P.R. Laws Ap. tit. 34A, § II, Rule 38
(a) Removal of defects of form.— If the indictment, complaint, or bill of particulars has any defect, error, or omission of form as mentioned in Rule 36, the court may allow the amendments needed to cure it. If no amendments are made, once the verdict of the jury is returned or the judgment entered, said defect, error, or omission shall be deemed cured.
(b) Removal of defect of substance.— If the indictment or complaint has a substantial defect or omission, the court wherein the proceeding was originated may allow the necessary amendments to cure said defect or omission at any time before the conviction or the acquittal of the defendant. If the defect is in the indictment, the defendant shall have a right to a new arraignment. If the defect is in the complaint, the defendant shall be entitled to have the trial held five (5) days after the amendment is made.
(c) Addition of counts or of defendants.— Before the start of the trial, the District Court may allow amendments to be made to the complaint to add new counts or new defendants against whom the preliminary proceedings provided in Rules 6, 7, and 22 have been held. In such cases, the defendants shall be entitled to have the trial held five (5) days after the amendment is made.
(d) Variance between pleadings and the evidence.— The court may allow amendments to be made to the indictment, complaint, or bill of particulars at any time before the conviction or acquittal of the defendant, in case there is a variance between these pleadings and the evidence. Variance between the pleadings and the evidence shall not constitute grounds for the acquittal of the defendant; however, the court shall, provided that the defendant does not oppose it, postpone the trial if the substantial rights of the defendant have been impaired, to hold it before another jury or before the same court if the trial is not by jury, and as determined by the court.
If the nature of the discrepancy or variance is such that the evidence establishes an offense that is different from the one charged against the defendant and not included therein, or if it establishes an offense beyond the jurisdiction of the court, the jury shall be discharged and the case shall be dismissed.
(e) Identification by fictitious name and by means of DNA profiling.— The court shall allow amendments to an indictment issued with a fictitious name in order to identify a person who has been previously identified by means of DNA profiling and a fictitious name by his/her true name or alias, as provided in Rule 5.
History —amended Dec. 30, 2010, No. 252, § 3.