reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 168 - SENTENCE; CAUSES WHY SENTENCE SHOULD NOT BE PRONOUNCED

The defendant may request and show in the appropriate cases, that sentence should not be pronounced against him only by reason of the following causes:
(a) That he has become insane after the verdict was rendered or the judgment pronounced.
(b) That he has been granted a pardon for the crime tried in the cause for which sentence is to be pronounced against him.
(c) That he is not the person against whom the verdict was rendered or the judgment pronounced.
(d) That the provisions of Rule 162 have not been fulfilled.
(e) That the offense of which he was declared guilty was barred by the statute of limitations.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 169 - SENTENCE; INSANITY AS CAUSE WHY SENTENCE SHOULD NOT BE PRONOUNCED

The procedure provided for in Rule 240 shall be followed when insanity is alleged as a cause why sentence should not be pronounced.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 170 - SENTENCE; EVIDENCE AS TO THE CAUSES WHY SENTENCE SHOULD NOT BE PRONOUNCED

When it is alleged as a cause why sentence should not be pronounced, that the defendant is not the person against whom the verdict was rendered or the judgment pronounced, or that the defendant was granted a pardon for the offense for which sentence is to be pronounced against him, the court shall, if necessary, postpone the pronouncement of sentence in order to receive the relevant evidence of said fact. If said evidence justifies the alleged cause, the defendant shall forthwith be released, unless he should remain under arrest to answer for other offenses. When the cause alleged is the prescription of the offense for which the defendant was declared guilty, once the said prescription is verified, the court shall order the dismissal of the information and the immediate release 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 XII - JUDGMENT AND SENTENCE (§ 173) › Rule 172 - SENTENCE; ALTERNATIVE IMPRISONMENT

Whenever in any court sentence is pronounced adjudging that the defendant pay a fine, and such fine is not immediately paid, the defendant shall be imprisoned for such nonpayment for the term of one (1) day for each dollar left unpaid and this alternative imprisonment shall not exceed ninety (90) days.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 173 - SENTENCE; FINE, LIEN

A sentence that the defendant pay a fine shall constitute a lien, in the same manner as a sentence for payment of money rendered in a civil action, provided it is so recorded in the Judgment Book of the Registry of Property.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 174 - SENTENCE; TERM OF IMPRISONMENT DETERMINED AS PER JUDGMENT

In a sentence of conviction for a felony or a misdemeanor that bears deprivation of freedom, the court shall determine imprisonment in a adequate institution for the term indicated in the judgment.
History —Dec. 10, 1999, No. 334, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 175 - SENTENCE; REQUISITES FOR ITS EXECUTION

When a judgment has been pronounced, a certified copy thereof must be forthwith delivered to the officer whose duty it is to execute it, which copy shall be sufficient for its execution, no other warrant or authority being necessary to justify or to require its execution.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 176 - SENTENCE; FINE; PAYMENT FOR DAMAGES; HOW TO EXECUTE IT

If the judgment rendered is for a fine or an award for damages as provided for in § 16-102A of Act July 20 1960, No. 141, the procedure to be followed for the execution thereof is the same as in the case of a judgment entered in a civil case ordering the payment of money.
History —Nov. 28, 1989, No. 5, p. 549, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 177 - JUDGMENT FOR IMPRISONMENT; SERVICE THEREOF

If the judgment is for imprisonment, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with. The same procedure is to be followed when the judgment is for a fine and alternative imprisonment if the fine is not paid. If after he has started to serve the alternative imprisonment for failure to pay the fine, the prisoner wants to pay it, he shall be credited a dollar for each day of imprisonment which he may have served for such failure to pay.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 178 - TYPES OF SENTENCES

The court shall pronounce sentences pursuant to the Penal Code of the Commonwealth of Puerto Rico and the special laws regarding such matters.
History —June 4, 1980, No. 103, p. 334, § 1; Sept. 15, 2004, No. 317, § 14.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 179 - CONCURRENT OR CONSECUTIVE SENTENCES

