KSC, TITLE 6.  THE JUDICIARY
 
Part IV.  Criminal Proceedings
 
Chapter 41.  Procedure

Section 6.4101.  Process obligatory upon Police.
Section 6.4102.  Dismissal.
Section 6.4103.  Security to keep the peace.
Section 6.4104.  Motor vehicle offense.

      Section 6.4101.  Process obligatory upon Police.

     (1)  Process in a criminal proceeding, contempt proceeding, or in juvenile delinquency proceeding, issued pursuant to law or rule, is obligatory upon a police officer having knowledge thereof.  A police officer who receives process promptly makes a diligent effort to execute or serve it either personally or through another police officer.

     (2)  This section applies to a show cause order in contempt, an order of attachment of a person, a summons, an order issued in a civil contempt proceeding or juvenile delinquency proceeding, and to process in a criminal proceeding.

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

      Section 6.4102.  Dismissal.
       The Attorney General may by leave of Court file a dismissal of an information, complaint or citation to terminate a prosecution.  Filing of a dismissal may not occur during trial without the accused's consent.  If there is unnecessary delay in bringing an accused to trial, the Court may dismiss an information, complaint, or citation.

      Section 6.4103.  Security to keep the peace.

     (1)  Upon filing of a complaint that a person has threatened or is likely to commit an offense against the person or property of another the Court examines under oath the complainant and witnesses, and has the complaint put in writing for signature under oath by the complainant.

     (2)  If the Court reasonably believes that an offense may occur, the Court issues a warrant to a police officer, stating the substance of the complaint and directing the officer to apprehend the accused and bring him before the Court at a certain time.

     (3)  If the accused denies the complaint, the Court examines the complainant under oath.  If it appears that there is no reasonable ground to fear the commission of an offense, the Court discharges the accused.  If the Court determines that the prosecution was malicious and without proper cause, it may enter judgment against the complainant for the costs of the prosecution.

     (4)  If the Court finds there is good cause to fear the commission of an offense, it may require the accused to enter into an undertaking in a sum the Court finds reasonable, to keep the peace toward the Government and the complainant.  The accused deposits the sum in cash with the Court or with Court approval gives bond in the same amount with sufficient surety.  If the accused does not affect the undertaking, the Court may find the accused in contempt.

     (5)  An undertaking to keep the peace is valid and binding for six months, subject to extension upon renewal of the complaint.  If the accused effects the undertaking, the Court discharges him.  If the accused does not effect the undertaking, the Court may find the accused in contempt of Court.

     (6)  If the Court finds after hearing that the defendant has violated an undertaking to keep the peace, the Court may direct a forfeiture of the whole or part of the deposit or bond, enforcing the forfeiture as in a forfeiture of bail. If the accused fulfills an undertaking to keep the peace, the Court returns his deposit or releases his bond.

      Section 6.4104.  Motor vehicle offense.
       By rule the Court may provide:

     (1)  a procedure for pre-trial payment of a fine in lieu of trial for an offense provided in Chapter 7 of Title 13; and

     (2)  a schedule of fines.

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