P.R. Laws Ap. tit. 34A, § II, Rule 6
(a) Issuance of the warrant.— If the sworn complaint or one or more affidavits filed with the complaint, or the examination under oath of the petitioner or his/her witnesses, if any, establish probable cause to believe that an offense has been committed and that the defendant or defendants committed it, the magistrate must issue an arrest warrant for the defendants, except as provided in Rule 7(a). The Prosecuting Attorney shall have discretion to file charges in absentia against any defendant when he/she deems that there are justifying circumstances, except: (a) when the defendant notifies whether personally or through his/her legal representative that he/she is willing to appear at the Rule 6 hearing or the appeal thereof at the time and date set by the prosecutor; (b) when the defendant is detained and under state or federal custody in a penal institution; (c) when the work or home address of a defendant is available where he/she can be personally notified of the charges filed against him/her. The court shall evaluate the justification of the Prosecuting Attorney to file in absentia before making a determination. However, the magistrate shall show due deference to the Prosecuting Attorney’s determination that there are justifying circumstances to file charges in absentia. The finding of probable cause may be based on hearsay or belief, in whole or in part, provided there is substantial basis to believe that the hearsay or belief is credible. When more than one person is involved, the magistrate may issue a warrant of arrest for each one of them. The magistrate shall state in the complaint the name of the persons examined by him/her to determine probable cause.
The magistrate may also determine that there is probable cause to believe that an offense has been committed without the need of filing a complaint before him when he has examined under oath a witness or witnesses that have personal knowledge of a criminal act. In such cases, the magistrate, in addition to the issuance of the warrant of arrest or summons, shall draw up a brief and concise minutes in which he expresses the facts of the offense for which he determined probable cause, the date, time and place they were committed, the offense charged and the name and address of the witness or witnesses examined by him under oath to determine probable cause.
In this determination of probable cause, the defendant shall be entitled to legal counsel, to cross-examine the witnesses against him and to introduce evidence in his favor.
Any magistrate may issue a warrant of arrest against a person charged with the commission of an offense, even though the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In such case, after issuing the warrant of arrest and complying with the preliminary procedures established in these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.
(b) Form and requirements of warrant of arrest.— The warrant of arrest shall be issued in writing in the name of The People of Puerto Rico and shall contain the signature and the official title of the magistrate by whom it is issued, and addressed to one, several or any peace officer to be executed. It shall direct the arrest of the person or persons against whom the offense is charged and that, once they have been arrested, they shall be brought without unnecessary delay before a magistrate, as provided by Rule 22(a). The warrant shall also describe the offense alleged in the complaint and shall contain the name of the person or persons to be arrested and, if the names are unknown, it shall designate the said persons by the most adequate description possible by which they can be identified with reasonable certainty. The warrant shall also set forth the date and place of its issuance and the amount of the bail fixed by the issuing magistrate.
(c) If, from the sworn complaint or of the sworn statement or statements submitted with it, or from the examination under oath of the complainant of his witnesses, if any, the magistrate should determine the nonexistence of probable cause, no complaint or accusation may be submitted. In such case, or when the determination of probable cause were for a lesser offense or different from that which the prosecutor finds is in order, he may submit the matter once again with the same or other evidence to a magistrate of a higher rank of the Court of First Instance. The magistrate, once he has said petition before him, shall promptly issue or direct the clerk of the court to serve a summons to the defendant as well as to the witnesses of the charges of record which shall be served by the marshalIs of the court or their delegates.
History —Feb. 8, 1966; July 9, 1986, No. 80, p. 259, § 1; June 19, 1987, No. 29, p. 91, § 2; Dec. 8, 1990, No. 26, p. 1516, § 1; Dec. 27, 2011, No. 281, § 1.