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Criminal Law: US Code, Part III
Nota: Rule significa "Federal Rules for Criminal Procedure".
Estas varian de acuerdo a cada Estado.
PART II - CRIMINAL PROCEDURE
Chapter 201. General Provisions
Chapter 203. Arrest And Commitment
Chapter 204. Rewards For Information Concerning Terrorist Acts And Espionage
Chapter 205. Searches And Seizures
Chapter 206. Pen Registers And Trap And Trace Devices
Chapter 207. Release And Detention Pending Judicial Proceedings
Chapter 208. Speedy Trial
Chapter 209. Extradition
Chapter 211. Jurisdiction And Venue
Chapter 212. Military Extraterritorial Jurisdiction
Chapter 213. Limitations
Chapter 215. Grand Jury
Chapter 216. Special Grand Jury
Chapter 217. Indictment And Information
Chapter 219. Trial By United States Magistrate Judges
Chapter 221. Arraignment, Pleas And Trial
Chapter 223. Witnesses And Evidence
Chapter 224. Protection Of Witnesses
Chapter 225. Verdict
Chapter 227. Sentences
Chapter 228. Death Sentence
Chapter 229. Postsentence Administration
Chapter 231. Repealed
Chapter 232. Miscellaneous Sentencing Provisions
Chapter 232A. Special Forfeiture Of Collateral Profits Of Crime
Chapter 233. Contempts
Chapter 235. Appeal
Chapter 237. Repealed
CHAPTER 201 - GENERAL PROVISIONS
Section 3001. Procedure Governed By Rules; Scope, Purpose And Effect;
Definition Of Terms; Local Rules; Forms - (Rule)
Section 3002. Courts Always Open - (Rule)
Section 3003. Calendars - (Rule)
Section 3004. Decorum In Court Room - (Rule)
Section 3005. Counsel And Witnesses In Capital Cases
Section 3005. Counsel and witnesses in capital
cases
Whoever is indicted for treason or other capital crime shall be allowed
to make his full defense by counsel; and the court before which the defendant
is to be tried, or a judge thereof, shall promptly, upon the defendant's
request, assign 2 such counsel, of whom at least 1 shall be learned in
the law applicable to capital cases, and who shall have free access to
the accused at all reasonable hours. In assigning counsel under this section,
the court shall consider the recommendation of the Federal Public Defender
organization, or, if no such organization exists in the
district, of the Administrative Office of the United States Courts.
The defendant shall be allowed, in his defense to make any proof that
he can produce by lawful witnesses, and shall have the like process of
the court to compel his witnesses to appear at his trial, as is usually
granted to compel witnesses to appear on behalf of the prosecution.
CHAPTER 203 - ARREST AND COMMITMENT
Section 3041. Power Of Courts And Magistrates
Section 3042. Extraterritorial Jurisdiction
Section 3045. Internal Revenue Violations
Section 3046. Warrant Or Summons - (Rule)
Section 3052. Powers Of Federal Bureau Of Investigation
Section 3041. Power of courts and magistrates
For any offense against the United States, the offender may, by any
justice or judge of the United States, or by any United States magistrate
judge, or by any chancellor, judge of a supreme or superior court, chief
or first judge of the common pleas, mayor of a city, justice of the peace,
or other magistrate, of any state where the offender may be found, and
at the expense of the United States, be arrested and imprisoned or released
as provided in chapter 207 of this title, as the case may be, for trial
before
such court of the United States as by law has cognizance of the offense.
Copies of the process shall be returned as speedily as may be into the
office of the clerk of such court, together with the recognizances of
the witnesses for their appearances to testify in the case.
A United States judge or magistrate judge shall proceed under this section
according to rules promulgated by the Supreme Court of the United States.
Any state judge or magistrate acting hereunder may proceed according to
the usual mode of procedure of his state but his acts and orders shall
have no effect beyond determining, pursuant to the provisions of section
3142 of this title, whether to detain or conditionally release the prisoner
prior to trial or to discharge him from arrest.
Section 3042. Extraterritorial jurisdiction
Section 3041 of this title shall apply in any country where the United
States exercises extraterritorial jurisdiction for the arrest and removal
therefrom to the United States of any citizen or national of the United
States who is a fugitive from justice charged with or convicted of the
commission of any offense against the United States, and shall also apply
throughout the United States for the arrest and removal therefrom to the
jurisdiction of
any officer or representative of the United States vested with judicial
authority in any country in which the United States exercises extraterritorial
jurisdiction, of any citizen or national of the United States who is a
fugitive from justice charged with or convicted of the commission of any
offense against the United States in any country where it exercises extraterritorial
jurisdiction.
