CODE OF CRIMINAL PROCEDURE (Part - II)


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Every such warrant shall remain in force until it is cancelled by the court which issued it or until it is executed. The person executing a warrant of arrest shall notify the substance thereof to the person arrested, and if so required by the person arrested shall show him the warrant or a copy thereof signed by the person issuing the same. The person executing a warrant of arrest shall subject to the provisions section 51 as to security without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person, and he shall endorse on the warrant the time when and the place where the arrest was made.

Provided always that upon the execution of such warrant the provisions of section 58 shall apply,. When a warrant directed to a fiscal is to be executed outside the jurisdiction of the court to which he is appointed he shall endorse it to the fiscal of the court within the local limits of whose jurisdiction, the warrant is to be executed and shall thereupon forward the same by post or otherwise to such fiscal, who upon receipt thereof shall cause such warrant to be executed in the same way as if it had been originally directed to him.

Provided that if the offence be bailable and the person arrested be ready and willing to give bail to the satisfaction of the court before which he shall have been brought, or a direction has been endorsed under section 51 on the warrant and such person is ready and willing to give the security required by such direction, such last-mentioned court shall take such bail or security as the case may be and forward the bond to the court which issued the warrant.

Where a police officer has reasonable grounds to believe that a person is one for whose arrest a warrant of arrest has been issued, he may notwithstanding anything to the contrary in this Chapter arrest that person in execution of the warrant although the warrant is not in his possession for the time being. If within one year from the date of the attachment any person whose property is or has been at the disposal of the Minister under section 61 appears voluntarily or is apprehended and brought before the court by whose order the property was attached and proves to the satisfaction of such court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, as in property, or if the same has been sold the net proceeds of the sale or if part only thereof has been sold the net proceeds of the sale and the residue of the property, shall after satisfying there out all costs incurred in consequence of the attachment be delivered to him.

The court may if it thinks fit specify in the warrant the particular place or part thereof to which only the search or inspection shall extend, and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. The provisions of sections 20, 50, 52, 56 and 57 shall so far as may be apply to all search warrants issued under this Chapter.

The person executing the search warrant shall make a list of all things seized in the course of the search and of the places in which they are respectively found and shall sign such list. The occupant of the place searched or some person on his behalf shall in every instance be permitted to attend during the search and a copy of the list prepared under section 75 , signed by the person executing the warrant, shall be delivered to such occupant or person.

Any court may if it thinks fit impound any document or other thing produced before it under this Code. Whenever a Magistrate receives information that any person is likely to commit a breach of the peace or to do any wrongful act that may probably occasion a breach of the peace within the local limits of the jurisdiction of the court of such Magistrate, or that there is within such limits a person who is likely to commit a breach of the peace or do any wrongful act as aforesaid in any place beyond such limits the Magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding two years as the court thinks fit to fix.

Whenever a Magistrate receives information that any person within the local limits of the jurisdiction of the court of such Magistrate is an habitual robber, housebreaker, or thief or an habitual receiver of stolen property knowing the same to have been stolen or that he habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury or that he is an habitual protector or harbourer of thieves or that he is an habitual abider in the concealment or disposal of stolen property or that he is a notorious bad liver or is a dangerous character, such Magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for such period not exceeding two years as the Magistrate thinks fit to fix.

When a Magistrate acting under section 81 or section 82 or section 83 deems it necessary to require any person to show cause under such section he shall if such person is not present in court issue a summons requiring him to appear, or when such person is in custody but not present in court a warrant directing the officer in whose custody he is to bring before the court:. Provided that whenever it appears to such Magistrate upon the report of a peace officer or upon other information the substance of which report or information shall be recorded by such Magistrate that there is reason to fear the commission of a breach of the peace and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

Every summons or warrant issued under section 84 shall contain a brief statement of the substance of the information on which such summons or warrant is issued. An appeal shall not lie against any order made under this subsection. If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond with or without sureties, the Magistrate shall make an order accordingly;. If upon such inquiry it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purpose of the inquiry shall release him, or if such person is not in custody shall discharge him.

Provided that the court may, if it thinks fit so to do, allow time not exceeding one month for furnishing the security:. Provided further that where the court is of opinion that time should not be allowed it shall record the reasons for refusal of time. The period for which security is required by an order made under the preceding sections of this Chapter shall commence—. A court may refuse to accept any surety offered on the ground that for reasons to be recorded by the court such surety is an unfit person. If any person ordered to give security under the preceding sections of this Chapter does not give such security on or before the date on which the period for which such security is to be given commences, he shall be committed to prison to undergo the term of imprisonment imposed under section 89, or, if he is already in prison, be detained in prison until such term expires, or until, before the expiration of such term, he gives the security to the court which made the order requiring it, or to the superintendent or jailer of the prison in which he is detained.

Imprisonment for failure to give security for good behaviour may be rigorous or simple as the court in each case directs. Every such order shall have the same effect as the original order. Any Magistrate or police officer not below the rank of Inspector of Police may command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of the public peace to disperse, and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

If upon being so commanded any such assembly does not disperse or if without being so commanded it conducts itself in such a manner as to show a determination not to disperse, the Magistrate or the police officer may proceed to disperse such assembly by the use of such force as is reasonably necessary to disperse the assembly and may require the assistance of any person not being a member of the Army, Navy or Air Force, whether of Sri Lanka or of any other country, acting as such for the purpose of dispersing such assembly and if necessary arresting and confining the persons who form part of it in order to disperse such assembly or that they may be punished according to law.