Whenever a person is convicted of an offense, the trial court shall determine, on pronouncing sentence, whether the prison term imposed therein is to be served consecutively or concurrently with any other prison term or terms. If the court fails to state such determination, the term of imprisonment imposed shall be served concurrently with any other terms which the court may impose as part of the sentence, or with any other terms which may already have been imposed upon the defendant.
In cases where there is a plurality of applicable criminal code provisions or a combination of series of related criminal acts or continuous crime, the sentence shall be pronounced pursuant to the provisions of §§ 4706—4708 of Title 33, part of the Penal Code of the Commonwealth of Puerto Rico.
History —Sept. 15, 2004, No. 317, § 15.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 180 - TERMS NOT TO BE SERVED CONCURRENTLY

The prison terms that must be imposed in the following cases shall not be served concurrently:
(a) When the convicted person has been sentenced for a crime committed while on appeal from another crime or other crimes or while released because the effects of a judgment of conviction were annulled.
(b) When the convicted person is in prison or is to be imprisoned by a sentence to imprisonment in default of the payment of any fine imposed upon him.
(c) When the convicted person committed a crime while imprisoned in a penal institution or serving any sentence.
(d) When the convicted person commits a crime while he is on parole or under conditional pardon or under any measure of conditional freedom where he is considered to be serving a sentence imposed by a court.
(e) When the convicted person has been sentenced for a crime committed while free on bail, accused of the commission of a felony.
(f) When the convicted person has been sentenced for a felony or misdemeanor, as classified in § 4248 of Title 33.
History —June 4, 1980, No. 106, p. 346, July 2, 1987, No. 87, p. 335, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 181 - REPORT AS TO PRISONER SUMMONED TO TRIAL

When a person is serving a sentence and is summoned to trial before any court of justice, the director or person in charge of the penal institution where the said person is confined shall send to the judge of the court who requires the appearance, a certificate with a copy, describing the details of said imprisonment, specifying the form in which the said person is serving sentence. If the person is awaiting trial, or his case is on appeal, the time he remains in such condition, the crime and order of detention shall be specified. In every case there shall be sent a statement of the penal record of the said person, stating the number of the case, the crime, the penalty, trial court, date of said sentence, date on which he began to serve it, the executive clemency received or the form in which and the date on which he served the sentence. If the person has cases on appeal or orders of imprisonment against him, whether bond has been given or not, it shall be reported in the same manner as provided above in this rule.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 182 - TIME DEFENDANT HAS BEEN DEPRIVED OF HIS LIBERTY

The time that a person charged with the commission of any public offense may have been deprived of his liberty, shall be fully deducted from the prison term that said person must serve if he is sentenced for the same offenses for which he was deprived of his liberty.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 183 - TERM OF IMPRISONMENT AWAITING RESULT OF APPEAL FROM SENTENCE

The time that a person may have been deprived of his liberty awaiting the result of an appeal taken from the sentence imposed upon him, shall be fully deducted from the prison term that said person must serve under said sentence if it is affirmed or modified.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 184 - SENTENCE SUBSEQUENTLY ANNULLED OR REVERSED

The time that a person may have been deprived of his liberty under a sentence that is subsequently annulled or reversed, shall be fully deducted from the prison term that said person must serve in case he is sentenced again for the same offenses for which the sentence so annulled or reversed was imposed.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 185 - CORRECTION OR MODIFICATION OF SENTENCE

(a) Illegal sentence; drafting of the sentence.— The sentencing court may correct an illegal sentence at any time. It may likewise for justifiable cause and in furtherance of justice, reduce any sentence within ninety (90) days of its pronouncement, provided the same is not on appeal, or within sixty (60) days after receipt of a mandate confirming the sentence or dismissing the appeal, or after receipt of an order denying an application for a writ of certiorari.
(b) Clerical mistakes.— Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after notice is given to the parties, if the court so orders.
(c) Modification of sentence.— The court may modify a sentence of imprisonment in those cases where the requirements of § 4732 of Title 33, and of the Constitutional Rehabilitation Mandate Act are met. The court may also modify a sentence of imprisonment by petition of the Prosecuting Attorney when the convict cooperates in an investigation or criminal prosecution, but said modification shall never be less than half of the sentence imposed. The court shall consider the petition in a private hearing and the record thereof shall remain sealed and inaccessible to the public in order to guarantee the safety of the informant and the confidentiality of the investigation.
History —Sept. 15, 2004, No. 317, § 16; Dec. 27, 2011, No. 281, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 186 - DISABILITY OF THE JUDGE