Such fugitive first mentioned may, by any officer or representative of
the United States vested with judicial authority in any country in which
the United States exercises extraterritorial jurisdiction and agreeably
to the usual mode of process against offenders subject to such jurisdiction,
be arrested and detained or conditionally released pursuant to section
3142 of
this title, as the case may be, pending the issuance if a warrant for
his removal, which warrant the principal officer or representative of
the United States vested with judicial authority in the country where
the fugitive shall be found shall seasonably issue, and the United States
marshal or corresponding officer shall execute.
Such marshal or other officer, or the deputies of such marshal or officer,
when engaged in executing such warrant without the jurisdiction of the
court to which they are attached, shall have all the powers of a marshal
of the United States so far as such powers are requisite for the prisoner's
safekeeping and the execution of the warrant.
Section 3045. Internal revenue violations
Warrants of arrest for violations of internal revenue laws may be issued
by United States magistrate judges upon the complaint of a United States
attorney, assistant United States attorney, collector, or deputy collector
of internal revenue or revenue agent, or private citizen; but no such
warrant of arrest shall be issued upon the complaint of a private citizen
unless first
approved in writing by a United States attorney.
Section 3046. Warrant or summons - (Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Issuance upon complaint, Rule 4.
Issuance upon indictment, Rule 9.
Summons on request of government; form; contents; service; return, Rules
4, 9.
Section 3052. Powers of Federal Bureau of Investigation
The Director, Associate Director, Assistant to the Director, Assistant
Directors, inspectors, and agents of the Federal Bureau of Investigation
of the Department of Justice may carry firearms, serve warrants and subpoenas
issued under the authority of the United States and make arrests without
warrant for any offense against the United States committed in their presence,
or for any felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be arrested has
committed or is committing such felony.
Section 3053. Powers of marshals and deputies
United States marshals and their deputies may carry firearms and may
make arrests without warrant for any offense against the United States
committed in their presence, or for any felony cognizable under the laws
of the United States if they have reasonable grounds to believe that the
person to be arrested has committed or is committing such felony.
CHAPTER 208 - SPEEDY TRIAL
Section 3161. Time Limits And Exclusions
Section 3162. Sanctions
Section 3163. Effective Dates
Section 3164. Persons Detained Or Designated As Being Of High Risk
Section 3165. District Plans - Generally
Section 3166. District Plans - Contents
Section 3167. Reports To Congress
Section 3168. Planning Process
Section 3169. Federal Judicial Center
Section 3170. Speedy Trial Data
Section 3171. Planning Appropriations
Section 3172. Definitions
Section 3173. Sixth Amendment Rights
Section 3174. Judicial Emergency And Implementation
Section 3161. Time limits and exclusions
(a) In any case involving a defendant
charged with an offense, the appropriate judicial officer, at the earliest
practicable time, shall, after consultation with the counsel for the defendant
and the attorney for the Government, set the case for trial on a day certain,
or list it for trial on a weekly or other short-term trial calendar at
a place within the judicial district, so as to assure a speedy trial.
(b) Any information or indictment
charging an individual with the commission of an offense shall be filed
within thirty days from the date on which such individual was arrested
or served with a summons in connection with such charges. If an individual
has been charged with a felony in a district in which no grand jury has
been in session during such thirty-day period, the period of time for
filing of the indictment shall be extended an additional thirty days.
(c) (1) In any case in which a plea
of not guilty is entered, the trial of a defendant charged in an information
or indictment with the commission of an offense shall commence within
seventy days from the filing date (and making public) of the information
or indictment, or from the date the defendant has appeared before a judicial
officer of the court in which such charge is pending, whichever date last
occurs. If a defendant consents in writing to be tried before a magistrate
judge on a complaint, the trial shall
commence within seventy days from the date of such consent.
(2) Unless the defendant consents in writing to the contrary, the trial
shall not commence less than thirty days from the date on which the defendant
first appears through counsel or expressly waives counsel and elects to
proceed pro se.
(d) (1) If any indictment or information
is dismissed upon motion of the defendant, or any charge contained in
a complaint filed against an individual is dismissed or otherwise dropped,
and thereafter a complaint is filed against such defendant or individual
charging him with the same offense or an offense based on the same conduct
or arising from the same criminal episode, or an information or indictment
is filed charging such defendant with the same offense or an offense based
on the same conduct or arising from the same criminal episode, the provisions
of subsections (b) and (c) of this section shall be applicable with respect
to such subsequent complaint, indictment, or information, as the case
may
be.
(2) If the defendant is to be tried upon an indictment or information
dismissed by a trial court and reinstated following an appeal, the trial
shall commence within seventy days from the date the action occasioning
the trial becomes final, except that the court retrying the case may extend
the period for trial not to exceed one hundred and eighty days from the
date the action occasioning the trial becomes final if the unavailability
of
witnesses or other factors resulting from the passage of time shall make
trial within seventy days impractical. The periods of delay enumerated
in section 3161(h) are excluded in computing the time limitations specified
in this section. The sanctions of section 3162 apply to this subsection.
(e) If the defendant is to be tried
again following a declaration by the trial judge of a mistrial or following
an order of such judge for a new trial, the trial shall commence within
seventy days from the date the action occasioning the retrial becomes
final. If the defendant is to be tried again following an appeal or a
collateral attack, the trial shall commence within seventy days from the
date the action occasioning the retrial becomes final, except that the
court retrying the case may extend the period for
retrial not to exceed one hundred and eighty days from the date the action
occasioning the retrial becomes final if unavailability of witnesses or
other factors resulting from passage of time shall make trial within seventy
days impractical. The periods of delay enumerated in section 3161(h) are
excluded in computing the time limitations specified in this section.
The sanctions of section 3162 apply to this subsection.
(f) Notwithstanding the provisions
of subsection (b) of this section, for the first twelve-calendar-month
period following the effective date of this section as set forth in section
3163(a) of this chapter the time limit imposed with respect to the period
between arrest and indictment by subsection (b) of this section shall
be sixty days, for the second such twelve-month period such time limit
shall be forty-five days and for the third such period such time limit
shall be thirty-five days.
(g) Notwithstanding the provisions
of subsection (c) of this section, for the first twelve-calendar-month
period following the effective date of this section as set forth in section
3163(b) of this chapter, the time limit with respect to the period between
arraignment and trial imposed by subsection (c) of this section shall
be one hundred and eighty days, for the second such twelve-month period
such time limit shall be one hundred and twenty
days, and for the third such period such time limit with respect to
the period between arraignment and trial shall be eighty days.
(h) The following periods of delay
shall be excluded in computing the time within which an information or
an indictment must be filed, or in computing the time within which the
trial of any such offense must commence:
(1) Any period of delay resulting from other
proceedings concerning the defendant, including but not limited to -
(A) delay resulting from any proceeding, including any examinations,
to determine the mental competency or physical capacity of the defendant;
(B) delay resulting from any proceeding, including any examination of
the defendant, pursuant to section 2902 (FOOTNOTE 1) of title 28, United
States Code; (FOOTNOTE 1) See References in Text note below.
(C) delay resulting from deferral of prosecution pursuant to section
2902 (FOOTNOTE 1) of title 28, United States Code;
(D) delay resulting from trial with respect to other charges against the
defendant;
(E) delay resulting from any interlocutory appeal;
(F) delay resulting from any pretrial motion, from the filing of the motion
through the conclusion of the hearing on, or other prompt disposition
of, such motion;
(G) delay resulting from any proceeding relating to the transfer of a
case or the removal of any defendant from another district under the Federal
Rules of Criminal Procedure;
(H) delay resulting from transportation of any defendant from another
district, or to and from places of examination or hospitalization, except
that any time consumed in excess of ten days from the date an order of
removal or an order directing such transportation, and the defendant's
arrival at the destination shall be presumed to be unreasonable;
(I) delay resulting from consideration by the court of a proposed plea
agreement to be entered into by the defendant and the attorney for the
Government; and
(J) delay reasonably attributable to any period, not to exceed thirty
days, during which any proceeding concerning the defendant is actually
under advisement by the court.
(2) Any period of delay during which prosecution
is deferred by
the attorney for the Government pursuant to written agreement with the
defendant, with the approval of the court, for the purpose of allowing
the defendant to demonstrate his good conduct.
(3)(A) Any period of delay resulting from
the absence or unavailability of the defendant or an essential witness.
(B) For purposes of subparagraph (A) of this paragraph, a defendant or
an essential witness shall be considered absent when his whereabouts are
unknown and, in addition, he is attempting to avoid apprehension or prosecution
or his whereabouts cannot be determined by due diligence. For purposes
of such subparagraph, a defendant or an essential witness shall be considered
unavailable whenever his whereabouts are known but his presence for trial
cannot be obtained by due diligence or he resists
appearing at or being returned for trial.
(4) Any period of delay resulting from the
fact that the defendant is mentally incompetent or physically unable to
stand trial.
(5) Any period of delay resulting from the
treatment of the defendant pursuant to section 2902 (FOOTNOTE 1) of title
28, United States Code.
(6) If the information or indictment is dismissed
upon motion of the attorney for the Government and thereafter a charge
is filed against the defendant for the same offense, or any offense required
to be joined with that offense, any period of delay from the date the
charge was dismissed to the date the time limitation would commence to
run as to the subsequent charge had there been no previous charge.
(7) A reasonable period of delay when the
defendant is joined for trial with a codefendant as to whom the time for
trial has not run and no motion for severance has been granted.
(8)(A) Any period of delay resulting from
a continuance granted by any judge on his own motion or at the request
of the defendant or his counsel or at the request of the attorney for
the Government, if the judge granted such continuance on the basis of
his findings that the ends of justice served by taking such action outweigh
the best interest of the public and the defendant in a speedy trial. No
such period of delay resulting from a
continuance granted by the court in accordance with this paragraph shall
be excludable under this subsection unless the court sets forth, in the
record of the case, either orally or in writing, its reasons for finding
that the ends of justice served by the granting of such continuance outweigh
the best interests of the public and the defendant in a speedy trial.
(B) The factors, among others, which a judge shall consider in determining
whether to grant a continuance under subparagraph (A) of this paragraph
in any case are as follows:
(i) Whether the failure to grant such a continuance in the proceeding
would be likely to make a continuation of such proceeding impossible,
or result in a miscarriage of justice.
(ii) Whether the case is so unusual or so complex, due to the number of
defendants, the nature of the prosecution, or the existence of novel questions
of fact or law, that it is unreasonable to expect adequate preparation
for pretrial proceedings or for the trial itself within the time limits
established by this section.
(iii) Whether, in a case in which arrest precedes indictment, delay in
the filing of the indictment is caused because the arrest occurs at a
time such that it is unreasonable to expect return and filing of the indictment
within the period specified in section 3161(b), or because the facts upon
which the grand jury must base its determination are unusual or complex.
(iv) Whether the failure to grant such a continuance in a case which,
taken as a whole, is not so unusual or so complex as to fall within clause
(ii), would deny the defendant reasonable time to obtain counsel, would
unreasonably deny the defendant or the Government continuity of counsel,
or would deny counsel for the defendant or the attorney for the
Government the reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.
(C) No continuance under subparagraph (A) of this paragraph shall be granted
because of general congestion of the court's calendar, or lack of diligent
preparation or failure to obtain available witnesses on the part of the
attorney for the Government.
(9) Any period of delay, not to exceed one
year, ordered by a district court upon an application of a party and a
finding by a preponderance of the evidence that an official request, as
defined in section 3292 of this title, has been made for evidence of any
such offense and that it reasonably appears, or reasonably appeared at
the time the request was made, that such evidence is, or was, in such
foreign country.
(i) If trial did not commence within
the time limitation specified in section 3161 because the defendant had
entered a plea of guilty or nolo contendere subsequently withdrawn to
any or all charges in an indictment or information, the defendant shall
be deemed indicted with respect to all charges therein contained within
the meaning of section 3161, on the day the order permitting withdrawal
of the plea becomes final.
(j)(1) If the attorney for the Government
knows that a person charged with an offense is serving a term of imprisonment
in any penal institution, he shall promptly -
(A) undertake to obtain the presence of the prisoner for trial; or
(B) cause a detainer to be filed with the person having custody of the
prisoner and request him to so advise the prisoner and to advise the prisoner
of his right to demand trial.
(2) If the person having custody of such prisoner receives a detainer,
he shall promptly advise the prisoner of the charge andof the prisoner's
right to demand trial. If at any time thereafter the prisoner informs
the person having custody that he does demandtrial, such person shall
cause notice to that effect to be sent promptly to the attorney for the
Government who caused the detainerto be filed.
(3) Upon receipt of such notice, the attorney for the Government shall
promptly seek to obtain the presence of the prisoner for trial.
