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(b) The court shall thereupon hold a hearing to determine the sanity or mental competency of the defendant in accordance with section 4862 of this title and with all the powers therein granted. In the hearing the certificate of the Civil Affairs Director together with the report of the designated examiners shall be prima facie evidence of the facts and conclusions certified therein.

(c) If the court finds that the defendant was insane or otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense at the time of trial, the court shall vacate the judgment of conviction and grant a new trial.

§ 4864. Procedure upon finding of mental incompetency

When the court determines in accordance with section 4862 or 4863 of this title that a defendant is or was insane or mentally incompetent, the criminal proceedings shall be suspended and the court shall commit the defendant to a hospital as defined by section 1631 of Title

5 until:

(1) the defendant shall be sane or mentally competent to continue with the proceedings; or

(2) the pending charges against the defendant are dismissed or otherwise disposed of according to law and he is discharged from the hospital pursuant to chapter 57 of Title 5.

§ 4865. Commitment to hospital as exonerating bail

The commitment of the defendant, as provided for by section 4864 of this title, exonerates his bail. A cash deposit in lieu of bail shall be returned to the depositor or, if made by the defendant, to the person authorized to receive the property of the defendant.

§ 4866. Rehearing as to mental incompetency after commitment to hospital

(a) When in the opinion of at least one designated examiner, as defined by section 1631 of Title 5, the defendant has become sane or mentally competent, the head of the hospital to which the defendant has been committed shall report the opinion and findings of the designated examiner to the court which committed the defendant. The report shall be made a part of the court record and shall be accessible to the counsel for the Government and the defendant or his counsel.

(b) At any time after his commitment, the defendant may file a petition with the court which committed him for a rehearing on the question of his mental incompetency, if the petition is supported by an opinion and findings of at least one designated examiner, as defined by section 1631 of Title 5, that the defendant has become sane or mentally competent.

(c) Within a reasonable time after the filing of a report under subsection (a) of this section or a petition under subsection (b) of this section, the court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted and the court shall make a finding with respect thereto.

(d) Section 4862 (d) of this title applies to a statement by the defendant and a finding by the court in an examination or hearing provided for by this section.

§ 4867. Appeal from magistrate's determination of mental incompetency

(a) The determination by a magistrate that a defendant is 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 may be appealed by the defendant or by the Government to the district court, except that the Government may appeal only in proceedings not triable before the magistrate.

(b) Appeals shall be begun and proceeded with de novo in the district court.

(c) Upon announcement of his determination, the magistrate shall advise the defendant of his right to appeal and the manner of taking the appeal pursuant to section 3922 of this title.

(d) If an appeal is taken from a magistrate's determination that the defendant is insane or mentally incompetent, the defendant shall be committed pursuant to section 4864 of this title.

(e) Upon perfection of an appeal as required by section 3922 of this title, the magistrate shall forthwith transmit the judgment, and all documents pertaining thereto, to the clerk of the district court. § 4868. Mental examination of indigent defendant

If the court has reasonable cause to believe that a defendant in a criminal proceeding may have been insane at the time of the commission of the offense with which he is charged and it is demonstrated to the satisfaction of the court that the defendant is indigent, the district judge or magistrate, as the case may be, shall order the defendant, whether or not previously admitted to bail, to be observed and examined by at least one designated examiner, as defined by section 1631 of Title 5, regarding the defendant's sanity at the time of the commission of the offense. 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 or examiners 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 before the resumption of the proceedings. The appearance of the designated examiners to testify in behalf of the indigent defendant shall be at no expense to the defendant.

CHAPTER 233-DISPOSAL OF STOLEN OR EMBEZZLED PROPERTY AND PROPERTY TAKEN FROM ARRESTED PERSON

Sec.

4901. Custody of peace officer.

4902. Delivery to owner.

4903. Custody of court; delivery to owner.

4904. Delivery by trial court.

4905. Unclaimed property.

4906. Money or property taken from arrested person.

4907. Police department entries.

§ 4901. Custody of peace officer

When property alleged to have been stolen or embezzled comes into the custody of a peace officer, he shall hold it subject to the order of the court authorized by section 4902 of this title to direct the disposal thereof.

