P.R. Laws Ap. tit. 34A, § II, Rule 242

2019-02-21 00:00:00+00
Rule 242. CONTEMPT

(a) Summary proceeding.— Criminal contempt may be punished in a summary way, provided, that the judge certifies that he saw or heard the behavior constituting contempt, and that it was committed in the presence of the court. The order convicting of contempt shall set forth the facts and be signed by the judge, and record thereof shall be kept in the minutes of the court.

(b) Ordinary proceeding.— Except as provided in subsection (a) of this rule, in every case of criminal contempt, the defendant shall be notified and given the opportunity to be heard. The notice shall state the place, time and date of the hearing, it shall grant the defendant a reasonable time to prepare his defense, it shall inform the defendant that he is charged with criminal contempt, and it shall set forth the essential facts constituting the same. The defendant shall have a right to be released on bail pursuant to the provisions of these rules. If the contempt is based on disrespectful acts or behavior towards a judge, the latter shall not try the case, except with the defendant’s consent.