§847. Art. 47. Refusal to appear or testify
(a) Any person not subject to this chapter who-
(1) has been duly subpenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
(2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the United States; and
(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpenaed to produce;
is guilty of an offense against the United States.
(b) Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court's discretion.
(c) The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article.
(d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.
(Aug. 10, 1956, ch. 1041.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 847(a) 847(b) |
50:622(a). 50:622(b). |
May 5, 1950, ch. 169, §1 (Art. 47), |
| 847(c) | 50:622(c). | |
| 847(d) | 50:622(d). |
In subsection (a), the word "Any" is substituted for the word "Every". The word "is" is substituted for the words "shall be deemed".
In subsection (b), the words "named in subsection (a)" are substituted for the words "denounced by this article". The words "Territories, Commonwealths, or" are substituted for the word "Territorial". The words "not more than" are substituted for the words "a period not exceeding".
In subsection (c), the words "It shall be the duty of * * * to" are omitted as surplusage. The words "United States Attorney" are substituted for the words "United States district attorney", to conform to the terminology of section 501 of title 28. The word "shall" is inserted after the word "jurisdiction".
Amendments
2006-Subsec. (b).
1996-Subsec. (b).