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 64 - GROUNDS FOR MOTION TO DISMISS

The motion to dismiss the indictment or complaint or any count thereof shall only be based on one or more of the following grounds:
(a) That the information or complaint does not charge an offense.
(b) That the court lacks jurisdiction to take cognizance of the offense charged.
(c) That the information or complaint has not been duly signed or verified.
(d) That the court has ordered the presentation of a bill of particulars and the particulars have not been furnished.
(e) That the defendant has been convicted or placed in jeopardy or has been acquitted of the offense charged. If the motion to dismiss is based on this ground, it shall state the name under which the defendant was convicted or placed in jeopardy or acquitted, and the date, court and place of conviction, former jeopardy or former acquittal. The motion to dismiss may be filed by any defendant who shall have been acquitted on the merits of the case, notwithstanding any defect in the information or complaint.
(f) That the case or any essential controversy thereof, is res judicata. If the motion to dismiss is based on this ground, it shall state the name of the court, the title of the case and the date and place of the previous judgment.
(g) That the defendant has been pardoned of the offense charged. If the motion to dismiss is based on this ground, the same shall state the name under which the defendant was pardoned, the name of the Governor who pardoned him and the date of the pardon.
(h) That the defendant has been granted immunity by law against the prosecution for that offense. If the motion is based on this ground, it shall state the law and the facts on which the immunity is claimed.
(i) That the prosecuting attorney lacked authority to file the information.
(j) That one or more of the counts of the information or the complaint charge more than one offense.
(k) That there is a misjoinder of offenses.
(l) That there is a misjoinder of defendants.
(m) That the offense has prescribed.
(n) That one or several of the following circumstances exist, unless just cause is shown for the delay or unless the delay to set the case for trial is due to the defendant’s motion or consent:
(1) That the defendant was detained in jail for a total of thirty (30) days after his arrest without any information or complaint having been filed against him, or that he has been detained for a total of fifteen (15) days without an accusation or complaint being filed against him, if it is a case in which the magistrate authorized the filing of the same pursuant to the provisions of Rule 6(a).
(2) That no charges or complaint was filed against the defendant within sixty (60) days after his/her arrest or summons if released on bail, or within thirty (30) days if he/she is imprisoned, if it is a case where the magistrate authorized the filing thereof pursuant to the provisions of Rule 6(a).
(3) That the defendant was imprisoned for a total period of sixty (60) days prior to the date of the arraignment without being brought to trial.
(4) That the defendant was not brought to trial within one hundred twenty (120) days as of the arraignment.
(5) That the person was detained in jail for a total period of thirty (30) days after his arrest without holding the preliminary hearing in the cases in which it should be held.
(6) That a preliminary hearing was not held for the person within sixty (60) days after his arrest in the cases where it should be held.
(7) That a hearing on probable cause for arrest or summons was held 60 days after the determination of no cause.
(8) That a preliminary hearing on appeal was held 60 days after the determination of no cause in a preliminary hearing.
It is hereby provided that the court shall not dismiss an indictment or complaint under this subsection without first holding an evidentiary hearing. In the hearing, the parties may present evidence and the court shall consider the following aspects:
(1) Duration of the delay.
(2) Reasons for the delay.
(3) If the delay was caused by the defendant or expressly consented by him/her.
(4) If the Prosecuting Attorney showed that just cause existed for the delay, and
(5) Any prejudice that the delay may have caused.
Once the hearing is held, the magistrate shall issue a written statement of the grounds for his/her determination in order for the parties to have an effective and objective opportunity to evaluate the same and, if requested, the possibility to appeal or request reconsideration of said determination.
(o) That the defendant has not been served with a list of the names and addresses of the witnesses that The People intends to use at the trial.
(p) That the facts stated in the bill of particulars show that the offense charged in the information or complaint was not committed or that it was not committed by the defendant. The motion shall be dismissed if the prosecuting attorney furnishes another bill of particulars to overcome said objections.
(q) That an information or complaint, or any count therein, has been filed against defendant, without a magistrate having determined whether there was probable cause or his detention ordered to answer for the offense, according to law and right.
A motion to dismiss based on the provisions of this rule must be filed at least twenty (20) days prior to trial, except for a duly justified and grounded, except as provided in Rule 63.
History —Jan. 24, 1967; June 19, 1987, No. 29, p. 91, § 10; June 19, 1987, No. 31, p. 102, § 1; July 5, 1988, No. 65, p. 292, § 2; Sept. 15, 2004, No. 317, § 7; Dec. 27, 2011, No. 281, § 4.