reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.2 - Confidentiality of record

(a) The court record shall be confidential, with the sole exception regarding the provisions of Rule 4.5 of this appendix. It may be examined only by the Prosecutor, the attorney of record for the minor or the officers of the court at the place and time designated therefor.
(b) All information supplied by private persons demanding such guaranty shall be kept confidential. If the court deems necessary, it will order the Prosecutor and the defense to abstain from divulging said information to the minor, his parents or guardians inasmuch as it may be prejudicial to them, under pain of being held in contempt of court, and other disciplinary measures.
(c) The court, exercising its parens patriae powers shall also adopt cautionary measures to prevent that information potentially prejudicial to the physical and mental welfare of the minor be divulged to him, his parents, guardians or court-appointed defender.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.3 - Information on records

The records shall not be subject to public inspection, except when the court so grants to officers of the General Court of Justice in official activity, or to persons of high professional or scientific reputation who demonstrate in writing the need for or interest in obtaining information for official work, research or study. The judge shall always establish the conditions under which this information may be offered.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.4 - Prosecutor and Police records; confidentiality

The records of the Prosecutor and Police regarding minors shall be confidential. Said records shall be kept in files separate from the records of adults.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.5 - Removal of records between Parts

(a) The record of a minor who has been unduly prosecuted as an adult shall be removed to the Prosecutor for ulterior proceedings.
(b) Any case related to a minor shall be removed from a Minors’ Part to another if the welfare of the minor so indicates or if the minor changes his residence. The removal order shall be recorded in writing and sent to the other part together with the record. The judge of the part where the case is removed to shall, without any delay, continue its proceedings to its conclusion.
(c) If a minor on parole changes residence the court may order the removal of the record for the Minors’ Part with venue thereupon to continue the supervision of the minor.
The resolution ordering the removal shall include any additional measures deemed necessary.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.6 - Final disposal of record

Documents related to minors’ cases, where no probable cause has been determined, where no offense has been perpetrated, or where complaints have been dismissed shall be destroyed, after recording pertinent data for statistical purposes only.
Once the jurisdiction of the court has ceased, the records of minors found perpetrating offenses shall be sealed and dealt with pursuant to the Rules for the Administration of the Program for Preservation and Disposal of Documents of the Judiciary.
When deviation has been granted and the court has ordered the docketing of the complaint or complaints because the stipulations may be deemed complied with, the documents concerning said deviation and services rendered shall be kept in the court record of the minor in order that they may be considered as part of the social record of said minor.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.1 - Stenographic transcript or recording

The proceedings before the court shall be taken either by shorthand or tape recording. No other recordings of the proceedings shall be allowed, except by the attorney of the minor and the Prosecutor for the sole purpose of adequate preparation of their case.
Shorthand notes and/or recording of proceedings shall remain under custody of the clerk who will not allow their examination without prior authorization of the court.
The transcription of shorthand notes or recordings may be done only when ordered by the appellate court.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.2 - Register of complaints

The clerks of each part of the court shall keep a Register of Complaints log where they shall enter all complaints and proceedings concerning minors. The Courts Administrative Director shall establish form and style of said register. Each complaint shall be numbered in the corresponding consecutive order of filing. The documents filed, the court orders, services, appearances, and resolutions shall be entered chronologically.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 11 - STENOGRAPHIC TRANSCRIPT OR RECORDING; REGISTER OF DOCUMENTS AND MINUTES › Rule 11.3 - Minutes

The clerk of the court shall keep a minutes book where he shall enter a brief summary of the proceedings in each case, taking note of their date, number of the complaint, the name of the minor and the determinations of the judge. This book shall be strictly confidential and shall remain always under the clerk’s custody.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.1 - Summons; persons who can issue it

Any summons for a hearing shall be issued by the clerk of the court or by the judge on behalf of the People of Puerto Rico and shall require that any person to whom it is addressed shall appear before the court on the date, hour and place specified in the summons, under admonition of contempt of court. The judge may summon any person in open court.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.2 - Summons

Summons requiring appearance of witnesses for hearings on complaints shall be given to marshalls or officers of the court for service thereof.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.3 - Service

Summons shall be served at least with reasonable time in advance of the date of the appearance in court.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.4 - Procedure and proof thereof

