A.
A complaint is the written statement issued by the Tribal Prosecutor
of the essential facts charging that a named individual has committed
a particular criminal offense. All criminal prosecutions shall be
initiated by a complaint filed with the Tribal Court and sworn to
by a person having personal knowledge of the offense.
B.
Complaints shall contain:
(1)
The signature of the Tribal Prosecutor and the complaining witness
or witnesses, sworn to before a Tribal Court Judge, a Clerk of the
Tribal Court or any law enforcement officer.
(2)
A written statement by the complaining witness or witnesses having
personal knowledge of the violation, describing in ordinary language
the nature of the offense committed, including the time and place
as nearly as may be ascertained.
(3)
The name or description of the person alleged to have committed the
offense.
C.
Unless the complaint is signed by a tribal police officer or other
public safety officer deputized by the Tribe to enforce tribal criminal
law having personal knowledge of the violation, no arrest warrant
or summons shall issue to the defendant unless the complaint is approved
by a Tribal Court Judge.
D.
The Tribal Prosecutor shall draw up complaints and screen them for
sufficiency. Such complaints shall then be submitted without unnecessary
delay to a Tribal Court Judge to determine whether an arrest warrant
or summons should be issued.
E.
The Tribal Prosecutor may decline to sign and file a complaint in
the exercise of his or her discretion.
[Amended 3-17-2016 by Res. No. 03-17-16-05]
A.
Prosecution for an offense classified as a Class B or Class C misdemeanor
under this code shall be maintained if the complaint is filed within
two (2) years after the commission of the offense.
B.
Prosecutions for offenses classified as Class A misdemeanors and
felonious crimes under this code shall be maintained if the complaint
is filed within six (6) years after the commission of the offense.
C.
Prosecutions for the crime of murder and for the crime of sexual
assault of a person under sixteen (16) years of age by a person over
twenty-one (21) years of age under this code shall not be subject
to a statute of limitation.
D.
The statute of limitation time limit for commencing criminal prosecution
does not begin to run if the criminal is a fugitive; is outside of
the jurisdiction of NHBP; is currently incarcerated; or otherwise
is concealing his or her whereabouts. Once the individual reenters
the jurisdiction of NHBP the statute of limitation resumes to run.
E.
A person who is entitled to commence an action and who, at the time
the cause of action accrued, is under a disability, such as minority,
insanity, incompetency or other disability recognized by the NHBP
Tribal Court, may bring an action within the periods in this section,
after the disability is removed.
F.
All actions not expressly articulated in this section must be commenced
within seven (7) years after the cause of action accrues.
