P.R. Laws Ap. tit. 34A, § II, Rule 24
(a) In the District Court.— When pursuant to the provisions of Rule 22(c) the record of a case is received by the clerk of any part of the District Court of First Instance, the trial of the case shall be held in the said part, and the complaint transmitted by the magistrate shall be the basis for the same.
(b) In the Court of First Instance.— When the record is sent to the clerk of any part of the Court of First Instance Section of the Court of First Instance, the secretary shall forthwith remit it to the prosecuting attorney of said part, who shall file the appropriate accusation if it is a case where the corresponding accusation has not been filed pursuant to the provisions of Rule 6(a). If for a justifiable cause, the prosecuting attorney considers that the information should not be presented, he shall file the record with the clerk of the appropriate part with an endorsement to that effect. The clerk, subject to the approval of the court, shall file it and enter said cause in the “Registry of Cases Dismissed” which he shall keep in his office, and shall forthwith issue an order releasing the defendant, if he is under custody. If he has been admitted to bail, the bond shall be cancelled from the time the case was dismissed and, if money instead of bail had been deposited, the same shall be refunded to him once the dismissal of the information has been established.
If in the opinion of the prosecuting attorney the trial for the offense charged against the defendant should be held in any of the parts of the District Court of First Instance, the prosecuting attorney shall send the record to said part within ten (10) days after he received it, so that this part may continue the proceeding as provided in subsection (a) of this rule.
(c) Effects of the determination that there is no probable cause.— If after the preliminary hearing in the cases where it is in order the magistrate decides that there is no probable cause, the prosecuting attorney shall not present any information whatever. In this case, or when it is determined that there is probable cause of an offense inferior to the one charged, the prosecuting attorney may submit the case again on the same or on different evidence to a magistrate of higher rank in the Court of First Instance.
(d) Effect of waiver of jurisdiction determination in procedures concerning minors.— When the record is transferred to the secretary of the Superior Section of the Court of First Instance pursuant to court order of waiver of jurisdiction over a minor, the secretary shall refer said record immediately to the district attorney. The district attorney shall file the corresponding complaint within fifteen (15) days following receipt of notice of the waiver.
Neither a hearing to determine probable cause for arrest pursuant to Rule 22, nor the preliminary hearing pursuant to Rule 23 shall be necessary, where a previous determination by a magistrate pursuant to Rules 2.9 and 2.10 of Procedure in Matters Concerning Minors, App. I-A of this title, does exist.
History —July 9, 1986, No. 80, p. 259, § 2; June 19, 1987, No. 29, p. 91, § 7; Aug. 22, 1990, No. 55, p. 221, § 1, eff. 30 days after Aug. 22, 1990.