Page:United States Statutes at Large Volume 47 Part 1.djvu/884

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72d C ONGRESS . BESS. II. CH. 109 . FEBRUARY 21, 1933 . Probation after eon° "SEC. 23a. Any trial court of the Canal Zone, in exercise of its oiotionintriatwurt . jurisdiction of criminal actions, when it shall appear to the satisfac- tion of the court that the ends of justice and the best interests of the public, as well as the defendant, will be subserved thereby, shall have power, after conviction or after a plea of guilty for any crime or offense not punishable by death or life imprisonment, to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms and conditions as ttonbY•ourtryrevoca- the court deems best ; or the court may impose a fine and may also place the defendant upon probation in the manner aforesaid . The cou rt may revoke or modify any condition of probation, or may Period of probation, change the period of probation . The period of probation, together with any extension thereof, shall not exceed five years in the district court, or one year in a magist rate court . Payments by de[end- "While on probation the defen dant' may b e req uired to pay in aarrysttatusg probation- one or several sums a fine imposed at the time of being placed on probation and may also be required to make restitution or reparation eto . R~st]tatlon for loss, to the aggrieved party or parties for actual damages or lost caused by the offense for which conviction was had, and may also be required to provide for the support of any person or persons for whose support he is legally resp onsible ." SEC . 9. That section 26 of the Penal Code of the Canal Zone is hereby amended to read as follows Confinement after "SEC . 26. A sentence of imprisonment in jail, when imposed, may sent uce of Imprison- be executed by c onfinement in an y jail of the Ca nal Zone ." SEC . 10 . That section 29 of the Penal Code of the Canal Zone is hereby a mended t o read a s follow s Determination of "SEC . 29 . Whenever any person is declared punishable for a crime Pen•d ' by imprisonment in the penitentiary for a term not less than any specified number of years, and no limit of the duration of such imprisonment is declared, the court authorized to pronounce judg- ment upon such conviction may, in its discretion, sentence such offender to imprisonment for any number of years not less than that pres crib ed ." Persons liable to SEC, 11 . That subdivision 2 of section 34 of the Penal Code of the prosecution, ete .

Canal Zone is hereby amended to read as follows "2 . All who commit any offense without the Canal Zone which, if commit ted w ithin the C anal Zone, would be l arcen y, rob bery, or embezzlement under the laws of the Canal Zone, and bring the prop- erty stolen or e mbezzled, or any part of it, or are found with it , or any part of it, within the Canal Zone ." consideration •1j' ° ,EC. 12. That section 37 of the Penal Code is hereby amended b tosication by jur y

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y whe ni nte nt, etc ., essen ° adding, after the word "court" in sentence two, the words "or jury ." tial element.

SEC . 13 . That Title III of the Penal Code of the Canal Zone is hereby amended by inserting therein after section 43 a new section numbered 43a to read as follows eto .o sof l United St ables "SEC. 43a . The Postal Laws and Regulations of the United States, extended to canal not locally inapplicable, which define crimes against the Postal Zone .

Service, and prescribe punishments therefor, are hereby extended to the Canal Zone and shall be enforceable in the courts of the Canal Zone in the manner and form prescribed for other criminal cases by the Canal Zone laws ." tempt conv ictio n of at- SEC . 14. That the word "intent" in section 44 of the Penal Code tocommitcrime . is hereby amended to read "attempt ." SEC. 15 . That section 49 of the Penal toile of the Canal Zone is hereby a mended t o read a s follow s Right of self defense.

"SEC. 49 . The right of self-defense in no case extends to the inflic- tion of more har m than is necess ary for the purp ose of defense ."