In Puerto Ricowhose system of justice It is of Anglo -Saxon origin, 95 percent of the Processes are negotiatedeven many that have to do with crimesbecause, according to members of the island’s judiciary, the courts would collapse if all files are known until the end of the litigation.
With a population of just over 3.2 million inhabitants, the associated free state of Puerto Rico has a total of 40 courts located in 13 jurisdictions and, of agreement with the Law No. 201-2003of the Judiciary, the Judiciary “must [promover ] a less litigious society. “
The arrangements are even reached, although less frequent, in cases of murderswith the Admission of the faults for a more benign period of seclusion.
The sorrows for murders in Puerto Rico They are 99 years, but they can reach the 140 years in prison If other crimes concur such as the violation of the weapons law.
“In cases of murders It is not so frequent to reach talks As in the rest of the cases, “said the Administrator Judge of the jurisdiction of Bayamón, Carmen Otero Ferreiras.
During a visit of Dominican journalists to Puerto Rican courts, Otero Ferreiras explained that the studies have concluded that the sentence It is not dissuasive of the crime.
Agreement and guilt
Sigfrido Steidel FigueroaJudge of Court of Appeals and administrative director of the Courts of Puerto Ricowho said that the cases are resolved with an arrangement in the 95 percent of the processeshe said that the greatest submission corresponds to Mental health controversiesprotection orders, conflicts between neighbors and domestic violence.
He said that “not everyone who reaches a agreement is guilty“
In that sense, he says that there are many defendants who decide for a negotiation for the onerous and exhausting which turns out to be judicialization.
In Dominican Republic, only 13 percent of the processes are resolved in Agreementswhat for him President of the Supreme Court of JusticeHenry Molina, which has referred to the issue on several occasions, “is not sustainable” for the Judiciary.
He Dominican litigious encouragementaccording to Molina, is cultural. For the Puerto Ricans it is the negotiationwhich have been valid for decades, according to their representatives.
However, Sigfrido Steidel Figueroa He argues that “the mediation It is not mandatory, “for example, in the criminal process, it is a Parts option.
“That the parties can reach a agreement between them, that can happen, but we do not have an institutionalized a mediation for Criminal processes As such, “he said.
Cost and not everything appeals
Appeal a sentence First instance it has a cost of $ 100 and the Court of Appeals is not obliged to Check any decision of the first degree judge other than the sentence.
“He Court of Appeals It is not obliged to review any other decision, resolution or order issued by the Court of First Instance, such as those that meet issues on the process of a case but do not finally solve the controversy, “is explained in an educational guide of the Puerto Rican Judiciary.
In this regard, the administrative director of the Puerto Rican courts says that 250 thousand cases processed in the first instanceonly 3,000 are used.
The criminals are less
In the meeting with Dominican journalists, Sigfrido Steidel Figueroa reported that the least amount of cases in different instances Puerto Ricans correspond to the criminal area.
Attributed it to some particular reasons, including tolerance at the governmental level of the cannabis consumptionwith the creation of a regulation that decriminalizes its medicinal use and the partial legalization of its consumption.
He argued that all stronger drugs They continue to fight and punish.
He also cited the fact that there is Federal Courts that pursue and process federal crimes, including drug trafficking.
Another programs mentioned are aimed at social problems such as Alcohol dependence and other controlled substances, in which violence is registered.
If the accused accepts his guilt, he submits to Treatment under supervision of specialist institutions in mental health, “with the condition that surpassed some consumption condition, if they meet the conditions imposed on them, they are filed for criminal charges,” he said.
Figueroa He said it is a program whose numbers have proven to be effective “over 90 percent.”
Those who participate “They do not recover again“, As for another criminal complaint” because they can consume drugs and we do not find out but do not return to the rotating door of the courts with a criminal case. “
For people with others mental illnessesa law grants them “to obtain a remedy to enter a mental health institution.”
The judge of Court of Appeals and administrative director of the Courts of Puerto Rico He added that Law is 408, with which a close person or a relative of the patient asks the court Income of involuntary entry Who is it because it needs medical treatment.
He indicated that the hospital will demand the consent of an adult, so it can Request the court The order because the patient is not suitable for deciding.
