[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.07-90]



[Page 21]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

 

Sec. 1.07-90  Criminal penalties.



    (a) Prosecution in the Federal courts for violations of those laws 

or regulations enforced by the Coast Guard which provide, upon 

conviction, for punishment by fine or imprisonment is a matter finally 

determined by the Department of Justice. This final determination 

consists of deciding whether and under what conditions to prosecute or 

to abandon prosecution.

    (b) Except in those cases where the approval of the Commandant is 

required, the Area, Maintenance & Logistics Command (MLC), and District 

Commanders are authorized to refer the case to the U.S. attorney. The 

Commandant's approval is required in the following cases where evidence 

of a criminal offense is disclosed:

    (1) Marine casualties or accidents resulting in death.

    (2) Marine Boards (46 CFR part 4).

    (3) Violations of port security regulations (33 CFR parts 6, 121 to 

126 inclusive).

    (c) The Area, MLC, or District Commander will identify the laws or 

regulations which were violated and make specific recommendations 

concerning the proceedings to be instituted by the U.S. attorney in 

every case.



[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG-2001-9286, 66 

FR 33639, June 25, 2001]