The person in charge of service of summons shall deliver a copy thereof to the person to whom it is addressed, shall record in the summons his signature, date and place of service. Minors and his parents or any other persons in charge of minors shall be served personally.
If the person to whom the summons is addressed could not be located, the summons may be served at his domicile or residence, on any person of sufficient age and discretion residing there with instructions of making it reach the person to whom it is addressed.
The server of the summons shall file with the clerk of the court the certification of service no later than the day prior to the hearing.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.5 - Other forms; by mail and telephone

When the minor does not reside with his parents, the latter may be summoned by registered mail with receipt acknowledged if their address is known.
Judges and clerks may order summons by telephone.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.6 - Noncompliance; effects

If the summoned person does not appear in court without just cause, or fails to present the minor before court, said person may be held in contempt of court. The court may issue an order for the arrest thereagainst and for the detention of the minor.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 12 - SUMMONS AND NOTICES FOR HEARINGS › Rule 12.7 - Notice of resolutions and orders

Every resolution entered or order issued shall be notified to the affected party or the attorney of record thereof, if there is one. Service of notice shall be done by delivering a copy thereof to the party of the attorney or mailing it to his last known address. Notice may also be served at the usual residence or domicile of the person to whom it is addressed, in the hands of a person of sufficient age and discretion who resides there, with instructions to deliver it to the person to whom it is addressed.
When a resolution or order is addressed to a minor, notice shall be served delivering it to the minor and his parents, guardians, attorney or court-appointed defender. If they refuse to receive it, it shall be recorded in the service and the notice shall be deemed validly served. It shall also be served on the head of the public or private body where the minor has been placed by the judge, the director of the institution where the minor resides or any other party interested in the welfare of the minor when so ordered by the judge.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.1 - Search warrant; requirements; form and contents

No search or inspection warrant shall be issued against a minor, unless it is pursuant to a sworn statement given before a judge under oath or attesting thereto, which establishes the facts that served as grounds to issue it. If, from the sworn statement and the examination of the deponent, the judge is convinced that there is probable cause for the search or inspection, he shall issue the warrant in which he shall name or describe, in detail, the person or the place to be searched and the things or property that shall be seized. The warrant shall state the grounds for the issuing thereof and the name of the persons on whose sworn statement it is grounded, he shall direct the official to whom it is addressed to immediately search the person or place indicated therein, to seize the property specified, and return the served order to the judge, together with the property seized. The warrant shall be executed during the daytime hours, unless the judge, due to reasons of necessity and urgency, provides that the same be executed at any time of the day or night.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.2 - Serving of search warrant

The search or inspection warrant shall be carried out and returned served within ten (10) days following the date it is issued. The official shall give the person whose property is seized or who is in possession thereof, a copy of the warrant and a receipt for the property seized or shall leave said copy and receipt in the place where he seized the property. The serving shall include a written inventory of the property seized made in the presence of the person who requested the warrant, and of the person at whose house or place the property was seized, if said persons were present; if any one of these persons were not present it shall be done in the presence of a trustworthy person. The inventory shall be sworn by the person serving it. By petition of the person who requested the search or inspection, or of the person whose property was seized, the judge shall hand them a copy of the inventory.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.3 - Revision of a served search warrant

The judge to whom a served search or inspection warrant has been returned shall attach to the order a copy of the service, the inventory of the property seized, the sworn statements and any other documents related to the warrant and the property seized. The judge shall remit all of this to the Prosecutor.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.4 - Limitations

Every action charging an offense shall be initiated within the times established by the corresponding statute establishing limitation for the alleged perpetration.
Every procedure where a minor is charged with an offense should be initiated within the term of statute of limitations established by §§ 3000 et seq. of Title 33 and special statutes which typify the alleged behavior.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.5 - Terms; computation

Every term prescribed or granted by those rules or by order of the Court shall be governed by Rule 68.1 of Civil Procedure, App. III of Title 32. Terms may be shortened or extended for just cause.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.6 - Right to counsel

In every procedure, the minor shall have the right to be represented by counsel and, if lacking economic means therefor, the court shall appoint one for him.
In every procedure pursuant to these rules, the minor must appear with his parents, guardians, or his court-appointed defender.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.7 - Notice to the minor

