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U.S. Code as of:
01/19/04
Section 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 Territories, 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.
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