If any such assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, a Magistrate or the Government Agent of the District or any police officer not below the rank of Superintendent of Police may cause it to be dispersed by requiring any commissioned or non-commissioned officer in command of any personnel of the Sri Lanka Army, Navy or Air Force, to disperse such assembly by military force and to arrest and confine such persons as form part of it as may be necessary in order to disperse the assembly or to have them punished according to law.

Every such commissioned or non-commissioned officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force and do as little injury to person and property as may be consistent with dispersing the assembly and arresting and detaining such persons. When the public security is manifestly endangered by any such assembly and when a Magistrate, the Government Agent or a police officer not below the rank of Superintendent of Police cannot be communicated with, any commissioned officer of the Sri Lanka Army, Navy or Air Force may disperse such assembly by military force and may arrest arid confine any persons forming part of it in order to disperse such assembly or that they may be punished according to law; but if while he is acting under this section it becomes practicable for him to communicate with the Magistrate or Government Agent or a police officer not below the rank of Superintendent of Police he shall do so and shall thereafter obey the instructions of such Magistrate or Government Agent or police officer as to whether he shall or shall not continue such action.

If such person does not perform such act or appear and move to have the order set aside or modified as required by subsection 1 he shall be liable to the penalty prescribed in that behalf in section of the Penal Code and the order shall be made absolute :. Provided that if such person be a corporate body every director thereof shall be liable to the penalty hereinbefore prescribed unless such director proves that such default was not occasioned by any act of his or by any omission on his part.

Procedure on order being made absolute. When an order has been made absolute under section or section the Magistrate shall give notice of the same to the person against whom the order was made and shall further require him to perform the act directed by the order within a time specified in the notice and inform him that in case of disobedience he will be liable to the penalties provided by subsection 2 of section If such other property is without such limits the order shall authorise its attachment and sale when endorsed by a Magistrate within the local limits of whose jurisdiction the property to be attached is found.

A Magistrate may order any person not to repeat or continue a public nuisance as defined in the Penal Code or any special or local law. Every peace officer may interpose for the purpose of preventing and shall to the best of his ability prevent the commission of any cognizable offence. Every peace officer receiving information of an attempt to commit any cognizable offence shall communicate such information to the officer to whom he is immediately subordinate or to some other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

A peace officer knowing of an attempt to commit any cognizable offence may arrest without orders from a Magistrate and without a warrant the person so attempting if it appears to such officer that the commission of the offence cannot be otherwise prevented. A peace officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property movable or immovable or the removal of injury of any public landmark or buoy or other mark used for navigation. It shall be the duty of every peace officer to give immediate information to an inspector of weights and measures of any breach of any provision of any enactment for the time being in force relating to weights and measures and at the request of any such inspector to assist him in carrying out the provisions of any such enactment.

The Minister may appoint any person by name or office to be an inquirer for any area the limits of which shall be specified in such appointment. Provided that if it is not possible for the officer or inquirer to record the information in the language in which it is given the officer or inquirer shall request that the information be given in writing. If the informant is unable to give it in writing, the officer or inquirer shall record the information in one of the national languages after recording the reasons for doing so and shall read over the record to the informant or interpret it in the language he understands.

Such Information Book shall be in such form as the Minister may provide by regulations made in that behalf:. Provided that until the Minister by regulations provides the form of the Information Book, the form or forms in use on the day immediately preceding the appointed date shall continue to be valid for use.

Procedure where cognizable offence is suspected or breach of the peace apprehended. Provided further, that an officer in charge of a police station may depute one of his subordinate officers to proceed to the spot to make such investigation and to take such measures as may be necessary for the discovery and arrest of the offender. Any police officer or inquirer making an investigation under this Chapter may by order in writing require the attendance before himself of any person being within the limits of the station of such police officer or any adjoining station or within the local limits of the jurisdiction of such inquirer who, from the information given or otherwise, appears to be acquainted with the circumstances of the case, and such person shall attend as so required.

If any person when required to attend by an inquirer refuses or fails to do so, the inquirer may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order as aforesaid. The whole of such statement shall be recorded in full in the manner set out in section 2. If the police officer or inquirer asks any question in clarification such question and the answer given thereto shall be recorded in form of question and answer.

Such record shall be shown or read to such person or if he does not understand the language in which it is written, it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement. The person making the statement shall then sign that statement immediately at the place where the statement is concluded.

The police officer or inquirer recording the statement shall append below each statement recorded by him the following certificate—. If such statement is not recorded in the Information Book, a true copy thereof shall as soon as may be convenient be entered by such police officer or inquirer in the Information Book.

Any alterations in such statement shall be initiated by the person making it and any portion of the statement that requires to be deleted as a result of the alteration shall be scored off in such a manner as would not make that portion illegible. A statement made by any person to a police officer in the course of any investigation may be used in accordance with the provisions of the Evidence Ordinance except for the purpose of corroborating the testimony of such person in court:. Provided that a statement made by an accused person in the course of any investigation shall only be used to prove that he made a different statement at a different time.

Anything in this subsection shall not be deemed to apply to any statement falling within the provisions of section 27 of the Evidence Ordinance or to prevent any statement made by a person in the course of any investigation being used as evidence in a charge under section of the Penal Code. Save as otherwise provided for in section neither the accused nor his agents shall be entitled to call for such statements, nor shall be or they be entitled to see them merely because they are referred to by the court but if they are used by the police officer or inquirer or witness who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer or inquirer or witness the provisions of the Evidence Ordinance, section or section , as the case may be, shall apply:.