In every occasion when these rules require serving notices on the minor, said service may be done through his attorney.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.8 - Waiver of constitutional rights

Waiver of constitutional rights by the minor shall not be admissible unless his parents, or guardians, or court-appointed defender and his attorney are present. Said waiver by the minor shall be openly expressed and the judge must ascertain that it is done freely, knowingly, and that the minor and his parents are aware of the consequences of such waiver. Nevertheless, the presence of the attorney shall not be required for the waiver of the right to legal representation.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.9 - Public at the hearings and interviews with social worker and other expert witnesses

The public shall not be admitted to the courtrooms where minors’ proceedings are being conducted, unless the parents, guardians, or the court-appointed representative consent in the publicity thereof, and, in any case, pursuant to the governing rulings of the court. The court shall allow admission to the courtroom to persons who prove to have a ligitimate interest in the matters being processed.
Neither the Prosecutor nor the attorney representing the minor may be present during the interviews of the latter, his relatives or guardians with the social worker or with any other professionals in the area of human or medical behavior.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.10 - Judges

The judges of the Court of First Instance and the municipal judges shall be empowered to issue warrants of arrest against a minor, as well as to order his provisional detention, or that he remains in the custody of his parents or guardians pursuant to the provisions of Rule 2.9 of this appendix and to determine probable cause and to intervene in the procedures provided by Rules 2.10, 2.11, 2.13, 2.14, 2.15, 6.6 and 13.1 of this appendix. They may also intervene in the procedures of the initial ex parte interview and an initial summary hearing on the revoking of the dispositive measure provided in Rule 8.13 of this appendix.
History —June 19, 1987, No. 33, p. 105, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.11 - Contempt of court

The courts, in the discharge of their functions pursuant to these rules and §§ 2201 et seq. of this title, shall enforce their rulings, resolutions and orders by means of their power of holding in contempt of court and penalizing therefor.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.12 - Proceedings not covered by these rules

In all cases where there is no specific procedure provided for, the court shall regulate the proceedings in a form compatible with these rules and §§ 2201 et seq. of this title.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › I-A - Rules of Procedure for Minors’ Matters (§ 10.5) › Chapter 13 - GENERAL PROVISIONS › Rule 13.13 - Effectiveness

These rules shall take effect once all the required steps provided by § 6 of Art. V of the Commonwealth of Puerto Rico Constitution, preceding Title 1, are fulfilled.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION › Rule 1 - TITLE AND CONSTRUCTION

These rules shall be known and cited as “Rules of Criminal Procedure.” They shall be construed to secure the just determination of every proceeding and the elimination of unjustifiable delay and expense.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter I - TITLE EFFECTIVENESS AND CONSTRUCTION › Rule 2 - APPLICATION AND EFFECTIVENESS

The rules shall govern the procedure in the General Court of Justice of the Commonwealth of Puerto Rico in all proceedings of a criminal nature brought on or after the date in which they shall become effective, and in all proceedings then pending as long as their application is feasible and will not impair the substantial rights of the accused.
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 3 - MAGISTRATES

A magistrate is an officer having power to issue a warrant of arrest against a person charged with an offense. Magistrates are: the justices of the Supreme Court, the judges of the Court of First Instance, the judges of the District Court and the justices of the peace.
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 4 - ARREST; DEFINITION; HOW IT SHALL BE DONE AND BY WHOM; VISIT OF COUNSEL

An arrest is the taking of a person into custody in the cases and in the manner authorized by law. It may be made by a peace officer or by a private person. An arrest shall be made by an actual restraint of the person of the defendant or by his submission to the custody of an officer. The defendant shall not be subjected to more restraint than is necessary for his arrest and detention, and he shall have the right to communicate with or to be visited by counsel or his closest relative.
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 5 - THE COMPLAINT

