179 1 United States or a judge of a court of record of general jurisdiction 2 3 5 6 8 of any state may, upon complaint made under oath, issue a warrant for the apprehension of a person who is within the jurisdiction of the 4 court and who is charged with having committed, within the jurisdiction of such foreign country, an offense covered by the provisions of such treaty or convention. Upon apprehension, the person shall be 7 brought before such magistrate or judge for a hearing. If, after a hearing, the magistrate or judge finds that the evidence is sufficient to sustain the charge under the provisions of such treaty or convention, he shall certify such finding, together with a copy of all the testimony taken before him, to the Secretary of State, so that a warrant may issue upon a formal request from the proper authorities of 13 such foreign country for the surrender of such person under the provisions of such treaty or convention. Pending surrender, the magistrate or judge shall order such person held in official detention. 9 10 11 12 14 15 16 17 18 19 20 21 23 24 "(b) FROM STATE INTO FEDERAL TERRITORIAL JURISDICTION OUTSIDE OF THE UNITED STATES.-If the executive authority of a state demands the return of an American citizen or national, as a fugitive from justice, who has fled to a place outside the United States but where the Federal government exercises territorial jurisdiction, the demand shall be accompanied by a copy of an indictment returned or an affidavit 22 made before a court of the demanding state charging such person with the commission of an offense. Such copy shall be certified as authentic by the governor or chief magistrate of the demanding state or other 25 person specially authorized. Upon receipt of the demand and accompanying documents, the Federal public servant who is vested with 27 authority shall cause such fugitive to be arrested and held in official detention. Upon apprehension, such Federal public servant shall notify the executive authority making the demand or the agent of such authority who is appointed to receive the fugutive and shall cause the fugitive to be delivered to such agent. If no such agent appears within three months of the date of arrest, to take the fugitive into his 33 custody, the person shall be discharged. An agent who receives such fugitive into his custody is empowered to transport him to the jurisdiction from which he has fled. 26 28 29 30 31 32 34 35 37 36 "(c) FROM COUNTRY UNDER CONTROL OF THE UNITED STATES TO THE UNITED STATES.-(1) Whenever any foreign country or territory, or any part of such country or territory, is occupied by or under the control of the United States, a person who violates the criminal laws in force in such country or territory by the commission of an offense 38 39 40 1 2 3 4 5 в 7 8 9 10 11 12 .13 14 180 substantially comparable to an offense set forth in paragraph (2) of this subsection shall be liable to arrest and official detention by a Federal law enforcement officer if he departs or flees from justice in such country or territory to the United States. Upon the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory, such person shall be surrendered and returned for trial under the laws in force in the place where the offense was committed. "(2) This subchapter, so far as applicable, shall govern proceedings authorized by this subsection. Such proceedings shall be held before a judge of a district court of the United States. Such judge shall hold such person on evidence which establishes probable cause that he is guilty of the commission of an offense substantially comparable to an offense set forth in the following sections: 39 40. "2-8E6 (Issuance of Written Instrument Without Authority); and piracy by the law of nations. 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 181 "(3) No return or surrender shall be made of a person charged with the commission of an offense of a political character. "(4) If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State. Such authorities shall secure to such person a fair and impartial trial. "§ 3-10F3. Procedure for Extradition "(a) PROVISIONAL Arrest and DETENTION.-The provisional arrest and detention of a person under section 3-10F2 (Extradition of Fugitive), prior to the presentation of formal proofs, may be obtained upon a request in writing from an authority competent to request the surrender of such fugitive addressed to an authority competent to grant such surrender. The request shall include an express statement that a warrant for the arrest of such fugitive has been issued within the jurisdiction of the authority making the request and that the warrant charges the fugitive with commission of the offense for which his extradition is sought to be obtained. No person shall be held under this section for more than ninety days. "(b) TIME OF COMMITMENT PENDING EXTRADITION.—If a person who is committed for extradition to a foreign country and delivery to an authorized agent of the government of such country is not so delivered and conveyed out of the United States within two calendar months following such commitment, any Federal or state judge, upon 24 application made to him by or on behalf of the person so committed 25 and upon proof that reasonable notice of such application has been 26 given to the Secretary of State, may order such person discharged out 27 of official detention, unless sufficient cause is shown why discharge 28 ought not to be ordered. 