P.R. Laws Ap. tit. 34A, § II, Rule 162.4

2019-02-21 00:00:00+00
Rule § 162.4. SENTENCE; EVIDENCE OF EXTENUATING OR AGGRAVATING CIRCUMSTANCES

The defendant, as well as the prosecuting attorney, may request the court to hear evidence of extenuating or aggravating circumstances for the purpose of imposing the penalty. If it appears from the allegations submitted that there is a real controversy over a material fact that requires the presentation of evidence, the court shall then hold a hearing as soon as possible, in which:

(a) The prosecuting attorney may present evidence of aggravating circumstances which, in his judgment, justify that a strict sentence be pronounced or that the effects thereof should not be suspended or, in the opposite case, that stricter conditions be imposed.

(b) The defendant may present evidence of extenuating circumstances which, in his judgment, justify a lenient sentence or that the effects thereof be suspended.

History —Added on June 4, 1980, No. 103, p. 334, § 2, eff. 9 months after June 4, 1980.