proceed pursuant to the provisions of subsection (b) of this rule, only with respect to the preliminary hearing.
History Dec. 27, 2011, No. 281, —Dec. 27, 2011, No. 281, § 7.