(4) When the person having custody of the prisoner receives from the attorney
for the Government a properly supported request for temporary custody
of such prisoner for trial, the prisoner shall be made available to that
attorney for the Government (subject, in cases of interjurisdictional
transfer, to any right of the prisoner to contest the legality of his
delivery).
(k)(1) If the defendant is absent
(as defined by subsection (h)(3)) on the day set for trial, and the defendant's
subsequent appearance before the court on a bench warrant or other process
or surrender to the court occurs more than 21 days after the day set for
trial, the defendant shall be deemed to have first appeared before a judicial
officer of the court in which the information or indictment is pending
within the meaning of subsection (c) on the date of the defendant's subsequent
appearance before the court.
(2) If the defendant is absent (as defined by subsection (h)(3)) on the
day set for trial, and the defendant's subsequent appearance before the
court on a bench warrant or other process or surrender to the court occurs
not more than 21 days after the day set for trial, the time limit required
by subsection (c), as extended bysubsection (h), shall be further extended
by 21 days.
Section 3162. Sanctions
(a) (1) If, in the case of any individual
against whom a complaint is filed charging such individual with an offense,
no indictment or information is filed within the time limit required by
section 3161(b) as extended by section 3161(h) of this chapter, such charge
against that individual contained in such complaint shall be dismissed
or otherwise dropped. In determining whether to dismiss the case with
or without prejudice, the court shall consider, among others, each of
the following factors: the seriousness of the offense; the facts and circumstances
of the case which led to the dismissal; and the impact of a reprosecution
on the administration of this chapter and on the administration of justice.
(2) If a defendant is not brought to trial within the time limit required
by section 3161(c) as extended by section 3161(h), the information or
indictment shall be dismissed on motion of the defendant. The defendant
shall have the burden of proof of supporting such motion but the Government
shall have the burden of going forward with the evidence in connection
with any exclusion of time under subparagraph 3161(h)(3). In determining
whether to dismiss the case with or without prejudice, the court shall
consider, among others, each of the following factors: the
seriousness of the offense; the facts and circumstances of the case which
led to the dismissal; and the impact of a reprosecution on the administration
of this chapter and on the administration of justice. Failure of the defendant
to move for dismissal prior to trial or entry of a plea of guilty or nolo
contendere shall constitute a waiver of the right to dismissal under this
section.
(b) In any case in which counsel
for the defendant or the attorney for the Government (1) knowingly allows
the case to be set for trial without disclosing the fact that a necessary
witness would be unavailable for trial; (2) files a motion solely for
the purpose of delay which he knows is totally frivolous and without merit;
(3) makes a statement for the purpose of obtaining a continuance which
he knows to be false and which is material to the granting of a continuance;
or (4) otherwise willfully fails to proceed to trial without justification
consistent with section 3161 of this chapter, the court may punish any
such counsel or attorney, as follows:
(A) in the case of an appointed defense counsel, by reducing the amount
of compensation that otherwise would have been paid to such counsel pursuant
to section 3006A of this title in an amount not to exceed 25 per centum
thereof;
(B) in the case of a counsel retained in connection with the defense
of a defendant, by imposing on such counsel a fine of not to exceed 25
per centum of the compensation to which he is entitled in connection with
his defense of such defendant;
(C) by imposing on any attorney for the Government a fine of not to exceed
$250;
(D) by denying any such counsel or attorney for the Government the right
to practice before the court considering such case for a period of not
to exceed ninety days; or
(E) by filing a report with an appropriate disciplinary committee.
The authority to punish provided for by this subsection shall be in addition
to any other authority or power available to such court.
(c) The court shall follow procedures
established in the Federal Rules of Criminal Procedure in punishing any
counsel or attorney for the Government pursuant to this section.
Section 3163. Effective dates
(a) The time limitation in section
3161(b) of this chapter (1) shall apply to all individuals who are arrested
or served with a summons on or after the date of expiration of the twelve-calendar-month
period following July 1, 1975; and (2) shall commence to run on such date
of expiration to all individuals who are arrested or served with a summons
prior to the date of expiration of such twelve-calendar-month period,
in connection with the commission of an offense, and with respect to which
offense no information or indictment has been filed prior to such date
of expiration.
(b) The time limitation in section
3161(c) of this chapter (1) shall apply to all offenses charged in informations
or indictments filed on or after the date of expiration of the twelve-calendar-month
period following July 1, 1975; and
(2) shall commence to run on such date of expiration as to all offenses
charged in informations or indictments filed prior to that date.
