(b) In applying the Federal Rules of Criminal Procedure, the term "district court" includes the United States District Court for the District of the Canal Zone. The terms "district" and "insular possession" include the Canal Zone.

§ 3502. Criminal action defined

The proceedings by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action.

§ 3503. Parties to criminal action

A criminal action which is originally commenced in the Canal Zone is prosecuted in the name of the Government of the Canal Zone as a party against the person charged with the offense.

§ 3504. Style of process

The style of all process issued by the district court or a magistrate's court shall be in the name of the Government of the Canal Zone.

§ 3505. Designation of party prosecuted

The party prosecuted in a criminal action is designated in this title as the defendant.

§ 3506. Rights of defendant to trial and counsel

(a) In a criminal action the defendant is entitled:

(1) to a speedy and public trial; and

(2) to be allowed counsel as in civil actions, or to appear and defend in person and with counsel.

(b) Rule 44 of the Federal Rules of Criminal Procedure applies only in criminal actions within the original jurisdiction of the district court, and is subject to section 10 of Title 3, relating to the public defender.

§ 3507. Right to produce and be confronted with witnesses; depositions; prior testimony

In a criminal action the defendant is entitled to produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that:

(1) the deposition of a witness may be read, upon its being satisfactorily shown to the court that he is dead or insane or cannot with due diligence be found within the Canal Zone, in cases wherein the charge has been preliminarily examined before a committing magistrate and the testimony taken down in question and answer form in the presence of the defendant who has either in person or by counsel cross-examined or had an opportunity to cross-examine the witness;

(2) the testimony on behalf of the government or the defendant of a witness who is deceased, insane, out of the jurisdiction, or who cannot with due diligence be found within the Canal Zone, given on a former trial of the action in the presence of the defendant who has either in person or by counsel crossexamined or had an opportunity to cross-examine the witness, may be admitted;

(3) a deposition may be used as provided by chapter 217 of this title; and

(4) hearsay evidence may be admitted under an exception to the hearsay rule prescribed by section 2962 of Title 5, other than exception (3) therein relating to depositions and prior testimony, unless the court finds that the admission of such evidence would violate the traditional right of a defendant in a criminal action to be confronted with the witnesses against him.

§ 3508. Right of attorney to visit prisoner

An attorney at law entitled to practice in the courts of the Canal Zone may, at the request of a prisoner, after his arrest, visit the person so arrested.

§ 3509. Modes of conviction of public offense

A person may be convicted of a public offense only:

(1) by the verdict of a jury, accepted and recorded by the court;

(2) upon a plea of guilty;

(3) upon a judgment of the district court, when a jury is waived, or upon appeal from a judgment of a magistrate's court;

or

(4) upon a judgment of a magistrate's court.

§ 3510. Offenses committed within special maritime and territorial jurisdiction of United States

The practice and procedure in prosecutions under section 143 of Title 3 for offenses committed within the special maritime and territorial jurisdiction of the United States shall be the same as in other criminal actions tried under the laws of the Canal Zone.

§ 3511. Restraint before conviction

A person charged with a public offense shall not be subjected before conviction to any more restraint than is necessary for his detention to answer the charge.

Subchapter II-Double Jeopardy

§ 3541. Prohibition of second prosecution for same offense

A person may not be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.

§ 3542. Conviction, acquittal, or jeopardy; attempts; included

offenses

When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an information, the conviction, acquittal or jeopardy is a bar to another information for the same offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that information.

§ 3543. Former acquittal on merits

Whenever the defendant is acquitted on the merits he is acquitted of the same offense notwithstanding any defect in form or substance in the information on which the trial was had.

§ 3544. Former acquittal other than on merits

If the defendant was formerly acquitted on the ground of variance between the information and the proof, or the information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.

§ 3545. Dismissal on motion raising defense or objection to information

If a motion is granted which raises a defense or objection to an information on the ground that:

(1) it does not substantially conform to the requirements of this title or the Federal Rules of Criminal Procedure;

(2) more than one offense is charged;

(3) the facts stated do not constitute a public offense; or

(4) it contains any matter which if true would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution

the judgment is final upon that information, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the motion is granted may be avoided in a new information, directs a new information to be filed.

83546. Dismissal of unsigned information

An order to dismiss an information, because it is not subscribed by the United States attorney, is not a bar to a future prosecution for the same offense.

§ 3547. Dismissal by attorney for government or for want of prosecution

An order for the dismissal of the action, as provided in sections 4051-4053 of this title or Rule 48 of the Federal Rules of Criminal Procedure, is a bar to any other prosecution for the same offense, if it is a misdemeanor, unless the order is explicitly made for the purpose of amending the complaint or information in the action, in which instance the order for dismissal of the action is not a bar to a prosecution upon the amended complaint or information; but an order for the dismissal of the action is not a bar if the offense is a felony.

Subchapter III-Charging Previous Convictions

§ 3571. Charging previous conviction of offenses

In charging in an information the fact of a previous conviction of felony, or of an attempt to commit an offense which if perpetrated would have been a felony, or of petit larceny, it is sufficient to state, "That the defendant, before the commission of the offense charged in this information, was in (giving the title of the court in which the conviction was had) on (date) convicted of a felony (or attempt, and so forth, or of petit larceny)."

§ 3572. Pleading judgments

In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, shall be established on

the trial.

§3573. Plea and procedure on charge of previous conviction

When a defendant who is charged in the information with having suffered a previous conviction pleads either guilty or not guilty of the offense for which he is informed against, he shall be asked whether he has suffered the previous conviction. If he answers that he has, his answer shall be entered by the clerk in the minutes of the court, and, unless withdrawn by consent of the court, shall be conclusive of the fact of his having suffered the previous conviction in all subsequent proceedings. If he answers that he has not, his answer shall be entered by the clerk in the minutes of the court, and the question whether or not he has suffered the previous conviction shall be tried by the court or jury which tries the issue upon the plea of not guilty, or in case of a plea of guilty, by the court or a jury impaneled for that purpose. The refusal of the defendant to answer is equivalent to a denial that he has suffered the previous conviction. If the defendant pleads not guilty, and answers that he has suffered the previous conviction, the charge of the previous conviction may not be read to the court or jury, nor alluded to on the trial.

§ 3574. Finding on charge of previous conviction

When the fact of a previous conviction of another offense is charged in an information, the court or jury, if it finds a verdict of guilty of the offense with which he is charged, shall also, unless the answer of the defendant admits the charge, find whether or not he has suffered the previous conviction. The verdict of the jury or finding of the court upon a charge of a previous conviction may be: "The charge of previous conviction is true," or "The charge of previous conviction is not true."

Sec.

CHAPTER 203-SECURITY TO KEEP THE PEACE

3611. Complaint before magistrate of threatened offense.

3612. Examination of informer and witnesses.

3613. Warrant of arrest.

3614. Taking of testimony.

3615. Discharge of person complained of.

3616. Requiring security to keep the peace.

3617. Effect of giving or failing to give security.

3618. Discharge after commitment.

3619. Approval and filing of undertaking.

3620. Assault or threat in presence of magistrate.

3621. Breach of undertaking.

3622. Action upon the undertaking.

3623. Security to keep peace not otherwise required.

§ 3611. Complaint before magistrate of threatened offense

A complaint may be laid before a magistrate that a person has threatened to commit an offense against the person or property of another.

§ 3612. Examination of informer and witnesses

When the complaint is laid before the magistrate he shall:

(1) examine under oath the informer and any witness he may produce;

(2) take their depositions in writing and cause them to be subscribed by the parties making them; and

(3) examine all other proofs that may be presented.

§ 3613. Warrant of arrest

If it appears that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate shall issue a warrant directed to any constable or policeman, reciting the substance of the complaint and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate. § 3614. Taking of testimony

When the person informed against is brought before the magistrate and the charge is controverted, the magistrate shall take testimony in relation thereto. The evidence shall be reduced to writing and subscribed by the witnesses.

§ 3615. Discharge of person complained of

If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of shall be discharged and the complaining witness shall pay the costs. § 3616. Requiring security to keep the peace

If there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in a sum fixed by the magistrate, not exceeding $1,000, with one or more sufficient sureties, to keep the peace toward the Government of the Canal Zone and particularly toward the informer. The undertaking shall be valid and binding for six months and may upon the

renewal of the complaint be extended for a longer period or a new undertaking may be required.

§ 3617. Effect of giving or failing to give security

If the undertaking required by section 3616 of this title is given, the party informed against shall be discharged. If he does not give it, the magistrate shall commit him to jail, specifying in the order of commitment the requirement to give security, the amount thereof, and the omission to give it.

§ 3618. Discharge after commitment

If a person complained of is committed for not giving the undertaking required by section 3616 of this title, he may be discharged upon giving it.

§ 3619. Approval and filing of undertaking

The undertaking required by section 3616 of this title, if satisfactory, shall be approved by, and filed with, the magistrate.

§ 3620. Assault or threat in presence of magistrate

A person who in the presence of a magistrate assaults or threatens to assault another, or to commit an offense against his person or property, may be ordered by the magistrate to give security as provided by this chapter, and if he refuses to do so, may be committed as provided by section 3617 of this title.

§ 3621. Breach of undertaking

Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken.

§ 3622. Action upon the undertaking

Upon the United States attorney's producing evidence of a conviction referred to in section 3621 of this title to the district court, the court shall order the undertaking to be prosecuted and the United States attorney shall thereupon commence an action upon it in the name of the Government of the Canal Zone.

§ 3623. Security to keep peace not otherwise required

Security to keep the peace or to be of good behavior may not be required except as prescribed in this chapter.

Sec.

CHAPTER 205-LIMITATION OF ACTIONS

3661. Crimes having no limitation.

3662. Felonies generally.

3663. Misdemeanors.

3664. Exception when defendant is out of Canal Zone.

§ 3661. Crimes having no limitation

There is no limitation of time within which a prosecution for murder, the embezzlement of public moneys or the falsification of public records must be commenced.

§ 3662. Felonies generally

The prosecution for any felony other than murder, the embezzlement of public money or the falsification of public records, may be commenced only within three years after its commission.

§ 3663. Misdemeanors

The prosecution for any misdemeanor may be commenced within one year only after its commission.

§ 3664. Exception when defendant is out of Canal Zone

Time during which the defendant is not an inhabitant of, or usually resident within, the Canal Zone, is not a part of the limitations prescribed by sections 3662 and 3663 of this title.