P.R. Laws tit. 34, § 2212

2019-02-21 00:00:00+00
§ 2212. Prosecutor for Minors’ Affairs

A Prosecutor for Minors’ Affairs shall participate in all affairs concerning minors before the consideration of the court. This Prosecutor shall be designated exclusively to perform his/her duties in the matters covered by this chapter.

(a) Powers of the Prosecutor for Minors’ Affairs.— The Prosecutor shall be an Assistant Prosecuting Attorney of the Court of First Instance vested with all the powers and duties inherent to his position and all those attributes stated herein, with the purpose of validating the precepts and measures expressed in this chapter.

(b) Duties of the Prosecutor.— The Prosecutor shall have the following functions:

(1) To conduct the investigation of the facts in all the cases in which the commission of an offense is alleged.

(2) To represent the Commonwealth in any procedure of an adversary nature and produce evidence to uphold the complaint.

(3) In all cases in which probable cause is found, he shall file the corresponding complaint and refer the minor and his parents or tutors to the Family Relations Specialist for study, and the drafting of a social report.

(4) He may request the dismissal of the complaint if the same is not legally sufficient to initiate the process, in which case and at his discretion, he may refer the minor, his parents or tutor to the Family Relations Specialist, so that said specialist may counsel them on the agencies or social bodies that can attend to their needs, if the circumstances thus warrant it.

(5) He shall make agreements with the minor, his attorney and his parents or tutors to request the court to remove itself from the procedure pursuant to § 2221 of this title.

(6) He shall investigate the detentions of minors in adult correctional institutions, negotiate their release from jail and shall continue with the procedures in the best interest of the minors.

(7) He shall make the necessary arrangements for the Judge to appoint a tutor or custodian for the minor when the latter has no one to be responsible for his legal custody.

(8) He shall initiate the procedures and submit petitions to the court on the waiver of jurisdiction and revocation of parole.

(9) Enter into plea bargaining arrangements in conformity with the principles and procedures contemplated in this chapter and in any other applicable regulations.

(10) He/she shall execute any other duties needed for the performance of his/her office.

History —July 9, 1986, No. 88, p. 276, § 12; Apr. 2, 2007, No. 30, § 1.