P.R. Laws Ap. tit. 32A, § IV, Rule 46

2019-02-20 00:00:00+00
Rule 46. Conviction of crime

(A) Subject to the provisions of paragraph (B) of this rule, for the purpose of attacking the credibility of a witness evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record, but only if the crime, regardless of its classification, involves dishonesty or false statement.

(B) Evidence of prior convictions brought to attack the credibility of a witness is inadmissible unless the judge determines, in the absence of the jury, that its probative value, considering all the facts and circumstances of the case, substantially outweighs its prejudicial effect.

(C) For the purpose of attacking the credibility of a witness, evidence of prior convictions shall be inadmissible if said conviction is remote. A conviction may be considered remote if, at the time of trial, a period of more than ten (10) years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date.

(D) Evidence of a conviction is not admissible under this rule if the conviction has been the subject of a pardon, annulment or its equivalent, based on a finding of innocence or rehabilitation.

(E) Evidence of juvenile adjudication is generally inadmissible for the purpose of attacking the credibility of a witness. But in a criminal case the court in its discretion may admit evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult, and the court considers the admission necessary for a fair determination of the guilt of the accused.

(F) The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.

History —Amended July 20, 1979, No. 180, p. 489, § 1, eff. Oct. 1, 1979.