(c) Subject to the provisions of section
3174(c), section 3162 of this chapter shall become effective and apply
to all cases commenced by arrest or summons, and all informations or indictments
filed, on or after July 1, 1980.
Section 3164. Persons detained or designated
as being of high risk
(a) The trial or other disposition
of cases involving -
(1) a detained person who is being held in detention solely because he
is awaiting trial, and
(2) a released person who is awaiting trial and has been designated by
the attorney for the Government as being of high risk,
shall be accorded priority.
(b) The trial of any person described
in subsection (a)(1) or (a)(2) of this section shall commence not later
than ninety days following the beginning of such continuous detention
or designation of high risk by the attorney for the Government. The periods
of delay enumerated in section 3161(h) are excluded in computing the time
limitation specified in this section.
(c) Failure to commence trial of a
detainee as specified in subsection (b), through no fault of the accused
or his counsel, or failure to commence trial of a designated releasee
as specified in subsection (b), through no fault of the attorney for the
Government, shall result in the automatic review by the court of the conditions
of release. No detainee, as defined in subsection (a), shall be held in
custody pending trial after the expiration of
such ninety-day period required for the commencement of his trial.
A designated releasee, as defined in subsection (a), who is found by the
court to have intentionally delayed the trial of his case shall be subject
to an order of the court modifying his nonfinancial conditions of release
under this title to insure that he shall appear at trial as required.
Section 3172. Definitions
As used in this chapter -
(1) the terms ''judge'' or ''judicial officer'' mean, unless otherwise
indicated, any United States magistrate judge, Federal district judge,
and
(2) the term ''offense'' means any Federal criminal offense which is in
violation of any Act of Congress and is triable by any court established
by Act of Congress (other than a Class B or C misdemeanor or an infraction,
or an offense triable by court-martial, military commission, provost court,
or other military tribunal).
Section 3173. Sixth amendment rights
No provision of this chapter shall be interpreted as a bar to any claim
of denial of speedy trial as required by amendment VI of the Constitution.
Section 3174. Judicial emergency and implementation
(a) In the event that any district
court is unable to comply with the time limits set forth in section 3161(c)
due to the status of its court calendars, the chief judge, where the existing
resources are being efficiently utilized, may, after seeking the recommendations
of the planning group, apply to the judicial council of the circuit for
a suspension of such time limits as
provided in subsection (b). The judicial council of the circuit shall
evaluate the capabilities of the district, the availability of visiting
judges from within and without the circuit, and make any recommendations
it deems appropriate to alleviate calendar congestion resulting from the
lack of resources.
(b) If the judicial council of the
circuit finds that no remedy for such congestion is reasonably available,
such council may, upon application by the chief judge of a district, grant
a suspension of the time limits in section 3161(c) in such district for
a period of time not to exceed one year for the trial of cases for which
indictments or informations are filed during such one-year period. During
such period of suspension, the time limits from arrest to indictment,
set forth in section 3161(b), shall not be reduced, nor
shall the sanctions set forth in section 3162 be suspended; but such time
limits from indictment to trial shall not be increased to exceed one hundred
and eighty days. The time limits for the trial of cases of detained persons
who are being detained solely because they are awaiting trial shall not
be affected by the provisions of this section.
(c) (1) If, prior to July 1, 1980,
the chief judge of any district concludes, with the concurrence of the
planning group convened in the district, that the district is prepared
to implement the provisions of section 3162 in their entirety, he may
apply to the judicial council of the circuit in which the district is
located to implement such provisions. Such application shall show the
degree of compliance in the district with the time limits set forth in
subsections (b) and (c) of section 3161 during the twelve-calendar-month
period preceding the date of such application and shall contain a proposed
order and schedule for such implementation, which includes the date on
which the provisions of section 3162 are to become effective in the district,
the effect such implementation will have upon such district's practices
and
procedures, and provision for adequate notice to all interested
parties.
(2) After review of any such application, the judicial council of the
circuit shall enter an order implementing the provisions of section 3162
in their entirety in the district making application, or shall return
such application to the chief judge of such district, together with an
explanation setting forth such council's reasons for refusing to enter
such order.
(d) (1) The approval of any application
made pursuant to subsection (a) or (c) by a judicial council of a circuit
shall be reported within ten days to the Director of the Administrative
Office of the United States Courts, together with a copy of the application,
a written report setting forth in sufficient detail the reasons for granting
such application, and, in the case of an
application made pursuant to subsection (a), a proposal for alleviating
congestion in the district.
