In a criminal action the defendant is entitled:
(1) To a speedy and public trial.
(2) To be allowed counsel, or to appear and defend in person and with counsel.
(3) To produce witnesses on his behalf.
(4) To be confronted with the witnesses against him in the presence of the court, except the where the charge has been preliminarily examined before a prosecuting attorney or a justice of the peace, or where the testimony of a witness on the part of the People who is unable to give security for his appearance has been taken in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within Puerto Rico. The examination of witnesses by the prosecuting attorney as provided for in section three must be in private, and he shall not interrogate witnesses produced for the defendant except during the public trial.
(5) In every judicial procedure or prior thereto, where a person with impaired hearing is a suspect, is charged or accused of a crime or a misdemeanor, as well as in subsequent procedures to the person’s conviction, he/she shall be guaranteed, inasmuch as possible, that he/she will have freedom of motion of his/her hands in order to be able to communicate thereby. The judge or the official in charge shall determine whether this is possible, or if other measures are needed that will not interfere with the capability of the audio-impaired person to communicate, and that are adequate to insure his/her safety, and that of the public and the officials of the court or the agency concerned.
History —Code Crim. Proc., 1935, § 11; Aug. 21, 1999, No. 285, § 1.