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U.S. Code as of:
01/19/04
Section 1995. Criminal contempt proceedings; penalties; trial by jury
In all cases of criminal contempt arising under the provisions of
this Act, the accused, upon conviction, shall be punished by fine
or imprisonment or both: Provided however, That in case the accused
is a natural person the fine to be paid shall not exceed the sum of
$1,000, nor shall imprisonment exceed the term of six months:
Provided further, That in any such proceeding for criminal
contempt, at the discretion of the judge, the accused may be tried
with or without a jury: Provided further, however, That in the
event such proceeding for criminal contempt be tried before a judge
without a jury and the sentence of the court upon conviction is a
fine in excess of the sum of $300 or imprisonment in excess of
forty-five days, the accused in said proceeding, upon demand
therefore, shall be entitled to a trial de novo before a jury,
which shall conform as near as may be to the practice in other
criminal cases.
This section shall not apply to contempts committed in the
presence of the court or so near thereto as to interfere directly
with the administration of justice nor to the misbehavior,
misconduct, or disobedience, of any officer of the court in respect
to the writs, orders, or process of the court.
Nor shall anything herein or in any other provision of law be
construed to deprive courts of their power, by civil contempt
proceedings, without a jury, to secure compliance with or to
prevent obstruction of, as distinguished from punishment for
violations of, any lawful writ, process, order, rule, decree, or
command of the court in accordance with the prevailing usages of
law and equity, including the power of detention.
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