The complaint is a signed and sworn written statement of an offense charging a person or several persons with the commission of an offense. Any person having personal knowledge of the facts that constitute the offense charged in the complaint shall have standing to be the complainant. The prosecutors and members of the State Police in all cases, and other officers and public employees in cases related to the performance of their duties and functions, may nevertheless sign and swear to complaints when the facts constituting the offense are known to them by information and belief.
Likewise, the prosecutor may file a John Doe complaint against a person whose real name or identity is unknown, but there is biological evidence of his/her genetic or deoxyribonucleic acid (DNA) profile. The complaint shall be the basis to determine probable cause to arrest or summon a person who has been identified by means of a fictitious name and genetic or deoxyribonucleic acid (DNA) profile. Such complaint shall be amended as soon as the identity of the defendant has been established by means of the genetic or deoxyribonucleic acid (DNA) profile and shall constitute the formal indictment until a preliminary or appeal hearing is held. In these cases, the statute of limitations of the crime, as established in the Penal Code of Puerto Rico, shall not begin to run until such identity is established, the complaint has been amended to reflect the defendant’s real name or alias, and probable cause for arrest or summon has been determined.
The foregoing shall only apply in cases where biological evidence of the genetic or deoxyribonucleic acid (DNA) profile has been obtained at the crime scene.
History —June 19, 1987, No. 29, p. 91, § 1, eff. 60 days after June 19, 1987; Dec. 30, 2010, No. 252, § 1.
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 7 - SUMMONS BY A MAGISTRATE OR PUBLIC OFFICER

(a) Summons.— A summons may be issued instead of a warrant if the magistrate taking the complaint or who has examined a witness who has personal knowledge of the facts has good reason to believe that the person will appear in response thereto, or if the defendant is a corporation. More than one summons may be issued for a single offense charged. In those cases in which a public officer may arrest a person without a warrant from a magistrate, said officer may, if the offense is a misdemeanor, summon the defendant in writing and under his signature to appear before a magistrate instead of arresting him. The summons shall inform the defendant that if he fails to appear a warrant of arrest will be issued against him.
Any magistrate may issue a summons against a person charged with the commission of an offense even when the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In said case, after issuing the corresponding summons and complying with the preliminary procedures established by these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.
(b) Procedure if the defendant fails to appear after summons.— If a person who has been duly summoned fails to appear, or if there is reasonable cause to believe that he will fail to appear, a warrant to arrest him shall issue. If the defendant is a corporation and it fails to appear after having been duly summoned, this fact shall be set forth in the record and the proceeding may continue as though the corporation had appeared.
(c) Form and requirements of the summons.— Except as provided in subsection (a) of this rule, the summons shall be issued in writing in the name of the People of Puerto Rico and shall be signed by a magistrate. It shall require the defendant mentioned therein to appear before the magistrate who took notice of the complaint, stating the date, time, and place and shall inform the defendant that if he fails to appear as required a warrant shall issue for his arrest. If the defendant is a corporation it shall be given notice that if it fails to appear, proceedings shall continue pursuant to the provisions of subsection (b) of this rule.
History —June 19, 1987, No. 29, p. 91, § 3, 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 II - PRELIMINARY PROCEEDINGS › Rule 8 - ARREST WARRANT OR SUMMONS: EXECUTION OR SERVICE

(a) Persons authorized.— The arrest warrant or summons may be executed or served by the Marshall of any section or part of the General Court of Justice or by any law enforcement officer or any other official authorized by law.
(b) Territorial limits.— The warrant or summons may be executed or served anywhere within the jurisdiction of the Commonwealth of Puerto Rico or outside of the Commonwealth of Puerto Rico when the treaties or agreements ratified by the United States of America so allow.
(c) Manner.— The warrant of arrest shall be executed by the arrest of the defendant or defendants. The officer need not have the warrant in his possession at the time of the arrest. If he has it, he shall show it to the defendant at the time of the arrest; if he does not have it, he shall inform the defendant of the offense charged and of the fact that a warrant for his arrest has been issued. Upon request he shall show the warrant to the defendant as soon as possible.
The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode, or by mailing it to the defendant’s last known address with acknowledgment of receipt. If the defendant is a corporation, service of the summons shall be made personally on one of its directors or officers or a resident agent, or by mailing it with acknowledgment of receipt.
(d) Return.— The officer executing a warrant of arrest shall make a return thereof to the magistrate before whom the defendant is brought, as provided by Rule 22.
The officer serving a summons shall make a return thereof and of the manner in which it was served by means of certification to that effect. In the cases where the summons were served by mail, the receipt thereof shall also be included.
History —Sept. 15, 2004, No. 317, § 2.
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 9 - DEFECTIVE WARRANT OF ARREST OR SUMMONS

