P.R. Laws Ap. tit. 32A, § IV, Rule 15

2019-02-20 00:00:00+00
Rule 15. Effect of presumptions in criminal cases

(a) In a criminal action, when a presumption affects the defendant, it has the effect of imposing upon him the burden of producing evidence to rebut the presumed fact, save statutory provisions to the contrary. If reasonable doubt arises from the evidence regarding the presumed fact, the presumptions shall be rebutted. The presumption shall not change the burden of proof as to the elements of the crime or rebut a defense asserted by the defendant.

(b) When the presumption is favorable to the defendant, it shall have the same effect as what was provided in Rule 14 of this appendix.

(c) When instructing the jury as to the effect of a presumption against the defendant, it shall be stated that:

(1) It shall suffice for the defendant to raise a reasonable doubt as to the presumed fact to rebut the presumption, and

(2) the jury is not bound to deduce the presumed fact, even when the defendant did not offer any evidence to the contrary, but the jury may be instructed that if it considers that the basic fact has been proved, it may deduce or infer the presumed fact.

History —Aug. 6, 2008, No. 160, § 1.