18 USC 3185 – Fugitives from country under control of United States into the United States
Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who, having violated the criminal laws in force therein by the commission of any of the offenses enumerated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed.
(1) Murder and assault with intent to commit murder;
(2) Counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money;
(3) Counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same;
(4) Forgery or altering and uttering what is forged or altered;
(5) Embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries;
(6) Larceny or embezzlement of an amount not less than $100 in value;
(7) Robbery;
(8) Burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein;
(9) Breaking and entering the house or building of another, whether in the day or nighttime, with the intent to commit a felony therein;
(10) Entering, or breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein;
(11) Perjury or the subornation of perjury;
(12) A felony under chapter 109A of this title;
(13) Arson;
(14) Piracy by the law of nations;
(15) Murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government;
(16) Malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.
Terms Used In 18 USC 3185
- Arrest: Taking physical custody of a person by lawful authority.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. See 18 USC 5
This chapter, so far as applicable, shall govern proceedings authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged.
No return or surrender shall be made of any person charged with the commission of any offense of a political nature.
If so held, such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial.