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Based on section 695b of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, Sec. 3, 49 Stat. 1562). 1949 ACT This section [section 53] corrects section 3492(a) of title 18, U.S.C., so that the reference in the first sentence thereof will be to the correct section number in title 28, U.S.C., as revised and enacted in 1948. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1998 - Subsec. (c). Pub. L. 105-277 inserted at end "For purposes of this section and sections 3493 through 3496 of this title, the term 'consular officers' includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221)." 1975 - Subsec. (a). Pub. L. 94-149 substituted "the authentication requirements of the Federal Rules of Evidence" for "the requirements of section 1732 of Title 28". 1949 - Subsec. (a). Act May 24, 1949, substituted "section 1732" for "section 695". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3491, 3493, 3494, 3495, 3496 of this title. -End- -CITE- 18 USC Sec. 3493 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3493. Deposition to authenticate foreign documents -STATUTE- The consular officer to whom any commission authorized under section 3492 of this title is addressed shall take testimony in accordance with its terms. Every person whose testimony is taken shall be cautioned and sworn to testify the whole truth and carefully examined. His testimony shall be reduced to writing or typewriting by the consular officer taking the testimony, or by some person under his personal supervision, or by the witness himself, in the presence of the consular officer and by no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the witness. Every foreign document, with respect to which testimony is taken, shall be annexed to such testimony and subscribed by each witness who appears for the purpose of establishing the genuineness of such document. When counsel for all the parties attend the examination of any witness whose testimony is to be taken on written interrogatories, they may consent that oral interrogatories in addition to those accompanying the commission may be put to the witness. The consular officer taking any testimony shall require an interpreter to be present when his services are needed or are requested by any party or his attorney. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 835.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 695c of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, Sec. 4, 49 Stat. 1563). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3492, 3495, 3496 of this title. -End- -CITE- 18 USC Sec. 3494 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3494. Certification of genuineness of foreign document -STATUTE- If the consular officer executing any commission authorized under section 3492 of this title shall be satisfied, upon all the testimony taken, that a foreign document is genuine, he shall certify such document to be genuine under the seal of his office. Such certification shall include a statement that he is not subject to disqualification under the provisions of section 3492 of this title. He shall thereupon transmit, by mail, such foreign documents, together with the record of all testimony taken and the commission which has been executed, to the clerk of the court from which such commission issued, in the manner in which his official dispatches are transmitted to the Government. The clerk receiving any executed commission shall open it and shall make any foreign documents and record of testimony, transmitted with such commission, available for inspection by the parties to the criminal action or proceeding in which such documents are to be used, and said parties shall be furnished copies of such documents free of charge. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 835.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 695d of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, Sec. 5, 49 Stat. 1563). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3491, 3492, 3495, 3496 of this title. -End- -CITE- 18 USC Sec. 3495 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3495. Fees and expenses of consuls, counsel, interpreters and witnesses -STATUTE- (a) The consular fees prescribed under section 1201 of Title 22, for official services in connection with the taking of testimony under sections 3492-3494 of this title, and the fees of any witness whose testimony is taken shall be paid by the party who applied for the commission pursuant to which such testimony was taken. Every witness under section 3493 of this title shall be entitled to receive, for each day's attendance, fees prescribed under section 3496 of this title. Every foreign counsel selected pursuant to a commission issued on application of the United States, and every interpreter whose services are required by a consular officer under section 3493 of this title, shall be paid by the United States, such compensation, together with such personal and incidental expense upon verified statements filed with the consular officer, as he may allow. Compensation and expenses of foreign counsel selected pursuant to a commission issued on application of any party other than the United States shall be paid by the party whom such counsel represents and shall be allowed in the same manner. (b) Whenever any party makes affidavit, prior to the issuance of a commission for the purpose of taking testimony, that he is not possessed of sufficient means and is actually unable to pay any fees and costs incurred under this section, such fees and costs shall, upon order of the court, be paid in the same manner as fees and costs are paid which are chargeable to the United States. (c) Any appropriation available for the payment of fees and costs in the case of witnesses subpenaed in behalf of the United States in criminal cases shall be available for any fees or costs which the United States is required to pay under this section. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, Sec. 54, 63 Stat. 96.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on section 695f of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, Sec. 7, 49 Stat. 1564). 1949 ACT This section [section 54] corrects the reference in the first sentence of section 3495(a) of title 18, U.S.C., because the provisions which were formerly set out as section 127 of title 22, U.S.C., are now set out as section 1201 of such title. -REFTEXT- REFERENCES IN TEXT Section 1201 of Title 22, referred to in subsec. (a), was transferred to section 4219 of Title 22, Foreign Relations and Intercourse. -MISC2- AMENDMENTS 1949 - Subsec. (a). Act May 24, 1949, substituted "section 1201" for "section 127". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3492, 3496 of this title. -End- -CITE- 18 USC Sec. 3496 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3496. Regulations by President as to commissions, fees of witnesses, counsel and interpreters -STATUTE- The President is authorized to prescribe regulations governing the manner of executing and returning commissions by consular officers under the provisions of sections 3492-3494 of this title and schedules of fees allowable to witnesses, foreign counsel, and interpreters under section 3495 of this title. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 836.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 695g of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 20, 1936, ch. 640, Sec. 8, 49 Stat. 1564). -EXEC- EX. ORD. NO. 10307. DELEGATION OF AUTHORITY Ex. Ord. No. 10307, Nov. 23, 1951, 16 F.R. 11907, provided: By virtue of the authority vested in me by the act of August 8, 1950, 64 Stat. 419 (3 U.S.C. Supp. 301-303), I hereby delegate to the Secretary of State (1) the authority vested in the President by section 3496 of title 18 of the United States Code (62 Stat. 836) to prescribe regulations governing the manner of executing and returning commissions by consular officers under the provisions of sections 3492-3494 of the said title, and schedules of fees allowable to witnesses, foreign counsel, and interpreters under section 3495 of the said title, and (2) the authority vested in the President by section 3492(c) of title 18 of the United States Code (62 Stat. 835) to prescribe regulations making the provisions of sections 3492-3496 of the said title applicable to diplomatic officers. Executive Order No. 8298 of December 4, 1939, entitled "Regulations Governing the Manner of Executing and Returning Commissions by Officers of the Foreign Service in Criminal Cases, and Schedule of Fees and Compensation in Such Cases", is hereby revoked. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3492, 3495 of this title. -End- -CITE- 18 USC Sec. 3497 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3497. Account as evidence of embezzlement -STATUTE- Upon the trial of any indictment against any person for embezzling public money it shall be sufficient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the General Accounting Office. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 836.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Secs. 179, 355; section 668 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (R.S. Sec. 887; Mar. 4, 1909, ch. 321, Secs. 93, 225, 35 Stat. 1105, 1133; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24). This section is a consolidation of section 179 of title 18, U.S.C., 1940 ed., with similar provisions of section 355 of title 18, U.S.C., 1940 ed., and section 668 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, with changes of phraseology only except that "General Accounting Office" was substituted for "Treasury Department". Other provisions of said section 355 of title 18, U.S.C., 1940 ed., are incorporated in section 1711 of this title. Words in second sentence of said section 355 of title 18, U.S.C., 1940 ed., which preceded the semicolon therein and which read "Any failure to produce or to pay over any such money or property, when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement" were omitted as surplusage, because such failure to produce or to pay over such money or property constitutes embezzlement. (See sections 653 and 1711 of this title.) -End- -CITE- 18 USC Sec. 3498 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3498. Depositions - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Time, manner and conditions of taking depositions; costs; notice; use; objections; written interrogatories, Rule 15. Subpoenas on taking depositions, Rule 17(f). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 836.) -End- -CITE- 18 USC Sec. 3499 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3499. Contempt of court by witness - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Disobedience of subpoena without excuse as contempt, Rule 17(g). -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 836.) -End- -CITE- 18 USC Sec. 3500 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3500. Demands for production of statements and reports of witnesses -STATUTE- (a) In any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a Government witness or prospective Government witness (other than the defendant) shall be the subject of subpena, discovery, or inspection until said witness has testified on direct examination in the trial of the case. (b) After a witness called by the United States has testified on direct examination, the court shall, on motion of the defendant, order the United States to produce any statement (as hereinafter defined) of the witness in the possession of the United States which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use. (c) If the United States claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the United States to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the United States and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of said defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of such statement by said defendant and his preparation for its use in the trial. (d) If the United States elects not to comply with an order of the court under subsection (b) or (c) hereof to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared. (e) The term "statement", as used in subsections (b), (c), and (d) of this section in relation to any witness called by the United States, means - (1) a written statement made by said witness and signed or otherwise adopted or approved by him; (2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness and recorded contemporaneously with the making of such oral statement; or (3) a statement, however taken or recorded, or a transcription thereof, if any, made by said witness to a grand jury. -SOURCE- (Added Pub. L. 85-269, Sept. 2, 1957, 71 Stat. 595; amended Pub. L. 91-452, title I, Sec. 102, Oct. 15, 1970, 84 Stat. 926.) -MISC1- AMENDMENTS 1970 - Subsec. (a). Pub. L. 91-452, Sec. 102(a), struck out "to an agent of the Government" after "(other than the defendant)". Subsec. (d). Pub. L. 91-452, Sec. 102(b), substituted "subsection" for "paragraph". Subsec. (e). Pub. L. 91-452, Sec. 102(c), (d), struck out "or" after "by him;" in par. (1), struck out "to an agent of the Government" after "said witness" in par. (2), and added par. (3). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 6103. -End- -CITE- 18 USC Sec. 3501 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3501. Admissibility of confessions -STATUTE- (a) In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury

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