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§ 4635. Forfeiture and exoneration of deposit; disposition

(a) Rules 46 (f) and 46(g) of the Federal Rules of Criminal Procedure apply to the forfeiture and exoneration of money deposited in lieu of bail.

(b) If money deposited in lieu of bail is forfeited, and the forfeiture is not set aside or remitted, the magistrate, or the clerk of the district court, as the case may be, with whom it is deposited shall pay over the money in the manner prescribed for the paying over of other funds.

Subchapter IV-Surrender of Defendant

§ 4671. Surrender of defendant and exoneration of bail or deposit

At any time before the forfeiture of the undertaking of bail or deposit by a third person, the bail or depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner:

(1) a certified copy of the undertaking of the bail or a certified copy of the certificate of deposit shall be delivered to the officer, who shall detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender; and

(2) upon the undertaking or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the United States attorney, with a copy of the undertaking or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated, and on filing the order and the papers used on the application, they are exonerated accordingly.

§ 4672. Arrest by bail or depositor

For the purpose of surrendering the defendant, the bail or a person who has made a deposit to secure the release of the defendant, at any time before they are finally discharged, and at any place within the Canal Zone, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age and discretion to do so.

§ 4673. Return of deposit on surrender

If money has been deposited in lieu of bail and the defendant at any time before the forfeiture thereof surrenders himself or is surrendered to the officer to whom the commitment was directed, in the manner provided by sections 4671 and 4672 of this title, the court shall order a return of the deposit to the defendant, or to the person or persons found by the court to have deposited the money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon five days' notice to the United States attorney, with a copy of the certificate.

Subchapter V-Recommitment of Defendant; Bench Warrant § 4701. Failure to appear; insufficient bail; bench warrant (a) If the defendant in a criminal action triable in a district court or a magistrate's court has been released from custody on bail or on a deposit of money in lieu of bail, and does not appear in accordance with an order or direction of the court relating to his appearance, the court, in addition to the forfeiture of the bail or deposit, may issue a bench warrant for the defendant's arrest.

(b) If proof is made to the district judge or a magistrate that a defendant previously admitted to bail on a criminal charge is about to abscond, or that one or more of his bail are dead or insufficient, or have removed from the Canal Zone, the judge or magistrate shall require the defendant to give better security, or, for default thereof, cause him to be committed; and an order for his arrest may be indorsed on the former commitment, or a bench warrant for his arrest may be issued, setting forth the cause thereof.

§ 4702. Issuance and execution of bench warrant

In the district court, the bench warrant shall be issued by the clerk on order of the district judge. On application of the United States attorney, the clerk may issue additional warrants at any time after the order, whether the court is sitting or not.

§ 4703. Form and execution of bench warrant

(a) A bench warrant issued under this subchapter shall recite generally the facts upon which it is founded, and direct that the defendant be arrested by any peace officer, and either brought before the court or committed to the officer in whose custody he was at the time he was admitted to bail, to be detained until legally discharged. (b) The defendant may be arrested upon the bench warrant in the same manner as upon a warrant of arrest.

§ 4704. Commitment or admission to bail

(a) If the bench warrant recites as the ground upon which it is made the failure of the defendant to appear for judgment upon conviction, the defendant shall be committed according to the requirement of the warrant.

(b) If the bench warrant is made for a cause other than failure to appear for judgment, the court may fix the amount of bail and cause a direction to be inserted in the warrant that the defendant be admitted to bail in the sum fixed, which shall be specified in the warrant. When the defendant is admitted to bail, the bail may be taken by a magistrate.

Sec.

