P.R. Laws Ap. tit. 34A, § II, Rule 247
(a) By the Secretary of Justice or prosecuting attorney.— The Secretary of Justice or the Prosecuting Attorney may dismiss an indictment or complaint with respect to all or some of the defendants with or without prejudice to a new action. Except as provided in subsection (c) of this Rule, said dismissal shall not be requested during the trial without the consent of the defendants.
(b) By the court; order.— When it is deemed convenient for the furtherance of justice and upon holding a hearing in which the prosecuting attorney shall participate, the court may order the supersession of a charge or complaint. The causes for the supersession shall be set forth in an order issued to such effects, which shall be attached to the record of the proceeding.
(c) Exclusion of defendant to give testimony.— When two (2) or more persons are included in the same charge, the court may, at any time after the beginning of the trial but before the defendants have commenced their defense, direct that any defendant may be excluded therefrom, so that he may be a witness for the People of Puerto Rico. When two (2) or more persons are included in the same charge, and the court is of the opinion that there is insufficient evidence with regard to a particular defendant to charge him with the offense, it shall order him to be excluded from the proceeding before the period for producing evidence has ended, so that he may be a witness for his codefendant.
(d) Effects.— The dismissal provided in this Rule shall preclude a new proceeding for the same facts only when subsection (c) of this rule applies, when the court so determines pursuant to subsection (b) of this Rule or when a misdemeanor is involved.
History —July 1, 1988, No. 53, p. 254, § 1, eff. 90 days after July 1, 1988; Dec. 27, 2011, No. 281, § 9.