# Justice Manual § 9-2.112: Statutory Limitations—Prosecutions > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/JM_S9-2.112 ## Section - **Citation:** Justice Manual § 9-2.112 - **Heading:** Statutory Limitations—Prosecutions - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** DOJ Justice Manual / Title 9: Criminal / 9-2.000 - Authority Of The U.S. Attorney In Criminal Division Matters/Prior Approvals / Justice Manual § 9-2.112 ## Text No prosecution of an offense described in 18 U.S.C. § 245 (Federally Protected Activities) may be undertaken by the United States except upon the certification of the Attorney General or Deputy Attorney General that in his or her judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice. See JM 9-85.200 . The function of certification may not be delegated. See 18 U.S.C. § 245(a)(1). The anti-riot provision, 18 U.S.C. § 245(b)(3), and violations of 18 U.S.C. § 245(b)(1), insofar as it relates to matters not involving discrimination or intimidation on grounds of race, color, religion, or national origin, are assigned to the Criminal Division and requests for certification relating to them should be sent to the Criminal Division. Formerly, prosecutions under 42 U.S.C. §§ 2272-2276 (Atomic Energy Act) might be brought only after receiving the express direction of the Attorney General. See 42 U.S.C. § 2271(c). Violations of 18 U.S.C. § 1073 (Flight to Avoid Prosecution or Giving Testimony) may be prosecuted only upon formal approval in writing by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General. Accordingly, under no circumstances should an indictment under the Act be sought, nor an information be filed, nor should criminal proceedings under Rule 40, Federal Rules of Criminal Procedure be instituted without the written approval of the Assistant Attorney General, Criminal Division. Requests for written approval to prosecute should be forwarded to the Policy and Statutory Enforcement Unit of the Office of Enforcement Operations. See JM 9-69.460 . This approval requirement also applies to cases involving custody disputes. See JM 9-69.421 . le 40, Federal Rules of Criminal Procedure be instituted without the written approval of the Assistant Attorney General, Criminal Division. Requests for written approval to prosecute should be forwarded to the Policy and Statutory Enforcement Unit of the Office of Enforcement Operations. See JM 9-69.460 . This approval requirement also applies to cases involving custody disputes. See JM 9-69.421 . Prosecution for violations of 18 U.S.C. § 659 (Theft from Interstate Shipments) and of 18 U.S.C. § 2102 (Riots) are barred if there has been a judgment of conviction or acquittal on the merits under the law of any State for the same act or acts. See 18 U.S.C. §§ 659, 2101(c). That a Federal prosecution for violation of 18 U.S.C. § 659 was initiated prior to the commencement of the State prosecution did not prevent dismissal of the Federal indictment when a State trial on a larceny charge resulted in acquittal before a defendant was retried on the Federal indictment following a remand from the Court of Appeals. See United States v. Evans , (D.N.J. November 19, 1968) (DJ 15-48-368). The Solicitor General decided no appeal should be taken not because of 18 U.S.C. § 659 but because of the policy against dual prosecution. See JM 9-2.031 (Petite Policy). Violations of 18 U.S.C. § 1119 (Foreign Murder of U.S. Nationals) may be prosecuted only upon formal approval in writing by the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, after consultations with the Secretary of State.  The Attorney General has delegated responsibility for approval to the Assistant Attorney General for the Criminal Division.  Accordingly, under no circumstances should an indictment under this section be sought, nor an information be filed without the written approval of the Assistant Attorney General, Criminal Division. Requests for written approval to prosecute should be forwarded to the Human Rights and Special Prosecutions Section. See JM 9-141.000 . [updated June 2018] [cited in JM 9-2.100 ] ## Nearby sections - [Justice Manual § 9-2.001 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-2.001.md) - [Justice Manual § 9-2.010 Investigations](https://www.frixlaw.com/law-library/statutes/JM_S9-2.010.md) - [Justice Manual § 9-2.020 Declining Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.020.md) - [Justice Manual § 9-2.021 Armed Forces Enlistment as an Alternative to Federal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.021.md) - [Justice Manual § 9-2.022 Pretrial Diversion as an Alternative to Federal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.022.md) - [Justice Manual § 9-2.030 Authorizing Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.030.md) - [Justice Manual § 9-2.031 Dual and Successive Prosecution Policy ("Petite Policy")](https://www.frixlaw.com/law-library/statutes/JM_S9-2.031.md) - [Justice Manual § 9-2.032 Notification to the Criminal Division of Certain Prosecutions of Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-2.032.md) - [Justice Manual § 9-2.040 Dismissal of Complaints](https://www.frixlaw.com/law-library/statutes/JM_S9-2.040.md) - [Justice Manual § 9-2.041 Cancellation of Unexecuted Arrest Warrants](https://www.frixlaw.com/law-library/statutes/JM_S9-2.041.md) - [Justice Manual § 9-2.050 Dismissal of Indictments and Informations](https://www.frixlaw.com/law-library/statutes/JM_S9-2.050.md) - [Justice Manual § 9-2.060 Appeals, Mandamus, Stays, Rehearing, Certiorari](https://www.frixlaw.com/law-library/statutes/JM_S9-2.060.md) - [Justice Manual § 9-2.100 Limitations on United States Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-2.100.md) - [Justice Manual § 9-2.101 American Bar Association Standards for Criminal Justice](https://www.frixlaw.com/law-library/statutes/JM_S9-2.101.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-2.112. Check the current official text before relying on it. Not legal advice.