dreamproit/uscode huggingface dataset:
18 U.S.C. § 3367 (CRIMES AND CRIMINAL PROCEDURE)
§ 3367. Dismissal—(Rule)
See Federal Rules of Criminal Procedure
Dismissal filed by Attorney General or United States Attorney, Rule 48.
Dismissal on objection to array of grand jury or lack of legal qualification of individual grand juror, Rule 6(b)(2).
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 U.S.C. § 3402 (CRIMES AND CRIMINAL PROCEDURE)
§ 3402. Rules of procedure, practice and appeal 1
In all cases of conviction by a United States magistrate judge an appeal of right shall lie from the judgment of the magistrate judge to a judge of the district court of the district in which the offense was committed.
(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 90–578, title III, § 302(b), Oct. 17, 1968, 82 Stat. 1116; Pub. L. 100–702, title IV, § 404(b)(2), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Historical and Revision Notes
text: Based on title 18 U.S.C., 1940 ed., § 576a (Oct. 9, 1940, ch. 685, § 2, 54 Stat. 1059).
heading: Amendments
text: 1988—Pub. L. 100–702 struck out second par. which read as follows: “The Supreme Court shall prescribe rules of procedure and practice for the trial of cases before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States.”
1968—Pub. L. 90–578 provided that the appeal shall be of right, substituted “a United States magistrate”, “magistrate”, and “magistrates” for “United States commissioners”, “commissioner”, and “commissioners”, respectively, and provided that the appeals be to the judge of the district court and not to the district court and that the rules of the Supreme Court relate to appeals to the judges of the district courts rather than to the district courts.
heading: Change of Name
text: “United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note under section 2071 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3431 (CRIMES AND CRIMINAL PROCEDURE)
§ 3431. Term of court; power of court unaffected by expiration—(Rule)
See Federal Rules of Criminal Procedure
Expiration of term without significance in criminal cases, Rule 45(c).
(June 25, 1948, ch. 645, 62 Stat. 831.)
heading: References in Text
text: Rule 45(c) of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
18 U.S.C. § 3432 (CRIMES AND CRIMINAL PROCEDURE)
§ 3432. Indictment and list of jurors and witnesses for prisoner in capital cases
A person charged with treason or other capital offense shall at least three entire days before commencement of trial, excluding intermediate weekends and holidays, be furnished with a copy of the indictment and a list of the veniremen, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person.
(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 103–322, title VI, § 60025, Sept. 13, 1994, 108 Stat. 1982; Pub. L. 111–16, § 3(10), May 7, 2009, 123 Stat. 1608.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 562 (R.S. § 1033).
Words “or other capital offense” inserted after “treason” and “jurors” substituted for “jury”. The concluding sentence “When any person is indicted for any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial” was omitted. The change made by the revisers, permitting an additional day’s preparation for trial in homicide, kidnapping, rape, and other capital cases seemed not unreasonable.
Words “shall be delivered to him”, at end of section, were omitted as unnecessary.
Rule 10 of the Federal Rules of Criminal Procedure requires that the defendant in every case be given a copy of the indictment or information before he is called upon to plead. Thus there is no conflict between the rule and the revised section.
Minor changes in phraseology were made.
heading: Amendments
text: 2009—Pub. L. 111–16 inserted “, excluding intermediate weekends and holidays,” after “commencement of trial”.
1994—Pub. L. 103–322 inserted before period at end “, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person”.
heading: Effective Date of 2009 Amendment
text: Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.
18 U.S.C. § 3435 (CRIMES AND CRIMINAL PROCEDURE)
§ 3435. Receiver of stolen property triable before or after principal
A person charged with receiving or concealing stolen property may be tried either before or after the trial of the principal offender.
(June 25, 1948, ch. 645, 62 Stat. 831.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 101, 467 (Mar. 4, 1909, ch. 321, §§ 48, 288, 35 Stat. 1098, 1145).
Other provisions of sections 101 and 467 of title 18, U.S.C., 1940 ed., were incorporated in sections 641 and 662 of this title.
Necessary changes were made in phraseology.
18 U.S.C. § 3438 (CRIMES AND CRIMINAL PROCEDURE)
§ 3438. Pleas—(Rule)
See Federal Rules of Criminal Procedure
Plea of guilty, not guilty, or nolo contendere; acceptance by court; refusal to plead; corporation failing to appear, Rule 11.
