P.R. Laws Ap. tit. 34A, § II, Rule 131.1
Under specific conditions and circumstances, the interrogation of the underage victim or witness may be conducted according to the procedure established herein. Provided, That for the purposes of this rule and Rules 131.2 and 131.3 of this appendix, the term “minor” shall mean any person who has not attained the age of eighteen years and any person over eighteen (18) years of age who suffers from a disability or mental retardation which has been previously judicially determined or established through expert evidence or by stipulation of the parties.
(1) Conditions.— The court may order, motu proprio, or at the request of the prosecution, or of the witness or victim who is a minor, that the latter can testify outside the courtroom during the proceeding through the use of a one or two-way closed circuit television system, if the following conditions concur:
(a) The minor offers testimony during the judicial process, and
(b) the judge has previously determined during the proceeding that, due to the presence of the defendant, it is likely that the minor, although competent to testify, would suffer grave emotional distress, which would prevent him/her to communicate effectively, and
(c) at the time of testifying, the minor is under oath or affirmation, and has been duly admonished.
(2) Persons that may be present in the place where the minor gives testimony.— Only the persons listed hereinbelow shall be admitted to the place where the minor gives testimony:
(a) The prosecutor in charge of the case;
(b) the defense attorney;
(c) the closed-circuit equipment operators;
(d) any support personnel, as this term is defined in Rule 131.3 of this appendix, to be determined by the court.
The judge, the defendant, the jury, and the public shall remain in the courtroom while the minor testifies through the one or two-way, closed-circuit system. The defendant and the judge shall be allowed to communicate with the persons present in the place where the minor is testifying by using the electronic equipment suited for those purposes. The defendant will be able to simultaneously observe and hear the minor testify, but the minor shall not be able to see the defendant, except when a two-way system is authorized. Only the prosecutor in charge of the case, the defense attorney, and the judge may interrogate the minor during his/her testimony.
(3) Determination of need.— To determine whether it is likely that the minor could suffer grave emotional distress that could prevent him/her from communicating effectively if he/she has to testify before the defendant, the judge may observe and interrogate the minor in or outside the court, and also hear the testimony of the parents, guardians, custodians, tutor, or guardian ad litem of the minor, and any other person who, in the discretion of the judge, contributes to the welfare of the minor, including the person or persons who have interacted with the minor in a therapeutic environment, due to the nature of the crime.
(a) The defendant, the defense attorney, and the prosecutor in charge of the case shall be entitled to be present when the judge hears testimony to determine whether he/she authorizes the victim who is a minor, to testify outside of the courtroom where trial is being held, by means of the one or two-way, closed-circuit system.
(b) If the judge decides to observe or interrogate the injured minor, in order to make the determination provided in clause (a) of this section, the defense attorney and the prosecutor in charge of the case shall be present
(4) Applicability.— The provisions contained in this rule shall not apply when the defendant appears pro se.
(5) Identification of the defendant.— For the victim to identify the defendant, both shall be required to appear in the courtroom after the minor has testified.
History —Added on Mar. 16, 1995, No. 31, § 1; Aug. 15, 1998, No. 247, § 1, eff. 30 days after Aug. 15, 1998.