DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 31
General Provisions

9001.  Definitions.

      9001.  Definitions.
     As used in this Part title, the following terms shall have the meanings set forth below:

     (12)  "Arrest" means placing any person under any form of legal detention by legal authority.

     (2 8)  "Attorney General" means the chief legal officer on the staff of the Office of the Attorney General High Commissioner or any person appointed by the Governor High Commissioner to supervise prosecutions throughout the State of Chuuk Trust Territory.

     (3 5)  "Citation" means a written order to appear before a court at a time and place named therein to answer a criminal charge briefly described in the citation.  It shall contain a warning that failure to obey it will render the accused liable to have a complaint filed against him upon which a warrant of arrest may be issued.  The statement of the charge or charges in a citation or a copy thereof may be accepted by the court in place of an information in any misdemeanor tried in the first instance in a municipal community court or a district court.

     (4 1)  "Complaint" means a statement of the essential facts constituting a criminal offense by one or more persons named or described therein.  It shall be made under oath before a court or an official authorized to issue a warrant.  It may be either written or oral, but whenever the court or official hearing it deems practicable it shall be reduced to writing, signed by the complainant, and bear a record of the oath signed by the person who administered it.  The complaint shall refer to the Code Section, ordinance, district order, native custom, or other provision of the law which the accused is alleged to have violated, but any error in this reference or its omission may be corrected by leave of court at any time prior to sentence and shall not be ground for reversal of a conviction if the error or omission did not mislead the accused to his prejudice.  If a felony is not charged, the court may accept a complaint in lieu of an information.

     (5 6)  "Judge or Justice" means any member of the Chuuk State Supreme Court high court, a district court, or a municipal community court.

     (6 10)  "Oath" shall include a solemn affirmation.

     (7 4)  "Penal Summons" means a written order summoning a person or persons to appear before a court at a time and place named therein, instead of commanding an arrest.  Otherwise it shall meet all the requirements of a warrant.  It shall contain a warning that failure to obey it will render the accused liable to arrest upon a warrant.

     (8 11)  "Personal Recognizance" means a promise made before an official authorized to accept bail that in consideration of the release of the person he will appear in accordance with all orders of the court and that if he fails to do so he will pay a stated sum of money.

     (9 7)  "Policeman" means any member of the State of Chuuk Micronesia police or any person authorized by the Governor High Commissioner or any district administrator to act as a policeman.

     (10 3)  "Search Warrant" means a written order directed to a policeman, commanding him to search for and, if found, to seize and bring before a particular court or official certain articles supposed to be in the possession of a person or at a place named or described in the search warrant.  It shall be signed by the clerk of court or by the official issuing it, and shall state the grounds or probable cause for its issuance and the name of the person or persons whose statements, under oath, have been taken in support thereof.  It shall designate the court or official to whom it shall be returned.

     (11 2)  "Warrant of Arrest" means a written order commanding that a person or persons be arrested and brought without unnecessary delay before a court named therein, or otherwise dealt with according to law.  It shall be signed by the clerk of the court or by the official issuing it and shall contain the name of the accused, or if his name is unknown any name or description by which he can be identified with reasonable certainty.  It shall describe the criminal offense charged and may do so by referring to either the original or a copy of the complaint or information attached to or on the same sheet as the warrant.  Except where otherwise indicated, the word "Warrant" in this title refers to a "Warrant of Arrest."

     (9)  "District Attorney" means any person appointed by the High Commissioner to represent the government in any case, civil or criminal, in any court of the Trust Territory.

Source:  (Code 1966, 445; Code 1970, tit. 12, 1.) 12 TTC 1, Subsection (9) deleted as unnecessary and terms put into alphabetical order and Section modified.