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Session Laws, 1975
Volume 716, Page 325   View pdf image
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MARVIN MANDEL,

Governor

325

(B)   PROSECUTION BY ATTORNEY GENERAL AND STATE'S
ATTORNEY.

THE ATTORNEY GENERAL SHALL COMMENCE AND TRY ALL
PROSECUTIONS UNDER THIS SUBTITLE WITH THE STATE'S
ATTORNEY FOR THE COUNTY WHERE THE PROSECUTION IS BROUGHT.

(C)    POWERS AND DUTIES OF ATTORNEY GENERAL WHEN
PROSECUTION COMMENCED.

WITH RESPECT TO THE COMMENCEMENT AND TRIAL OF THE
PROSECUTION, THE ATTORNEY GENERAL HAS ALL THE POWERS AND
DUTIES VESTED BY LAW IN STATE'S ATTORNEYS WITH RESPECT TO
CRIMINAL PROSECUTIONS.

(D)   LIMITATION PERIOD FOR CRIMINAL ACTION.

A PROSECUTION FOR ANY OFFENSE IN VIOLATION OF THIS
SUBTITLE SHALL BE COMMENCED WITHIN FOUR YEARS AFTER THE
OFFENSE IS COMMITTED.

(E)   CASES IN WHICH PROSECUTION PROHIBITED.

THE ATTORNEY GENERAL MAY NOT COMMENCE PROSECUTION
UNDER THIS SUBTITLE AGAINST ANY PERSON WHILE [[HE]] THE
PERSON IS A DEFENDANT WITH REGARD TO A PENDING COMPLAINT,
INFORMATION, OR INDICTMENT WHICH:

(1)   INVOLVES SUBSTANTIALLY THE SAME SUBJECT
MATTER; AND

(2)     IS FILED BY THE UNITED STATES FOR
VIOLATION OR ALLEGED VIOLATION OF THE FEDERAL ANTITRUST
STATUTES, INCLUDING THE STATUTES ENUMERATED IN §11-202
AND ANY SIMILAR ACT PASSED IN THE FUTURE.

REVISOR'S NOTE: This section presently appears as
Art. 83, §40(1) through (3).

The provision that State prosecutions be
commenced by "complaint, information, or
indictment" is deleted since the manner of
bringing prosecutions are adequately covered
by the Maryland Rules (cf. Md. Rule 703).

The introductory paragraph to Art. 83, §40 now
appears in §11—212.

The only other changes are in style.

11-208. COOPERATION WITH FEDERAL GOVERNMENT AND OTHER
STATES.

THE ATTORNEY GENERAL MAY COOPERATE WITH THE FEDERAL

 

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Session Laws, 1975
Volume 716, Page 325   View pdf image
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