CHAPTER 225-SEARCH AND SEIZURE

4741. Search and seizure generally.

4742. Disposition of property.

4743. Search of defendant in presence of Judge or magistrate.

§ 4741. Search and seizure generally

(a) Except as provided in this section, Rule 41 of the Federal Rules of Criminal Procedure applies to search and seizure in the Canal Zone in connection with offenses triable in either the district court or a magistrate's court. References in Rule 41 to a United States commissioner shall be deemed to refer to a magistrate. The reference in Rule 41(b) (1) to the laws of the United States includes this Code and any other law of the United States applicable in the Canal Zone. (b) In any case, a search warrant authorized by Rule 41 (a) of the Federal Rules of Criminal Procedure may be issued by the district judge or by a magistrate.

(c) A search warrant may be directed to a peace officer, in addition to the officers designated by Rule 41 (c) of the Federal Rules of Criminal Procedure.

(d) In an action triable in a magistrate's court, a motion for return of property and to suppress evidence pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure shall be made before the magistrate who issued the search warrant or the magistrate before whom the trial is to be had or is being held, unless the search warrant was issued by the district judge and the motion is made before trial.

(e) In an action triable in a magistrate's court, if the search warrant was issued by a magistrate, the warrant, return, inventory, and other papers shall be filed with the magistrate before whom the action is triable, notwithstanding Rule 41(f) of the Federal Rules of Criminal Procedure.

§ 4742. Disposition of property

All property taken on a search warrant shall be retained by the officer executing the warrant in his custody, subject to the order of the court to which the papers are returned or the order of any other court in which the offense in respect to which the property was taken is triable.

§ 4743. Search of defendant in presence of judge or magistrate When a person charged with a felony is believed by the judge or magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the judge or magistrate may direct him to be searched and the weapons or other thing to be retained, subject to his order, or to the order of the court in which the defendant may be tried.

Sec.

CHAPTER 227-CORONER; POST-MORTEM
EXAMINATIONS

4781. Appointment of coroner and deputies.

4782. Regulations of the Governor.

4783. Duties of coroner; investigation of deaths.

4784. Post-mortem examinations by health director.

§ 4781. Appointment of coroner and deputies

The Governor shall appoint a coroner for the Canal Zone, and may appoint such deputy coroners as may be required.

§ 4782. Regulations of the Governor

The Governor shall prescribe, and from time to time may amend, regulations relating to the office of coroner, including, but not limited to, the procedure for investigating deaths.

§ 4783. Duties of coroner; investigation of deaths

(a) The coroner or deputy coroner shall investigate, and determine and record the cause of, the death of a person whose body is found in the Canal Zone, or whose body is brought into the Canal Zone and whose death occurred within the special maritime and territorial jurisdiction of the district court as defined by section 143 of Title 3, whenever:

(1) there is reason to believe that death was caused by :

(A) violence or unlawful means;

(B) suicide; or

(C) accident or casualty;

(2) the deceased was not under the care of a physician at the time of death; or

(3) the death was sudden or unusual or occurred under suspicious circumstances.

(b) In the investigation of a death, the coroner or deputy coroner may order an autopsy if he deems it necessary.

(c) The coroner is not required to investigate the death of a member of the Armed Forces of the United States that is investigated by a board of inquiry of the Armed Forces.

§ 4784. Post-mortem examinations by health director

(a) The health director of the Canal Zone shall perform or cause to be performed a post-mortem examination on a body found within the Canal Zone if:

(1) the cause of death can not otherwise be definitely determined; or

(2) there is reason to believe that death may have been due to a disease the knowledge of which, gained by the post-mortem examination, would be of importance in guarding the health of the community.

(b) Except as provided by subsections (c) and (d) of this section, a post-mortem examination may not be performed without the consent of the person or persons having the right and duty to control the disposition of the remains of the deceased, who are, in the absence of testamentary dispositions of the deceased, respectively in order of precedence the:

(1) surviving spouse;

(2) surviving child or children;

(3) surviving parent or parents; and

(4) person or persons respectively in the next degree of kindred in the order named by law as entitled to succeed the estate of the deceased.

(c) Post-mortem examinations on bodies found within the Canal Zone may be performed by the health director or his designee, without the consent specified by subsection (b) of this section, if:

(1) the coroner or deputy coroner has ordered an autopsy in a matter within his jurisdiction; or

(2) there are reasonable grounds to believe that the deceased may have died from a quarantinable disease.

(d) Post-mortem examinations on bodies brought into the Canal Zone shall be performed by the health director or his designee only in cases specified in paragraphs (1) and (2) of subsection (c) of this section. In such cases, the consent specified in subsection (b) of this section is not required.

Sec.

CHAPTER 229-COMPROMISING CRIMES

4821. Compromise of certain misdemeanors.

4822. Procedure for compromise.

4823. Order as bar to another prosecution.

4824. Other compromises prohibited.

§ 4821. Compromise of certain misdemeanors

When the person injured by an act constituting a misdemeanor has a remedy by civil action, the offense may be compromised as provided

by section 4822 of this title, except when it is committed:

(1) by or upon an officer of justice, while in the execution of the duties of his office;

(2) riotously; or

(3) with an intent to commit a felony.

§ 4822. Procedure for compromise

If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution and the defendant to be discharged therefrom. The reasons for the order shall be set forth therein, and entered on the minutes.

§ 4823. Order as bar to another prosecution

The order prescribed by section 4822 of this title is a bar to another prosecution for the same offense.

§ 4824. Other compromises prohibited

A public offense may not be compromised, nor may any proceeding or prosecution for the punishment thereof be stayed upon a compromise, except as provided by this chapter.

Sec.

CHAPTER 231-MENTAL INCOMPETENCY OF

DEFENDANT

4861. Trial or punishment of insane person prohibited.

4862. Mental incompetency after arrest and before sentence or expiration of probation.

4863. Mental incompetency undisclosed at trial.

4864. Procedure upon finding of mental incompetency.

4865. Commitment to hospital as exonerating bail.

4866. Rehearing as to mental incompetency after commitment to hospital. 4867. Appeal from magistrate's determination of mental incompetency. 4868. Mental examination of indigent defendant.

§ 4861. Trial or punishment of insane person prohibited

A person may not be tried, adjudged to punishment, or punished for a public offense while he is insane.

§ 4862. Mental incompetency after arrest and before sentence or expiration of probation

(a) If, at any time during the pendency of the proceedings in a criminal action triable in the district court or a magistrate's court and prior to the imposition of sentence or prior to the expiration of any period of probation, a substantial doubt arises as to the sanity of the defendant, the court shall determine if he is presently insane or is otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense. (b) In making the determination the court shall cause the defendant, whether or not previously admitted to bail, to be examined as to his mental condition by at least one designated examiner, as defined by section 1631 of Title 5. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1631 of Title 5, for such reasonable period as the court may determine. The designated examiner shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel.

(c) Upon receiving the report of the designated examiner, the court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted, including that of the reporting designated examiner, and the court shall make a finding with respect thereto.

(d) No statement made by the defendant, in the course of an examination into his sanity or mental competency provided for by this section, whether the examination is made with or without the consent of the defendant, shall be admitted in evidence against the defendant on the issue of guilt in any criminal proceedings. A finding by the court that the defendant is mentally competent to stand trial or hearing shall in no way prejudice the defendant in a plea of insanity as a defense to the crime charged; and such finding shall not be introduced in evidence on that issue nor otherwise be brought to the notice of the jury.

§ 4863. Mental incompetency undisclosed at trial

(a) When the Civil Affairs Director of the Canal Zone Government certifies that a prisoner convicted of a criminal offense and in the custody of the Canal Zone Government has been examined by at least three designated examiners as defined in section 1631 of Title 5, and that there is probable cause to believe that the person was insane or mentally incompetent at the time of his trial, provided the issue of insanity or mental competency was not raised and determined before or during the trial, the United States attorney shall transmit the report of the designated examiners and the certificate of the Civil Affairs Director to the court wherein the conviction was had.

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