P.R. Laws tit. 34, § 2215
(a) Petition by the Advocate.— The court, by petition of the Advocate, may waive its jurisdiction over a minor who is over fourteen (14) and under eighteen (18) years of age, who is charged with committing any Class II or III offense. The Advocate may file the well-founded petition when he/she deems that it shall not be in the best interest of the minor and of the community to try the case under the provisions of this chapter.
The Advocate may file the petition for waiver of jurisdiction in the following cases:
(1) When a minor who is older than fourteen (14) years of age is charged with acts constituting murder in the modality under the authority of the court, any other first degree felony and any other offense that arises from the same transaction or event.
(2) When a minor is charged with a Class II or III offense and has previously been adjudicated a Class II or III offense, incurred between the ages of fourteen (14) and eighteen (18) years.
The Prosecutor shall be bound to notify the court as to the lack of jurisdiction in these cases excluded from its authority by the express provisions of this chapter.
(b) Hearing.— The court, after due notice, shall conduct a hearing to waive jurisdiction.
(c) Factors to be considered.— In order to determine the legal basis for the waiver referred to in subsection (a) of this section, the court shall examine the following factors:
(1) Nature of the offense the minor is charged with and the circumstances surrounding it.
(2) Previous legal record of the minor, if any.
(3) Social record of the minor.
(4) If his socioemotional record and his attitude towards authority make it necessary to establish controls with respect to his behavior that cannot be offered in custody centers or in the social treatment institutions available to the court.
History —July 9, 1986, No. 88, p. 276, § 15; June 19, 1987, No. 34, § 3; July 13, 1988, No. 94, p. 384, § 2; June 29, 1989, No. 14, p. 64, § 3; Dec. 8, 1990, No. 28, p. 1526, § 2; July 19, 1991, No. 19, § 3; Sept. 16, 2004, No. 334, § 3, eff. May 1, 2005.