Withdrawal of plea of guilty, Rule 32.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 U.S.C. § 3439 (CRIMES AND CRIMINAL PROCEDURE)
§ 3439. Demurrers and special pleas in bar or abatement abolished; relief on motion—(Rule)
See Federal Rules of Criminal Procedure
Motion to dismiss or for appropriate relief substituted for demurrer or dilatory plea or motion to quash, Rule 12.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 U.S.C. § 3440 (CRIMES AND CRIMINAL PROCEDURE)
§ 3440. Defenses and objections determined on motion—(Rule)
See Federal Rules of Criminal Procedure
Defenses or objections which may or must be raised before trial; time; hearing; effect of determination; limitations by law unaffected, Rule 12(b).
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 U.S.C. § 3441 (CRIMES AND CRIMINAL PROCEDURE)
§ 3441. Jury; number of jurors; waiver—(Rule)
See Federal Rules of Criminal Procedure
Jury trial, waiver, twelve jurors or less by written stipulation, trial by court on general or special findings, Rule 23.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 U.S.C. § 3442 (CRIMES AND CRIMINAL PROCEDURE)
§ 3442. Jurors, examination, peremptory challenges; alternates—(Rule)
See Federal Rules of Criminal Procedure
Examination and peremptory challenges of trial jurors; alternate jurors, Rule 24.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 U.S.C. § 3445 (CRIMES AND CRIMINAL PROCEDURE)
§ 3445. Motion for judgment of acquittal—(Rule)
See Federal Rules of Criminal Procedure
Motions for directed verdict abolished.
Motions for judgment of acquittal adopted; court may reserve decision; renewal, Rule 29.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 U.S.C. § 3481 (CRIMES AND CRIMINAL PROCEDURE)
§ 3481. Competency of accused
In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.
(June 25, 1948, ch. 645, 62 Stat. 833.)
heading: Historical and Revision Notes
text: Based on section 632 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, and section 1200, Art. 42(a), of Title 34, Navy. (Mar. 16, 1878, ch. 37, 20 Stat. 30).
Section was rewritten without change of substance.
heading: Short Title of 1997 Amendment
text: Pub. L. 105–6, § 1, Mar. 19, 1997, 111 Stat. 12, provided that: “This Act [enacting section 3510 of this title, amending section 3593 of this title, and enacting provisions set out as a note under section 3510 of this title] may be cited as the ‘Victim Rights Clarification Act of 1997’.”
18 U.S.C. § 3482 (CRIMES AND CRIMINAL PROCEDURE)
§ 3482. Evidence and witnesses—(Rule)
See Federal Rules of Criminal Procedure
Competency and privileges of witnesses and admissibility of evidence governed by principles of common law, Rule 26.
(June 25, 1948, ch. 645, 62 Stat. 833.)
heading: References in Text
text: Rule 26 of the Federal Rules of Criminal Procedure, referred to in text, was amended in 1972. The subject matter is covered by the Federal Rules of Evidence, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3484 (CRIMES AND CRIMINAL PROCEDURE)
§ 3484. Subpoenas—(Rule)
See Federal Rules of Criminal Procedure
Form, contents and issuance of subpoena, Rule 17(a).
Service in United States, Rule 17(d), (e,1).
Service in foreign country, Rule 17(d), (e,2).
Indigent defendants, Rule 17(b).
On taking depositions, Rule 17(f).
Papers and documents, Rule 17(c).
Disobedience of subpoena as contempt of court, Rule 17(g).
(June 25, 1948, ch. 645, 62 Stat. 833.)
18 U.S.C. § 3485 (CRIMES AND CRIMINAL PROCEDURE)
§ 3485. Expert witnesses—(Rule)
See Federal Rules of Criminal Procedure
Selection and appointment of expert witnesses by court or parties; compensation, Rule 28.
(June 25, 1948, ch. 645, 62 Stat. 833.)
heading: References in Text
text: Rule 28 of the Federal Rules of Criminal Procedure, referred to in text, was amended in 1972. The subject matter of this reference is covered by Federal Rules of Evidence, set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3486A (CRIMES AND CRIMINAL PROCEDURE)
[§ 3486A. Repealed. Pub. L. 106–544, § 5(b)(3), Dec. 19, 2000, 114 Stat. 2718]
text: Section, added Pub. L. 105–314, title VI, § 606(a)(2), Oct. 30, 1998, 112 Stat. 2984, related to administrative subpoenas in cases involving child abuse and child sexual exploitation.
