Preliminary Matters

Source: (Code 1966, § 486; Code 1970, tit. 12, § 201.) 12 TTC 5 § 201, modified.

§ 9062. Duties of official at preliminary hearing.

When an arrested person is brought before an official authorized to issue a warrant but such official is not competent to try the arrested person for the offense charged, the official shall:

(1) Inform the arrested person of the charge or charges;

(2) Inform the arrested person of his right to retain counsel and of his right to be released on bail as provided by law, and allow him reasonable time and opportunity to consult counsel, if desired;

(3) Inform the arrested person of his right to have a preliminary examination, and of his right to waive the examination and the consequences of such waiver;

(4) Inform the arrested person that he is not required to make a statement and that any statement that he does make may be used against him; and

(5) Fix the amount of bail as provided by law if the arrested person so requests or alter the bail previously set if the official deems best.

Source: (Code 1966, § 466(a); Code 1970, tit. 12, § 202.) 12 TTC 5 § 202, modified.

§ 9063. Plea not to be taken.

The arrested person shall not be called upon to plead at the preliminary hearing.

Source: (Code 1966, § 466(b); Code 1970, tit. 12, § 203.) 12 TTC 5 § 203.

§ 9064. Pre-trial procedure.

(1) If the arrested person does not waive preliminary examination, the official shall hear the evidence within a reasonable time.

(2) A reasonable continuance shall be granted at the request of the arrested person or the prosecution to permit preparation of evidence. The arrested person has the right to be released on bail as provided by law during the period of a continuance.

(3) The arrested person may cross-examine witnesses against him and may introduce evidence in his own behalf.

(4) If the arrested person waives preliminary examination, or if from the evidence it appears to the official that there is probable cause to believe that a criminal offense has been committed and that the arrested person committed it, the official shall forthwith:

(a) Hold the arrested person to answer in a court competent to try him for the offense charged;

(b) Fix, continue, or alter the bail as provided by law; and

(5) If during the preliminary examination it appears to the official that the warrant of arrest, complaint or other statement of the charge or charges does not properly name or describe the person arrested or that although not guilty of the offense specified there is probable cause to believe he has committed some other offense, the official shall not discharge such person but shall forthwith hold him to answer for the offense shown by the evidence.

(6) If the arrested person does not waive preliminary examination and from the evidence it does not appear to the official that there is probable cause to believe that a criminal offense has been committed and that the arrested person committed it, the official shall discharge him.

Source: (Code 1966, § 466(c); Code 1970, tit. 12, § 204.) 12 TTC 5 § 204.

§ 9065. Disposition of the record.

After concluding the proceedings, the official shall transmit forthwith to the clerk of courts for the Chuuk State Supreme Court ~~district~~ all papers in the proceedings and any bail taken by him; provided, that when a person has been held to answer in a municipal ~~community~~ court, the papers and any bail taken shall be transmitted to the clerk of the municipal ~~community~~ court.

Source: (Code 1966, § 466(d); Code 1970, tit. 12, § 205.) 12 TTC 5 § 205, modified.

§ 9066. Preliminary examination upon request of person released on bail or personal recognizance.

If it appears it will not be practicable to bring an arrested person promptly before a court as indicated in Subsection (2) of Section 9027 67 of this part ~~title~~, and he has been released on bail or personal recognizance, he may apply to a justice of the Chuuk State Supreme Court ~~judge of a district court~~, if one is available, otherwise to any official authorized to issue a warrant, and request a preliminary examination. Thereupon the judge or official shall set a time and place for preliminary examination, give the complainant and accused reasonable notice thereof, and proceed as outlined in Sections 9091-9092 ~~351-354~~ of this Subchapter.

Source: (Code 1966, § 467; Code 1970, tit. 12, § 206.) 12 TTC 5 § 206, modified.

Editor's note: The references to Sections 9091-9092 are published as enacted.

§ 9067. Rights of defendants; enumerated.

Every defendant in a criminal case before a court of the State of Chuuk ~~Trust Territory~~ shall be entitled:

(1) To have in advance of trial a copy of the charge upon which he is to be tried;

(2) To consult counsel before the trial and to have an attorney at law or other representative of his own choosing defend him at the trial;

(3) To apply to the court for further time to prepare his defense, which the court shall grant if it is satisfied that the defendant will otherwise be substantially prejudiced in his defense;

(4) To bring with him to the trial such material witnesses as he may desire or to have them summoned by the court at his request;

(5) To give evidence on his own behalf at his own request at the trial, although he may not be compelled to do so;

(6) To have proceedings interpreted for his benefit when he is unable to understand them otherwise; and

(7) To request the appointment of an assessor in trials before the trial division of the high court in the event that one has not been appointed by the trial judge under the provisions of section 353, chapter 5, title 5 of this Code.

Source: (Code 1966, § 187; Code 1970, tit. 12, § 151.) 12 TTC 4 § 151, modified.

Case annotations: When defendant may testify. Defendant in criminal proceedings may testify at any time when testimony for defense is being received. Rungun v. Trust Territory, 1 TTR 601 (App. Div. 1957).

	DRAFT CSC, Title 12. Crimes and Punishment
	CHAPTER 34 Preliminary Matters § 9061. Name in which prosecution conducted. § 9062. Duties of official at preliminary hearing. § 9063. Plea not to be taken. § 9064. Pre-trial procedure. § 9065. Disposition of the record. § 9066. Preliminary examination upon request of person released on bail or personal recognizance. § 9067. Rights of defendants; enumerated. § 9061. Name in which prosecution conducted. All criminal prosecutions shall be conducted in the name of the "State of Chuuk ~~Trust Territory of the Pacific Islands~~." Source: (Code 1966, § 486; Code 1970, tit. 12, § 201.) 12 TTC 5 § 201, modified. § 9062. Duties of official at preliminary hearing. When an arrested person is brought before an official authorized to issue a warrant but such official is not competent to try the arrested person for the offense charged, the official shall: (1) Inform the arrested person of the charge or charges; (2) Inform the arrested person of his right to retain counsel and of his right to be released on bail as provided by law, and allow him reasonable time and opportunity to consult counsel, if desired; (3) Inform the arrested person of his right to have a preliminary examination, and of his right to waive the examination and the consequences of such waiver; (4) Inform the arrested person that he is not required to make a statement and that any statement that he does make may be used against him; and (5) Fix the amount of bail as provided by law if the arrested person so requests or alter the bail previously set if the official deems best. Source: (Code 1966, § 466(a); Code 1970, tit. 12, § 202.) 12 TTC 5 § 202, modified. § 9063. Plea not to be taken. The arrested person shall not be called upon to plead at the preliminary hearing. Source: (Code 1966, § 466(b); Code 1970, tit. 12, § 203.) 12 TTC 5 § 203. § 9064. Pre-trial procedure. (1) If the arrested person does not waive preliminary examination, the official shall hear the evidence within a reasonable time. (2) A reasonable continuance shall be granted at the request of the arrested person or the prosecution to permit preparation of evidence. The arrested person has the right to be released on bail as provided by law during the period of a continuance. (3) The arrested person may cross-examine witnesses against him and may introduce evidence in his own behalf. (4) If the arrested person waives preliminary examination, or if from the evidence it appears to the official that there is probable cause to believe that a criminal offense has been committed and that the arrested person committed it, the official shall forthwith: (a) Hold the arrested person to answer in a court competent to try him for the offense charged; (b) Fix, continue, or alter the bail as provided by law; and (c) If bail is not provided, or a personal recognizance accepted, commit him to jail to await trial. (5) If during the preliminary examination it appears to the official that the warrant of arrest, complaint or other statement of the charge or charges does not properly name or describe the person arrested or that although not guilty of the offense specified there is probable cause to believe he has committed some other offense, the official shall not discharge such person but shall forthwith hold him to answer for the offense shown by the evidence. (6) If the arrested person does not waive preliminary examination and from the evidence it does not appear to the official that there is probable cause to believe that a criminal offense has been committed and that the arrested person committed it, the official shall discharge him. Source: (Code 1966, § 466(c); Code 1970, tit. 12, § 204.) 12 TTC 5 § 204. § 9065. Disposition of the record. After concluding the proceedings, the official shall transmit forthwith to the clerk of courts for the Chuuk State Supreme Court ~~district~~ all papers in the proceedings and any bail taken by him; provided, that when a person has been held to answer in a municipal ~~community~~ court, the papers and any bail taken shall be transmitted to the clerk of the municipal ~~community~~ court. Source: (Code 1966, § 466(d); Code 1970, tit. 12, § 205.) 12 TTC 5 § 205, modified. § 9066. Preliminary examination upon request of person released on bail or personal recognizance. If it appears it will not be practicable to bring an arrested person promptly before a court as indicated in Subsection (2) of Section 9027 67 of this part ~~title~~, and he has been released on bail or personal recognizance, he may apply to a justice of the Chuuk State Supreme Court ~~judge of a district court~~, if one is available, otherwise to any official authorized to issue a warrant, and request a preliminary examination. Thereupon the judge or official shall set a time and place for preliminary examination, give the complainant and accused reasonable notice thereof, and proceed as outlined in Sections 9091-9092 ~~351-354~~ of this Subchapter. Source: (Code 1966, § 467; Code 1970, tit. 12, § 206.) 12 TTC 5 § 206, modified. Editor's note: The references to Sections 9091-9092 are published as enacted. § 9067. Rights of defendants; enumerated. Every defendant in a criminal case before a court of the State of Chuuk ~~Trust Territory~~ shall be entitled: (1) To have in advance of trial a copy of the charge upon which he is to be tried; (2) To consult counsel before the trial and to have an attorney at law or other representative of his own choosing defend him at the trial; (3) To apply to the court for further time to prepare his defense, which the court shall grant if it is satisfied that the defendant will otherwise be substantially prejudiced in his defense; (4) To bring with him to the trial such material witnesses as he may desire or to have them summoned by the court at his request; (5) To give evidence on his own behalf at his own request at the trial, although he may not be compelled to do so; (6) To have proceedings interpreted for his benefit when he is unable to understand them otherwise; and (7) To request the appointment of an assessor in trials before the trial division of the high court in the event that one has not been appointed by the trial judge under the provisions of section 353, chapter 5, title 5 of this Code. Source: (Code 1966, § 187; Code 1970, tit. 12, § 151.) 12 TTC 4 § 151, modified. Case annotations: When defendant may testify. Defendant in criminal proceedings may testify at any time when testimony for defense is being received. Rungun v. Trust Territory, 1 TTR 601 (App. Div. 1957).