[19980716]98-490_第五修正案禁止自证其罪的特权不得在只有外国起诉可能的情况下扩大.pdf

1United States v. Balsys, 918 F. Supp. 588, 592 n5 (E.D.N.Y. 1996).2United States v. Balsys, 119 F.3d 122 (2nd Cir. 1997).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-490 AUpdated July 16, 1998Fifth Amendment Privilege Against Self-Incrimination May Not Be Extended in CasesWhere Only a Foreign Prosecution Is PossiblePaul S. Wallace, Jr.Specialist in American Public LawAmerican Law DivisionSummarySeveral courts in the various circuits have considered whether the FifthAmendment privilege against self-incrimination applies to fear of incrimination inforeign countries, and they have come to divergent conclusions. The United StatesSupreme Court granted certiorari in United States v. Balsys, and on June 25, 1998,decided that a witness may not invoke the Fifth Amendment privilege against self-incrimination in which only a foreign prosecution is possible. This report will not beupdated. Aloyzas Balsys is a resident alien living in Woodhaven, New York. He was born onFebruary 6, 1913, in Lithuania and entered the United States on June 30, 1961. In his1961 immigration application, Mr. Balsys had stated that between 1934 and 1940,