(a) During the trial.— Once the trial has begun, and before the verdict or judgment is rendered, if the judge before whom the defendant was tried is unable to continue with the trial on account of death, sickness or other disability or for termination of office, any other judge of the same category regularly sitting in or assigned to the court may perform said duties, provided he certifies, within reasonable time after his appointment that he has become familiar with the documents and record of the case.
(b) After the verdict or conviction.— If by reason of termination of office, death, sickness or other disability, the judge before whom the defendant was tried is unable to discharge the duties to be performed by the court after the verdict or conviction, any other judge regularly sitting in or assigned to the court may perform said duties.
(c) Jury trials and court of law.— The substitution referred to in subsection (a) of this rule shall only be carried out in cases of jury trials. By agreement of the parties, there can be a substitution of judge before the judgment in those cases being tried by a court of law.
(d) Appointment of the substitute judge.— The substitute judge should be appointed by the administrative judge of the court to which the first judge belonged, or in lieu of, by the Chief Justice of the Supreme Court, within two (2) days after notice of the judge’s disability has been received.
(e) Authority of the substitute judge.— The substitute judge shall have the same power, authority, and jurisdiction in the case as if it should have begun before him.
(f) Duty of the secretary.— In those courts where there is only one judge assigned, the secretary of the court, immediately after he knows about the judge’s disability shall:
(1) Forthwith advise immediately to the Court Administrator and the Chief Justice of the Supreme Court.
(2) Summon the parties for the setting of a date that in no case shall be less than ten (10) days nor more than fifteen (15) days.
(g) New trial.—
(1) If the substitute judge becomes convinced that he cannot continue performing the duties of the former judge, he may in his discretion, grant a new trial.
(2) The impossibility of complying with the procedure provided by this rule, not attributable to the defendant, shall constitute grounds for a new trial.
History —July 23, 1974, No. 145, Part 1, p. 670.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 187 - NEW TRIAL; GRANTING OF

After a verdict of guilty has been rendered, the court may grant a new trial on its own motion with the consent of the defendant or on defendant’s motion.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 188 - GROUNDS FOR NEW TRIAL

The court may grant a new trial for any of the following grounds:
(a) When new evidence is discovered, which, if presented at the trial, would probably have changed the verdict or the finding of the court and which the defendant could not, with reasonable diligence, have discovered and produced at the trial. When a motion for new trial is made upon this ground, the defendant shall present the new evidence together with his motion in affidavits of the witnesses by whom such evidence is expected to be given.
(b) When the verdict has been decided by lot, or by means other than a fair expression of opinion on the part of all jurors.
(c) When the verdict is contrary to law or evidence.
(d) When any of the following circumstances intervened and as a consequence thereof the substantial rights of the defendant were impaired:
(1) When the defendant was not present at any stage of the trial, except as provided in Rule 243.
(2) When the jury has received any evidence out of the court other than that resulting from a view of the premises.
(3) When the members of the jury have separated without leave of the court, after retiring to deliberate upon their verdict, or when any member thereof has been guilty of any misconduct by which a fair and due consideration of the case has been prevented.
(4) When the prosecuting attorney has been guilty of any misconduct.
(5) When the court has erred in the decision of any question of law arising in the course of the trial, or when the court has erroneously instructed the jury in a matter of law, or has erroneously denied an instruction to the jury requested by the defendant.
(e) When it is impossible to obtain a transcript of the stenographic notes of the proceeding because of the death or incapacity of the court stenographer or because of the loss or destruction of said notes, or to prepare a statement of the case in a narrative form as provided by Rules 208 and 209 to substitute for said transcript.
(f) The court may also grant a new trial, when due to any other cause for which the defendant is not responsible, he has not had a fair and impartial trial.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 189 - NEW TRIAL; TIME FOR FILING THE MOTION

The motion for a new trial must be filed before judgment is rendered, except that when it is based upon the grounds provided for in subsection (e) of Rule 188, it shall be filed within thirty (30) days following the day on which notice of the death or incapacity of the court stenographer or of the loss or destruction of his notes is had; and when the motion is based upon the provision of Rule 192, it shall be filed within thirty (30) days following the day on which notice of the new evidence or facts was had.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 190 - NEW TRIAL; MOTION; REQUIREMENTS; NOTICE

The motion for new trial shall be presented in writing, it shall state all the grounds on which it is based and the prosecuting attorney shall be notified thereof.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 191 - NEW TRIAL; EFFECTS

When a new trial is granted, it shall be held for an offense which is not a greater offense and which is not greater in degree than the one for which the defendant was convicted in the former trial. In the new trial, the former verdict or finding cannot be used or referred to either in evidence or in argument, nor can it be pleaded as ground for the dismissal of the information under subsection (e) of Rule 64.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIII - NEW TRIAL › Rule 192 - NEW TRIAL; FINDING OF NEW FACTS

The court may in like manner and at the request of the defendant grant a new trial if after the sentence is pronounced new facts or new evidence are found of a nature tending to establish defendant’s innocence.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 193 - APPEAL TO THE CIRCUIT COURT OF APPEALS

Final judgements pronounced in criminal cases originated in the Court of First Instance may be appealed by the defendant in the manner prescribed in these Rules. In these cases, the defendant may file an appeal before the Circuit Court of Appeals, except in cases of conviction upon a plea of guilty, which may only be reviewed by a writ of certiorari, in which case the writ shall be issued by the Circuit Court of Appeals at its discretion. The writ of certiorari shall be filed within thirty (30) days after judgment is rendered. This term is jurisdictional.
History —Oct. 24, 1968; June 26, 1974, No. 91, Part 1, p. 315, § 1; Dec. 25, 1995, No. 251, § 1; Jan. 6, 1998, No. 5, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 194 - PROCEDURE TO PERFECT APPEAL

An appeal is executed by filing a writ of appeal with the clerk of the part of the Court of First Instance that pronounced judgment, within thirty (30) days following the date in which the judgment was pronounced, but, if a motion for a new trial is filed under Rules 188(e) and 192 of this appendix within the indicated term of thirty (30) days, the writ of appeal may be filed within thirty (30) days after the date the defendant is served by the court order denying the motion for a new trial.
Should any party request the reconsideration of the judgment within the undeferrable term of fifteen (15) days from the date judgment was rendered, the term to file the writ of appeal or certiorari shall be stayed and the same shall commence on the date that service of the court’s resolution adjudicating the motion for reconsideration is filed in the record.
If the writ of appeal or certiorari is filed with the clerk of the part of the Court of First Instance that pronounced judgment, the appellant or petitioner shall be responsible for serving the regulatory copies of such writ to the clerk of Circuit Court of Appeals, within forty-eight (48) hours of its filing, duly stamped with the date and hour of filing. If the appeal is filed with the clerk of the Circuit Court of Appeals, it shall be the responsibility of the appellant or petitioner to submit a copy of such writ to the clerk of the Court of First Instance that pronounced judgment, within forty-eight (48) hours of filing the writ of appeal or certiorari, duly stamped with the date and hour of its filing.
The appellant or petitioner shall notify the prosecuting attorney and the Attorney General of the filing of the writ of appeal or certiorari within the term prescribed to file such appeals. Said notice shall be made in the manner prescribed in these rules, except as otherwise provided in Rule 195 of this appendix.
The writ of appeal shall state the errors on which the same is grounded briefly and concisely. The writ of certiorari shall contain true and concise statement of the facts of the case as well as statements and discussion of the errors that, in the opinion of the petitioner, were committed by the Court of First Instance.
History —June 23, 1978, No. 77, p. 253, § 1; Dec. 25, 1995, No. 251, § 2; Jan. 6, 1998, No. 5, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 195 - TAKING OF APPEAL BY PRISONER

When the appellant is confined in a penal institution and appeals in his own right, the appeal shall be executed by delivering the bill of appeal within the term for the appeal to be filed, to the officer having his custody. It shall be the duty of said officer to file the bill of appeal immediately with the clerk of the court where judgment was rendered, and remit a copy thereof to the Appellate Court. Upon receipt of the bill of appeal, the clerk of the trial court shall notify the prosecuting attorney.
History —June 23, 1978, No. 77, p. 253, § 1, eff. 30 days after June 23, 1978.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 196 - CONTENTS OF THE BILL OF APPEAL

