Page:United States Statutes at Large Volume 76A.djvu/638

–542– -542CHAPTER 231—MENTAL INCOMPETENCY OF DEFENDANT Sec.

4861. Trial or punishment of insane person prohibited. 4862. Mental incompetency after arrest and before sentence or expiration of probation. 4863. Mental incompetency undisclosed at trial. 4864. Procedure upon finding of mental incompetency. 4865. Commitment to hospital as exonerating bail. 4866. Rehearing as to mental incompetency after commitment to hospital. 4867. Appeal from magistrate's determination of mental incompetency. 4868. Mental examination of indigent defendant

§ 4861. Trial or punishment of insane person prohibited A person may not be tried, adjudged to punishment, or punished for a public offense while he is insane. § 4862. Mental incompetency after arrest and before sentence or expiration of probation (a) If, at any time during the pendency of the proceedings in a criminal action triable in the district court or a magistrate's court and prior to the imposition of sentence or prior to the expiration of any period of probation, a substantial doubt arises as to the sanity of the defendant, the court shall determine if he is presently insane or is otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense. (b) In making the determination the court shall cause the defendant, whether or not previously admitted to bail, to be examined as to his mental condition by at least one designated examiner, as defined by section 1631 of Title 5. For the purpose of the examination the court may order the defendant committed to a hospital, as defined by section 1631 of Title 5, for such reasonable period as the court may determine. The designated examiner shall report to the court, and the report shall be placed on file and shall be accessible to the counsel for the Government and to the defendant or his counsel. (c) Upon receiving the report of the designated examiner, the court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted, including that of the reporting designated examiner, and the court shall make a finding with respect thereto. (d) No statement made by the defendant, in the course of an examination into his sanity or mental competency provided for by this section, whether the examination is made with or without the consent of the defendant, shall be admitted in evidence against the defendant on the issue of guilt in any criminal proceedings. A finding by the court that the defendant is mentally competent to stand trial or hearing shall in no way prejudice the defendant in a plea of insanity as a defense to the crime charged; and such finding shall not be introduced in evidence on that issue nor otherwise be brought to the notice of the jury. § 4863. Mental incompetency undisclosed at trial (a) When the Civil Affairs Director of the Canal Zone Government certifies that a prisoner convicted of a criminal offense and in the custody of the Canal Zone Government has been examined by at least three designated examiners as defined in section 1631 of Title 5, and that there is probable cause to believe that the person was insane or mentally incompetent at the time of his trial, provided the issue of insanity or mental competency was not raised and determined before or during the trial, the United States attorney shall transmit the report of the designated examiners and the certificate of the Civil Affairs Director to the court wherein the conviction was had.

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