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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 2 - PRELIMINARY PROCEEDINGS: APPREHENSION AND DETERMINATION OF PROBABLE CAUSE TO FILE A COMPLAINT › Rule 2.17 - Procedure in cases of minors referred from ordinary criminal procedure

In cases where, after the cause for arrest or probable cause hearing pursuant to Rule 23 of Criminal Procedure, App. II of this title, it is established that the accused is a minor, the magistrate shall order the transfer of the record to the Prosecutor for the filing of the corresponding complaint before the Court of First Instance for Minors’ Affairs and shall cancel any posted bail.
In cases where a minor who is already fourteen (14) years old is charged with murder and the magistrate established probable cause for a felony other than murder, the magistrate shall order the transfer of the record for this and any other felony arising from the same transaction to the Prosecutor, for the filing of the corresponding complaint before the Court of First Instance for Minors’ Affairs and shall cancel any bail posted.
In these cases holding the hearing provided by Rules 2.9 and 2.10 of this appendix shall not be necessary, because cause has been determined previously in the ordinary procedure as an adult.
When filing the complaint the Prosecutor shall request, if deemed necessary and pursuant to the applicable rules, a hearing to determine regarding the provisional detention, of the minor prior to the adjudicative hearing.
History —Added on Aug. 29, 1990, No. 73, p. 432, § 1, eff. 30 days after Aug. 29, 1990.
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 3 - THE COMPLAINT › Rule 3.1 - Contents

The complaint is the writ filed by the Prosecutor in court, that describes the fault the minor is charged with, upon prior determination of probable cause. It shall be signed, sworn and filed with the clerk of the Court of First Instance that has jurisdiction pursuant to the provisions of the Minors’ Act, §§ 2201 et seq. of this title.
The complaint shall contain the following information:
(a) Part of the court with jurisdiction thereupon.
(b) Docket number of complaint.
(c) First name and family names, age and place of birth of the concerned minor.
(d) Address of the minor—residential and mailing—and social security number thereof.
(e) Certification regarding the appearance of the minor and of his parents or guardians at the hearing for determination of probable cause, that the minor was represented by counsel or that the right to was waived, and that the remaining statutory warnings were issued thereto.
(f) Name, address—residential and mailing—and telephone number of each of the parents or guardians.
(g) Offense alleged and its classification.
(h) Relation of facts constituting alleged offense, date and place of their occurrence.
(i) Name and address of the complainant and of all the witnesses.
(j) Judge’s decision, name, signature and date.
(k) Prosecutor’s sworn statement.
If the determination of probable cause was done in absentia, pursuant to Rule 2.14 of this appendix, or any of the facts of subsections (c), (d), (e) and (f) of this rule is unknown they need not to be included.
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 3 - THE COMPLAINT › Rule 3.2 - Allegations; construction; sufficiency

(a) The complaint shall be drawn with plain, simple language and shall contain a succinct relation of the facts constituting the alleged offense attributed to the minor.
(b) The words used in the complaint shall be construed in their common meaning, with the exception of words and phrases defined in §§ 2201 et seq. of this title. No complaint shall be deemed insufficient due to the omission of any fact or of any material defect which would not harm the substantial rights 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 3 - THE COMPLAINT › Rule 3.3 - Joinder of offenses

Two (2) or more offenses may be joined in the same complaint, but stated separately, when the alleged were equal or similar in nature, or would be derived from the same action or transaction, or from two (2) or more interrelated actions or events, or constituting parts of a common plan. Allegations pertaining to one offense may be incorporated to the others by reference.
The court, after a timely and well-based request to this effect, shall have discretion to order separate hearings.
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 3 - THE COMPLAINT › Rule 3.4 - Allegation not stating date; effect

The complaint shall state the date when the offense was perpetrated. Omission of such date shall not invalidate the complaint, unless said date constituted an essential circumstance for the alleged offense, the jurisdiction of the court, or the defense of the minor. The minor may request from the court an order to specify said date.
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 4 - WAIVER OF JURISDICTION › Rule 4.1 - Discretional and Mandatory Petition