(a) Effects; amendments.— No person arrested under a warrant or appearing before a magistrate in response to a summons shall be discharged from custody or dismissed because of any informality in the warrant or summons. The magistrate may correct such informality by amendment.
(b) Filing of a new complaint or issuance of a new warrant or summons.— If when a defendant arrested under a warrant or appearing in response to a summons is brought before the magistrate, it appears that the complaint or the warrant or the summons does not properly name or describe the defendant or the offense with which he is charged, but there are reasonable grounds to believe that the defendant has committed the offense or some other offense, the magistrate shall not discharge or dismiss the defendant, but shall forthwith cause a new complaint to be filed and shall thereupon issue a new warrant or summons as may be appropriate.
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 10 - ARREST; WHEN IT CAN BE DONE

The arrest warrant may be served at any time of the day or night, except in the case of a misdemeanor or felonies in the fourth degree in which case the arrest may not be made at night unless the magistrate who issued the warrant so authorizes in the warrant proper.
History —June 19, 1987, No. 29, p. 91, § 4; Sept. 15, 2004, No. 317, § 3.
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 11 - ARREST BY PEACE OFFICER

A peace officer may arrest a defendant without the corresponding warrant:
(a) When he/she has reasonable grounds to believe that the person about to be arrested has committed the offense in his/her presence. In this case, the arrest shall be made immediately or within a reasonable time after the commission of the offense. Otherwise, the officer shall request that a warrant of arrest be issued.
(b) When the defendant has committed a felony, although not in the officer’s presence.
(c) When he/she has reasonable cause for believing that the person about to be arrested has committed a felony, regardless of whether or not said offense was in fact committed.
For the purposes of these rules, a peace officer shall be the person in charge of protecting life and property and maintaining public order and safety. This includes, but is not limited to any member of the Puerto Rico Police Department and the Municipal Police, agents of the Special Investigations Bureau of the Department of Justice, and Court Marshals.
Any public, state or federal employee with the express authority of law to make arrests as part of performing his/her special duties and responsibilities shall also be considered a peace officer in a limited capacity.
History —Apr. 16, 2010, No. 43, § 1.
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 12 - ARREST BY PRIVATE PERSON

A private person may arrest another:
(a) For an offense committed or attempted in his presence. In this case the arrest shall be made immediately.
(b) When a felony has been in fact committed, and he has reasonable cause for believing that the person arrested committed it.
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 13 - ARREST; INFORMATION TO PERSON ARRESTED

The person making an arrest shall inform the defendant of the intention to arrest him, of the cause for the arrest and of the authority to make it, except when the person making the arrest has reasonable cause for believing that the defendant is committing or attempting to commit an offense, or when the defendant is pursued immediately after the commission of the offense or after an escape, or when the defendant resists before the officer is able to inform him, or when there is a danger that if the information is given, the arrest may not be made.
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 14 - ARREST; ORAL ORDER

A magistrate may orally order a peace officer or a private person to arrest anyone committing or attempting to commit an offense in the presence of such magistrate.
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 16 - ARREST; LAWFUL MEANS TO MAKE IT

When the arrest is made by an officer under the authority of a warrant, or without a warrant, for a felony committed in his presence, if after informing the person to be arrested of the intention to make the arrest, said person flees or forcibly resists, the officer may use all the means necessary to effect the arrest.
To make an arrest under any other circumstances, any officer or private person may use all necessary means, except that he shall not inflict grave bodily injury.
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 17 - ARREST; RIGHT TO FORCIBLE ENTRANCE

To make an arrest, a private person if the offense is a felony, and a public officer in all cases, may break open any door or window of the house in which the person to be arrested is, or in which they have reasonable ground for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.
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 18 - ARREST; FORCE WHEN DETAINED

Any person who has lawfully entered a house for the purpose of making an arrest therein, may break open any door or window if he has been detained therein, when necessary for the purpose of liberating himself, and a peace officer may do the same to free a person who has lawfully entered a building with the purpose of making an arrest and has been detained therein.
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 19 - ARREST; DISARMING PERSON ARRESTED; DISPOSAL OF WEAPONS