(2) The Director of the Administrative Office of the United States Courts
shall not later than ten days after receipt transmit such report to the
Congress and to the Judicial Conference of the United States. The judicial
council of the circuit shall not grant a suspension to any district within
six months following the expiration of a prior suspension without the
consent of the Congress by Act of Congress. The limitation on granting
a suspension made by this paragraph shall not apply with respect to any
judicial district in which the prior suspension is in effect on the date
of the enactment of the Speedy Trial Act Amendments Act of 1979.
(e) If the chief judge of the district
court concludes that the need for suspension of time limits in such district
under this section is of great urgency, he may order the limits suspended
for a period not to exceed thirty days. Within ten days of entry of such
order, the chief judge shall apply to the judicial council of the circuit
for a suspension pursuant to subsection (a).
CHAPTER 209 - EXTRADITION
Section 3181. Scope And Limitation Of Chapter
Section 3182. Fugitives From State Or Territory To State, District, Or
Territory
Section 3183. Fugitives From State, Territory, Or Possession Into Extraterritorial
Jurisdiction Of United States
Section 3184. Fugitives From Foreign Country To
United States
Section 3185. Fugitives From Country Under Control Of United States Into
The United States
Section 3186. Secretary Of State To Surrender Fugitive
Section 3187. Provisional Arrest And Detention Within
Extraterritorial Jurisdiction
Section 3188. Time Of Commitment Pending Extradition
Section 3189. Place And Character Of Hearing
Section 3190. Evidence On Hearing
Section 3191. Witnesses For Indigent Fugitives
Section 3192. Protection Of Accused
Section 3193. Receiving Agent'S Authority Over Offenders
Section 3194. Transportation Of Fugitive By Receiving Agent
Section 3195. Payment Of Fees And Costs
Section 3196. Extradition Of United States Citizens
Section 3181. Scope and limitation of chapter
(a) The provisions of this chapter relating to the surrender of persons
who have committed crimes in foreign countries shall continue in force
only during the existence of any treaty of extradition with such foreign
government.
(b) The provisions of this chapter shall be construed to permit, in the
exercise of comity, the surrender of persons, other than citizens, nationals,
or permanent residents of the United States, who have committed crimes
of violence against nationals of the United States in foreign countries
without regard to the existence of any treaty of extradition with such
foreign government if the Attorney General certifies, in writing, that
-
(1) evidence has been presented by the foreign government that indicates
that had the offenses been committed in the United States, they would
constitute crimes of violence as defined under section 16 of this title;
and
(2) the offenses charged are not of a political nature.
(c) As used in this section, the term ''national of the United States''
has the meaning given such term in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).
Section 3184. Fugitives from foreign country
to United States
Whenever there is a treaty or convention for extradition between the
United States and any foreign government, or in cases arising under section
3181(b), any justice or judge of the United States, or any magistrate
judge authorized so to do by a court of the United States, or any judge
of a court of record of general jurisdiction of any State, may, upon complaint
made under oath, charging any person found within his jurisdiction, with
having committed within the jurisdiction of any such foreign government
any of the crimes provided for by such treaty or convention, or provided
for under section 3181(b), issue his warrant for the apprehension of the
person so charged, that he may be brought
before such justice, judge, or magistrate judge, to the end that the evidence
of criminality may be heard and considered.
Such complaint may be filed before and such warrant may be issued by
a judge or magistrate judge of the United States District Court for the
District of Columbia if the whereabouts within the United States of the
person charged are not known or, if there is reason to believe the person
will shortly enter the United States. If, on such hearing, he deems the
evidence sufficient to sustain the charge under the provisions of the
proper treaty or convention, or under section 3181(b), he shall certify
the same, together with a copy of all the testimony taken before him,
to the Secretary of State, that a warrant may issue upon the requisition
of the proper authorities of such foreign government, for the surrender
of such person, according to the stipulations of the treaty or convention;
and he shall issue his warrant for the commitment of the person so charged
to the proper jail, there to remain until such surrender shall be made.
Section 3187. Provisional arrest and detention
within extraterritorial jurisdiction
The provisional arrest and detention of a fugitive, under sections 3042
and 3183 of this title, in advance of the presentation of formal proofs,
may be obtained by telegraph upon the request of the authority competent
to request the surrender of such fugitive addressed to the authority competent
to grant such surrender. Such request shall be accompanied by an express
statement that a warrant for the fugitive's arrest has been issued within
the jurisdiction of the authority making such request
charging the fugitive with the commission of the crime for which his extradition
is sought to be obtained.