18 U.S.C. § 3487 (CRIMES AND CRIMINAL PROCEDURE)
§ 3487. Refusal to pay as evidence of embezzlement
The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the Government Accountability Office, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement.
(June 25, 1948, ch. 645, 62 Stat. 833; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 180 (Mar. 4, 1909, ch. 321, § 94, 35 Stat. 1106; June 10, 1921, ch. 18, § 304, 42 Stat. 24).
“General Accounting Office” was substituted for “proper accounting officer of the Treasury”.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
18 U.S.C. § 3488 (CRIMES AND CRIMINAL PROCEDURE)
§ 3488. Intoxicating liquor in Indian country as evidence of unlawful introduction
The possession by a person of intoxicating liquors in Indian country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction.
(June 25, 1948, ch. 645, 62 Stat. 834.)
heading: Historical and Revision Notes
text: Based on section 245 of title 25, U.S.C., 1940 ed., Indians (May 18, 1916, ch. 125, § 1, 39 Stat. 124).
The only change made was the insertion of the word “Indian” before “country”, to substitute specificity for generality. (See definition of “Indian country” in section 1151 of this title.)
18 U.S.C. § 3491 (CRIMES AND CRIMINAL PROCEDURE)
§ 3491. Foreign documents
Any book, paper, statement, record, account, writing, or other document, or any portion thereof, of whatever character and in whatever form, as well as any copy thereof equally with the original, which is not in the United States shall, when duly certified as provided in section 3494 of this title, be admissible in evidence in any criminal action or proceeding in any court of the United States if the court shall find, from all the testimony taken with respect to such foreign document pursuant to a commission executed under section 3492 of this title, that such document (or the original thereof in case such document is a copy) satisfies the authentication requirements of the Federal Rules of Evidence, unless in the event that the genuineness of such document is denied, any party to such criminal action or proceeding making such denial shall establish to the satisfaction of the court that such document is not genuine. Nothing contained herein shall be deemed to require authentication under the provisions of section 3494 of this title of any such foreign documents which may otherwise be properly authenticated by law.
(June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, § 52, 63 Stat. 96; Pub. L. 88–619, § 2, Oct. 3, 1964, 78 Stat. 995; Pub. L. 94–149, § 3, Dec. 12, 1975, 89 Stat. 806.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on section 695a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 2, 49 Stat. 1562.)
heading: 1949 Act
text: This section [section 52] corrects section 3491 of title 18, U.S.C., so that the references therein will be to the correct section numbers in title 28, U.S.C., as revised and enacted in 1948.
heading: References in Text
text: The Federal Rules of Evidence, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
heading: Amendments
text: 1975—Pub. L. 94–149 substituted “the authentication requirements of the Federal Rules of Evidence” for “the requirements of section 1732 of Title 28”.
1964—Pub. L. 88–619 struck out “and section 1741 of Title 28” after “section 3494 of this title” in two places.
1949—Act May 24, 1949, substituted “section 1741” for “section 695e” and “section 1732” for “section 695” wherever appearing.
18 U.S.C. § 3493 (CRIMES AND CRIMINAL PROCEDURE)
§ 3493. Deposition to authenticate foreign documents
The consular officer to whom any commission authorized under section 3492 of this title is addressed shall take testimony in accordance with its terms. Every person whose testimony is taken shall be cautioned and sworn to testify the whole truth and carefully examined. His testimony shall be reduced to writing or typewriting by the consular officer taking the testimony, or by some person under his personal supervision, or by the witness himself, in the presence of the consular officer and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the witness. Every foreign document, with respect to which testimony is taken, shall be annexed to such testimony and subscribed by each witness who appears for the purpose of establishing the genuineness of such document. When counsel for all the parties attend the examination of any witness whose testimony is to be taken on written interrogatories, they may consent that oral interrogatories in addition to those accompanying the commission may be put to the witness. The consular officer taking any testimony shall require an interpreter to be present when his services are needed or are requested by any party or his attorney.
(June 25, 1948, ch. 645, 62 Stat. 835.)
heading: Historical and Revision Notes
text: Based on section 695c of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 4, 49 Stat. 1563).
