KSC, TITLE 6.  THE JUDICIARY
 
Chapter 45.  Pre-trial Matters

Section 6.4501.  Prosecution.
Section 6.4502.  Initial appearance.
Section 6.4503.  Preliminary examination.

      Section 6.4501.  Prosecution.
       The conduct of a criminal prosecution is in the name of the State of Kosrae.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.

      Section 6.4502.  Initial appearance.

     (1)  Upon arrest or within a reasonable time after arrest an accused comes before the Court in an initial appearance at which the Court:

                  (a)  informs the accused of:

                      (1)  the charge;

                      (2)  the right to counsel;

                      (3)  the right to release on bail pursuant to law; and

  (b)  allows the accused reasonable time and opportunity to consult counsel upon his request;

  (c)  informs the accused of his right to a preliminary examination, to waive the examination, and the consequences of waiver;

  (d)  informs the accused that he is free to refrain from making a statement and that the prosecution may use a statement against him; and

  (e)  sets bail pursuant to law, upon the accused. s request, or alters bail previously set, in its discretion

     (2)  The Court does not request the accused person to plead at an initial appearance.

      Section 6.4503.  Preliminary examination.

     (1)  If an accused does not waive preliminary examination, the Court hears the evidence at a preliminary examination within a reasonable time following an initial appearance.

     (2)  If before trial the Court has released an accused on bail or personal recognizance and the accused requests a preliminary examination by the Court, the Court sets a preliminary examination, giving the accused and the State reasonable notice.

     (3)  The Court grants a reasonable continuance at the accused's or State's request for the preparation of evidence. The accused has the right to release on bail pursuant to law during a continuance.

     (4)  In a preliminary examination an accused may cross-examine witnesses against him and may introduce evidence in his own behalf.

     (5)  If an accused waives preliminary examination or, if from the evidence it appears to the Court that there is probable cause to believe that the accused has committed an offense, the Court:

                   (a)  sets trial;

                   (b)  fixes, continues, or alters bail pursuant to law; and

(c)  commits the accused to jail to await trial if the Court does not allow release on bail or personal recognizance.

     (6)  If following the preliminary examination it appears to the Court that the warrant of arrest, complaint or other statement of the charge does not properly name or describe the accused or that, although not guilty of the offense specified, there is probable cause to find that the accused has committed some other offense, the Court holds the accused to answer for the offense shown by the evidence.

     (7)  If the accused does not waive preliminary examination and from the evidence it does not appear to the Court that there is probable cause to believe that the accused has committed an offense, the Court discharges him.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.
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