(a) When probable cause is determined in the interest of a minor between fourteen (14) and eighteen (18) years of age, for the perpetration of any Class II or III offense, the Prosecutor may file a founded motion requesting the waiver of the courts’ jurisdiction over the responded minor and the removal of the case to the regular jurisdiction in order that the proceedings of the case continue as if the perpetrator were an adult, whenever he deems that the proceedings pursuant to §§ 2201 et seq. will be prejudicial for the best interest of the minor and of the community.
(b) The Prosecutor must petition for a waiver of jurisdiction whenever:
(1) Probable cause is determined in the interest of a minor between fourteen (14) and eighteen (18) years of age charged with the perpetration of a Class II or III offense had been adjudicated in his interest.
(2) After determination of probable cause, the minor is charged with one of the following offenses: first degree murder, second degree murder, sexual assault, robbery, aggravated burglary and aggravated assault.
History —Amended Oct. 7, 2009, No. 116, § 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 4 - WAIVER OF JURISDICTION › Rule 4.2 - Term; contents

The Prosecutor shall submit the duly grounded petition for waiver of jurisdiction within fifteen (15) days following the filing of the complaint and the notice to the minor.
For just cause and at its discretion, the court may authorize the filing of a petition for waiver of jurisdiction after the term has elapsed, but always prior to the holding of the adjudicative hearing of the case.
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 4 - WAIVER OF JURISDICTION › Rule 4.3 - Docketing of hearing and notice

Upon a duly grounded petition for waiver of jurisdiction, the court, during the five (5) days following the presentation of the petition, shall order the docketing of the hearing and shall notify the minor. The hearing for the waiver of jurisdiction shall be held within twenty (20) days following the filing of the petition.
The scheduling for the waiver of jurisdiction hearing shall stay all terms regarding celebration of adjudicative hearing. If the court decides against waiver of jurisdiction, the aforementioned term shall continue to run beginning on the day notice of such decision is served.
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 4 - WAIVER OF JURISDICTION › Rule 4.4 - Hearing proceedings

During the hearing, the Prosecutor shall introduce evidence supporting his petition. The minor can rebut that evidence and challenge the contents of any document introduced in evidence, as well as examine the persons underwriting expert reports.
The court shall issue its decision upon the preponderance of evidence.
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 4 - WAIVER OF JURISDICTION › Rule 4.5 - Decision and removal

The court shall enter within the twenty (20) days following the conclusion of the hearing of the case under its consideration. If the court enters a founded resolution declaring that the waiver of jurisdiction does lie, it will issue an order for removal of the case to the regular jurisdiction, to be tried as if it were an adult perpetrator and will set bail for the minor pursuant to criteria established by the Rules of Criminal Procedure, App. II of this title. In these cases, the minor for whom the court waives jurisdiction will be able to request the revision of bail set, through motion filed with the Part of the Court of First Instance of the venue which may know of the case. The order for removal shall include any kind of offense pending adjudication. Statements, evidence, documents and all other information held by the court shall accompany the record, except any of confidential nature pursuant to these rules, such as social, psychological, psychiatric or neurologic reports, plus expert witnesses’ evaluations in the socio-emotional area.
The notice concerning the waiver, sent by the clerk of the court to the District Attorney or governing authority, shall not include the resolution entered.
The Prosecutor shall be responsible for the immediate transfer of the minor to the pertinent authorities for these to initiate proceedings against him as an adult in the regular jurisdiction.
History —Aug. 29, 1990, No. 73, p. 432, § 2, eff. 30 days after Aug. 29, 1990.
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 4 - WAIVER OF JURISDICTION › Rule 4.6 - In absentia

The court may waive its jurisdiction when the minor is absent provided the following circumstances concur before a hearing where said minor should be represented by counsel:
(a) The offense allegedly perpetrated by the minor occurred when said minor was already fourteen (14) years old;
(b) the minor is a fugitive from justice, and
(c) the Prosecutor has proved, to the satisfaction of the court, that he has taken sufficient action in order to locate said minor, without any success.
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 5 - REMOVAL › Rule 5.1 - When it shall be done

(a) By petition of the defendant or by the initiative of the Prosecutor, and after a joint evaluation with the family relations specialist, the court may authorize the removal of the minor from the judicial procedures, so that he may receive services from any public or private body, when a minor is charged with a Class I fault or with a Class II fault for the first time.
(b) The Prosecutor shall file the petition for removal with reasonable time before the beginning adjudicative hearing, except for just cause.
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 5 - REMOVAL › Rule 5.2 - Consent; approval

(a) The minor, his parents or guardians or judicial defender and his attorney of record, if any, shall sign a written agreement with the Prosecutor or with the authorized official of the public or private body to which the minor will be referred.
(b) The agreement shall include a brief description of the services offered, the conditions to be met by the minor, the acceptance by the public or private body and a warning of the consequences if he fails to comply with said conditions. It shall also contain the term of duration of the removal, which in no case shall exceed the term of the corresponding dispositive measure. The court shall docket the followup hearing in ninety (90) days if he has been charged with a Class I fault and in six (6) months when the fault charged is a Class II.
(c) The court shall approve the agreement by means of resolution to such effect. Once the removal agreement is approved, all terms of quick trial shall stay.
(d) All documents regarding the removal shall be included in the court records of the minor.
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 5 - REMOVAL › Rule 5.3 - Adjustment report; compliance of conditions

(a) Upon conclusion of term set for removal, the body participating in the aforesaid agreement shall have the obligation of rendering a report to the Prosecutor and the court regarding the degree of adjustment of the minor. The report shall indicate whether the minor has fulfilled all the conditions of the agreement. In case the minor has fulfilled said conditions, the Prosecutor shall request the docketing of the complaint within thirty (30) days after the date of service of notice of said report.
(b) If the minor fails to comply with the terms of the agreement, the Prosecutor shall request a hearing to determine whether the procedure should continue. The terms of a speedy trial shall be resumed when the resolution that orders the reinstatement of the complaint is issued.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.1 - Motions, generally

Any motion before the adjudicative hearing shall be filed in writing, a reasonable period of time prior thereto, but the court, for justified reasons, may allow oral motions during the hearing. The motion shall state the ground for the defenses, objections or petitions moved and notice thereof must be served on the other party. The court shall rule upon the motion before the adjudicative hearing, unless it decides to postpone consideration thereof until such 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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.2 - Prior to the adjudicative hearing

The following motions must be filed and ruled upon prior to the adjudicative hearing:
(1) Motion to dismiss based upon defects in the complaint, except when the defects consist in not alleging offense or that the court lacks jurisdiction, which may be moved at any time.
(2) Motion to dismiss based upon the following defenses and objections raised during the proceedings:
(a) That the alleged offense had been previously adjudicated, or that the minor was previously in jeopardy of adjudication by the same offense;
(b) that the cause or an essential controversy thereof is barred by res judicata;
(c) that offense is barred by statute of limitation;
(d) that probable cause was not determined pursuant to law;
(e) that the adjudicative hearing was scheduled beyond the legal terms;
(f) that the minor was granted immunity against proceedings for said offense, and
(g) that the hearing to determine probable cause to file the complaint had been scheduled for a date beyond the legal limits.
(3) Motion to suppress evidence.
(4) Motion to request discovery.
(5) Motion to plead mental disability or alibi defenses.
(6) Motion to utilize identification mechanisms.
History —Sept. 12, 1990, No. 86, p. 505, § 3.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.3 - When alleged defect does not bar further proceedings

A resolution granting a motion to dismiss shall not bar the initiation of other proceedings for the same offense, unless the alleged defect or objection is incurable or, in case of Class I offenses, said motion did lie because it violates the terms established for the adjudicative hearing.
If the motion is based upon defects of the complaint curable by amendment, the court shall order the amendment to be made and deny the motion. If the court should grant a motion based on curable defects in the filing, proceedings, or the complaint, it shall order the minor to remain under the court’s jurisdiction, under the same present conditions, for a specific term, subject to the filing of a new complaint. Nothing of the aforesaid shall affect the provisions regarding statute of limitation.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.4 - To request discovery of evidence

The court, upon prior motion after the filing of the complaint, may order the Prosecutor to make available for examination by the legal counsel of the minor, certain objects, books, documents, and papers which are not sworn statements, except sworn statements by the minor, and which may have been obtained from the minor or from other persons through court order or otherwise, and which may be needed for the preparation of the defense of the minor, independently from the fact that the Prosecutor intends to introduce them as evidence or that the same may be inadmissible thereto. The order shall specify the time, place and manner of the examination and shall prescribe whatever terms and conditions deemed fair.
The Prosecutor shall make available for inspection by the legal counsel of the minor any pertinent material or information which indicates the innocence of the minor.
The court may refuse totally or partially to grant the discovery of information specifically requested or limit and establish conditions therefor, when it is demonstrated that granting said request could jeopardize the security of any person or violate the confidentiality or privilege of any communication.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.5 - Mental disability or alibi defenses; notice

(a) When the minor intends to establish the defense of mental disability at the time of the alleged perpetration of the offense charged against him, or the defense of alibi, he shall file a notice to that effect with the court, serving a like notice on the Prosecutor, at least ten (10) days prior to the adjudicative hearing. The notice shall include the following details:
(1) Regarding mental disability defense, the name and address of all witnesses and a list of all documents, writings or papers to be used in establishing said defense, excluding therefrom any testimony of the minor, and also informing who is the holder of such documents, writings or papers.
(2) Regarding alibi defense, the name and address of all witnesses and a list of documents, writings or papers to be used in establishing said alibi defense, and also informing who is the holder of such documents, writings or papers; and informing, besides, about the place where the minor was at the state and hour when the offense was perpetrated, and since what time the minor was at that place and until what time he had been there.
(b) The information thus furnished by the minor shall convey the reciprocal obligation of the Prosecutor of informing the minor regarding the name and address of the witness he intends to use to rebut the alibi or mental disability defense.
(c) If the minor or Prosecutor does not comply with said required notice or information, they will not be entitled to introduce such facts in evidence.
The court may allow said evidence to be introduced at the adjudicative hearing, when justified cause is demonstrated for the omission of such notice or information.
In these latter cases the court may order the continuance of the adjudicative hearing or provide any other adequate remedy.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.6 - Identification mechanisms

Upon founded petition of the Prosecutor and through resolution to that effect, for investigative purposes, the court may authorize the use of mechanisms for the identification of a minor such as fingerprinting, photography and the utilization of a lineup.
Fingerprinting shall be limited to cases where fingerprints have been found in the place of the events and is deemed necessary for the verification of existence of prior personal contact between the minor and objects in such a place.
The fingerprint records, photographs and negatives thereof shall be sent to the court immediately after the investigation is concluded. They shall be identified only with the name, address and birth date of the minor, and shall be filed in the record inside a sealed envelope which shall be opened only upon court order. These shall remain there until the minor turns twenty-one (21) years old.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.8 - Continuance

Any motion for continuance shall be filed in writing at least five (5) days prior to the date set for the hearing. The motion shall state the grounds for the petition and offer no less than three (3) available dates for rescheduling.
The court shall peremptorily deny any motion not complying with the aforesaid. It may be filed during the hearing only if it is based upon extraordinary circumstances that could not be foreseen and without the control of the person filing the motion.
If the court grants the request, it shall enter a resolution stating the grounds therefor and shall schedule the hearing for the next available date in the court calendar.
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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.9 - Suppression of evidence

The minor affected by an illegal search or seizure shall request from the court the suppression of any evidence obtained through such search or seizure on the return of seized property, for any of the following reasons:
(a) The property was illegally seized without a court order.
(b) The court order for search and seizure is insufficient on its face.
(c) The seized property or the person or place searched does not match the description thereof in the court order for search and seizure.
(d) No probable cause existed to believe in the existence of grounds for the court order.
(e) The search order was illegally issued or delivered.
(f) Any sworn statement serving as base for the issuance of the search court order is insufficient because whatever was sworn to was totally and partially false.
(g) Any other reason legally reorganized as a result of the illegality of said search and seizure.
The court will hear the evidence on any question of fact necessary for the resolution of the petition. If the motion is granted, the property shall be returned, if there is no legal basis against it, and it shall not be advisable in evidence in any hearing. The motion shall be filed five (5) days prior to the adjudicative hearing unless there was no opportunity therefor or the minor does not have personal knowledge of the grounds for the motion, or the illegality in obtaining the evidence arises from the evidence introduced by the Prosecutor during the ajudicative 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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.10 - Disqualification

Either the Prosecutor or the minor may file a sworn, written motion requesting the disqualification of the judge on any of the following grounds:
(a) That the judge has been Prosecutor or defense attorney of the minor.
(b) That the judge has ordered as a magistrate the apprehension, provisional detention or summons, or participated in the determination of probable cause to file a complaint.
(c) That the judge has a personal interest in the outcome of the case.
(d) That the judge has a preconceived opinion or prejudice for or against any of the parties, or that he has prejudged the case.
(e) That the judge is related, within the fourth degree of consanguinity or affinity, to the minor, the victim of the alleged offense or to the defense attorney or Prosecutor.
(f) That the judge is an essential witness in the case.
The judge whose disqualification is requested shall not entertain thereupon, and the motion therefor shall be argued before another judge.
Nothing provided heretofore shall preclude a judge from being disqualified motu proprio for any justifiable 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 6 - MOTIONS AND CONFERENCE PRIOR TO ADJUDICATIVE HEARING › Rule 6.11 - Pretrial conference

The court, motu proprio or upon motion of the minor or the Prosecutor, may order holding of one or more conferences to consider any matters susceptible of being adjudicated or stipulated prior to the adjudicative 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 7 - ADJUDICATIVE HEARING › Rule 7.1 - Time; rights of the minor

The adjudicative hearing shall be scheduled within sixty (60) days following the determination of probable cause if the minor is under custody of parents or person responsible therefor, or within thirty (30) days, if the minor is being held at a detention center, unless the delay is due to a request from the minor, his parents or guardians, or to a justifiable cause therefor. The judge presiding over the hearing shall not be the same who presided over the determination of probable cause hearing.
The minor has the right to representation by counsel—if he lacks the necessary means therefor, the court shall appoint one—, the right to cross examine witnesses and to introduce evidence in his defense. The Rules of Evidence, App. IV of Title 32, shall apply and the Prosecutor must prove his allegations beyond any reasonable doubt.
The minor shall be presumed innocent until the contrary is proven and, in case of reasonable doubt regarding the existence of the alleged offense and its perpetration by the minor, said minor shall be pronounced not liable 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 7 - ADJUDICATIVE HEARING › Rule 7.2 - Reading of the complaint; warnings to the minor; hearing in absentia

(a) At the beginning of the adjudicative hearing, the court shall read the complaint, unless said reading is waived by the minor. The minor and his parents or guardians shall be present during the reading of the complaint and during all the proceedings.
(b) At the time of the reading of the complaint, the court shall warn the minor that if he leaves the hearing or fails to return during any stage of the hearing, the proceedings shall continue in absentia until the final disposition of the case, and his absence shall be deemed as a waiver of his right to be present at the subsequent stages of the procedure.
If the minor leaves the hearing room, the court, after investigation and determining that it is a voluntary absence, shall continue the proceedings in absentia until the final disposition of the case, provided the minor is represented by counsel and his parents or guardians or court appointed defender are present in case the latter are interested in being present.
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 7 - ADJUDICATIVE HEARING › Rule 7.3 - Pleas

The minor shall plead either denying or admitting the facts. If the minor refuses to plead, or the court determines that he/she is voluntarily absent from the hearing, a plea of denial of the facts shall be entered.
(a) Plea bargaining.—
(1) In all cases in which a plea bargaining arrangement exists between the defendant’s defense and the Prosecutor for Minors’ Affairs, the procedure to be followed shall be that contemplated in Criminal Procedure Rule 72 insofar as it is not incompatible with the Puerto Rico Minors’ Act, §§ 2201 et seq. of this title, and these rules.
(2) When deciding whether to accept from a minor a guilty plea which derives from a plea bargaining arrangement, the Juvenile Court Judge shall ascertain that said plea has been entered into in the defendant’s full awareness, conformity and willingness; that his/her rights have been explained to him/her, as well as the implications of such a plea; that he/she was accompanied by his/her parents or by an adult with an interest in his/her welfare; that it is convenient to the sound administration of justice; and that said plea was reached pursuant to the law and ethics required from the defense attorney and the Prosecutor.
History —Amended Apr. 2, 2007, No. 30, § 2.
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 7 - ADJUDICATIVE HEARING › Rule 7.4 - Admission of the facts; refusal of the court; permission to change pleas

The court may refuse to receive an allegation from the minor in which he admits the facts and may direct that an allegation refusing them be entered. At the time prior to the adjudication of the case, it may allow that the allegation admitting the facts be withdrawn and substituted by an allegation denying the facts or by one that admits the commission of a lesser fault than the one charged.
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 7 - ADJUDICATIVE HEARING › Rule 7.5 - Admission of the facts; duty of the court

The court shall not accept a plea of admission of the facts from the minor without first determining that it is made voluntarily, with awareness of the nature of the alleged offense and of the consequences of said plea. Furthermore, the court shall warn the minor regarding:
(a) His right to be represented by counsel during all stages of the procedure and that, if he lacks the economic means, the court shall appoint one to represent him.
(b) His right to be presumed innocent, until proven to the contrary, and to have the Prosecutor prove the alleged facts beyond any reasonable doubt.
(c) His right not to declare on the stand, and to have witnesses for his defense subpoenaed.
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 7 - ADJUDICATIVE HEARING › Rule 7.6 - Order of the evidence

The Prosecutor shall open the adjudicative hearing stating orally to the court the nature of the offense which he expects to prove, the proof he expects to produce to uphold the complaint and shall offer his evidence in support thereof. The legal representative of the minor shall then set forth in a concise manner the proofs for his evidence in support thereof. The Prosecutor and the minor charged with the offense may, in that order, offer rebutting evidence only against the evidence originally offered, unless the court, for good reason and in furtherance of justice, shall permit them to offer additional evidence upon the alleged offense.
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 7 - ADJUDICATIVE HEARING › Rule 7.7 - Peremptory acquittal

The court, motu proprio or on motion of the minor, shall declare said minor not liable for the offense or offense alleged in the complaint, if, after the evidence on either side is closed, it would be deemed insufficient to uphold the perpetration of said offense.
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 7 - ADJUDICATIVE HEARING › Rule 7.8 - Adjudication of the case

After presenting the evidence and the reports by both parties have been concluded, the court shall immediately issue its decision unless it finds it necessary to reserve its opinion, in which case, and excepting the express waiver of the minor or his legal counsel if the minor is not present, shall issue it within two (2) days following the conclusion of the adjudicative hearing.
If the court determines that the minor has not been guilty of a fault and said minor is detained, it shall order his immediate release, unless he must continue in detention by virtue of a valid order issued in another procedure.
History —June 19, 1987, No. 33, p. 105.
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 8 - RESOLUTORY HEARING › Rule 8.1 - Disposition of the case, term

The dispositive hearing is that in which the court imposes the dispositive measure. It shall be held upon the conclusion of the adjudicative hearing, unless the court, by petition of the minor or the prosecutor, dockets it for a subsequesnt date. In such case, the hearing shall be held within three (3) days following the date on which the court issued its opinion, unless if the minor waives the same. When the postponement is granted, the court shall order that the minor shall remain under the same conditions which were imposed on him upon the conclusion of the hearing for probable cause to file the complaint. Upon a petition of the minor or the Prosecutor, the court may modify said conditions. The judge must have before him a social report prior to disposing of the case of a minor who is found guilty.
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 8 - RESOLUTORY HEARING › Rule 8.2 - Procedure for the resolutory hearing