Any person making an arrest may take from the person arrested all the weapons which he may have about his person, and must deliver them to the magistrate before whom the defendant is taken. In the case where the arrest is made by a private person who delivers the person arrested to a peace officer as provided by Rule 22(a), said person shall deliver to the officer the weapons he may have seized, and the latter shall deliver them to the magistrate before whom the defendant is taken.
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 20 - ARREST; TRANSMISSION OF WARRANTS

By means of a handwritten endorsement on an arrest warrant, any magistrate may authorize the transmission of said warrant by telephone, teletype, radio-telephone, facsimile or any other electronic means of communication, and as of that moment, a copy of the arrest warrant shall have to be remitted to every law enforcement officer to whom said warrant was transmitted. Said copies shall be fully valid, and the officers that receive them shall proceed with them in the same way as if they had an original arrest warrant.
The magistrate who issues copies of an arrest warrant for the transmittal thereof, shall certify to its exactness with the original, and shall send a copy of the arrest warrant and the endorsement placed thereon to the office from which said copies are to be transmitted, stating on the original the action taken by him/her.
History —Jan. 10, 1999, No. 31, § 1.
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 21 - ARREST AFTER ESCAPE

If an individual under arrest or under custody escapes or is rescued, the person in charge of his custody shall pursue him diligently and take him at any time and in any place, and to do so he may use the same means authorized to make an arrest.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 25 - DISTRICT; DEFINITION

The word “district” as used in Rules 25 to 33 shall mean one of the territorial units into which Puerto Rico is divided for judicial purposes and it shall include the units corresponding to the parts of the District Court and to the parts of the Court of First Instance.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 26 - OFFENSES TRIABLE IN PUERTO RICO

Any person who commits or attempts to commit an offense within the territorial extension subject to the jurisdiction of the Commonwealth of Puerto Rico shall be prosecuted in Puerto Rico.
Any person who commits or attempts to commit an offense outside of the territorial extension of the Commonwealth of Puerto Rico, under the circumstances established in § 4635 of Title 33 shall also be prosecuted in Puerto Rico.
History —Sept. 15, 2004, No. 317, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 27 - VENUE; IN GENERAL

In all criminal proceedings the trial shall be held in the part corresponding to the district where the offense was committed, except as otherwise provided in these rules. The offenses committed outside the territorial extension of the Commonwealth of Puerto Rico shall be prosecuted in the district of San Juan.
History —Sept. 15, 2004, No. 317, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 28 - VENUE; ACCOMPLICES IN DIFFERENT DISTRICTS

When a person in a district aids, induces or procures the commission of an offense in another district, he may be prosecuted for said offense in any of the two districts.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 29 - VENUE; ACTS COMMITTED IN MORE THAN ONE DISTRICT

When several acts are necessary to commit an offense, the trial may be held in any of the districts where any of the said acts was committed.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 30 - VENUE; OFFENSES COMMITTED IN A DISTRICT BY A PERSON FROM ANOTHER DISTRICT

When a person in a district commits an offense in another district, the trial may be held in either of the two (2) districts.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 31 - VENUE; OFFENSES COMMITTED WHILE IN TRANSIT

When an offense is committed in any public or private vehicle while in the course of its trip, and the place where the offense was committed cannot be ascertained, the prosecution may be had in any district through which the vehicle went during said trip.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 32 - VENUE; OFFENSES IN OR AGAINST AIRCRAFT

A person who commits an offense in or against any aircraft while it is flying over the territory of Puerto Rico, may be prosecuted in the Commonwealth courts and in any district.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter III - VENUE › Rule 33 - VENUE; PROPERTY TAKEN FROM ONE DISTRICT TO ANOTHER

When a person acquires goods through the commission of an offense in a district and transports said goods to another district, he may be prosecuted in either of the two (2) districts.
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 34 - DEFINITIONS

(a) The information.— The information is an allegation in writing made to the Court of First Instance by the prosecuting attorney charging a person with a public offense. The first allegation on the part of The People in a prosecution filed in the Court of First Instance shall be the information. The information shall be signed and sworn to by the prosecuting attorney and shall be filed with the clerk of the corresponding Court of First Instance.
In all cases, the oath shall be sufficient if it sets forth that the information is based on probable cause determined pursuant to the provisions of these rules, or pursuant to the provisions of Rule 2.10 of Procedure in Minors’ Matters App. I-A of this title, in cases of waiver of court jurisdiction over a minor.
(b) The complaint.— The first allegation in a prosecution brought in the District Court shall be the complaint, as defined in Rule 5, and in the manner provided for in Rule 24(a).
History —May 27, 1980, No. 67, p. 164; June 19, 1987, No. 29, p. 91 § 8; Aug. 22, 1990, No. 55, p. 220, § 2, 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 IV - THE INFORMATION AND THE COMPLAINT › Rule 36 - DEFECTS OF FORM

An information or complaint shall not be insufficient, now shall the trial, judgment or any other prosecution based on the said information or complaint be affected by reason of any defect, imperfection or omission of form which does not tend to prejudice the substantial rights of 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 37 - JOINDER OF OFFENSES AND OF DEFENDANTS

(a) Joinder of offenses.— Two or more offenses may be charged in the same information or complaint in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Allegations made in one count may be incorporated by reference in another count.
(b) Joinder of defendants.— Two or more defendants may be charged in the same information or complaint if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting the offense or offenses charged. Such defendants may be charged in one or more counts together or separately and all the defendants need not be charged in each count.
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 38 - AMENDMENTS TO THE INDICTMENT, COMPLAINT OR BILL OF PARTICULARS

(a) Removal of defects of form.— If the indictment, complaint, or bill of particulars has any defect, error, or omission of form as mentioned in Rule 36, the court may allow the amendments needed to cure it. If no amendments are made, once the verdict of the jury is returned or the judgment entered, said defect, error, or omission shall be deemed cured.
(b) Removal of defect of substance.— If the indictment or complaint has a substantial defect or omission, the court wherein the proceeding was originated may allow the necessary amendments to cure said defect or omission at any time before the conviction or the acquittal of the defendant. If the defect is in the indictment, the defendant shall have a right to a new arraignment. If the defect is in the complaint, the defendant shall be entitled to have the trial held five (5) days after the amendment is made.
(c) Addition of counts or of defendants.— Before the start of the trial, the District Court may allow amendments to be made to the complaint to add new counts or new defendants against whom the preliminary proceedings provided in Rules 6, 7, and 22 have been held. In such cases, the defendants shall be entitled to have the trial held five (5) days after the amendment is made.
(d) Variance between pleadings and the evidence.— The court may allow amendments to be made to the indictment, complaint, or bill of particulars at any time before the conviction or acquittal of the defendant, in case there is a variance between these pleadings and the evidence. Variance between the pleadings and the evidence shall not constitute grounds for the acquittal of the defendant; however, the court shall, provided that the defendant does not oppose it, postpone the trial if the substantial rights of the defendant have been impaired, to hold it before another jury or before the same court if the trial is not by jury, and as determined by the court.
If the nature of the discrepancy or variance is such that the evidence establishes an offense that is different from the one charged against the defendant and not included therein, or if it establishes an offense beyond the jurisdiction of the court, the jury shall be discharged and the case shall be dismissed.
(e) Identification by fictitious name and by means of DNA profiling.— The court shall allow amendments to an indictment issued with a fictitious name in order to identify a person who has been previously identified by means of DNA profiling and a fictitious name by his/her true name or alias, as provided in Rule 5.
History —amended Dec. 30, 2010, No. 252, § 3.
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 39 - FAILURE TO ALLEGE THE DATE

The information or complaint shall be sufficient even though the date or the time in which the offense is alleged to have been committed is not stated, unless an allegation to that effect is necessary to charge the commission of an offense.
An allegation in an information or complaint to the effect that the defendant committed the offense shall be considered as an allegation that the offense was committed after the law created it, before the filing of the information and within the term prescribed by law.
All the allegations in an information, complaint or bill of particulars shall be construed in the sense that they refer to the same date or time, unless something to the contrary is stated.
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 40 - FAILURE TO ALLEGE THE PLACE

The information or the complaint shall be sufficient even though they do not state the exact place where it is alleged that the offense was committed, the allegation that it was committed in a place within the jurisdiction of the court being sufficient, unless an allegation of the specific place is necessary to charge the commission of the offense.
All the allegations in the information, complaint or bill of particulars shall be construed in the sense that they refer to the same place, unless something to the contrary is stated.