P.R. Laws Ap. tit. 34A, § II, Rule 198
Except in the case of an offense involving imprisonment for ninety-nine (99) years, a defendant shall be admitted to bond after being convicted if he files a writ of appeal or certiorari before the Circuit Court of Appeals:
(a) As an issue of law, when a judgment appealed is imposing only a fine.
(b) As an issue of law, when a judgment is appealed imposing imprisonment for misdemeanors.
(c) At the discretion of the trial court or the Circuit Court of Appeals, in all other cases. No bond shall be admitted in the latter cases when the petition filed fails to raise a substantial issue or when the nature of the crime or the character and criminal record of the defendant makes the imprisonment of the defendant while the petition is pending advisable, in the judgment of the court and for the protection of society. No bond shall be admitted in these cases without first giving the prosecuting attorney of the corresponding part the opportunity to be heard. Except in truly urgent situations or when it would be impractical, the petition for bond shall be filed in first place with the sentencing court, and should it be denied, it may be filed with the Circuit Court of Appeals, together with copies of the petition filed with the sentencing court, stamped with the date and hour of its filing, and of the decision, as well as a transcript of the evidence, if any, and a brief report stating the grounds for which the resolution is deemed to be erroneous.
The Supreme Court may, in the exercise of its discretion, allow bail in writs of certiorari under its consideration, when the same has been denied by the Circuit Court of Appeals. No bail shall be admitted in the latter cases when the writ does not raise a substantial issue or when the nature of the crime or the character and penal background of the defendant make it advisable, in the judgment of the Court and for the protection of society, that the convict should remain imprisoned while the petition is pending hearing. No bail shall be admitted in these cases without first giving the Attorney General the opportunity to be heard. Except in truly urgent situations or when it would be impractical, the petition for bail shall be submitted in first place with the Circuit Court of Appeals, and if denied, it may be filed with the Supreme Court, together with copies of the petition to the Circuit Court of Appeals, stamped with the date and hour of its filing, and of the decision, as well as a transcript of the evidence, if any, and a brief report stating the grounds for which the resolution is deemed to be erroneous.
History —June 4, 1980, No. 103, p. 334, § 1; Dec. 25, 1995, No. 251, § 5, eff. May 1, 1996.