P.R. Laws Ap. tit. 34A, § II, Rule 72
In all those cases in which plea bargaining is involved between the counsel for the defense and the prosecution, the following procedure shall be observed:
(1) The prosecutor and the accused, through his counsel, may initiate conversations with the purpose of agreeing that in exchange for a plea of guilt in the charge or accusation, or for one of a lesser or related charge, the prosecutor binds himself to one or several of the following courses of action:
(a) to petition for the filing of other charges pending upon him;
(b) to eliminate the plea of recidivism in any of its degrees;
(c) to recommend a specific verdict or not oppose the defense counsel’s petition on a specific verdict, it being understood that neither one or the other shall be binding on the court, or
(d) to agree that a certain specific verdict is the one that adequately disposes of the case. The court shall not participate in these discussions.
(2) If they reach an agreement, the parties shall advise the court of its details in open court or in the judge’s chambers if there were just cause therefor. Said agreement shall go on the record. If the accused refers to any of the courses of action specified in clauses (a), (b), and (d) of subsection (1), the court may accept it or reject it, or postpone its decision until it has received and considered the presentencing report. If the course of action agreed upon were of the type specified in clause (c) of said subsection, the court shall advise the accused that if the prosecutor’s recommendation or the defense attorney’s petition is not accepted by the court, the accused shall not be entitled to withdraw his plea.
(3) If the plea bargaining is accepted by the court, it shall advise the accused that it shall be included and shall become a part of the verdict.
(4) If the plea bargaining is rejected by the court, it will so inform the parties and shall advise the accused personally in open court or in the judge’s chambers if there is just cause therefor, that the court is not bound by the agreement, and shall give the accused the opportunity to withdraw his plea. He shall also advise him that if he insists on his guilty plea, the final determination of the case could be less favorable than what was agreed upon between his counsel and the prosecutor. This procedure shall be included in the record.
(5) The notice of plea bargaining to the court shall be made before the trial, preferably during the arraignment, but the court may allow it to be given at any other time at its discretion, if the circumstances warrant it.
(6) The existence of a plea bargaining, its terms and conditions, and the details and talks leading thereto, shall not be admissible against the accused in any criminal, civil or administrative action if the plea bargaining were rejected by the court, or voided in any subsequent action, or legally withdrawn by the accused. The above shall be admissible by exception in a criminal action for perjury against the accused based on statements made by him under oath.
(7) When deciding on the acceptance of a plea bargain, the court shall ascertain that the same has been done with the full knowledge, agreement and consent of the accused; that it is convenient for the sound administration of justice and has been achieved in accordance with the law and ethics. To this end, the court may require the prosecutor and the defense counsel to furnish all such information, data and documents in their power and which it deems necessary, and may examine the accused and any other person that in its judgment may be convenient.
The court, prior to accepting a plea bargain, shall state for the record, to the accused the following warning:
“If you are not a citizen of the United States, you are herein warned that a conviction for the crime you are accused of can have consequences such as deportation, refusal of entrance to the United States or refusal of naturalization pursuant to the laws of the United States.”
If requested, the court shall grant the accused an additional term to consider whether the plea bargain is the adequate action in view of the warning described in this Rule.
History —July 13, 1988, No. 85, p. 353; Sept. 2, 2000, No. 337, § 1; Sept. 15, 2004, No. 317, § 9.