A resolution granting a motion to dismiss shall not bar the initiation of other proceedings for the same offense, unless the alleged defect or objection is incurable or, in case of Class I offenses, said motion did lie because it violates the terms established for the adjudicative hearing.If the motion is based upon defects of the complaint curable by amendment, the court shall order the amendment to be made and deny the motion. If the court should grant a motion based on curable defects in the filing, proceedings, or the complaint, it shall order the minor to remain under the court’s jurisdiction, under the same present conditions, for a specific term, subject to the filing of a new complaint. Nothing of the aforesaid shall affect the provisions regarding statute of limitation. A resolution granting a motion to dismiss shall not bar the initiation of other proceedings for the same offense, unless the alleged defect or objection is incurable or, in case of Class I offenses, said motion did lie because it violates the terms established for the adjudicative hearing.If the motion is based upon defects of the complaint curable by amendment, the court shall order the amendment to be made and deny the motion. If the court should grant a motion based on curable defects in the filing, proceedings, or the complaint, it shall order the minor to remain under the court’s jurisdiction, under the same present conditions, for a specific term, subject to the filing of a new complaint. Nothing of the aforesaid shall affect the provisions regarding statute of limitation.
Puerto Rico Legal Code