P.R. Laws Ap. tit. 34A, § 1–A, Rule 4.1

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