Provided that where a preliminary inquiry under Chapter XV is being held in respect of any offence, such statements of witnesses as have up to then been recorded shall, on the application of the accused, be made available to him for his perusal in open court during the inquiry. Any inquirer or police officer shall not offer or make or cause to be offered or made any inducement, threat, or promise to any person charged with an offence to induce such person to make any statement with reference to the charge against such person.

But any inquirer or police officer shall not prevent or discourage by any caution or otherwise any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will. When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station. The provisions of section shall apply to every such warrant.

If at the end of the said period of fifteen days proceedings are not instituted the Magistrate may subject to subsection 3 either discharge the suspect or require him to execute a bond to appear if and when so required. Provided however that such person shall, subject to the provisions of the Criminal Procedure Special Provisions Law, No. The court may on an application in that behalf being made by an officer in charge of a police station authorise him or any other named police officer to take the suspect in the company of an officer of the Prisons Department from place to place other than to a police station if in the opinion of such court such action is considered necessary for the purpose of the investigation:.

Provided that during the period a police officer has access to a suspect or takes him from place to place under the provisions of this subsection, the suspect shall be deemed to be an accused person in the custody of such police officer for the purpose of the application of subsection 1 of section 27 of the Evidence Ordinance. Every inquirer shall, in addition to the powers hereinbefore mentioned within the local limits of his jurisdiction, have the following powers—. Any Magistrate having jurisdiction to hold an inquiry into any offence which is being investigated by an inquirer may at any stage withdraw the case from such inquirer and himself inquire into and try such case or commit the same for trial.

If in the report there is no allegation that the suspect has committed or been concerned in the committing of any offence the Magistrate shall discharge him. If the report alleges that the suspect has committed or been concerned in committing an offence he shall be prosecuted in accordance with the provisions of this Code. Anything in this Chapter contained shall not be construed to restrict the powers or duties vested in or imposed on police officers by this Code or any other enactment. The Government medical officer shall report to the police officer setting out the result of the examination.

Where such an order is made such person shall submit to an examination by such Government medical officer who shall report to the Magistrate setting out the result of the examination.

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Every Magistrate to whom application is made in that behalf shall assist the conduct of an investigation by making and issuing appropriate orders and processes of court and may, in particular hold, or authorise the holding of, an identification parade for the purpose of ascertaining the identity of the offender, and may for such purpose require a suspect or any other person to participate in such parade, allow a witness to make his identification from a concealed position and make or cause to be made a record of the proceedings of such parade.

Anything to the contrary in this or any other law notwithstanding it shall be lawful for any police officer not below the rank of Assistant Superintendent of Police to take over at any stage any investigation under this Chapter for any offence and to conduct and direct such investigation and for such purpose to cause the investigation or any part of it to be conducted by any police officer of his choice or by a team of specially selected police officers drawn from any part of the Island. Except as provided in Chapter XXI any peace officer or person in authority shall not offer or make or cause to be offered or made any inducement, threat, or promise to any person charged with an offence to induce such person to make any statement having reference to the charge against such person.

But any peace officer or other person shall not prevent or discourage by any caution or otherwise any person from making any statement which he may be disposed to make of his own free will. Provided however, the Court may, if it is of opinion that the accused has adduced reasons which are sufficient to show why he delayed to raise the defence of alibi within the period set out above, permit the accused at any time thereafter but prior to the conclusion of the case for the prosecution, to raise the defence of alibi. I believe that this statement was voluntarily made.

It was taken in my presence and hearing and was read over by me to the person making it and admitted by him to be correct, and it contains accurately the whole of the statement made by him. Every offence shall ordinarily be inquired into and tried by a court within the local limits of whose jurisdiction it was committed. When a person is accused of the commission of any offence by reason of anything which has been done and of any consequence which has ensued, such offence may be inquired into or tried by any court within the local limits of the jurisdiction of which any such thing has been done or any such consequence has ensued.

When an act is an offence by reason of the relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of the jurisdiction of which either act was done—. The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried either by the court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received by the accused person or by the court within the local limits of whose jurisdiction the offence was committed.

The offence of stealing anything may be inquired into or tried by any court within the local limits of whose jurisdiction such thing was stolen or was possessed by the thief or by any person who receives or retains the same knowing or having reason to believe it to be stolen. An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that Journey or voyage.

All offences against the provisions of any law for the time being in force relating to railways, telecommunications, the post office, or arms and ammunition may be inquired into or tried by any court, whether the offence is stated to have been committed within the local limits of the jurisdiction of such court or not, provided that the offender is found within such local jurisdiction.

Provided that such a complaint if in writing shall be drawn and countersigned by a pleader and signed by the complainant; or.

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Provided that when proceedings are instituted under this paragraph the accused or when there are several persons accused any one of them, shall be entitled to require that the case shall not be tried by the Magistrate upon whose knowledge or suspicion the proceedings were instituted, but shall either be tried by another Magistrate or committed for trial; or. In cases where the offence complained of is one of rape, carnal intercourse with a young girl, unnatural offence, or hurt of a serious nature or hurt whether serious or not alleged to have been caused by an instrument for stabbing or cutting, the Magistrate shall cause the person who is alleged to have been the subject of such rape, carnal intercourse, unnatural offence, or hurt, and the person accused of such rape, carnal intercourse or unnatural offence to be forthwith examined by a Government medical officer if he has not already been so examined.