§ 4902. Delivery to owner

On satisfactory proof of the ownership of the property, the court before which the complaint is laid, or which examines the charge against the person accused of stealing or embezzling it, may, if neither party objects, order it to be delivered, permanently, or temporarily upon such conditions as the court may prescribe, to the owner on his paying the necessary expense incurred in its preservation, to be certified by the judge or magistrate of the court. The order entitles the owner to demand and receive the property.

§ 4903. Custody of court; delivery to owner

If the property stolen or embezzled comes into custody of a court, it may, if neither party objects, be delivered, permanently, or temporarily upon such conditions as the court may prescribe, to the owner on satisfactory proof of his title, and on his paying the necessary expense incurred in its preservation, to be certified by the judge or magistrate of the court.

§ 4904. Delivery by trial court

If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it, may, if the time for appeal has expired and no appeal has been taken, on proof of his title, order it to be restored to the owner.

§ 4905. Unclaimed property

If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the court shall order it sold on such terms and under such conditions as the court directs. The officer making the sale shall return the proceeds into court, whereupon the court shall order the balance of the proceeds, after deducting therefrom the expenses incurred in the preservation and sale of the property, to be delivered to the Canal Zone Government to be covered into the Treasury of the United States as miscellaneous receipts. § 4906. Money or property taken from arrested person

When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it shall at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. The officer shall deliver one of the receipts to the defendant and forthwith file the other, together with the money or property, with the desk officer of the police station.

§ 4907. Police department entries

The clerk or person having charge at the police department shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into the office or taken from the person of a prisoner, and shall attach a number to each article, and make a corresponding entry thereof.

Sec.

CHAPTER 235-CORPORATIONS AS DEFENDANTS

4941. Summons on complaint against corporation; service.

4942. Preliminary examination, information, and subsequent proceedings.
4943. Actions triable in magistrate's court.
4944. Collection of fine.

§ 4941. Summons on complaint against corporation; service
(a) Upon the filing of a complaint against a corporation in a
criminal action triable in the district court or a magistrate's court,
a summons shall be issued as provided by Rule 4 of the Federal Rules
of Criminal Procedure and section 3702 of this title, summoning the
corporation to appear before the magistrate to answer the charge
at a stated time and place. The time may not be less than 10 days
after the issuance of the summons.

(b) The summons to the corporation shall be served as provided by Rule 4 (c) (1), (2), and (3) and Rule 9(c) (1) of the Federal Rules of Criminal Procedure and return thereof shall be made as provided by Rule 4 (c) (4). The service shall be made at least five days before the date of appearance stated in the summons.

§ 4942. Preliminary examination, information, and subsequent proceedings

If the action is triable in the district court, the magistrate before whom the corporation is summoned to appear shall hold a preliminary examination as in the case of a natural person and certify either that there is or is not sufficient cause to believe the corporation guilty of the offense charged. In either case, the United States attorney may conduct an investigation and present an information to the district court and thereafter the same proceedings shall be had as in the case of a natural person.

§ 4943. Actions triable in magistrate's court

If an action against a corporation is triable in a magistrate's court, the same proceedings shall be had as in the case of a natural person. If the corporation fails to appear at the trial, the magistrate shall enter a plea of not guilty.

§ 4944. Collection of fine

When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it, by the proper officer of the court, out of the real and personal property of the corporation, in the same manner as upon an execution in a civil action.

CHAPTER 237-CRIMINAL EXTRADITION AND REMOVAL

Sec.

SUBCHAPTER I-EXTRADITION AND REMOVAL GENERALLY; REWARDS

4981. Application of extradition laws and treaties of United States.

4982. Arrest and removal to or from the Canal Zone.

4983. Payment of expenses.

4984. Limitation on compensation, fee, or reward.

4985. Rewards for apprehension of fugitives.

SUBCHAPTER II-UNIFORM CRIMINAL EXTRADITION ACT

5021. Definitions.

5022. Fugitives from justice; duty of Governor.

5023. Form of demand.

5024. Governor may investigate case.

5025. Extradition of persons imprisoned or awaiting trial in another state or who left the demanding state under compulsion.

