P.R. Laws Ap. tit. 34A, § II, Rule 35
The indictment and the complaint shall contain:
(a) The title of the action, specifying the division and the part of the Court of First Instance to which the same is presented. In a complaint, the judge shall order the appropriate amendment in the title thereof, specifying his/her court in place of the magistrate before whom the complaint was brought.
(b) The identification of the defendant by his/her real name or by the name by which he/she is generally known. If his/her name is unknown, it shall be so stated and he/she shall be designated by a fictitious name.
If the name of the crime suspect is unknown (because he/she refuses to provide it or there is no way to verify it), an indictment may be issued against him/her with the description of the genetic or deoxyribonucleic acid (DNA) profile.
In no case shall it be necessary to prove that the prosecuting attorney or the complainant does not know the defendant’s real name. To identify any person other than the defendant, it shall suffice to identify him/her in the manner provided for a defendant in this rule.
If the defendant is a corporation or partnership it shall suffice to state its corporate or trade name, or any other name or denomination by which the defendant is or may be known or identified, without the need of alleging that it is a corporation or partnership nor how it was organized or incorporated. To identify any corporation or partnership other than the defendant, it shall suffice to identify it in the manner provided in this rule for a defendant corporation or partnership.
To make reference to any group or association of persons other than a corporation or partnership, it shall suffice to state the name of said group or association or the name by which it has been or is known, or to state the names of all the persons belonging to said group or association, or the name of only one or several of said persons, and to refer to the rest as “and others”.
When reference is made to any person or entity other than the defendant, in no case shall it be necessary to allege or prove that the prosecuting attorney or the accuser do not know the real name of the person or entity.
(c) A statement of the essential facts constituting the offense charged, in ordinary, plain and concise language, and in such manner as to enable a reasonable person to know what is intended. The words used in said statement shall be construed in their usual acceptance in common language, except for such words and phrases that are defined by law or jurisprudence, which shall be construed according to their legal meaning. Words used in said statement need not cite the strict letter of the law but may use other words that convey the same meaning. In no case shall it be necessary to set forth in the indictment or complaint any presumptions of law or matters of judicial notice.
(d) The official citation of the statute, rule, or regulation that the defendant is alleged to have violated, but an error in the citation or its omission shall be construed as a defect of form.
(e) The signature and oath of prosecuting attorney or the accuser as provided by Rules 5 and 34, respectively.
History —amended Dec. 30, 2010, No. 252, § 2.