Page:United States Statutes at Large Volume 76A.djvu/480

–384– -384(c) An accused in a criminal action has no privilege to refuse, when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify. § 2852. Definition of incrimination A matter will incriminate a person within the meaning of this chapter if it constitutes, or forms an essential part of, or, taken in connection with other matters disclosed, is a basis for a reasonable inference of such a violation of the laws applicable in the Canal Zone or of any law of the United States as to subject him to liability to punishment therefor, unless he has become for any reason permanently immune from punishment for such violation. § 2853. Self-incrimination; exceptions Subject to sections 2851 and 2864 of this title, every natural person has a privilege, which he may claim, to refuse to disclose in an action or to a public official of the Government of the Canal Zone or to any agency of the United States or any officer thereof any matter that will incriminate him, except that under this section: (1) if the privilege is claimed in an action the matter shall be disclosed if the judge tinds that the matter will not incriminate the witness; and (2) no person has the privilege to refuse to submit to examination for the purpose of discovering or recording his corporal features and other identifying characteristics, or his physical or mental condition; and (3) no person has the privilege to refuse to furnish or permit the raking of samples of body fluids or substances for analysis; and (4) no person has the privilege to refuse to obey an order made by a court to produce for use as evidence or otherwise a dociunent, chattel or other thing under his control constituting, containing or disclosing matter incriminating him if the judge finds that, by the applicable rules of the substantive law, some other person or a corporation, or other association has a superior right to the possession of the thing ordered to be produced; and (5) a public official or any person who engages in any activity, occupation, profession or calling does not have the privilege to refuse to disclose any matter which the statutes or regulations governing the office, activity, occupation, profession or calling require him to record or report or disclose concerning it; and (6) a person who is an officer, agent or employee of a corporation or other association, does not have the privilege to refuse to disclose any matter which the statutes or regulations governing the corporation or association or the conduct of its business require him to record or report or disclose; and (7) subject to section 2825 of this title, a defendant in a criminal action who voluntarily testifies in the action upon the merits before the trier of fact does not have the privilege to refuse to disclose any matter relevant to any issue in the action. § 2854. Lawyer-client privilege (a) General Rule.. Subject to section 2864 of this title, and except as otherwise provided by paragraph (b) of this section communications found by the judge to have been between lawyer and his client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (1) if he is the witness to refuse to disclose any such communication, and (2) to prevent his lawyer from disclosing it, and (3) to prevent any other witness from disclosing such communication if it came to the knowledge of such witness (A) in the course of its transmittal between the client and the

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