5026. Extradition of persons not present in demanding state at time of commission of crime.

5027. Issue of Governor's warrant of arrest; its recitals.

5028. Manner and place of execution.

5029. Authority of arresting officer.

5030. Rights of accused person; application for writ of habeas corpus.

5031. Penalty for non-compliance with preceding section.

5032. Confinement in jail when necessary.

5033. Arrest prior to requisition.

5034. Arrest without a warrant.

5035. Commitment to await requisition; bail.

5036. Bail; in what cases; conditions of bond.

5037. Extension of time of commitment; adjournment.

5038. Forfeiture of bail.

5039. Persons under criminal prosecution in Canal Zone at time of requisition. 5040. Guilt or innocence of accused, when inquired into.

5041. Governor may recall warrant or issue alias.

5042. Fugitives from Canal Zone; duty of Governor.

5043. Application for issuance of requisition; by whom made; contents.

5044. Costs and expenses.

5045. Immunity from service of process in certain civil actions.

5046. Written waiver of extradition proceedings.

5047. Non-waiver by Canal Zone.

5048. No right of asylum; no immunity from other criminal prosecutions. 5049. Uniformity of interpretation.

5050. Short title.

SUBCHAPTER III—EXTRADITION OF FUGITIVES FROM REPUBLIC OF PANAMA 5081. Delivery to Panama of offenders who seek refuge in Canal Zone. 5082. Discretion as to delivery of citizen of United States.

5083. Person under accusation or sentence in Canal Zone.

5084. Prosecution for graver offense.

5085. Form of demand for arrest and delivery.

5086. Telegraphic request for detention.

5087. Procedure for arrest and detention.

5088. Term of detention.

5089. Authority of agents of Panama receiving fugitive in Canal Zone. 5090. Duty of Canal Zone authorities to facilitate return of fugitive. 5091. Delivery of objects found in fugitive's possession.

5092. Expense of capture, detention and transportation of fugitive.

Subchapter I-Extradition and Removal Generally; Rewards § 4981. Application of extradition laws and treaties of United States

All laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they are not in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and Territories of the United States, shall extend to and be considered in force in the Canal Zone, and for such purposes the Canal Zone shall be considered and treated as an organized Territory of the United States.

§ 4982. Arrest and removal to or from the Canal Zone

Section 3041 of Title 18, United States Code, and Rule 40 of the Federal Rules of Criminal Procedure, as far as applicable, apply throughout the United States for the arrest and removal therefrom to the Canal Zone of any person charged with the commission of any crime or offense against the United States within the Canal Zone, and apply within the Canal Zone for the arrest and removal therefrom to the United States of any person charged with the commission of any crime or offense against the United States.

The person may, by any judge or magistrate of the Canal Zone, and agreeably to the usual mode of process against offenders therein, be arrested and imprisoned or bailed, as the case may be, pending the issuance of a warrant for his removal to the United States, which warrant it shall be the duty of a judge of the district court seasonably to issue, and of the officer or agent of the United States designated for the purpose to execute. The officer or agent, when engaged in executing the warrant without the Canal Zone, has all the powers of a marshal of the United States as far as such powers are requisite for the prisoner's safe keeping and the execution of the warrant.

§ 4983. Payment of expenses

When the Governor of the Canal Zone demands the surrender to the authorities of the Canal Zone of an accused person who has been found and arrested in any State of the United States or in any foreign country, the accounts of the person employed by the Governor to bring back the accused person shall be audited and paid out of the treasury of the Canal Zone.

§ 4984. Limitation on compensation, fee, or reward

Compensation, fees, or rewards of any kind may not be paid to or received by a public officer of the Canal Zone, or other person, for a service rendered in procuring from the Governor the demand provided for by section 4983 of this title, or the surrender of the accused person, or for conveying him to the Canal Zone, or detaining him therein, except as provided in that section.

§ 4985. Rewards for apprehension of fugitives

The Governor may offer a reward not exceeding $1,000 for the apprehension of:

(1) a convict who has escaped from the penitentiary; or

(2) a person who has committed or is charged with the commission of an offense punishable with death.

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