18 U.S.C. § 3494 (CRIMES AND CRIMINAL PROCEDURE)
§ 3494. Certification of genuineness of foreign document
If the consular officer executing any commission authorized under section 3492 of this title shall be satisfied, upon all the testimony taken, that a foreign document is genuine, he shall certify such document to be genuine under the seal of his office. Such certification shall include a statement that he is not subject to disqualification under the provisions of section 3492 of this title. He shall thereupon transmit, by mail, such foreign documents, together with the record of all testimony taken and the commission which has been executed, to the clerk of the court from which such commission issued, in the manner in which his official dispatches are transmitted to the Government. The clerk receiving any executed commission shall open it and shall make any foreign documents and record of testimony, transmitted with such commission, available for inspection by the parties to the criminal action or proceeding in which such documents are to be used, and said parties shall be furnished copies of such documents free of charge.
(June 25, 1948, ch. 645, 62 Stat. 835.)
heading: Historical and Revision Notes
text: Based on section 695d of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 5, 49 Stat. 1563).
18 U.S.C. § 3495 (CRIMES AND CRIMINAL PROCEDURE)
§ 3495. Fees and expenses of consuls, counsel, interpreters and witnesses
(a) The consular fees prescribed under section 1201 of Title 22, for official services in connection with the taking of testimony under sections 3492–3494 of this title, and the fees of any witness whose testimony is taken shall be paid by the party who applied for the commission pursuant to which such testimony was taken. Every witness under section 3493 of this title shall be entitled to receive, for each day’s attendance, fees prescribed under section 3496 of this title. Every foreign counsel selected pursuant to a commission issued on application of the United States, and every interpreter whose services are required by a consular officer under section 3493 of this title, shall be paid by the United States, such compensation, together with such personal and incidental expense upon verified statements filed with the consular officer, as he may allow. Compensation and expenses of foreign counsel selected pursuant to a commission issued on application of any party other than the United States shall be paid by the party whom such counsel represents and shall be allowed in the same manner.
(b) Whenever any party makes affidavit, prior to the issuance of a commission for the purpose of taking testimony, that he is not possessed of sufficient means and is actually unable to pay any fees and costs incurred under this section, such fees and costs shall, upon order of the court, be paid in the same manner as fees and costs are paid which are chargeable to the United States.
(c) Any appropriation available for the payment of fees and costs in the case of witnesses subpenaed in behalf of the United States in criminal cases shall be available for any fees or costs which the United States is required to pay under this section.
(June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, § 54, 63 Stat. 96.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on section 695f of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 7, 49 Stat. 1564).
heading: 1949 Act
text: This section [section 54] corrects the reference in the first sentence of section 3495(a) of title 18, U.S.C., because the provisions which were formerly set out as section 127 of title 22, U.S.C., are now set out as section 1201 of such title.
heading: References in Text
text: Section 1201 of Title 22, referred to in subsec. (a), was transferred to section 4219 of Title 22, Foreign Relations and Intercourse.
heading: Amendments
text: 1949—Subsec. (a). Act May 24, 1949, substituted “section 1201” for “section 127”.
18 U.S.C. § 3496 (CRIMES AND CRIMINAL PROCEDURE)
§ 3496. Regulations by President as to commissions, fees of witnesses, counsel and interpreters
The President is authorized to prescribe regulations governing the manner of executing and returning commissions by consular officers under the provisions of sections 3492–3494 of this title and schedules of fees allowable to witnesses, foreign counsel, and interpreters under section 3495 of this title.
(June 25, 1948, ch. 645, 62 Stat. 836.)
heading: Historical and Revision Notes
text: Based on section 695g of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, § 8, 49 Stat. 1564).
heading: Ex. Ord. No. 10307. Delegation of Authority
text: Ex. Ord. No. 10307, Nov. 23, 1951, 16 F.R. 11907, provided:
By virtue of the authority vested in me by the act of August 8, 1950, 64 Stat. 419 (3 U.S.C. Supp. 301–303), I hereby delegate to the Secretary of State (1) the authority vested in the President by section 3496 of title 18 of the United States Code (62 Stat. 836) to prescribe regulations governing the manner of executing and returning commissions by consular officers under the provisions of sections 3492–3494 of the said title, and schedules of fees allowable to witnesses, foreign counsel, and interpreters under section 3495 of the said title, and (2) the authority vested in the President by section 3492(c) of title 18 of the United States Code (62 Stat. 835) to prescribe regulations making the provisions of sections 3492–3496 of the said title applicable to diplomatic officers.
Executive Order No. 8298 of December 4, 1939, entitled “Regulations Governing the Manner of Executing and Returning Commissions by Officers of the Foreign Service in Criminal Cases, and Schedule of Fees and Compensation in Such Cases”, is hereby revoked.