Esta ley enmienda la Regla 24 de las Reglas de Evidencia de 1979 para eliminar las referencias a la inmunidad transaccional y establecer que el privilegio de autoincriminación se interpretará según las Constituciones de Puerto Rico y de Estados Unidos. Se alinea con la inmunidad de uso derivado y la Ley Núm. 27 de 1990 sobre inmunidad a testigos.
| (No. 454) | |
|---|---|
| (Approved September 23, 2004) |
To amend Rule 24 of the Rules of Evidence of 1979, as amended, on selfincrimination, to eliminate all references to transactional immunity and to provide that the privilege of self-incrimination shall be subject to the interpretation thereof at the jurisprudential level of the Constitution of the Commonwealth of Puerto Rico and the Constitution of the United States of America.
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. Thus, they are the rules that shall determine the evidence 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.
Rule 24 originates from the provisions of 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. Said provisions establish the fundamental right of all citizens to not self-incriminate through their own testimony. This is a fundamental right within the legal code of citizen liberties because it prevents undue intervention of the State in the personal ambit of individuals to force them into testifying against themselves, whether truthfully or falsely.
The Legislature of Puerto Rico deems it prudent and necessary to amend Rule 24 of the Rules of Evidence of 1979, as amended, on selfincrimination, to adjust the Rule to derivative use immunity pursuant to the resolution of Kastigan v. U.S., 406 U.S. 441 (1972) and to the provisions in the Act for the Proceedings and Granting of Immunity to Witnesses, Act No. 27 of December 8, 1990.
Section 1.- Rule 24 of the Rules of Evidence of 1979, as amended, is hereby amended to read as follows: "Rule 24.- Self-incrimination Insofar as it is so acknowledged in the Constitution of the United States or the Constitution of the Commonwealth of Puerto Rico, all persons have the privilege to refuse to disclose any matter that may tend to incriminate him/her."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 454 (S.B. 2228) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Rule 24 of the Rules of Evidence of 1979, as amended, on selfincrimination, to eliminate all references to transactional immunity and to provide that the privilege of self-incrimination shall be subject to the interpretation thereof at the jurisprudential level of the Constitution of the Commonwealth of Puerto Rico and the Constitution of the United States of America, 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