Criminal Procedure Code at Micronesia
The Federated States of Micronesia (FSM) operates under a comprehensive Criminal Procedure Code, codified as Title 12 of the FSM Code. This legal framework governs criminal procedures across the nation, encompassing arrest protocols, search and seizure regulations, rights of defendants, bail procedures, and extradition laws. It is applicable in all four FSM states: Yap, Chuuk, Pohnpei, and Kosrae. (Federated States of Micronesia Rules of Court)
⚖️ Key Provisions of the FSM Criminal Procedure Code
1. Arrest and Detention
Arrest Protocols: Arrests must generally be made with a warrant, except in specific circumstances such as when a crime is committed in the presence of an officer or when there is probable cause to believe a crime has been committed.
Rights Upon Arrest: Individuals must be informed of the cause and authority of their arrest and have the right to remain silent and consult with legal counsel.
Detention Limits: Arrestees must be brought before a court within 24 hours unless impractical due to location. (Federated States of Micronesia Rules of Court)
2. Search and Seizure
Search Warrants: Law enforcement must obtain a search warrant from a court, specifying the place to be searched and the items to be seized.
Exceptions: In exigent circumstances, searches may be conducted without a warrant, but such actions are subject to judicial review.
3. Rights of Defendants
Right to Counsel: Accused individuals have the right to be represented by counsel at all stages of the criminal process.
Right to a Fair Trial: Defendants are entitled to a public trial, to be informed of the charges against them, and to present a defense.
4. Bail and Pretrial Release
Bail Eligibility: Bail may be granted unless there is a risk of flight, danger to the community, or interference with the judicial process.
Conditions of Release: Conditions may include monetary bail, travel restrictions, or regular check-ins with authorities.
5. Extradition
Interstate Extradition: The Code outlines procedures for the transfer of individuals between FSM states for prosecution or punishment.
International Extradition: FSM may extradite individuals to foreign countries based on treaties or reciprocal agreements.
📚 Accessing the Full Text
The complete FSM Criminal Procedure Code is available online:
🔗 FSM Criminal Procedure Code – PacLII
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