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8 GCA § 1.21

Granting of Immunity: Procedure

Guam Code AnnotatedTitle 8 — Criminal Procedure
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(a)In any investigation or proceeding for any offense, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, the prosecuting attorney may, in writing, request the Superior Court to order that person to answer the question or produce the evidence. The court shall set a time for hearing and order the person to appear before the court and show cause, if any, why the question should not be answered or the evidence produced, and the court shall order the question answered or the evidence produced unless it finds that to do so would be clearly contrary to the public interest, or could subject the witness to a criminal prosecution in another jurisdiction.

(b)After complying, and if, but for this Section, the person would have been privileged to withhold the answer given or the evidence produced by him, no testimony or evidence provided under compulsion of the court order (or any information derived directly or indirectly therefrom) may be used against such witness in any criminal proceeding other that one for perjury.

(c)Notwithstanding Subsection (b), the person may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or failing to answer, or in producing, or failing to produce, evidence in accordance with the order.

§ The story of this section

  1. Amended by P.L. 15-94 § 5 (bill & sponsor pending — earlier Legislature not yet ingested)

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.