The minor, his attorney, parents, guardians or court-appointed defender and the Prosecutor shall be present during the resolutory hearing. The court shall allow the Prosecutor as well as the attorney for the minor to offer written evidence or witnesses concerning the most adequate resolutory measure. The court shall also permit them to challenge the contents of any document offered in evidence and to examine the persons who are responsible for supplying the court with any information.
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 8 - RESOLUTORY HEARING › Rule 8.3 - Report for disposing of case

The court, prior to disposing of the case, must have before it a social report including all facts related to the minor, his relatives, his circumstances and any further information which permits the court to make an adequate disposition, according to the best interest of the minor and the protection of the community.
The Specialists and Family Relations Technicians and other experts assigned to the court shall perform all investigations, examinations, evaluations and studies necessary to supply and prepare the social reports needed for the most adequate disposition. They shall proceed under the court’s authority and, to that effect, with prior authorization, they shall be able to subject the minor to the necessary physical and mental studies. If the minor’s parents or guardians or the court-appointed defender refuse to supply the information required for the social report, they may be held in contempt of court.
If parents or guardians or court-appointed defenders are set against subjecting the minor to those examinations, a hearing will be held where they shall state their reasons therefor. If at the hearing they fail to justify their opposition, the court, exercising its parens patriae authority, shall order the minor to be subjected to the necessary examinations.
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 8 - RESOLUTORY HEARING › Rule 8.4 - Resolutory measure

The resolutory measure may be nominal, conditional or custody. Conditional or custody measures shall include provisions regarding term of duration pursuant to § 2227 of this title and the foundation that upholds them. The court shall take into consideration criteria which allow for individualization of the needs 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 8 - RESOLUTORY HEARING › Rule 8.5 - Duration of resolutory measure

(a) The term adjudicated by the court shall not exceed the maximum provided by law, or may be a lesser term. The maximum term provided by law may be extended when circumstances foreseen in §§ 2201 et seq. of this title occur.
(b) The resolutory measure shall cease whenever any of the following circumstances is present:
(1) The maximum term provided by law has expired, except when circumstances mentioned in § 2229 of this title occur;
(2) the minor turns 21 years old, or
(3) when the minor is considered rehabilitated.
(c) If a custody measure should be imposed, the court shall deduct therefrom, at the time of entering its resolution, the time the minor has remained under provisional detention.
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 8 - RESOLUTORY HEARING › Rule 8.6 - Concurrent or consecutive terms

The court, upon determining the resolutory measure, shall include in its resolution whether the term of custody or supervision determined shall run concurrently or consecutively with any other terms imposed on the minor. If such provision is omitted, the term shall be deemed running concurrently with any others imposed either in its resolution or priorly imposed on 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 8 - RESOLUTORY HEARING › Rule 8.7 - Resolution and adjudication

The court decision on resolution and adjudication shall be drawn in plain language, and shall include the determinations of the court and measures to be applied to 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 8 - RESOLUTORY HEARING › Rule 8.8 - Progress reports on the minor under probation

The Specialist or Family Relations Technician shall file with the court evaluation reports on each minor assigned to his supervision within the terms specified by the court. These reports shall include recommendations regarding desirable changes in the condition set in the resolution, for consideration of its extension, modification or cessation, according to the achievements of the rehabilitating process.
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 8 - RESOLUTORY HEARING › Rule 8.9 - Progress reports on the minor under custody

The director of the institution on public or private body in custody of a minor shall submit periodic reports on the evaluation of the minor, within the terms required by the court. These reports shall contain pertinent recommendations regarding extension, modification, or cessation of the resolutory measure, according to the achievements in the rehabilitating process. Likewise, it shall be their duty to submit an evaluating report to the court whenever a petition for review, modification or cessation of the resolutory measure is filed.
When the head of the agency or public or private organization recommends the release of the minor, his report shall include a plan for said release and reincorporation to the community.
Evaluation reports shall contain information on the condition, physical, emotional and moral progress of the minor as well as other services 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 8 - RESOLUTORY HEARING › Rule 8.10 - Information to be made available to public and private body

