Esta ley enmienda la Regla 23 de las Reglas de Evidencia de 1979 para que el privilegio del acusado de no testificar en un caso penal dependa de la interpretación jurisprudencial de las cláusulas constitucionales aplicables, en lugar de que la regla establezca su alcance.
(Approved September 23, 2004)
To amend Rule 23 of the Rules of Evidence of 1979, as amended, the privilege of a defendant, so that the Rule does not provide on the scope of the privilege, and neither does it restrict or broaden it, but rather that its content shall depend upon the jurisprudential construal of the constitutional clauses that may apply.
In our jurisdiction, the Law of Evidence establishes the rules for the introduction, rejection, admission, evaluation and sufficiency of the proof presented by the parties in a judicial procedure, for the purpose of discovering the truth and making fair, speedy and economical adjudications. The purpose of the Law of Evidence is to guarantee the trustworthiness of the evidence introduced; to exclude any evidence that does not have evidentiary value or which violates constitutional principles; to protect the rights of the parties, especially the rights of the accused; avoid confusing the jury or using criteria foreign to justice in order to decide cases; and to direct the power of the judges when establishing the guidelines for the evaluation of the evidentiary value of the evidence. In summary, they are the rules that shall determine the proof that shall reach the judge of the facts, be it a judge or a jury, and which intend to guarantee justice in legal proceedings. See,
Emmanuelli; R., Prontuario de Derecho Probatorio de Puerto Rico, FDEMH Publications, 1994.
The privilege of the defendant originates from the Fifth Amendment of the Constitution of the United States of America and Section 11 of Article II of the Constitution of the Commonwealth of Puerto Rico. This privilege protects the rights of the defendant or accused in a criminal case to remain silent and to not testify, and that no comment whatsoever is to be made and no inference shall be drawn against him/her for this. This sight, of constitutional rank is activated even in the phases prior to the initiation of the penal action when the legal machinery of justice centers upon an individual who is a suspect, object of an investigation and subject to interrogation.
It is necessary to amend Rule 23 so that the privilege contained therein remains subject to the construal of the courts, pursuant to the Constitution of the United States and the Constitution of the Commonwealth of Puerto Rico, thus preventing evidence law from establishing a specific scope of the same.
The Legislature deems it prudent and necessary to amend Rule 23 of the Rules of Evidence of 1979, as amended, the privilege of a defendant, so that the Rule does not provide the scope of the privilege, and neither does it restrict or broaden it, but rather that its content shall depend upon the jurisprudential interpretation pertinent of the constitutional clauses.
Section 1.- Rule 23 of the Rules of Evidence of 1979, as amended, is hereby amended to read as follows: "Rule 23.- Privileges of Defendant In the measure recognized in the Constitution of the United States or in the Constitution of the Commonwealth of Puerto Rico, a defendant accused in a criminal case has the right not to be called as a witness and not to testify,
and no inference shall be drawn against him/her for the exercise of such right."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 453 (S.B. 2227) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Rule 23 of the Rules of Evidence of 1979, as amended, the privilege of a defendant, so that the Rule does not provide on the scope of the privilege, and neither does it restrict or broaden it, but rather that its content shall depend upon the jurisprudential construal of the constitutional clauses that may apply, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $5^{ ext {th }}$ of April of 2006.
Francisco J. Domenech Director