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10 U.S.C. § 847Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 304 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes certain willful failures by people outside the military system to obey subpoenas or provide testimony or evidence federal offenses. It sets the courts, prosecution, and payment rules for those offenses.

(a)(1) A person described in paragraph (2) commits an offense against the United States by willfully failing or refusing to appear, or willfully refusing to qualify as a witness, testify, or produce required evidence. (2) These people are (A) a person outside this chapter who receives a witness subpoena or process under article 46(c) and is offered government reimbursement for fees and mileage at United States-court witness rates, or is advanced those amounts because of extraordinary hardship; and (B) a person outside this chapter who receives a subpoena or process under article 46(d). (b) The person must be prosecuted by indictment or information in a United States district court or a court with original criminal jurisdiction in a United States commonwealth or possession. Those courts have jurisdiction. On conviction, the court may impose a fine, imprisonment, or both. (c) After a military court, commission, court of inquiry, board, or convening authority certifies the facts, the United States attorney or the officer prosecuting for the United States in the relevant court must file an information and prosecute the violator. (d) Witness fees and mileage must be advanced or paid from witness-compensation appropriations.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)

Any person described in paragraph (2) who—

(A)

willfully neglects or refuses to appear; or

(B)

willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce;

is guilty of an offense against the United States.

(2)

The persons referred to in paragraph (1) are the following:

(A)

Any person not subject to this chapter who—

(i)

is issued a subpoena or other process described in subsection (c) of section 846 of this title (article 46); and

(ii)

is provided a means for reimbursement from the Government for fees and mileage at the rates allowed to witnesses attending the courts of the United States or, in the case of extraordinary hardship, is advanced such fees and mileage.

(B)

Any person not subject to this chapter who is issued a subpoena or other process described in subsection (d) of section 846 of this title (article 46).

(b)

Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court’s discretion.

(c)

The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, board, or convening authority, file an information against and prosecute any person violating this article.

(d)

The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.

Source credit: (Aug. 10, 1956, ch. 1041. 70A Stat. 53; Pub. L. 104–106, div. A, title XI, § 1111, Feb. 10, 1996, 110 Stat. 461; Pub. L. 109–163, div. A, title X, § 1057(a)(5), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 112–81, div. A, title V, § 542(a), (b), Dec. 31, 2011, 125 Stat. 1411; Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(D), Dec. 26, 2013, 127 Stat. 958; Pub. L. 114–328, div. E, title LVII, § 5229, Dec. 23, 2016, 130 Stat. 2913.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 461
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3440
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1411
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 958
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2913

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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