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18 U.S.C. § 3190 — Evidence on hearing
Federal law — U.S. Code and appendices · legal_authorities
Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that the same, so offered, are authenticated in the manner required.
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Source location: Title 18, Chapter 209, § 3190; chapter-209-extradition.md
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Depositions, warrants, or other papers or copies thereof offered in evidence upon the hearing of any extradition case shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that the same, so offered, are authenticated in the manner required.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The provisions of this chapter relating to the surrender of persons who have committed crimes in foreign countries shall continue in force only during the existence of any treaty of extradition with such foreign government.
**(b)** The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that—
(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under [section 16 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim); and
(2) the offenses charged are not of a political nature.
**(c)** As used in this section, the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act ([8 U.S.C. 1101(a)(22)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/22&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
Page 745
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3192
No person shall be held in custody under tele-
graphic request by virtue of this section for
more than ninety days.
(June 25, 1948, ch. 645, 62 Stat. 824.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 662d (Mar. 22, 1934,
ch. 73, § 3, 48 Stat. 455).
Provision for expense to be borne by the demanding
authority is incorporated in section 3195 of this title.
Changes were made in phraseology and arrangement.
§ 3188. Time of commitment pending extradition
Whenever any person who is committed for
rendition to a foreign government to remain
until delivered up in pursuance of a requisition,
is not so delivered up and conveyed out of the
United States within two calendar months after
such commitment, over and above the time ac-
tually required to convey the prisoner from the
jail to which he was committed, by the readiest
way, out of the United States, any judge of the
United States, or of any State, upon application
made to him by or on behalf of the person so
committed, and upon proof made to him that
reasonable notice of the intention to make such
application has been given to the Secretary of
State, may order the person so committed to be
discharged out of custody, unless sufficient
cause is shown to such judge why such discharge
ought not to be ordered.
(June 25, 1948, ch. 645, 62 Stat. 824.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 654 (R.S. § 5273).
Changes in phraseology only were made.
§ 3189. Place and character of hearing
Hearings in cases of extradition under treaty
stipulation or convention shall be held on land,
publicly, and in a room or office easily acces-
sible to the public.
(June 25, 1948, ch. 645, 62 Stat. 824.)
HISTO
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