Page:United States Statutes at Large Volume 76A.djvu/594

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

–498–

-498(b) I n applying the Federal Rules of Criminal Procedure, the term "district court" includes the United States District Coiirt 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) I n 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 I n 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.