If the motion is based on a defect in the information, complaint or bill of particulars 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 a defect in the institution of the prosecution or in the information or complaint, it may also order the defendant to be held in custody or that his bail be continued for a specific time, pending the filing of a new information or complaint. Nothing contained herein can affect the provisions for prescription terms.
Puerto Rico Legal Code