Such examination may if the Magistrate thinks fit be held in private. Provided that such examination shall not be necessary where the Magistrate has before him a report of the facts of the case or a complaint in writing has been filed. Every summons or warrant issued under section shall contain a statement of the particulars of the offence charged and in the case of a summons shall require the accused to appear at a time and place therein specified to answer the charge therein set forth. Every examination held by the Magistrate under section shall be recorded in the manner provided in section 2.

If in a proceeding instituted under section the case appears to be one of culpable homicide the Magistrate shall, unless for reasons to be recorded by him he thinks it inexpedient, go to the spot where such offence appears to have been committed and if the accused be present before him shall proceed to hold such part of the inquiry directed by Chapter XV as may be necessary, and if the accused be not present shall hold an examination of such persons as may seem to him to be able to give material evidence.

Whenever a Magistrate issues a summons he may in his discretion dispense with the personal attendance of the accused and permit him to appear by a pleader:. Provided always that the Magistrate may in his discretion at any stage of the proceedings direct the personal attendance of the accused and enforce his attendance in manner hereinbefore provided.

A Magistrate conducting a preliminary inquiry shall at the commencement of such inquiry read over to the accused the charge or charges in respect of which the inquiry is being held, but upon such reading over the accused shall not be required to make any reply thereto; if any such reply is made, it shall not be recorded by the Magistrate; nor shall any such reply be admissible in evidence against the accused. The officer in charge of the police station where the relevant Information Book is kept shall at the commencement of the inquiry furnish to the Magistrate three certified copies of the notes of investigation and of all statements recorded in the course of the investigation.

Provided that the accused shall not be convicted of any offence other than that with which he has been charged unless such other offence is one of which he may be lawfully convicted under the provisions of this Code upon the trial of the offence with which he is charged. Provided that nothing contained in this section shall prevent the Magistrate from either forthwith or after such adjournment of the inquiry as may seem expedient in the interests of justice, proceeding to investigate any other charge upon which the accused may have been summoned or otherwise brought before him, or which, in the course of the charge so dismissed as aforesaid, it may appear that the accused has committed.

Provided however, the fact that such a statement had been made shall in no way prevent the accused from proceeding to trial in the High Court:. Provided further the fact that such a statement had been made shall in no way prejudice the accused at the trial. Provided, however, that the Magistrate may exclude from such list the name of any witness if he is of opinion that the evidence of such witness is not material.

Provided that if service cannot be effected in such manner by the exercise of due diligence, the notice shall be affixed to some conspicuous part of the house or homestead in which the witness ordinarily resides, and in such case the notice shall be deemed to have been duly served. It shall not be necessary to specify the sessions of the High Court in the bond, but the obligor shall be bound on receiving reasonable notice to attend at the trial in whatever sessions of the High Court the accused may be tried.

The Magistrate shall if the accused is committed for trial record whether the accused is on bail or in custody and certify under his hand the record of the inquiry. Provided that until a rate is so prescribed the rate shall be twenty-five cents for a hundred words. Subject to the provisions of this code or any other law, all prosecutions on indictment instituted in the High Court shall be tried by a Judge of that Court:.

Provided that in any case where at least one of the offences falls within the list of offences set out in the Second Schedule to the judicature Act, No 2 of , trial shall be by a jury, before a Judge, if and only if, the accused elects to be tried by a jury. But anything in this subsection shall not be deemed or construed to debar the prosecution after notice to the accused, from calling any witness or producing any document or thing not specified in the indictment.

Every inquiry held under this Chapter shall be concluded within one month of the commencement of the proceedings unless the Magistrate, for reasons to be recorded by him, finds it necessary to prolong the inquiry beyond the period of one month. This is equivalent to a statement that the case was not provided for by section of the Penal Code and that the general exception did not apply to it. The charge may state that A committed murder or cheating or theft or extortion or criminal intimidation, or than he used a false property-mark without reference to the definitions of those crimes contained in the Penal Code.

The charge should be in these words. Provided that the time included between the first and last of such dates shall not exceed one year. When the nature of the case is such that the particulars mentioned in section and the preceding subsections of this section do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. The charge need not set out the manner in which the theft was effected. The charge must set out the manner in which A cheated B.

The charge must set out that portion of the evidence given by A which is alleged to be false. The charge must set out the manner in which A obstructed B in the discharge of his functions. The charge need not state the manner in which A murdered B. The charge must set out the disobedience charged and the law infringed. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. Any error in stating either the offence or the particulars required to be stated in the charge and any omission to state the offence or those particulars shall not be regarded at any stage of the case as material, unless the accused was misled by such error or omission.

Unless it appears that A was in fact misled by this omission the error shall not be regarded as material. A defends himself, calls witnesses, and gives his own account of the transaction. The court may infer from this that the omission to set out the manner of the cheating is not material.

There were many transactions between A and B, and A had no means of knowing to which of them the charge referred and offered no defence. The court may infer from such facts that the omission to set out the manner of the cheating was in this case material. If the alteration made under section is such that proceeding immediately with tries trial is not likely in the opinion of the court to prejudice the accused in his defence or the prosecutor in the conduct of the case, the court may in its discretion after such alteration has been made, proceed with the trial as if the altered indictment or charge had been the original indictment or charge.

If the alteration made under section is such that proceeding immediately with the trial is likely in the opinion of the court to prejudice the accused or the prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary. If the indictment or charge as altered under section alleges an offence for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered indictment or charge is founded.

