§392 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Allows a person to be tried quickly for certain commerce or navigation offenses without a prior indictment. A sworn, written complaint must be given to the court that explains the alleged offense clearly so the accused can respond. The complaint is read to the accused, who can plead, answer, or offer a counterstatement. The judge then holds a summary trial and decides the case unless the accused asks for a jury when answering, in which case the trial goes forward on the complaint and a not-guilty plea.

Title 33, §392

Navigation and Navigable Waters — Source: USLM XML via OLRC

At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty.

Editorial Notes

Codification R.S. § 4301 derived from act June 11, 1864, ch. 121, §§ 3, 4, 13 Stat. 125.

§392 Complaint and Answer; Jury Trial

Summary

Title 33, §392

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata