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 227 - BAIL; PROCEEDING FOR ITS FORFEITURE; FAILURE TO COMPLY WITH CONDITIONS; DETENTION

(a) Bail; forfeiture.— If the defendant fails to comply with any of the conditions of the bail, the court taking cognizance of the offense shall order the sureties or the depositor to show cause why the bail or deposit should not be forfeited. The order shall be served personally or sent by registered mail to the known address of the surety or their representatives, agents or attorneys in fact or the depositor. In cases that the surety has a representative, agent or attorney in fact, due service of notice to the latter shall have the same effect as a notice to the surety.
If the sureties or depositor satisfactorily explain the noncompliance on which the order is based, the court may vacate it under the conditions it deems proper.
If there is no satisfactory explanation intervening for such noncompliance, the court shall proceed to enter a summary judgment against the sureties or the depositor, forfeiting the amount of bail or deposit, but it shall not become final and enforceable until forty (40) days after notice thereof. If the surety should take the defendant to the presence of the court within that period, it will set aside said judgment.
Once the previously prescribed period has elapsed, and in the absence of the death, physical or mental illness of the bailee occurring before the date the judgment was entered ordering forfeiture of bail, the surety will answer for the failure to appear by the defendant with its bail.
Once a judgment directing the forfeiture of bail or deposit becomes final and enforceable, the clerk of the court, without further orders, shall immediately remit a certified copy of said judgment to the Secretary of Justice so that he may proceed with its execution pursuant to Rule 51 of the Rules of Civil Procedure for the General Court of Justice, App. III of Title 32, and shall likewise send the deposit in his possession to the Secretary of the Treasury.
Provided, That the court may vacate the judgment of forfeiture at its discretion, at any time prior its execution provided the following circumstances prevail:
(1) That the sureties may have presented the defendant before the court.
(2) That the court verifies to its satisfaction the above fact.
Application to vacate the judgment shall be made through a motion which shall be filed within a reasonable time, but in no case after six (6) months from the time the judgment or order was entered have elapsed. A motion to such ends shall not affect the purpose of a judgment nor shall it stop its effects.
(b) Noncompliance of conditions; detention.— If in lieu of bail or in addition thereto the magistrate has established any condition to remain free on bail and said condition is not complied with, it shall be an offense under §§ 2001 et seq of Title 33. The court with competence to try the case shall proceed to order the arrest of the defendant. The court may render ineffective a condition imposed and in lieu thereof may require furnishing of bail, forfeiture of bail or the deposit furnished pursuant to the provisions of this rule may require that the total amount of the bond be furnished or increase the amount thereof.
History —June 18, 1965, No. 52, p. 95, § 1; May 26, 1967, No. 67, p. 260, § 1; June 5, 1986, No. 39, p. 103, § 6; July 1, 1988, No. 55, p. 260, § 1, eff. 90 days after July 1, 1988.