2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter II - PRELIMINARY PROCEEDINGS › Rule 23 - PRELIMINARY HEARING

(a) When it shall be held.— A preliminary hearing shall be held in all cases in which a person is charged with the commission of a felony. In those cases he shall be summoned for that hearing at least five (5) days before it is held. In the cases in which it appears according to Rule 22(c) of this appendix that the person cannot obtain assistance of counsel, the corresponding magistrate shall assign counsel to defend him, and his name shall be set forth in the summons for the preliminary hearing. The magistrate shall communicate said appointment to counsel.
(b) Waiver.— After a person has been summoned, he may waive his right to a preliminary hearing by a written statement signed by him and submitted to the magistrate before the commencement of the hearing or personally at any moment during the celebration thereof. If the person waives [a] preliminary hearing or does not appear thereat after having been duly summoned, the magistrate shall forthwith hold him to answer for the commission of an offense before the appropriate part of the Court of First Instance.
(c) Procedure during the hearing.— The hearing shall begin with the presentation of evidence by the Prosecuting Attorney. The latter shall make available to the defendant the sworn statements of any witnesses who have testified at the hearing. The defendant may cross-examine witnesses and introduce evidence on his/her own behalf. When determining probable cause, the court shall consider if the evidence introduced by the Prosecuting Attorney is admissible in court based on the elements of the offense and the connection of the defendant with the offense. In no case shall it be obligatory to submit forensic expert reports. Notwithstanding the foregoing, if said reports, certificates, or sworn statements of forensic experts or law enforcement officers were to be submitted, the testimony of forensic experts or law enforcement officers shall not be required at the hearing, and this shall not preclude the defendant from confronting them during the trial, in the event of a finding of probable cause. If, in the opinion of the magistrate, the evidence shows that there is a probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith order that the defendant be detained to be prosecuted for the commission of the offense in the appropriate Part and Division of the Court of First Instance; otherwise, it shall be determined that there is no probable cause and the defendant shall be released. The magistrate may order the defendant to continue to be released on bail or deferred bail, personal recognizance, in custody of a third party, or on a condition or combination of conditions that were imposed by a magistrate when the arrest was made, or may modify them or make a determination in accordance with Rule 218(c) to order the release of the defendant on bail, deferred bail, personal recognizance, in custody of a third party or on a condition or combination of conditions, if not previously ordered and if, in the opinion of the magistrate, it is so warranted. Notwithstanding the foregoing, the magistrate shall not modify the bail set or the determination of release on deferred bail, personal recognizance, in custody of a third party, or a condition or combination of conditions imposed by a magistrate of a higher rank, unless in the preliminary hearing probable cause is found for a lesser offense than the offense with which the defendant was originally charged. After the proceeding before him/her concludes, the magistrate shall forthwith deliver to the clerk of the appropriate Part and Division of the Court of First Instance the file related to the proceeding, including any bail posted. The file shall include the time and place of the preliminary hearing, the persons appearing, and the magistrate’s finding.
Preliminary hearings shall be held publicly, unless the magistrate determines, upon the defendant’s request, that a public hearing involves a substantial probability of impairing his/her constitutional right to a fair and impartial trial, and there are no other less encompassing and reasonable options available than to hold a private hearing, in order to dissipate such probability. In such cases, the decision of the magistrate shall be based on precise and detailed grounds.
Access to a preliminary hearing shall also be limited when the magistrate determines, upon a request to such effects, that such limitation is needed to protect any other pressing interest and there are no other less encompassing and reasonable options. The decision of the magistrate shall be based on precise and detailed grounds.
It is hereby provided that the magistrate shall limit access to a preliminary hearing, upon the prosecution’s request, in those cases in which he/she wishes to present the testimony of an undercover agent or an informant who is still rendering such services or when the victim of a case of rape, or lascivious or indecent acts is testifying.
History —Jan. 24, 1967; June 5, 1986, No. 39, p. 103, § 3; June 19, 1987, No. 29, p. 91, § 6; Dec. 8, 1990, No. 26, p. 1516, § 3; Aug. 12, 1995, No. 197, § 1; Dec. 24, 1995, No. 245, § 3, eff. 60 days after Dec. 24, 1995; Dec. 27, 2011, No. 281, § 3.