P.R. Laws Ap. tit. 34A, § II, Rule 243

2019-02-21 00:00:00+00
Rule 243. PRESENCE OF DEFENDANT

(a) Felonies.— In every prosecution of a felony, the defendant must be present at the arraignment, and at every stage of the trial, including the impanelling of the jury and the return of the verdict or judgment, and the pronouncement of judgment. If the defendant, after having appeared at the arraignment and after having been informed of Rule 58 and summoned for trial, fails to appear, the court, after inquiring into the causes, may try him in absentia until the return of the verdict or judgment and the pronouncement of judgment, provided that he is represented by counsel. If the defendant does not return to the courtroom, during any stage of the trial, for the continuation of the same, the court, after inquiring into the causes, may issue a bench warrant, but in any case, the voluntary absence of the defendant shall not prevent continuing the trial to and including the return of the verdict or judgment and the pronouncement of sentence.

(b) Misdemeanors.— In a prosecution for a misdemeanor, the court may proceed with the arraignment of the defendant, the trial, the judgment, and the pronouncement of judgment, and it may receive a plea of guilty in the absence of the defendant, provided that he is represented by counsel. If the defendant’s presence is necessary, the court may, by an order or warrant, require his personal appearance. In cases of misdemeanor, the court may proceed as provided in the exception of subsection (a), when the circumstances are those contemplated therein.

(c) Corporations.— A corporation may appear by counsel for all purposes.

(d) Defendant’s conduct.— In a prosecution for a felony or a misdemeanor, if the defendant’s conduct hinders the normal development of the trial, the court may:

(1) initiate a contempt action, or

(2) take pertinent coercive measures, or

(3) order that the defendant be taken away and continue the proceedings in absentia.

History —July 23, 1974, No. 138, Part 1, p. 645, § 2; June 3, 1980, No. 94, p. 254, § 1.