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Pennsylvania Statutes Title 16 P.S. Counties § 1405. Misconduct of district attorney

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(a) If any district attorney shall willfully and corruptly demand, take or receive any other fee or reward than such as is prescribed by law for any official duties required by law to be executed by the district attorney in any criminal proceeding, or if such district attorney shall be guilty of willful and gross negligence in the execution of the duties of the office, that individual shall be guilty of a misdemeanor in office, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars ($1,000) and to undergo imprisonment not exceeding one year, and the office shall be declared vacant.

(b) Upon complaint in writing, verified by oath or affirmation of the party aggrieved, made to the court in which any district attorney shall prosecute the pleas of the Commonwealth, charging such district attorney with willful and gross negligence in the execution of the duties of the office, the court shall cause notice of the complaint to be given to the district attorney and of the time fixed by the court for a hearing.  If after the hearing the court shall be of opinion that there is probable cause for the complaint, they shall hand over or commit the district attorney to answer the same in due course of law.  If the court shall be of opinion that there is no probable cause for such complaint, they shall dismiss the same, with reasonable costs to be assessed by the court.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 16 P.S. Counties § 1405. Misconduct of district attorney - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-16-ps-counties/pa-st-sect-16-1405/


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