Whenever an indictment or charge is altered by the court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine with reference to such alteration any witnesses who may have been examined. A is convicted of an offence under section of the Penal Code upon a charge which omits to state that he knew the evidence which he corruptly used or attempted to use as true or genuine was false or fabricated.

If the court thinks it probable that A had such knowledge and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge; but if it appears probable from the proceedings that A had no such knowledge it shall quash the conviction. For every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately except in the cases mentioned in sections , , and which said sections may be applied either severally or in combination.

A is accused of a theft on one occasion and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and the causing grievous hurt. If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished the person accused of them may be charged with and tried at one trial for each of such offences, and in trials before the High Court such charges may be included in one and the same indictment.

If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence the person accused of them may be charged with and tried at one trial for the offence constituted by such acts when combined and for any offence constituted by any one or more of such acts and in trials before the High Court such charges may be included in one and the same indictment.

A may be separately charged with and convicted of the possession of each seal under section of the Penal Code. A may be separately charged with and convicted of two offences under section of the Penal Code. Pursuit of offenders into other jurisdictions. Arrest by private persons and procedure on such arrest. Person arrested to be taken before Magistrate or officer in charge of police-station.

Person arrested not to be detained more than twenty-four hours. Police to report apprehensions. Discharge of person apprehended. Offence committed in Magistrate's presence. Arrest by or in presence of Magistrate. Power, on escape, to pursue and retake. Provisions of sections 47, 48 and 49 to apply to arrest under section Form of summons. Summons by whom served.

Summons how served. Signature of receipt for summons. Service when person summoned cannot be found. Procedure when service cannot be effected as before provided. Service on servant of Republic. Service of summons outside local limits. Proof of service in such cases and when serving officer not present. Form of warrant of arrest Continuance of warrant of arrest. Court may direct security to be taken. Recognizance to be forwarded. Warrants to whom directed. Warrants to several persons.

Warrant may be directed to landholders, etc. Warrant directed to police-officer. Notification of substance of warrant. Person arrested to be brought before Court without delay. Where warrant may be executed. Warrant forwarded for execution outside jurisdiction. Warrant directed to police-officer for execution outside jurisdiction.

Procedure on arrest of person against whom warrant issued. Procedure by Magistrate before whom person arrested is brought. Proclamation for person absconding. Attachment of property of person absconding. Restoration of attached property. Issue of warrant in lieu of, or in addition to, summons. Power to take bond for appearance. Arrest by breach of bond for appearance. Provisions of this Chapter generally applicable to summonses and warrants of arrest. Sending of summons for service outside Bangladesh. Sending of warrants for execution outside Bangladesh. Service and execution in Bangladesh of processes received from outside Bangladesh.

Summons to produce document or other thing. Procedure as to letters and telegrams. When search-warrant may be issued. Power to restrict warrant. Search of house. Disposal of things found in search beyond jurisdiction. Power to declare certain publications forfeited and to issue search warrants for the same. Application to High Court Division to set aside order of forfeiture. Hearing by Special Bench. Order of Special Bench setting aside forfeiture.

Evidence to prove nature or tendency of newspapers. Procedure in High Court Division. Jurisdiction barred. Search for persons wrongfully confined. Direction, etc. Persons in charge of closed place to allow search. Search to be made in presence of witnesses. Occupant of place searched may attend. Power to impound document, etc. Magistrate may direct search in his presence. Security for keeping the peach on conviction. Security for keeping the peace in other cases.

Procedure of Magistrate not empowered to act under sub-section 1. Security for good behaviour from persons disseminating seditious matter. Security for good behaviour from vagrants and suspected persons. Security for good behaviour from habitual offenders. Order to be made.

Amendments to the Islamic Republic of Iran’s Code of Criminal Procedure – Part 2

Procedure in respect of person present in Court. Summons or warrant in case of person not so present. Copy of order under section to accompany summons or warrant. Power to dispense with personal attendance. Inquiry as to truth of information. Order to give security. Discharge of person informed against.

Commencement of period for which security is required. Contents of bond. Power to reject sureties. Imprisonment in default of security. Kind of imprisonment. Power to release persons imprisoned for failing to give security. Power of District Magistrate to cancel any bond for keeping the peach or good behaviour. Discharge of sureties.

Security for unexpired period of bond. Assembly to disperse on command of Magistrate or police officer. Use of civil force to disperse. Use of military force. Duty of officer commanding troops required by Magistrate to disperse assembly. Power of commissioned military officers to disperse assembly. Protection against prosecution for acts done under this Chapter. Conditional order for removal of nuisance.

Service or notification of order. Person to whom order is addressed to obey or show cause or claim jury. Consequence of his failing to do so.

Search form

Procedure where he appears to show cause. Procedure where existence of public right is denied. Procedure on order being made absolute Consequences of disobedience to order. Injunction pending inquiry. Magistrate may prohibit repetition or continuance of public nuisance. Power to issue order. Procedure where dispute concerning land, etc. Inquiry as to possession. Party in possession to retain possession until legally evicted. Power to attach subject of dispute. Disputes concerning rights of use of immovable property, etc.

Local inquiry. Order as to costs. Police to prevent cognizable offences. Information of design to commit such offences. Arrest to prevent such offences. Prevention of injury to public property.