No person shall be held in custody under telegraphic request by virtue
of this section for more than ninety days.
Section 3188. Time of commitment pending extradition
Whenever any person who is committed for rendition to a foreign government
to remain until delivered up in pursuance of a
requisition, is not so delivered up and conveyed out of the United States
within two calendar months after such commitment, over and above the time
actually required to convey the prisoner from the jail to which he was
committed, by the readiest way, out of the United States, any judge of
the United States, or of any State, upon application made to him by or
on behalf of the person so committed, and upon proof made to him that
reasonable notice of the intention to make such application has been given
to the Secretary of State, may order the person so committed to be discharged
out of custody, unless sufficient cause is shown to such judge why such
discharge ought not to be ordered.
Section 3189. Place and character of hearing
Hearings in cases of extradition under treaty stipulation or convention
shall be held on land, publicly, and in a room or office easily accessible
to the public.
Section 3190. Evidence on hearing
Depositions, warrants, or other papers or copies thereof offered in
evidence upon the hearing of any extradition case shall be received and
admitted as evidence on such hearing for all the purposes of such hearing
if they shall be properly and legally authenticated so as to entitle them
to be received for similar purposes by the tribunals of the foreign country
from which the accused party shall have escaped, and the certificate of
the principal diplomatic or consular officer of the United States resident
in such foreign country shall be proof that the same, so offered, are
authenticated in the manner required.
Section 3191. Witnesses for indigent fugitives
On the hearing of any case under a claim of extradition by a foreign
government, upon affidavit being filed by the person charged setting forth
that there are witnesses whose evidence is material to his defense, that
he cannot safely go to trial without them, what he expects to prove by
each of them, and that he is not possessed of sufficient means, and is
actually unable to pay the fees of such witnesses, the judge or magistrate
judge hearing the matter may order that such witnesses be subpenaed; and
the costs incurred by the process, and the fees of witnesses, shall be
paid
in the same manner as in the case of witnesses subpenaed in behalf of
the United States.
Section 3192. Protection of accused
Whenever any person is delivered by any foreign government to an agent
of the United States, for the purpose of being brought within the United
States and tried for any offense of which he is duly accused, the President
shall have power to take all necessary measures for the transportation
and safekeeping of such accused person, and for his security against lawless
violence, until the final conclusion of his trial for the offenses specified
in the warrant of extradition, and until his final discharge from custody
or imprisonment for or on account of such offenses, and for a reasonable
time thereafter, and may employ such portion of the land or naval forces
of the United States, or of the militia thereof, as may be necessary for
the safe-keeping and protection of the accused.
Section 3193. Receiving agent's authority over
offenders
A duly appointed agent to receive, in behalf of the United States, the
delivery, by a foreign government, of any person accused of crime committed
within the United States, and to convey him to the place of his trial,
shall have all the powers of a marshal of the United States, in the several
districts through which it may be necessary for him to pass with such
prisoner, so far as such power is requisite for the prisoner's safe-keeping
Section 3194. Transportation of fugitive by receiving
agent
Any agent appointed as provided in section 3182 of this title who receives
the fugitive into his custody is empowered to transport him to the State
or Territory from which he has fled.
Section 3195. Payment of fees and costs
All costs or expenses incurred in any extradition proceeding in apprehending,
securing, and transmitting a fugitive shall be paid by the demanding authority.
All witness fees and costs of every nature in cases of international extradition,
including the fees of the magistrate judge, shall be certified by the
judge or magistrate judge before whom the hearing shall take place to
the Secretary of State of the United States, and the same shall be paid
out of appropriations to defray the expenses of the judiciary or the Department
of Justice as the case may be.
The Attorney General shall certify to the Secretary of State the amounts
to be paid to the United States on account of said fees and costs in extradition
cases by the foreign government requesting the extradition, and the Secretary
of State shall cause said amounts to be collected and transmitted to the
Attorney General for deposit in the Treasury of the United States.
Section 3196. Extradition of United States citizens
If the applicable treaty or convention does not obligate the United
States to extradite its citizens to a foreign country, the Secretary of
State may, nevertheless, order the surrender to that country of a United
States citizen whose extradition has been requested by that country if
the other requirements of that treaty or convention are met.
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