Legislación
US (United States) Code. Title 18. Chapter 216: Special Grand Jury
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18 USC CHAPTER 216 - SPECIAL GRAND JURY 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 216 - SPECIAL GRAND JURY
.
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CHAPTER 216 - SPECIAL GRAND JURY
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Sec.
3331. Summoning and term.
3332. Powers and duties.
3333. Reports.
3334. General provisions.
AMENDMENTS
1970 - Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84
Stat. 923, added chapter 216 and items 3331 to 3334.
NATIONAL COMMISSION ON INDIVIDUAL RIGHTS
Pub. L. 91-452, title XII, Sec. 1201-1211, Oct. 15, 1970, 84
Stat. 960, 961, established the National Commission on Individual
Rights to conduct a comprehensive study and review of Federal laws
and practices relating to special grand juries authorized under
chapter 216 of this title, dangerous special offender sentencing
under section 3575 of this title, wiretapping and electronic
surveillance, bail reform and preventive detention, no-knock search
warrants, the accumulation of data on individuals by Federal
agencies as authorized by law or acquired by executive action, and
other practices which in its opinion might infringe upon the
individual rights of the people of the United States. The
Commission was required to make interim reports at least every two
years and a final report to the President and Congress six years
after Jan. 1, 1972, and was to cease to exist 60 days after
submission of the final report.
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18 USC Sec. 3331 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 216 - SPECIAL GRAND JURY
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Sec. 3331. Summoning and term
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(a) In addition to such other grand juries as shall be called
from time to time, each district court which is located in a
judicial district containing more than four million inhabitants or
in which the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or any designated Assistant Attorney
General, certifies in writing to the chief judge of the district
that in his judgment a special grand jury is necessary because of
criminal activity in the district shall order a special grand jury
to be summoned at least once in each period of eighteen months
unless another special grand jury is then serving. The grand jury
shall serve for a term of eighteen months unless an order for its
discharge is entered earlier by the court upon a determination of
the grand jury by majority vote that its business has been
completed. If, at the end of such term or any extension thereof,
the district court determines the business of the grand jury has
not been completed, the court may enter an order extending such
term for an additional period of six months. No special grand jury
term so extended shall exceed thirty-six months, except as provided
in subsection (e) of section 3333 of this chapter.
(b) If a district court within any judicial circuit fails to
extend the term of a special grand jury or enters an order for the
discharge of such grand jury before such grand jury determines that
it has completed its business, the grand jury, upon the affirmative
vote of a majority of its members, may apply to the chief judge of
the circuit for an order for the continuance of the term of the
grand jury. Upon the making of such an application by the grand
jury, the term thereof shall continue until the entry upon such
application by the chief judge of the circuit of an appropriate
order. No special grand jury term so extended shall exceed
thirty-six months, except as provided in subsection (e) of section
3333 of this chapter.
-SOURCE-
(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84
Stat. 923; amended Pub. L. 100-690, title VII, Sec. 7020(d), Nov.
18, 1988, 102 Stat. 4396.)
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AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-690 inserted '', the Associate
Attorney General'' after ''Deputy Attorney General''.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3334 of this title.
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18 USC Sec. 3332 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 216 - SPECIAL GRAND JURY
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Sec. 3332. Powers and duties
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(a) It shall be the duty of each such grand jury impaneled within
any judicial district to inquire into offenses against the criminal
laws of the United States alleged to have been committed within
that district. Such alleged offenses may be brought to the
attention of the grand jury by the court or by any attorney
appearing on behalf of the United States for the presentation of
evidence. Any such attorney receiving information concerning such
an alleged offense from any other person shall, if requested by
such other person, inform the grand jury of such alleged offense,
the identity of such other person, and such attorney's action or
recommendation.
(b) Whenever the district court determines that the volume of
business of the special grand jury exceeds the capacity of the
grand jury to discharge its obligations, the district court may
order an additional special grand jury for that district to be
impaneled.
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(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84
Stat. 924.)
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REFERENCES IN TEXT
The criminal laws of the United States, referred to in subsec.
(a), are classified generally to this title.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3333, 3334 of this title.
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18 USC Sec. 3333 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 216 - SPECIAL GRAND JURY
-HEAD-
Sec. 3333. Reports
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(a) A special grand jury impaneled by any district court, with
the concurrence of a majority of its members, may, upon completion
of its original term, or each extension thereof, submit to the
court a report -
(1) concerning noncriminal misconduct, malfeasance, or
misfeasance in office involving organized criminal activity by an
appointed public officer or employee as the basis for a
recommendation of removal or disciplinary action; or
(2) regarding organized crime conditions in the district.
(b) The court to which such report is submitted shall examine it
and the minutes of the special grand jury and, except as otherwise
provided in subsections (c) and (d) of this section, shall make an
order accepting and filing such report as a public record only if
the court is satisfied that it complies with the provisions of
subsection (a) of this section and that -
(1) the report is based upon facts revealed in the course of an
investigation authorized by subsection (a) of section 3332 and is
supported by the preponderance of the evidence; and
(2) when the report is submitted pursuant to paragraph (1) of
subsection (a) of this section, each person named therein and any
reasonable number of witnesses in his behalf as designated by him
to the foreman of the grand jury were afforded an opportunity to
testify before the grand jury prior to the filing of such report,
and when the report is submitted pursuant to paragraph (2) of
subsection (a) of this section, it is not critical of an
identified person.
(c)(1) An order accepting a report pursuant to paragraph (1) of
subsection (a) of this section and the report shall be sealed by
the court and shall not be filed as a public record or be subject
to subpena or otherwise made public (i) until at least thirty-one
days after a copy of the order and report are served upon each
public officer or employee named therein and an answer has been
filed or the time for filing an answer has expired, or (ii) if an
appeal is taken, until all rights of review of the public officer
or employee named therein have expired or terminated in an order
accepting the report. No order accepting a report pursuant to
paragraph (1) of subsection (a) of this section shall be entered
until thirty days after the delivery of such report to the public
officer or body pursuant to paragraph (3) of subsection (c) of this
section. The court may issue such orders as it shall deem
appropriate to prevent unauthorized publication of a report.
Unauthorized publication may be punished as contempt of the court.
(2) Such public officer or employee may file with the clerk a
verified answer to such a report not later than twenty days after
service of the order and report upon him. Upon a showing of good
cause, the court may grant such public officer or employee an
extension of time within which to file such answer and may
authorize such limited publication of the report as may be
necessary to prepare such answer. Such an answer shall plainly and
concisely state the facts and law constituting the defense of the
public officer or employee to the charges in said report, and,
except for those parts thereof which the court determines to have
been inserted scandalously, prejudiciously, or unnecessarily, such
answer shall become an appendix to the report.
(3) Upon the expiration of the time set forth in paragraph (1) of
subsection (c) of this section, the United States attorney shall
deliver a true copy of such report, and the appendix, if any, for
appropriate action to each public officer or body having
jurisdiction, responsibility, or authority over each public officer
or employee named in the report.
(d) Upon the submission of a report pursuant to subsection (a) of
this section, if the court finds that the filing of such report as
a public record may prejudice fair consideration of a pending
criminal matter, it shall order such report sealed and such report
shall not be subject to subpena or public inspection during the
pendency of such criminal matter, except upon order of the court.
(e) Whenever the court to which a report is submitted pursuant to
paragraph (1) of subsection (a) of this section is not satisfied
that the report complies with the provisions of subsection (b) of
this section, it may direct that additional testimony be taken
before the same grand jury, or it shall make an order sealing such
report, and it shall not be filed as a public record or be subject
to subpena or otherwise made public until the provisions of
subsection (b) of this section are met. A special grand jury term
may be extended by the district court beyond thirty-six months in
order that such additional testimony may be taken or the provisions
of subsection (b) of this section may be met.
(f) As used in this section, ''public officer or employee'' means
any officer or employee of the United States, any State, the
District of Columbia, the Commonwealth of Puerto Rico, any
territory or possession of the United States, or any political
subdivision, or any department, agency, or instrumentality thereof.
-SOURCE-
(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84
Stat. 924.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3331, 3334 of this title.
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18 USC Sec. 3334 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 216 - SPECIAL GRAND JURY
-HEAD-
Sec. 3334. General provisions
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The provisions of chapter 215, title 18, United States Code, and
the Federal Rules of Criminal Procedure applicable to regular grand
juries shall apply to special grand juries to the extent not
inconsistent with sections 3331, 3332, or 3333 of this chapter.
-SOURCE-
(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84
Stat. 926.)
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |