18 U.S.C. § 3185 — Fugitives from country under control of

Page 743 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3185 or chief magistrate of such demanding jurisdic- tion, or other person authorized to act, the offi- cer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be ar- rested and secured, and notify the executive au- thorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged. The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled. (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107–273, div. B, title IV, § 4004(d), Nov. 2, 2002, 116 Stat. 1812.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 662c (Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455). Said section 662c was incorporated in this section and sections 752 and 3195 of this title. Provision as to costs or expenses to be paid by the de- manding authority were incorporated in section 3196 of this title. Reference to the Philippine Islands was deleted as ob- solete in view of the independence of the Common- wealth of the Philippines effective July 4, 1946. The attention of Congress is directed to the prob- ability that this section may be of little, if any, pos- sible use in view of present world conditions. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 struck out ‘‘or the Panama Canal Zone,’’ after ‘‘possession of the United States’’ in first par. § 3184. Fugitives from foreign country to United States Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge author- ized so to do by a court of the United States, or any judge of a court of record of general juris- diction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered. Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is rea- son to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or conven- tion, or under section 3181(b), he shall certify the same, together with a copy of all the testi- mony taken before him, to the Secretary of State, that a warrant may issue upon the req- uisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made. (June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100–690, title VII, § 7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L. 101–647, title XVI, § 1605, Nov. 29, 1990, 104 Stat. 4843; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–132, title IV, § 443(b), Apr. 24, 1996, 110 Stat. 1281.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 651 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Minor changes of phraseology were made. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132, in first sentence, inserted ‘‘or in cases arising under section 3181(b),’’ after ‘‘United States and any foreign government,’’ and ‘‘or provided for under section 3181(b),’’ after ‘‘treaty or conven- tion,’’ and in third sentence, inserted ‘‘or under section 3181(b),’’ after ‘‘treaty or convention,’’. 1990—Pub. L. 101–647 inserted ‘‘or, if there is reason to believe the person will shortly enter the United States’’ after ‘‘are not known’’ in second sentence. 1988—Pub. L. 100–690 inserted after first sentence ‘‘Such complaint may be filed before and such warrant may be issued by a judge or magistrate of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known.’’ 1968—Pub. L. 90–578 substituted ‘‘magistrate’’ for ‘‘commissioner’’ in two places. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 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 there- in by the commission of any of the offenses enu- merated below, departs or flees from justice therein to the United States, shall, when found therein, be liable to arrest and detention by the Page 744 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3186 authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in con- trol of such foreign country or territory shall be returned and surrendered as hereinafter pro- vided 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 com- mit murder; (2) Counterfeiting or altering money, or ut- tering or bringing into circulation counterfeit or altered money; (3) Counterfeiting certificates or coupons of public indebtedness, bank notes, or other in- struments 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 offi- cers, 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 an- other person with intent to commit a felony therein; (9) Breaking and entering the house or build- ing of another, whether in the day or night- time, with the intent to commit a felony therein; (10) Entering, or breaking and entering the offices of the Government and public authori- ties, 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 terri- tory 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. 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 of- fense 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. (June 25, 1948, ch. 645, 62 Stat. 823; May 24, 1949, ch. 139, § 49, 63 Stat. 96; Pub. L. 99–646, § 87(c)(6), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(a)(6), Nov. 14, 1986, 100 Stat. 3663.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 652 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656). Reference to territory of the United States and the District of Columbia was omitted as covered by defini- tive section 5 of this title. Changes were made in phraseology and arrangement. 1949 ACT This section [section 49] corrects typographical errors in section 3185 of title 18, U.S.C., by transferring to sub- division (3) the words, ‘‘indebtedness, bank notes, or other instruments of public’’, from subdivision (2) of such section where they had been erroneously included. Editorial Notes AMENDMENTS 1986—Par. (12). Pub. L. 99–646 and Pub. L. 99–654 amended par. (12) identically, substituting ‘‘A felony under chapter 109A of this title’’ for ‘‘Rape’’. 1949—Pars. (2), (3). Act May 24, 1949, transferred ‘‘in- debtedness, bank notes, or other instruments of public’’ from par. (2) to par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENTS Amendments by Pub. L. 99–646 and Pub. L. 99–654 ef- fective, respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14, 1986, see section 87(e) of Pub. L. 99–646 and section 4 of Pub. L. 99–654, set out as an Ef- fective Date note under section 2241 of this title. § 3186. Secretary of State to surrender fugitive The Secretary of State may order the person committed under sections 3184 or 3185 of this title to be delivered to any authorized agent of such foreign government, to be tried for the of- fense of which charged. Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty. A person so accused who escapes may be re- taken in the same manner as any person accused of any offense. (June 25, 1948, ch. 645, 62 Stat. 824.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 653 (R.S. § 5272). Changes were made in phraseology and surplusage was deleted. § 3187. Provisional arrest and detention within extraterritorial jurisdiction The provisional arrest and detention of a fugi- tive, under sections 3042 and 3183 of this title, in advance of the presentation of formal proofs, may be obtained by telegraph upon the request of the authority competent to request the sur- render of such fugitive addressed to the author- ity competent to grant such surrender. Such re- quest shall be accompanied by an express state- ment that a warrant for the fugitive’s arrest has been issued within the jurisdiction of the au- thority making such request charging the fugi- tive with the commission of the crime for which his extradition is sought to be obtained.