The bill of appeal shall set forth the name or names of the appellants defendants; it shall designate the judgment which is appealed, and it shall specify that the appeal is filed with the Circuit Court of Appeals. It shall also specify the circuit to which the appeal corresponds and shall indicate whether the appellants are on parole, on probation or confined to a penal institution. Any other bill on the same case pending on the date of filing shall be identified in the bill. The bill shall contain a brief and concise statement of the errors on which the appeal is grounded. In no case shall the caption of the cause be changed because of the appeal set forth.
History —Dec. 25, 1995, No. 251, § 3, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 197 - STAY OF EFFECT OF GUILTY SENTENCE; ORDER OF PROBATION

(a) Stay of execution of judgment.— An appeal from a guilty sentence or the filing of a writ of certiorari, shall stay the effects of the sentence once bail is posted.
An appeal, or the filing of a writ of certiorari, shall not stay the effects of a verdict of guilty when the posting of bail is not admitted on appeal or if a special law provides that the same shall not be stayed.
(b) Sentence of probation.— An appeal of a guilty sentence or the filing of a writ of certiorari shall not stay the effects of an order providing that the defendant is freed on probation. While the appeal or the writ of certiorari is pending, the sentencing court shall retain its authority to modify the conditions of the probation or to revoke the same.
History —Dec. 25, 1995, No. 251, § 4; Sept. 15, 2004, No. 317, § 17.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 198 - BOND APPEAL

Except in the case of an offense involving imprisonment for ninety-nine (99) years, a defendant shall be admitted to bond after being convicted if he files a writ of appeal or certiorari before the Circuit Court of Appeals:
(a) As an issue of law, when a judgment appealed is imposing only a fine.
(b) As an issue of law, when a judgment is appealed imposing imprisonment for misdemeanors.
(c) At the discretion of the trial court or the Circuit Court of Appeals, in all other cases. No bond shall be admitted in the latter cases when the petition filed fails to raise a substantial issue or when the nature of the crime or the character and criminal record of the defendant makes the imprisonment of the defendant while the petition is pending advisable, in the judgment of the court and for the protection of society. No bond shall be admitted in these cases without first giving the prosecuting attorney of the corresponding part the opportunity to be heard. Except in truly urgent situations or when it would be impractical, the petition for bond shall be filed in first place with the sentencing court, and should it be denied, it may be filed with the Circuit Court of Appeals, together with copies of the petition filed with the sentencing court, stamped with the date and hour of its filing, and of the decision, as well as a transcript of the evidence, if any, and a brief report stating the grounds for which the resolution is deemed to be erroneous.
The Supreme Court may, in the exercise of its discretion, allow bail in writs of certiorari under its consideration, when the same has been denied by the Circuit Court of Appeals. No bail shall be admitted in the latter cases when the writ does not raise a substantial issue or when the nature of the crime or the character and penal background of the defendant make it advisable, in the judgment of the Court and for the protection of society, that the convict should remain imprisoned while the petition is pending hearing. No bail shall be admitted in these cases without first giving the Attorney General the opportunity to be heard. Except in truly urgent situations or when it would be impractical, the petition for bail shall be submitted in first place with the Circuit Court of Appeals, and if denied, it may be filed with the Supreme Court, together with copies of the petition to the Circuit Court of Appeals, stamped with the date and hour of its filing, and of the decision, as well as a transcript of the evidence, if any, and a brief report stating the grounds for which the resolution is deemed to be erroneous.
History —June 4, 1980, No. 103, p. 334, § 1; Dec. 25, 1995, No. 251, § 5, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 199 - RECORD ON APPEAL: ORIGINAL DOCUMENTS

Except as otherwise provided herein, the appeals shall be heard upon examining the original documents in the record and on the statement or transcript of the oral evidence, which shall constitute the record on appeal.
History —Dec. 25, 1995, No. 251, § 6, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 203 - RECORD ON APPEAL; REMISSION