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Inspection of weights and measures. Information in cognizable cases. Information in non-cognizable cases. Investigation into non-cognizable cases. Investigation into cognizable cases. Procedure where cognizable offence suspected. Where local investigation dispensed with. Where police-officer in charge sees no sufficient ground for investigation. Reports under section how submitted. Power to hold investigation or preliminary inquiry. Police-officer's power to require attendance of witnesses.

Examination of witnesses by police. Statements to police not to be signed; use of such statements in evidence. No inducement to be offered. Power to record statements and confessions. Search by police-officer. When officer-in-charge of police station may require another to issue search-warrant. Procedure when investigation cannot be completed in twenty-four hours.


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Report of investigation by subordinate police-officer. Release of accused when evidence deficient. Case to be sent to Magistrate when evidence is sufficient. Complainants and witnesses not to be required to accompany Police-Officer. Complainants and witnesses not to be subjected to restraint. Recusant complainant or witness may be forwarded in custody. Diary of proceedings in investigation. Report of police-officer. Police to inquire and report on suicide, etc. Power to summon persons. Inquiry by Magistrate into cause of death.

Power to disinter corpses. Ordinary place of inquiry and trial. Power to order cases to be tried in different sessions divisions. Accused triable in district where act is done or where consequence ensues. Place of trial where act is offence by reason of relation to other offence. Being a thug or belonging to a gang of dacoits, escape from custody, etc.

Criminal misappropriation and criminal breach of trust. Kidnapping and abduction. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts. Offence committed on a journey. High Court Division to decide, in case of doubt, district where inquiry or trial shall take place. Power to issue summons or warrant for offence committed beyond local jurisdiction. Magistrate's procedure on arrest.

Procedure where warrant issued by subordinate Magistrate. Liability for offences committed outside Bangladesh. Political Agents to certify fitness of inquiry into charge. Power to direct copies of depositions and exhibits to be received in evidence. Cognizance of offences by Magistrates.

Transfer of cases by Magistrates. Cognizance offences by Courts of Session. Prosecution for contempt of lawful authority of public servants. Prosecution for certain offences against public justice. Prosecution for certain offences relating to documents given in evidence. Prosecution for offences against the State. Prosecution for certain classes of criminal conspiracy.

Preliminary inquiry in certain cases. Prosecution of Judges and public servants. Power of Government as to prosecution. Prosecution for breach of contract, defamation and offences against marriage. Prosecution for adultery or enticing a married woman. Objection by lawful guardian to compliant by person other than person aggrieved. Form of authorization under second proviso to section or Examination of complainant.

Procedure by Magistrate not competent to take cognizance of the case. Postponement for issue of process. Dismissal of complaint. Issue of process. The Secretary of Homeland Security may carry out the functions pursuant to paragraphs 7 and 9 of subsection a by contract. The authority of this subsection may be transferred by the President to the Secretary of State.

In carrying out any duty under paragraphs 7 and 9 of subsection a , the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of If the scheduled rate of pay for the step to which the officer or member would be assigned in accordance with this paragraph is lower than the officer's or member's salary immediately prior to the enactment of this paragraph, the officer or member will be placed in and receive compensation at the next higher service step.

By authority vested in me as President by the Constitution and statutes of the United States of America, and in accordance with the provisions of the Act of December 31, , Public Law 94— 89 Stat. Section 1. There is transferred to the Secretary of State authority to determine the need for and to approve terms and conditions of the provision of reimbursable extraordinary protective activities for foreign diplomatic missions pursuant to [former] section 7 , and the authority to make reimbursements to State and local governments for services, personnel, equipment, and facilities pursuant to [former] section a of Title 3, United States Code ;.

There are transferred to the Secretary of State such unexpended moneys as may have been appropriated to the Department of the Treasury for the purpose of permitting reimbursements to be made under the provisions of [former] section a of Title 3, United States Code ;. The authority transferred pursuant to this Order shall be exercised in coordination with protective security programs administered by the Secretary of State under the Foreign Missions Act of [ 22 U. This Order shall be effective on October 1, Where one of such officers has made such report, the others need not do so.

Based on section 52 e 1 , 2 of title 11 , U. Remaining provisions of section 52 of title 11 , U. The words "or laws relating to insolvent debtors, receiverships, or reorganization plans" were inserted to avoid reference to "Title 11". This section [section 48] clarifies the meaning of section of title 18 , U. Act May 24, , substituted "or other laws of the United States" for "or laws".

Whoever, belonging to the armed land or naval forces of a belligerent nation or belligerent faction and being interned in the United States, in accordance with the law of nations, leaves or attempts to leave said jurisdiction, or leaves or attempts to leave the limits of internment without permission from the proper official of the United States in charge, or willfully overstays a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct.

Said section 37 was incorporated in this section and section of this title. Section , act June 25, , ch. Section A, added Pub. Section B, added Pub. Except as provided by subsection c of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than—. In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.

A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts.

Words "magistrate judge" and "United States magistrate judges" substituted for "magistrate" and "United States magistrates", respectively, wherever appearing in text pursuant to section of Pub. A enforce Federal laws and regulations for the protection of persons and property;. A serve warrants and subpoenas issued under the authority of the United States; and.

B conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Postal Service or persons on the property. The regulations may include reasonable penalties, within the limits prescribed in subparagraph B , for violations of the regulations.

The regulations shall be posted and remain posted in a conspicuous place on the property. B A person violating a regulation prescribed under this subsection shall be fined under this title, imprisoned for not more than 30 days, or both. Prior to amendment, text read as follows:. Probably should be "United". A law enforcement officer, who is authorized to arrest for an offense committed in his presence, may arrest a person who is released pursuant to chapter if the officer has reasonable grounds to believe that the person is violating, in his presence, a condition imposed on the person pursuant to section c 1 B iv , v , viii , ix , or xiii , or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section c 1 B x.

