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Terms Used In 19 Guam Code Ann. § 5118

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
l provisions of this Chapter relative to procedure in cases of children, when not inconsistent with provisions of law relating to the conduct of adult cases, shall so far as practicable also apply
to cases against adults brought under § 5116 of this Chapter. With the consent of the defendant, the court may make preliminary investigation and may make such adjustment as is practicable. On the request of the court, or on his own initiative, the Attorney General shall prepare and prosecute any case within the purview of § 5116 of this Chapter.
Upon conviction in any case the court shall have power to impose sentence as provided by law; it may suspend sentence or the execution thereof and place the defendant on probation, and may by order impose such duty upon him as shall be deemed by the court to be for the best interests of the child or other persons concerned. The court may require the defendants to give security by bond, with surety or sureties approved by the court for compliance of such order.
SOURCE: CCP § 267 as modified and enacted by P.L. 17-012:2 as 19
GCA § 5118.

COMMENT: See § 5113 of this Chapter. As has been the practice, this law was changed to specifically allow the Attorney General to bring charges for violation of § 5116 of his own initiative.