Criminal
National crimes in title 11 with the states holding general criminal jurisdiction
Most ordinary crime is a state matter under state codes. Title 11 of the FSM Code covers national offences, and major crimes jurisdiction has shifted towards the states.
Key rules
- Jurisdiction — Split. National offences are tried in the FSM Supreme Court trial division; ordinary crime is tried in the state courts under state law.
Governing law
- FSM Code, title 11crimes
- State criminal codes of Chuuk, Kosrae, Pohnpei and Yap
- Constitution of the FSM 1979 (art. IV (rights of the accused))
- Constitution of the FSM 1979 (art. IX, s. 2(p))
In practice
The Constitution gives the national government power to define major crimes, but a 1991 amendment narrowed the national role and returned general criminal jurisdiction substantially to the states, so the practical starting point for most offences is the state code. Title 11 continues to cover offences with a national dimension, including those against national government functions and certain trafficking and maritime offences. Article IV protections mirror US constitutional guarantees on arrest, counsel, double jeopardy and search, and FSM courts cite United States authority when construing them while retaining the traditional-rights overlay in article V. There is no death penalty. Custom is relevant to sentencing and to reconciliation processes, and customary apology may be taken into account without displacing the code.