When a judge enters a resolution for the confinement of a minor to an institution, he shall also order that, within ten (10) days following the date of the resolution, a summary of the information on files of the court shall be sent to such public or private body.
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 8 - RESOLUTORY HEARING › Rule 8.11 - Periodic review of resolutory measure

The court, after due notice and hearing, shall make periodic pronouncements regarding the extension, modification or cessation of the resolutory measures. In cases of Class I offenses, the review shall be held every three (3) months, and in cases of Class II or III offenses, every six (6) months, notwithstanding the possibility of doing it at any time upon request of interested party.
The court shall take into consideration, when reviewing the resolutory measure, the reports before it, as well as any other evidence offered at the hearing and shall enter a resolution to maintain, extend, modify or terminate said measure.
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 8 - RESOLUTORY HEARING › Rule 8.12 - Modification of resolutory measure

The minor, his parents, guardian or court-appointed representative, or any person under the custody of whom said minor has been placed, may file a founded petition with the court to request the modification of the resolutory measures.
Notice of every petition to modify a resolutory measure shall be served upon the minor, his parents, or guardians, the Prosecutor and the director of the public or private body where said minor is under custody.
If the court considers that the petition alleges sufficient grounds, it shall order the Family Relations Specialist or Technician to perform an investigation on the allegations of said petition and to render a report thereabout. A hearing shall be scheduled, with notice thereof to all interested parties, to receive evidence. Once the hearing is concluded, the court shall enter a resolution concerning modification of the resolutory measures.
When changing resolutory measure from custody to parole, the term of the new measure shall not exceed the maximum for the custody. The time spent by the minor under custody shall be totally deducted from the term to be served under the new resolutory measure.
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.14 - Generally

In cases where the minor is held in violation of §§ 5001 et seq. of Title 9, the court may impose either the measures provided by those sections, or any of the resolutory measures provided in §§ 2201 et seq. of this title for Class I offenses.
The court, furthermore, may suspend the minor’s license to drive motor vehicles and order any other administrative measure provided in §§ 5001 et seq. of Title 9.
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.15 - Payment of fines

The minor shall be bound to pay any fines and the procedural costs within the term set by the 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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.16 - Nonpayment of fine

If the minor does not pay the fine, the court may apply any one of the resolutory measures established by the law for Class I offenses.
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.17 - Administrative violations

For administrative violations charged against a minor, the procedure provided by §§ 5001 et seq. of Title 9 shall be followed.
The administrative fines shall constitute a lien on the concerned vehicle, and notation thereof shall be taken by the Department of Transportation and Public Works until the fine is completely paid.
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 8 - RESOLUTORY HEARING › Subchapter A - VIOLATIONS TO THE VEHICLES AND TRAFFIC ACT › Rule 8.18 - Appeal for review

The minor to whom a ticket is issued for an administrative traffic violation may file an appeal for review under the Vehicle and Traffic Act of Puerto Rico, at the Minors’ Part corresponding to the place where the violation occurred, within the term provided in said act.
The appeal shall be served on the Advocate for Minors’ Affairs simultaneously with the date of filing. The court shall consider the appeal for review within the shortest time possible. Once the hearing is held, if the court considers that the minor did not incur the alleged violation, it shall exonerate him/her and direct the Department of Transportation and Public Works to cancel the lien on the vehicle involved or on the minor’s driver’s license, as the case may be.
History —July 27, 1996, No. 87, § 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 10 - RECORDS AND CONFIDENTIALITY (§ 10.5) › Rule 10.1 - Court record

A court record shall be kept for every minor against whom a complaint is filed, which shall consist of two (2) parts; legal and social.
In the legal part the original complaint, birth certificate of the minor, summons, resolutions entered and orders issued by the court, pleas, and whatsoever other briefs or motions related with the case shall be filed, as well as any document introduced in evidence, including expert witnesses’ reports. In the social part the reports of the family relations specialist or technician to the court on the social study and supervision of the minor shall be filed and whatsoever other evaluating reports on the minor.
The court record shall be cumulative and remain under the custody of the court clerk.