P.R. Laws Ap. tit. 34A, § 1–A, Rule 2.17

2019-02-21 00:00:00+00
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.