After the bill of appeal, has been filed, and within the terms prescribed in Rule 210 of this appendix, the clerk of the respondent court shall remit to the Circuit Court of Appeals all the original documents of the proceeding subject to the appeal, except those whose omission has been agreed upon by the parties by written stipulation attached to the record. The clerk of the respondent court shall add a certificate to said documents which will identify then adequately.
History —Dec. 25, 1995, No. 251, § 10, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 204 - PRELIMINARY MOTION IN THE CIRCUIT COURT OF APPEALS: DOCUMENTS

If prior to the date on which the record on appeal is remitted to the Circuit Court of Appeals, the People wishes to file a motion to dismiss, or any of the parties files a motion petitioning any order it shall include with the motion copies of the documents in the original record of the Court of First Instance that are necessary for the Circuit Court of Appeals to resolve the motion.
History —Dec. 25, 1995, No. 251, § 11, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 205 - ORIGINAL WRITINGS AND PAPERS; PREPARATION

The original writings and papers shall be bound together in one or more volumes and the pages shall be consecutively numbered. A complete index shall be prepared in addition to or as part of the certificate of identification required by Rule 203.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 206 - RECORD ON APPEAL: CORRECTION

It shall not be necessary for the record on appeal to be approved by the respondent court. But if any discrepancy should arise with regard to whether the record faithfully reflects what occurred in the respondent court, the matter shall be submitted to said court, which shall settle the issue and conform the record to the truth. If by mistake or accident, any part of the record which is important to any of the parties, is omitted or mis-stated, the parties, by stipulation, or the respondent court, before or after the record is transmitted to the Circuit Court of Appeals, or the Circuit Court of Appeals motu proprio, or by petition of a party, may order that the omission be furnished or the misstatement corrected, and if necessary, that a supplemental record be certified or forwarded by the clerk of the respondent court. Any other question regarding the content and form of the record shall be presented to the Circuit Court of Appeals.
History —Dec. 25, 1995, No. 251, § 12, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 207 - RECORD ON APPEAL; SEVERAL APPEALS

Where there is more than one appeal from the judgment, taken by two (2) or more appellants, a single record shall be prepared containing all the matter designated or stipulated by the parties, without duplication.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 210 - RECORD ON APPEAL; FILING; EXTENSIONS

The record on appeal provided in Rules 199, 203, 205, 206 and 207 of this appendix shall be filed in the Circuit Court of Appeals within thirty (30) days from the date the bill of complaint is filed, except that when there is more than one complaint filed against the judgment by two or more appellant defendants, the respondent court shall fix the term for such filing, which in no case shall be less than the abovestated term. In all cases, the respondent court may, in the exercise of its discretion, with or without a motion or notice to such effects, may extend the term for filing the record on appeal for a term not greater than sixty (60) additional days. Any further extension shall only be granted for just cause, which shall be stated in the order to grant the extension. A copy of said order shall be served to the Circuit Court of Appeals.
History —Dec. 25, 1995, No. 251, § 14, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 211 - POWERS OF THE COURTS OF APPEALS

In situations unforeseen by law, these rules or the rules approved by the Supreme Court, both the Supreme Court as well as the Circuit Court of Appeals shall indict the proceeding in the manner that in their judgment serves the best interests of all the parties.
The Supreme Court and the Circuit Court of Appeals reserves the power to waive terms, briefs or specific procedures in any case before their consideration, in order to achieve a more fair and efficient settlement.
History —Added on Dec. 25, 1995, No. 251, § 16, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 212 - DISMISSAL OF THE APPEAL OR CERTIORARI

The respondent party may request, by motion, the dismissal of an appeal or writ of certiorari on the following grounds:
(a) The Circuit Court of Appeals lacks jurisdiction to consider the appeal or certiorari;
(b) the appeal or certiorari has not been executed according to law and applicable rules;
(c) it has not been prosecuted with due diligence, or
(d) the appeal is frivolous or has been filed to delay the proceedings.
History —Dec. 25, 1995, No. 251, § 17, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 213 - DISPOSITION OF CASE ON APPEAL OR CERTIORARI