A any offense against the United States committed in such officer's presence; or. B any felony offense against the United States if such officer has probable cause to believe that the person to be arrested has committed or is committing that felony offense. Authorized employees of the Federal Motor Carrier Safety Administration may direct a driver of a commercial motor vehicle as defined in section of title 49 to stop for inspection of the vehicle, driver, cargo, and required records at or in the vicinity of an inspection site.

The Attorney General shall determine whether an individual furnishing information described in section is entitled to a reward and the amount to be paid. A determination made by the Attorney General or the President under this chapter shall be final and conclusive, and no court shall have power or jurisdiction to review it. Any reward granted under this chapter shall be certified for payment by the Attorney General. If it is determined that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Attorney General may take such measures in connection with the payment of the reward as deemed necessary to effect such protection.

No officer or employee of any governmental entity who, while in the performance of his or her official duties, furnishes the information described in section shall be eligible for any monetary reward under this chapter. Section, added Pub. Any individual and the immediate family of such individual who furnishes information which would justify a reward by the Attorney General under this chapter or by the Secretary of State under section 36 of the State Department Basic Authorities Act of may, in the discretion of the Attorney General, participate in the Attorney General's witness security program authorized under chapter of this title.

B an alien lawfully admitted for permanent residence in the United States as defined in section a 20 of the Immigration and Nationality Act 8 U. D any employee or contractor of the United States Government, regardless of nationality, who is the victim or intended victim of an act of terrorism by virtue of that employment;.

E a sole proprietorship, partnership, company, or association composed principally of nationals or permanent resident aliens of the United States; and. F a corporation organized under the laws of the United States, any State, the District of Columbia, or any territory or possession of the United States, and a foreign subsidiary of such corporation;. A section , , or of this title ; or.

Section 4 of the Subversive Activities Control Act of , referred to in par. Words "magistrate judge" substituted for "magistrate" in item pursuant to section of Pub. Rule 41 g , referred to in text, was relettered 41 h by amendment eff. Federal, State or Territorial Judges, or U.

B the fact that the warrant or any extension thereof was granted as applied for, was modified, or was denied;. C the period of delay in the giving of notice authorized by the warrant, and the number and duration of any extensions; and. The closing parenthesis probably should follow "section ". Issuance of search warrant on affidavit; contents to identify persons or place; command to search forthwith, Rule 41 c. A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.

The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investigation of the Department of Justice are empowered to make seizures under warrant for violation of the laws of the United States. Section a of title 5 , U. Method and time for execution, service and return of search warrant, Rule 41 c , d.

The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant. Said sections and were consolidated with minor changes in phraseology but without change of substance. Term "property" as used in Rule 41 includes documents, books, papers and any other tangible objects, Rule 41 g.

Rule 41 g , referred to in text, was redesignated 41 h by amendment eff. If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections and of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched.

If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit.

Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army. Based on sections , , of title 25 , U. Said sections , , and were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25 , U. Words "except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes" were inserted.

See reviser's note under section of this title. Inventory of property seized under search warrant and copies to persons affected, Rule 41 d. Magistrate judges and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule Section of title 18 , U. Rule 41 f , referred to in text, was redesignated 41 g by amendment eff. Words "magistrate judge" substituted for "magistrate" in section catchline and "Magistrate judges" substituted for "Magistrates" in text pursuant to section of Pub.

Another section was renumbered section of this title. Section effective 90 days after Oct. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district.

Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so. The Foreign Intelligence Surveillance Act of , referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section of Title 50 and Tables. The order, upon service of that order, shall apply to any person or entity providing wire or electronic communication service in the United States whose assistance may facilitate the execution of the order.

Whenever such an order is served on any person or entity not specifically named in the order, upon request of such person or entity, the attorney for the Government or law enforcement or investigative officer that is serving the order shall provide written or electronic certification that the order applies to the person or entity being served. To the extent that the pen register or trap and trace device can be set automatically to record this information electronically, the record shall be maintained electronically throughout the installation and use of such device.

B The record maintained under subparagraph A shall be provided ex parte and under seal to the court which entered the ex parte order authorizing the installation and use of the device within 30 days after termination of the order including any extensions thereof. A the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied;.

B the identity, if known, of the person who is the subject of the criminal investigation;. C the attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied, and, in the case of an order authorizing installation and use of a trap and trace device under subsection a 2 , the geographic limits of the order; and. D a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and.

The period of extension shall be for a period not to exceed sixty days. Prior to amendment, text read as follows: "Upon an application made under section of this title , the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. C and struck out former subpar C which read as follows: "the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and".

Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished, pursuant to section b or section of this title , to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

For complete classification of this Act to the Code, see Short Title note set out under section of Title 47 and Tables. Prior to amendment, text read as follows: "No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with a court order under this chapter or request pursuant to section of this title.

Prior to amendment, text read as follows: "A good faith reliance on a court order under this chapter, a request pursuant to section of this title , a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to section [amending this section and sections , , and of this title ] shall be reasonably compensated for such reasonable expenditures incurred in providing such facilities or assistance.