29 "(c) HEARING ON EXTRADITION.-(1) Hearings in cases of extradi30 tion under the provisions of a treaty or convention shall be held on 31 land, publicly, in a room or office easily accessible to the public. 32 "(2) Depositions, warrants, or other papers or copies of such papers 33 which are offered in evidence upon the hearing of any extradition case 34 shall be received and admitted in evidence at such hearing for all the purposes of such hearing if they are properly and legally authenticated 35 36 in such a way as to permit them to be received for similar purposes by 37 the tribunals of the foreign country from which the fugitive has de38 parted or fled. The certificate of the principal resident United States 39 foreign service officer in such foreign country shall be prima facie evi40 dence of authentication in the required manner. 182 1 "(3) In a hearing on extradition, if the person charged files an affi 2 3 4 5 6 7 8 9 10 davit declaring that there are one or more witnesses whose evidence is material to his defense, that he cannot safely go to trial without such witness or witnesses, what he expects to prove by each such witness, and that he is not possessed of sufficient means to pay the fees of such witness or witnesses, the judge or magistrate hearing the matter may order such witnesses to be subpoenaed. The costs incurred by such process and the fees of witnesses shall be paid in the same manner as in the case of witnesses subpoenaed in behalf of the United States. "(d) PROTECTION OF ACCUSED.-If a person is delivered by a foreign government to an agent of the United States for return to the United States for trial for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such person, including his security against lawless violence, until the final conclusion of his trial and until his final 16 discharge from official detention for or on account of the offense 17 specified in the warrant of extradition, and for a reasonable time following release from such detention. The President may assign such portion of the armed services or United States marshals and their deputies, as may be necessary for the safekeeping and protection of 11 12 13 14 15 18 19 20 21 22 23 24 such person. "(e) AUTHORITY OF RECEIVING AGENT.-A duly appointed agent to receive, on behalf of the United States, the delivery by a foreign government of a person accused of an offense committed within the 25 United States and to convey such person to the place of his trial shall 26 have all the powers of a United States marshal in the several districts through which it may be necessary for him to pass, so far as such power is necessary for the safekeeping of the such person. 2 3 "(a) PROCEDURE TO AND INCLUDING VERDICT.-The Supreme Court of the United States shall have the power to prescribe, from time to 4 time, rules of pleading, practice, and procedure with respect to any 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 2 26 28 29 or all proceedings prior to and including verdict, or finding of guilty or not guilty by the court if a jury has been waived, or plea of guilty, in criminal cases and proceedings to punish for criminal contempt of court in the United States district courts, in the district courts for the District of the Canal Zone and the Virgin Islands, in the Supreme Court of Puerto Rico, and in proceedings before United States magistrates. Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session of Congress but not later than the first day of May, and until the expiration of ninety days after which they have been reported. All laws in force at the expiration of such time and in conflict with such rules shall be of no further force or effect after such rules have taken effect. "(b) PROCEDURE AFTER VERDICT.-The Supreme Court of the United States shall have the power to prescribe, from time to time, rules of practice, and procedure with respect to any or all proceed21 ings after verdict, or finding of guilty by the court if a jury has been waived, or plea of guilty, in criminal cases and proceedings to punish for criminal contempt in the United States district courts, in the district courts for the District of the Canal Zone and the Virgin Islands, in the Supreme Court of Puerto Rico, before United States magistrates, in the United States courts of appeals, and in the Su27 preme Court of the United States. This section shall not give the Supreme Court power to abridge the right of the defendant to apply for withdrawal of a plea of guilty, if such application be made within ten 30 days after entry of such plea, and before sentence is imposed. The right of appeal shall continue in those cases in which appeals are 32 authorized by law, but the rules made as authorized under this section may prescribe the times for and manner of taking appeals and applying for writs of certiorari and preparing records and bills of exceptions and the conditions on which supersedeas, bail, or release pending 36 appeal may be allowed. The Supreme Court may fix the dates when such rules shall take effect and the extent to which they shall apply to proceedings then pending. Such rules shall not take effect until 39 they have been reported to Congress by the Chief Justice at or after the beginning of a regular session of Congress but not later than the 31 33 34 35 37 38 40 99-910 O 73 - pt. 5- 13 |