The Circuit Court of Appeals may reverse, confirm or modify the appealed judgment, or may reduce the degree of the offense or the penalty imposed, or it may, if in order, acquit the defendant or order a new trial to be held. It may also annul, confirm or modify any or all proceedings subsequent to or dependent upon the resorted or appealed judgment.
The Supreme Court shall have the same powers in the writs of certiorari before it.
History —Dec. 25, 1995, No. 251, § 18, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 214 - REMISSION OF MANDATE AND REMAND OF THE RECORD ON APPEAL

Thirty (30) days after having entered the notice of judgment rendered in appeal or certiorari in the record, the complete record on appeal together with the mandate shall be remanded to the Court of First Instance, unless a motion for reconsideration or writ of certiorari before the Supreme Court has been granted or is pending resolution, or unless otherwise ordered by the Circuit Court of Appeals or by the Supreme Court. After the mandate is remitted, the Court of First Instance shall issue all other orders that are necessary for the execution of the judgment.
History —Dec. 25, 1995, No. 251, § 19, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 216 - RECONSIDERATION

The party that is adversely affected by a final resolution or judgment of the Circuit Court of Appeals may file a motion for reconsideration within the undeferrable term of fifteen (15) days from the date a copy of the notice of the resolution or judgment is filed in the record. The term to appeal to the Supreme Court shall start to count from the date a copy of the notice of the resolution or judgment of the Circuit Court of Appeals definitively resolving the motion for reconsideration is filed in the record.
History —Added on Dec. 25, 1995, No. 251, § 21, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XIV - APPEALS › Rule 217 - REVIEW OF JUDGMENT PRONOUNCED ON APPEAL; TERM

The judgment pronounced on appeal or certiorari, or the final resolution dismissing the writ of certiorari issued by the Circuit Court of Appeals, may be reviewed by the Supreme Court through certiorari to be issued at its discretion, and not otherwise. The writ of certiorari shall be filed within thirty (30) days from filing the notice of the judgment or the resolution of a motion for reconsideration as provided in Rule 216 of this appendix, in the record. This term is jurisdictional.
History —Oct. 24, 1968; June 26, 1974, No. 91, Part 1, p. 315; § 2; Dec. 25, 1995, No. 251, § 22, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 219 - BAIL; CONDITIONS; REQUIREMENTS

(a) Before conviction.— The conditions imposed and the bail furnished at any time before conviction shall insure the presence of the defendant before the magistrate or the corresponding court and his submission to all orders, summons and proceedings thereof, including the pronouncement and execution of sentence as well as the appearance of the defendant at the preliminary hearing in the appropriate cases, and which in its absence the sureties shall pay a specified amount of money to the Commonwealth of Puerto Rico.
(b) On appeal.— If defendant is admitted to bail after he has filed an appeal or petition for certiorari, the bail undertaking shall guarantee that the defendant, if the judgment is affirmed or modified, shall submit to the execution of the judgment and shall pay whatever costs may be imposed on him and as a consequence of his appeal; that if the judgment is reversed and the case is remanded for new trial, he shall appear before the court to which it is remanded and he shall submit to all orders, summons and proceedings of said court; that he shall not leave Puerto Rico without permission of the trial court and that in default thereof the sureties shall pay the Commonwealth of Puerto Rico a specific amount of money.
History —June 5, 1986, No. 39, p. 103, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 220 - BAIL; QUALIFICATIONS OF SURETIES

Every bond shall be signed or acknowledged before a magistrate or clerk, as the case may be, either by a company authorized to furnish bail in Puerto Rico; or by the Executive Director of the “Expedited Bail Project”, created by an Order issued by the District Court of the United States for the District of Puerto Rico on April 28, 1988, in the case of Carlos Morales Feliciano, et al. vs. Rafael Hernández Colón, et al., Civil Case No. 79-4 (PG), which for the purposes of this rule, shall be deemed to be a company authorized to furnish bail in Puerto Rico, specifically including, but without it being understood as a limitation, the authority to furnish surety or cash bail, including ten percent (10%) in cash of the total bail imposed whenever the judge or magistrate who imposes the bail, in the exercise of his/her discretion, deems it convenient or necessary to grant such benefit; be it by a surety, resident of Puerto Rico, who possesses real property in Puerto Rico not exempted from execution, for a value equal to the amount of bail, after having deducted any liens on said property, except that the magistrate or clerk before whom bond is furnished may allow more than one surety to bind themselves severally in lesser amounts, provided the total of the individual obligations is equal to twice (2) the amount of the bail. Wherever the term “sureties” is used in these rules, it shall be construed to read “surety or sureties”.
History —June 13, 1968, No. 84, p. 151; July 14, 1993, No. 24, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 221 - BAIL; SURETIES; JUSTIFICATION OF QUALIFICATIONS

Sureties not authorized to furnish bail in Puerto Rico must justify under oath taken before the magistrate granting bail, in all cases, that the assets offered as surety possess the qualifications provided in Rule 220. The magistrate shall examine the bondsmen under oath to determine if the property complies with the provisions of Rule 220 and shall draw up the minutes of the oral and documentary evidence offered.
In the event that bail is admitted with the securities offered, the court shall issue the corresponding writ, which shall be processed by the prosecutor, addressed to the property registrar in charge of the registration section in which the property offered as security is recorded, so that the lien imposed by the surety is recorded in the property registry and, consequently, shall have the same effects as a real mortgage right, although it shall not be necessary to appraise the property or properties for auctioning. The writ shall identify the property being encumbered and shall include all other information that could be necessary to achieve registration pursuant to the provisions of § 2001 et seq. of Title 30.
The registrar of deeds shall remit the registered surety document or any notice of defects found by mail. If the notice of registration indicates that the property does not meet the conditions of Rule 220, nor does it support the statements made under oath by the bailor, the prosecutor shall ask the court to revoke the bail and proceed according to law. When bail is cancelled, the court, by petition of the party, shall issue a new writ to the registry ordering that the lien be cancelled. The recording of bail shall be done by the property registrar free of charge.
History —July 9, 1986, No. 83, p. 266, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 222 - BAIL; DEPOSIT INSTEAD OF BAIL

The defendant may deposit the amount of bail in cash, instead of giving bail, and the deposit thus made shall guarantee compliance with the conditions stated in Rule 219 and the payment of costs and of any fine that might be imposed. The officer who accepts the deposit shall issue a certificate thereof and the defendant, upon delivering to the office in whose custody he is the order of his release, must be discharged from custody.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 223 - BAIL; SUBSTITUTION OF DEPOSIT FOR BAIL AND VICE VERSA

The deposit may be substituted by an undertaking and vice versa with the approval of the court, provided none of the conditions guaranteed is violated.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 224 - BAIL; SURETIES; EXONERATION BY SURRENDER OF THE DEFENDANT

Provided none of the conditions of the bond is breached, any surety may, in order to be exonerated, surrender the defendant, or the latter may surrender himself to the officer in whose custody he was committed at the time of giving bail, or might have been committed if none had been furnished, in the following manner:
(a) A certified copy of the undertaking of the bail or certificate of deposit must be delivered to the corresponding officer, who must detain the defendant in his custody as upon a commitment and he shall issue a certificate acknowledging the surrender.
(b) The officer shall send the certified copy of the bail and the certificate of surrender of the defendant to the court in which the action is pending and the court may, upon notice to the prosecuting attorney, to whom a copy of the undertaking and certificate shall be sent, order that the bail be exonerated or return the deposit.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 225 - BAIL; SURETIES; EXONERATION BY SURRENDER; ARREST OF DEFENDANT

For the purpose of surrendering the defendant, the sureties, at any time before they are finally discharged, and at any place within the territory of the Commonwealth of Puerto Rico, may themselves arrest him or by a written authority indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XV - GENERAL PROVISIONS › Rule 226 - BAIL; FORFEITURE OF COSTS OR FINE

Upon expiration of the term to appeal from a judgment imposing a fine, or a fine and costs on the defendant, or after five (5) days have elapsed from the receipt of the mandate affirming said judgment, the trial court in the event that the deposit mentioned in Rule 222 has been made, shall enter judgment ordering the forfeiture of the deposit up to the amount necessary to satisfy the payment of all the costs imposed including those on appeal, if any, and it may further direct the clerk to apply the necessary amount in satisfaction of the fine imposed. In the event that bail was furnished, the trial court may enter judgment directing the sureties to pay the costs, if they should not have been paid.