D an ongoing attack on a protected computer as defined in section that constitutes a crime punishable by a term of imprisonment greater than one year;. A prior section was renumbered section of this title. C and D. The Attorney General shall annually report to Congress on the number of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the Department of Justice, which report shall include information concerning—. A any district court of the United States including a magistrate judge of such a court or any United States court of appeals that—.

B a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;. The Federal Rules of Criminal Procedure, referred to in par. A and struck out former subpar. A which read as follows: "a district court of the United States including a magistrate judge of such a court or a United States Court of Appeals; or".

A prior section , acts June 25, , ch. A subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 42 U.

B subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person—. In any case that involves a minor victim under section , , , , a 1 , , , A, a 1 , a 2 , a 3 , A a 1 , A a 2 , A a 3 , A a 4 , , , , , or of this title , or a failure to register offense under section of this title , any release order shall contain, at a minimum, a condition of electronic monitoring and each of the conditions specified at subparagraphs iv , v , vi , vii , and viii.

B is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section a 20 of the Immigration and Nationality Act 8 U. If the official fails or declines to take such person into custody during that period, such person shall be treated in accordance with the other provisions of this section, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings.

If temporary detention is sought under paragraph 1 B of this subsection, such person has the burden of proving to the court such person's United States citizenship or lawful admission for permanent residence. A the person has been convicted of a Federal offense that is described in subsection f 1 of this section, or of a State or local offense that would have been an offense described in subsection f 1 of this section if a circumstance giving rise to Federal jurisdiction had existed;.

B the offense described in subparagraph A was committed while the person was on release pending trial for a Federal, State, or local offense; and.


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C a period of not more than five years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in subparagraph A , whichever is later. A an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act 21 U.

B an offense under section c , a , or b of this title ;. C an offense listed in section b g 5 B of title 18, United States Code , for which a maximum term of imprisonment of 10 years or more is prescribed;. D an offense under chapter 77 of this title for which a maximum term of imprisonment of 20 years or more is prescribed; or.

E an offense involving a minor victim under section , , , , a 1 , , , A, a 1 , a 2 , a 3 , A a 1 , A a 2 , A a 3 , A a 4 , , , , , or of this title. A a crime of violence, a violation of section , or an offense listed in section b g 5 B for which a maximum term of imprisonment of 10 years or more is prescribed;.

B an offense for which the maximum sentence is life imprisonment or death;. C an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act 21 U. D any felony if such person has been convicted of two or more offenses described in subparagraphs A through C of this paragraph, or two or more State or local offenses that would have been offenses described in subparagraphs A through C of this paragraph if a circumstance giving rise to Federal jurisdiction had existed, or a combination of such offenses; or.

E any felony that is not otherwise a crime of violence that involves a minor victim or that involves the possession or use of a firearm or destructive device as those terms are defined in section , or any other dangerous weapon, or involves a failure to register under section of title 18, United States Code ; or. B a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror. The hearing shall be held immediately upon the person's first appearance before the judicial officer unless that person, or the attorney for the Government, seeks a continuance.

Except for good cause, a continuance on motion of such person may not exceed five days not including any intermediate Saturday, Sunday, or legal holiday , and a continuance on motion of the attorney for the Government may not exceed three days not including any intermediate Saturday, Sunday, or legal holiday. During a continuance, such person shall be detained, and the judicial officer, on motion of the attorney for the Government or sua sponte, may order that, while in custody, a person who appears to be a narcotics addict receive a medical examination to determine whether such person is an addict.

At the hearing, such person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The person shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding pursuant to subsection e that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be supported by clear and convincing evidence.

The person may be detained pending completion of the hearing. The hearing may be reopened, before or after a determination by the judicial officer, at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of such person as required and the safety of any other person and the community.

A the person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and. B whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and.

In considering the conditions of release described in subsection c 1 B xi or c 1 B xii of this section, the judicial officer may upon his own motion, or shall upon the motion of the Government, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably assure the appearance of the person as required.

A the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release;. B the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest; and. C sections of this title relating to intimidation of witnesses, jurors, and officers of the court , relating to obstruction of criminal investigations , tampering with a witness, victim, or an informant , and retaliating against a witness, victim, or an informant.

The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason. The Controlled Substances Act, referred to in subsecs. For complete classification of this Act to the Code, see Short Title note set out under section of Title 21 and Tables.

A to C , respectively, of par. A , B , C , and E designations, and added subpar. Prior to amendment, cl. A and B , in provision preceding subpar. A substituted "subsection b of this section" for "subsection b " and "such judicial officer" for "he", in subpar. B redesignated subpars. D of par. Amendment by sections to of Pub. For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section of Title 8 , Aliens and Nationality. If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section b or c.

A i the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or. B the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community. A by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section b or c of this title; and. B that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—.

If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section b or c of this title, except that in the circumstance described in subparagraph B iv of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence. Except as provided in subsection b of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section , shall—.

A and B , redesignated former subpars. B , and added par. See Amendment note below. See Amendment note above. Amendment by section 55 a , d of Pub. If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section of this title. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice.

Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure. The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title. The motion shall be determined promptly. The appeal shall be determined promptly.

All Definitions of CPC, 1908

A person subject to detention pursuant to section a 2 or b 2 , and who meets the conditions of release set forth in section a 1 or b 1 , may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate. Words "magistrate judge" substituted for "magistrate" in subsecs.

A if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for—. B if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both. A prior section , added Pub. Another prior section , act Aug. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.

A person convicted of an offense committed while released under this chapter shall be sentenced, in addition to the sentence prescribed for the offense, to—.

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